[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]


 
                      COMMITTEE ON FOREIGN AFFAIRS 
                     COMMITTEE ON FOREIGN RELATIONS 

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     
                         JOINT COMMITTEE PRINT

                               JUNE 2009











                               VOLUME IV

                        CURRENT LEGISLATION AND
                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate










        Legislation on Foreign Relations Through 2005--Volume IV









                      COMMITTEE ON FOREIGN AFFAIRS
                     COMMITTEE ON FOREIGN RELATIONS

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                               JUNE 2009

                               VOLUME IV

                        CURRENT LEGISLATION AND
                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate

 Printed for the use of the Committees on Foreign Affairs and Foreign 
 Relations of the House of Representatives and the Senate respectively



                    U.S. Government Printing Office
                           Washington : 2009
33-619 PS                                                                                                            
_______________________________________________________________________

 For sale by the Superintendent of Documents, U.S. Government Printing 
                                 Office
 Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; DC area 
                             (202) 512-1800
    Fax: (202) 512-2104  Mail: Stop IDCC, Washington, DC 20402-0001










                      COMMITTEE ON FOREIGN AFFAIRS
                 HOWARD L. BERMAN, California, Chairman

GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
Samoa                                DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts         RON PAUL, Texas
GREGORY W. MEEKS, New York           JEFF FLAKE, Arizona
DIANE E. WATSON, California          MIKE PENCE, Indiana
RUSS CARNAHAN, Missouri              JOE WILSON, South Carolina
ALBIO SIRES, New Jersey              JOHN BOOZMAN, Arkansas
GERALD E. CONNOLLY, Virginia         J. GRESHAM BARRETT, South Carolina
MICHAEL E. McMAHON, New York         CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida

                   Richard J. Kessler, Staff Director

                Yleem Poblete, Republican Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       Republican Leader designee
BARBARA BOXER, California            BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey          JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania   JIM DeMINT, South Carolina
JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire        ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                      David McKean, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                 ______

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on Foreign Affairs of the House 
of Representatives and Foreign Relations of the Senate, amended 
to date and annotated to show pertinent history or cross 
references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We wish to express our appreciation to Larry Q. Nowels and 
Dianne E. Rennack of the Foreign Affairs, Defense, and Trade 
Division of the Congressional Research Service of the Library 
of Congress and Suzanne Kayne of the U.S. Government Printing 
Office who prepared volume IV of this year's compilation.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.

                                                     June 15, 2009.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2005.
    This volume sets out ``session law'' as originally enacted 
by Congress and published by the Archivist of the United States 
as ``slip law'' and later in the series United States Statutes 
at Large (as subsequently amended, if applicable). Amendments 
are incorporated into the text and distinguished by a footnote. 
Session law is organized in this series by subject matter in a 
manner designed to meet the needs of the Congress.
    Although laws enacted by Congress in the area of foreign 
relations are also codified by the Law Revision Counsel of the 
House of Representatives, typically in title 22 United States 
Code, those codifications are not positive law and are not, in 
most instances, the basis of further amendment by the Congress. 
Cross references to the United States Code are included as 
footnotes for the convenience of the reader.
    All Executive orders and State Department delegations of 
authority are codified and in force as of December 31, 2005.
    Corrections may be sent to Matthew C. Weed at the Library 
of Congress, Congressional Research Service, Washington, D.C., 
20540-7460, or by e-mail at [email protected].

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
R.S.........................................  Revised Statutes.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.
                                  (vi)












                            C O N T E N T S

                              ----------                              
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION..............     1

 1. Law of the Sea...............................................     5
 2. Marine Pollution.............................................   126
 3. Tuna Conventions.............................................   160
 4. Fisheries Act of 1995........................................   209
 5. Dolphins.....................................................   236
 6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
    567) (partial text)..........................................   257
 7. Driftnet Fishing.............................................   266
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 
    1990 (Public Law 101-646) (partial text).....................   280
 9. Negotiation of International Agreements for the Conservation 
    of Sea Turtles (Public Law 101-162) (partial text)...........   282
10. Whales.......................................................   284
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513)   292
12. Salmon.......................................................   295
13. Northern Boundary and Transboundary Rivers Restoration and 
    Enhancement Fund and Southern Boundary Restoration and 
    Enhancement Fund (Public Law 106-113) (partial text).........   310
14. Antarctic Marine Living Resources Convention Act of 1984 
    (Title III of Public Law 98-623).............................   314
15. American Fisheries Promotion Act (Public Law 95-561).........   325
16. Endangered Species Act of 1973, as amended (Public Law 93-
    205) (partial text)..........................................   327
17. Marine Mammal Protection Act of 1972, as amended (Public Law 
    92-522) (partial text).......................................   347
18. Fishermen's Protective Act of 1967, as amended (Public Law 
    83-680)......................................................   374

L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT....................   390

 1. Energy Policy Act of 2005 (Public Law 109-58) (partial text).   393
 2. Energy Policy Act of 1992 (Public Law 102-486) (partial text)   401
 3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229)   435
 4. Energy Policy and Conservation Act (Public Law 94-163) 
    (partial text)...............................................   438
 5. Alaska National Interests Lands Conservation Act (Public Law 
    96-487) (partial text).......................................   465
 6. Negotiations With Canada Concerning the Alaska Pipeline 
    (Public Law 93-153) (partial text)...........................   467
 7. Environment and Natural Resources............................   469

M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION.....   684

 1. Aviation Security............................................   685
 2. International Cooperation in Scientific Research.............   757
 3. Arctic Research..............................................   806

N. OTHER LEGISLATION.............................................   822

 1. Provisions of Law Relating to Travel Outside the United 
    States.......................................................   825
 2. Legislation Authorizing U.S. Participation in Parliamentary 
    Conferences..................................................   831
 3. International Claims Settlement Acts.........................   848
 4. Compacts of Free Association Act and Related Legislation.....   926
 5. Registration of Foreign Agents...............................  1161
 6. Neutrality Act and Related Material..........................  1180
 7. National Security Act of 1947 (Public Law 80-253) (partial 
    text)........................................................  1190
 8. Intelligence Authorization Provisions........................  1210
 9. Reporting Requirements.......................................  1218
10. Logan Act--Private Correspondence With Foreign Governments 
    (Public Law 80-772)..........................................  1226
11. Resolution Establishing a Select Committee on Intelligence 
    (S. Res. 400) (partial text).................................  1227
12. Permanent Select Committee on Intelligence (House Rule 
    XLVIII) (partial text).......................................  1229
13. David L. Boren National Security Education Act of 1991 
    (Public Law 102-183) (partial text)..........................  1236
14. Inspector General Act of 1978, as amended (Public Law 95-452)  1251
15. Assignment of National Security and Emergency Preparedness 
    Telecommunications Functions (Executive Order 12472)......... 11264
16. National Security Emergency Preparedness Responsibilities 
    (Executive Order 12656) (partial text).......................  1274
17. U.S. Government Opposition to the Practice of Torture (Public 
    Law 98-447)..................................................  1286
18. Commission on the Ukraine Famine Act (Public Law 99-180) 
    (partial text)...............................................  1288
19. Nazi War Crimes and Holocaust Assets.........................  1292
20. Japanese Imperial Government Disclosure Act of 2000 (Public 
    Law 106-567) (partial text)..................................  1309
21. To Locate and Secure the Return of Zachary Baumel (Public Law 
    106-89)......................................................  1313
22. Taiwan's Participation in the World Health Organization......  1315
23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law 
    107-61)......................................................  1321
24. Investigation of Those Missing From Cyprus Since 1974 (Public 
    Law 103-372).................................................  1322
25. Proclamations................................................  1323

APPENDICES.......................................................  1329

INDEX............................................................  1375
=======================================================================


          K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION

                                CONTENTS

                                                                   Page

 1. Law of the Sea...............................................     5
      a. Magnuson-Stevens Fishery Conservation and Management 
          Act, as amended (Public Law 94-265) (partial text).....     5
      b. Marine Turtle Conservation Act of 2004 (Public Law 108-
          266)...................................................    47
      c. Shark Finning Prohibition Act (Public Law 106-557)......    53
      d. Yukon River Salmon Act (Public Law 106-450) (partial 
          text)..................................................    56
      e. Sustainable Fisheries Act (Public Law 104-297) (partial 
          text)..................................................    61
      f. Fishery Conservation Amendments of 1990 (Public Law 101-
          627) (partial text)....................................    63
      g. Fishery Conservation Zone Transition Act, as amended 
          (Public Law 95-6) (partial text).......................    66
      h. Deep Seabed Hard Mineral Resources Act (Public Law 96-
          283)...................................................    72
      i. Establishment of Exclusive Economic Zone of the United 
          States (Proclamation 5030).............................   108
      j. Establishment of Territorial Sea of the United States 
          (Proclamation 5928)....................................   110
      k. Establishment of Contiguous Zone of the United States 
          (Proclamation 7219)....................................   111
      l. Governing International Fishery Agreements..............   113
            (1) Governing International Fisheries Agreement with 
                Poland (Public Law 105-384) (partial text).......   113
            (2) Governing International Fisheries Agreement with 
                Russian Federation (Public Law 103-206) (partial 
                text)............................................   114
            (3) Governing International Fishery Agreement with 
                Estonia (Public Law 102-587) (partial text)......   116
            (4) Governing International Fishery Agreement with 
                Japan (Public Law 101-224) (partial text)........   117
            (5) Governing International Fishery Agreement with 
                the Soviet Union (Public Law 100-629) (partial 
                text)............................................   118
            (6) Governing International Fishery Agreement with 
                the German Democratic Republic (Public Law 100-
                350).............................................   120
            (7) Governing International Fishery Agreement With 
                Japan Concerning Fisheries Off the Coasts of the 
                United States (Public Law 100-220) (partial text)   121
            (8) Governing International Fishery Agreement With 
                South Korea (Public Law 100-66) (partial text)...   122
            (9) Governing International Fishery Agreement with 
                Iceland and the European Economic Community 
                (Title I of Public Law 98-623)...................   123
            (10) Governing International Fishery Agreements with 
                Japan and Spain (Title IV of Public Law 97-389)..   124
            (11) Governing International Fishery Agreement With 
                Portugal (Public Law 96-561) (partial text)......   125
 2. Marine Pollution.............................................   126
      a. Oil Pollution Act of 1990 (Public Law 101-380) (partial 
          text)..................................................   126
      b. Act to Prevent Pollution from Ships (Public Law 96-478).   128
      c. Deepwater Port Act of 1974 (Public Law 93-627) (partial 
          text)..................................................   144
      d. Intervention on the High Seas Act (Public Law 93-248)...   152
      e. Coral Reef Protection (Executive Order 13089)...........   157
 3. Tuna Conventions.............................................   160
      a. Tuna Conventions Act of 1950, as amended (Public Law 81-
          764)...................................................   160
      b. Pacific Albacore Tuna Treaty (Public Law 108-219).......   170
      c. South Pacific Tuna Act of 1988 (Public Law 100-330).....   172
      d. Eastern Pacific Ocean Tuna Licensing Act of 1984 (Public 
          Law 98-445)............................................   185
      e. Atlantic Tunas Convention Act of 1975, Appropriation 
          Authorization (Public Law 96-339) (partial text).......   190
      f. Atlantic Tunas Convention Act of 1975, as amended 
          (Public Law 94-70).....................................   194
 4. Fisheries Act of 1995 (Public Law 104-43) (partial text).....   209
 5. Dolphins.....................................................   236
      a. International Dolphin Conservation Program (Public Law 
          92-522) (partial text).................................   236
      b. International Dolphin Conservation Program Act (Public 
          Law 105-42) (partial text).............................   248
      c. International Dolphin Conservation Act of 1992 (Public 
          Law 102-523)...........................................   250
      d. Dolphin Proection Consumer Information Act (Public Law 
          101-627) (partial text)................................   251
 6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
    567) (partial text)..........................................   257
 7. Driftnet Fishing.............................................   266
      a. High Seas Driftnet Fisheries Enforcement Act (Public Law 
          102-582) (partial text)................................   266
      b. Driftnet Impact Monitoring, Assessment, and Control 
          (Title IV Public Law 100-220)..........................   276
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 
    1990 (Public Law 101-646) (partial text).....................   280
 9. Negotiation of International Agreements for the Conservation 
    of Sea Turtles (Public Law 101-162) (partial text)...........   282
10. Whales.......................................................   284
      a. Wildlife Sanctuary for Humpback Whales (Public Law 99-
          630)...................................................   284
      b. Whaling Convention Act of 1949 (Public Law 81-676)......   285
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513) 
    (partial text)...............................................   292
12. Salmon.......................................................   295
      a. Pacific Salmon Treaty Act of 1985 (Public Law 99-5).....   295
      b. Atlantic Salmon Convention Act of 1982 (Title III of 
          Public Law 97-389).....................................   306
13. Northern Boundary and Transboundary Rivers Restoration and 
    Enhancement Fund and Southern Boundary Restoration and 
    Enhancement Fund (Public Law 106-113) (partial text).........   310
14. Antarctic Marine Living Resources Convention Act of 1984 
    (Title III of Public Law 98-623).............................   314
15. American Fisheries Promotion Act (Public Law 96-561) (partial 
    text)........................................................   325
16. Endangered Species Act of 1973, as amended (Public Law 93-
    205) (partial text)..........................................   327
17. Marine Mammal Protection Act of 1972, as amended (Public Law 
    92-522) (partial text).......................................   347
18. Fishermen's Protective Act of 1967, as amended (Public Law 
    83-680)......................................................   374
                .................................................

                .................................................
                .................................................

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Conventions and agreements referred to by Acts in this section may be researched according to 
--------------------------------------------------------------------------------------------------------------------------------------------------------

                           1. Law of the Sea

a. Magnuson-Stevens Fishery Conservation and Management Act, as amended 
                                  \1\

 Partial Text of Public Law 94-265 [H.R. 200], 90 Stat. 331, approved 
  April 13, 1976; as amended by Public Law 95-6 [Fishery Conservation 
 Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1, 
1977; Public Law 95-354 [H.R. 10732], 92 Stat. 519, approved August 28, 
  1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15, 
 1979; Public Law 96-118 [H.R. 2035], 93 Stat. 859, approved November 
 16, 1979; Public Law 96-470 [Congressional Reports Elimination Act of 
1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law 
  96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275, 
approved December 22, 1980; Public Law 97-191 [S. 2535], 96 Stat. 107, 
 approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481, 
approved January 12, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 
  at 3408, approved November 8, 1984; Public Law 99-659 [S. 991]; 100 
Stat. 3607, approved November 14, 1986; Public Law 100-239 [Commercial 
 Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101 
  Stat. 1778, approved January 11, 1988; Public Law 101-627 [Fishery 
 Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved 
  November 28, 1990; Public Law 102-251 [Flower Garden Banks National 
  Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; 
 Public Law 103-237 [Foreign Relations Authorization Act, Fiscal Years 
  1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
  Public Law 103-437 [U.S. Code Technical Amendments; H.R. 4777], 108 
 Stat. 4581, approved November 2, 1994; Public Law 104-208 [Department 
   of Commerce and Related Agencies Appropriations Act; title II of 
section 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 
3009, approved September 30, 1996; and Public Law 104-297 [Sustainable 
    Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996

AN ACT To provide for the conservation and management of the fisheries, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Magnuson-Stevens Fishery Conservation 
and Management Act''.\1\
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the 
name of this Act from the ``Fishery Conservation and Management Act of 
1976'' to the ``Magnuson Fishery Conservation and Management Act of 
1976'', effective January 6, 1981. Sec. 238 further stipulated that all 
references to the Fishery Conservation and Management Act of 1976 shall 
be redesignated as references to the Magnuson Fishery Conservation and 
Management Act of 1976.
    Sec. 211(a) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), subsequently amended sec. 1 to change the 
name from ``Magnuson'' to ``Magnuson-Stevens'', and struck out ``of 
1976'' following ``Act''. Sec. 211(b) of that Act provided that: 
``Effective 15 days after the enactment of the Sustainable Fisheries 
Act [enacted October 11, 1996], all references to the Magnuson Fishery 
Conservation and Management Act shall be redesignated as references to 
the Magnuson-Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.

 TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
                                RESOURCES

Sec. 101. United States sovereign rights to fish and fishery management 
          authority.
Sec. 102. Highly migratory species.\2\
Sec. 103. Highly migratory species.
Sec. 104. Effective date.

     TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

Sec. 201. Foreign fishing.
Sec. 202. International fishery agreements.
Sec. 203. Congressional oversight of governing international fishery 
          agreements.
Sec. 204. Permits for foreign fishing.
Sec. 205. Import prohibitions.
Sec. 206. Large-scale driftnet fishing.\3\

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

          * * * * * * *

               TITLE IV--FISHERY MONITORING AND RESEARCH

          * * * * * * *

SEC. 2.\4\ FINDINGS, PURPOSES AND POLICY.

    (a) Findings.--The Congress finds and declares the 
following:
---------------------------------------------------------------------------
    \2\ Effective January 1, 1992, pursuant to sec. 103(b) and (c) of 
the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 
Stat. 4439), the title for sec. 102 became ``Highly migratory 
species''.
    \3\ Sec. 107(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4444) struck out ``Transitional 
provisions'' and inserted in lieu thereof ``Large-scale driftnet 
fishing''.
    \4\ 16 U.S.C. 1801.
---------------------------------------------------------------------------
          (1) The fish off the coasts of the United States, the 
        highly migratory species of the high seas, the species 
        which dwell on or in the Continental Shelf appertaining 
        to the United States, and the anadromous species which 
        spawn in United States rivers or estuaries, constitute 
        valuable and renewable natural resources. These fishery 
        resources contribute to the food supply, economy, and 
        health of the Nation and provide recreational 
        opportunities.
          (2) \5\ Certain stocks of fish have declined to the 
        point where their survival is threatened, and other 
        stocks of fish have been so substantially reduced in 
        number that they could become similarly threatened as a 
        consequence of (A) increased fishing pressure, (B) the 
        inadequacy of fishery resource conservation and 
        management practices and controls, or (C) direct and 
        indirect habitat losses which have resulted in a 
        diminished capacity to support existing fishing levels.
---------------------------------------------------------------------------
    \5\ Sec. 101(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) amended and restated para. (2), which formerly 
read as follows:
    ``(2) As a consequence of increased fishing pressure and because of 
the inadequacy of fishery conservation and management practices and 
controls (A) certain stocks of such fish have been overfished to the 
point where their survival is threatened, and (B) other such stocks 
have been so substantially reduced in number that they could become 
similarly threatened.''.
---------------------------------------------------------------------------
          (3) Commercial and recreational fishing constitutes a 
        major source of employment and contributes 
        significantly to the economy of the Nation. Many 
        coastal areas are dependent upon fishing and related 
        activities, and their economies have been badly damaged 
        by the overfishing of fishery resources at an ever-
        increasing rate over the past decade. The activities of 
        massive foreign fishing fleets in waters adjacent to 
        such coastal areas have contributed to such damage, 
        interfered with domestic fishing efforts, and caused 
        destruction of the fishing gear of United States 
        fishermen.
          (4) International fishery agreements have not been 
        effective in preventing or terminating the overfishing 
        of these valuable fishery resources. There is danger 
        that irreversible effects from overfishing will take 
        place before an effective international agreement on 
        fishery management jurisdiction can be negotiated, 
        signed, ratified, and implemented.
          (5) Fishery resources are finite but renewable. If 
        placed under sound management before overfishing has 
        caused irreversible effects, the fisheries can be 
        conserved and maintained so as to provide optimum 
        yields on a continuing basis.
          (6) A national program for the conservation and 
        management of the fishery resources of the United 
        States is necessary to prevent overfishing, to rebuild 
        overfished stocks, to insure conservation, to 
        facilitate long-term protection of essential fish 
        habitats,\6\ and to realize the full potential of the 
        Nation's fishery resources.
---------------------------------------------------------------------------
    \6\ Sec. 101(2) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) inserted ``to facilitate long-term protection of 
essential fish habitats,'' after ``conservation,''.
---------------------------------------------------------------------------
          (7) A national program for the development of 
        fisheries which are underutilized or not utilized by 
        United States fishermen,\7\ including bottom fish off 
        Alaska, is necessary to assure that our citizens 
        benefit from the employment, food supply, and revenue 
        which could be generated thereby.
---------------------------------------------------------------------------
    \7\ Sec. 2(a) of Public Law 95-354 (92 Stat. 519) struck out 
``United States fishing industry'' and inserted in lieu thereof 
``United States fishermen''.
---------------------------------------------------------------------------
          (8) \8\ The collection of reliable data is essential 
        to the effective conservation, management, and 
        scientific understanding of the fishery resources of 
        the United States.
---------------------------------------------------------------------------
    \8\ Sec. 101(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) added para. (8).
---------------------------------------------------------------------------
          (9) \9\ One of the greatest long-term threats to the 
        viability `(9) One of the greatest long-term threats to 
        the viability of commercial and recreational fisheries 
        is the continuing loss of marine, estuarine, and other 
        aquatic habitats. Habitat considerations should receive 
        increased attention for the conservation and management 
        of fishery resources of the United States.
---------------------------------------------------------------------------
    \9\ Sec. 101(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added paras. (9) and (10).
---------------------------------------------------------------------------
          (10) \9\ Pacific Insular Areas contain unique 
        historical, cultural, legal, political, and 
        geographical circumstances which make fisheries 
        resources important in sustaining their economic 
        growth.
    (b) Purposes.--It is therefore declared to be the purposes 
of the Congress in this Act--
          (1) \10\ to take immediate action to conserve and 
        manage the fishery resources found off the coasts of 
        the United States, and the anadromous species and 
        Continental Shelf fishery resources of the United 
        States, by exercising (A) sovereign rights for the 
        purposes of exploring, exploiting, conserving, and 
        managing all fish,\11\ within the exclusive economic 
        zone established by Presidential Proclamation 5030, 
        dated March 10, 1983, and (B) exclusive fishery 
        management authority beyond the exclusive economic zone 
        over such anadromous species and Continental Shelf 
        fishery resources, and fishery resources in the special 
        areas; \12\
---------------------------------------------------------------------------
    \10\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended 
and restated para. (1).
    \11\ Sec. 101(b)(1) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) struck out ``except highly 
migratory species''.
    \12\ Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted ``, 
and fishery resources in the special areas'' before the semicolon.
---------------------------------------------------------------------------
          (2) to support and encourage the implementation and 
        enforcement of international fishery agreements for the 
        conservation and management of highly migratory 
        species, and to encourage the negotiation and 
        implementation of additional such agreements as 
        necessary;
          (3) to promote domestic commercial and recreational 
        fishing under sound conservation and management 
        principles, including the promotion of catch and 
        release programs in recreational fishing; \13\
---------------------------------------------------------------------------
    \13\ Sec. 101(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``principles;'' and inserted in lieu 
thereof ``principles, including the promotion of catch and release 
programs in recreational fishing;''.
---------------------------------------------------------------------------
          (4) to provide for the preparation and 
        implementation, in accordance with national standards, 
        of fishery management plans which will achieve and 
        maintain, on a continuing basis, the optimum yield from 
        each fishery;
          (5) to establish Regional Fishery Management Councils 
        to exercise sound judgment in the stewardship of 
        fishery resources through the preparation, monitoring, 
        and revision of \14\ such plans under circumstances (A) 
        which will enable the States, the fishing industry, 
        consumer and environmental organizations, and other 
        interested persons to participate in, and advise on, 
        the establishment and administration of such plans, and 
        (B) which take into account the social and economic 
        needs of the States; \15\
---------------------------------------------------------------------------
    \14\ Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) struck out ``prepare, monitor, and 
revise'' and inserted in lieu thereof ``exercise sound judgment in the 
stewardship of fishery resources through the preparation, monitoring, 
and revision of''.
    \15\ Sec. 101(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``and'' after the semicolon at the end 
of subsec. (b)(5).
---------------------------------------------------------------------------
          (6) to encourage the development by the United States 
        fishing industry \16\ of fisheries which are currently 
        underutilized or not utilized by United States 
        fishermen, including bottom fish off Alaska, and to 
        that end, to ensure that optimum yield determinations 
        promote such development in a non-wasteful manner; and 
        \17\
---------------------------------------------------------------------------
    \16\ Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added ``by the 
United States fishing industry''.
    \17\ Sec. 233 of Public Law 96-561 added ``, and to that end, to 
ensure that optimum yield determinations promote such development''. 
Sec. 101(6) of the Sustainable Fisheries Act (Public Law 104-297; 110 
Stat. 3560) struck out ``development.'' and inserted in lieu thereof 
``development in a non-wasteful manner; and''.
---------------------------------------------------------------------------
          (7) \18\ to promote the protection of essential fish 
        habitat in the review of projects conducted under 
        Federal permits, licenses, or other authorities that 
        affect or have the potential to affect such habitat.
---------------------------------------------------------------------------
    \18\ Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added para. (7).
---------------------------------------------------------------------------
    (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1) to maintain without change the existing 
        territorial or other ocean jurisdiction of the United 
        States for all purposes other than the conservation and 
        management of fishery resources, as provided for in 
        this Act;
          (2) to authorize no impediment to, or interference 
        with, recognized legitimate uses of the high seas, 
        except as necessary for the conservation and management 
        of fishery resources, as provided for in this Act;
          (3) to assure that the national fishery conservation 
        and management program utilizes, and is based upon, the 
        best scientific information available; involves, and is 
        responsive to the needs of interested and affected 
        States and citizens; considers \19\ efficiency; draws 
        upon Federal, State, and academic capabilities in 
        carrying out research, administration, management, and 
        enforcement; considers the effects of fishing on 
        immature fish and encourages development of practical 
        measures that minimize bycatch and \20\ avoid 
        unnecessary waste of fish; \21\ and is workable and 
        effective;
---------------------------------------------------------------------------
    \19\ Sec. 101(8)(A) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3560) struck out ``promotes'' and inserted in lieu 
thereof ``considers''.
    \20\ Sec. 101(8)(B) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3560) inserted ``minimize bycatch and'' after 
``practical measures that''.
    \21\ Sec. 101(c)(1) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) inserted text beginning with 
``considers the effects of fishing''.
---------------------------------------------------------------------------
          (4) to permit foreign fishing consistent with the 
        provisions of this Act; \22\
---------------------------------------------------------------------------
    \22\ Sec. 101(c)(2) through (4) of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out 
``and'' at the end of para. (4); struck out the period at the end of 
para. (5), and inserted text beginning with ``, and to secure 
agreements''; and added a new para. (6).
---------------------------------------------------------------------------
          (5) \23\ to support and encourage active United 
        States efforts to obtain internationally acceptable 
        agreements which provide for effective conservation and 
        management of fishery resources, and to secure 
        agreements to regulate fishing by vessels or person 
        beyond the exclusive economic zones of any nation; 
        \22\, \24\
---------------------------------------------------------------------------
    \23\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended 
and restated para. (5).
    \24\ Sec. 101 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3560) struck out ``and'' at the end of para. (5), struck out 
a period at the end of para. (6) and inserted instead ``; and'' and 
added a new para. (7).
---------------------------------------------------------------------------
          (6) \22\ to foster and maintain the diversity of 
        fisheries in the United States; and \24\
          (7) \24\ to ensure that the fishery resources 
        adjacent to a Pacific Insular Area, including resident 
        or migratory stocks within the exclusive economic zone 
        adjacent to such areas, be explored, developed, 
        conserved, and managed for the benefit of the people of 
        such area and of the United States.

SEC. 3.\25\ DEFINITIONS.

    As used in this Act, unless the context otherwise 
requires--
---------------------------------------------------------------------------
    \25\ 16 U.S.C. 1802. Paragraph designations in sec. 3 have been 
repeatedly reassigned as new paras. were added. Footnotes to this 
section provide only substantive amendment history.
---------------------------------------------------------------------------
          (1) The term ``anadromous species'' means species of 
        fish which spawn in fresh or estuarine waters of the 
        United States and which migrate to ocean waters.
          (2) \26\ The term ``bycatch'' means fish which are 
        harvested in a fishery, but which are not sold or kept 
        for personal use, and includes economic discards and 
        regulatory discards. Such term does not include fish 
        released alive under a recreational catch and release 
        fishery management program.
---------------------------------------------------------------------------
    \26\ Sec. 102(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added new paras. (2) through (4) and redesignated 
subsequent paras.
---------------------------------------------------------------------------
          (3) \26\ The term ``charter fishing'' means fishing 
        from a vessel carrying a passenger for hire (as defined 
        in section 2101(21a) of title 46, United States Code) 
        who is engaged in recreational fishing.
          (4) \26\ The term ``commercial fishing'' means 
        fishing in which the fish harvested, either in whole or 
        in part, are intended to enter commerce or enter 
        commerce through sale, barter or trade.
          (5) The term ``conservation and management'' refers 
        to all of the rules, regulations, conditions, methods, 
        and other measures (A) which are required to rebuild, 
        restore, or maintain, and which are useful in 
        rebuilding, restoring, or maintaining, any fishery 
        resource and the marine environment; and (B) which are 
        designed to assure that--
                  (i) a supply of food and other products may 
                be taken, and that recreational benefits may be 
                obtained, on a continuing basis;
                  (ii) irreversible or long-term adverse 
                effects on fishery resources and the marine 
                environment are avoided; and
                  (iii) there will be a multiplicity of options 
                available with respect to future uses of these 
                resources.
          (6) The term ``Continental Shelf'' means the seabed 
        and subsoil of the submarine areas adjacent to the 
        coast, but outside the area of the territorial sea, of 
        the United States, to a depth of 200 meters or, beyond 
        that limit, to where the depth of the superjacent 
        waters admits of the exploitation of the natural 
        resources of such areas.
          (7) The term ``Continental Shelf fishery resources'' 
        means the following:

                             Cnidaria \27\
---------------------------------------------------------------------------

    \27\ Para. (7), as redesignated from para. (4) by sec. 102(1) of 
the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3561) was 
further amended by sec. 102(2) of that Act, by striking 
``Coelenterata'' from the heading of the list of corals and inserting 
in lieu thereof ``Cnidaria'', and by striking ``Deep-sea Red Crab--
Geryon quinquedens'' and inserting in lieu thereof ``Deep-sea Red 
Crab--Chaceon quinquedens'' from the list of crustacea.
---------------------------------------------------------------------------
                Bamboo Coral--Acanella spp.;
                Black Coral--Antipathes spp.;
                Gold Coral--Callogorgia spp.;
                Precious Red Coral--Corallium spp.;
                Bamboo Coral--Keratoisis spp.; and
                Gold Coral--Parazoanthus spp.

                               Crustacea

                Tanner Crab--Chionoecetes tanneri;
                Tanner Crab--Chionoecetes opilio;
                Tanner Crab--Chionoecetes angulatus;
                Tanner Crab--Chionoecetes bairdi;
                King Crab--Paralithodes camtschatica;
                King Crab--Paralithodes platypus;
                King Crab--Paralithodes brevipes;
                Lobster--Homarus americanus;
                Dungeness Crab--Cancer magister;
                California King Crab--Paralithodes 
                californiensis;
                California King Crab--Paralithodes rathbuni;
                Golden King Crab--Lithodes aequispinus;
                Northern Stone Crab--Lithodes maja;
                Stone Crab--Menippe mercenaria; and
                Deep-sea Red Crab--Chaceon quinquedens.\27\

                                Mollusks

                Red Abalone--Haliotis rufescens;
                Pink Abalone--Haliotis corrugata;
                Japanese Abalone--Haliotis kamtschatkana;
                Queen Conch--Strombus gigas;
                Surf Clam--Spisula solidissima; and
                Ocean Quahog--Arctica islandica.

                                Sponges

                Glove Sponge--Spongia cheiris; \28\
---------------------------------------------------------------------------
    \28\ Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) struck out 
``Hippiospongia canaliculata'' and inserted in lieu thereof ``Glove 
Sponge--Spongia cheiris''.
---------------------------------------------------------------------------
                Sheepswool Sponge--Hippiospongia lachne;
                Grass Sponge--Spongia graminea; and
                Yellow Sponge--Spongia barbera.
        If the Secretary determines, after consultation with 
        the Secretary of State, that living organisms of any 
        other sedentary species are at the harvestable stage, 
        either--
                  (A) immobile on or under the seabed, or
                  (B) unable to move except in constant 
                physical contact with the seabed or subsoil,
        of the Continental Shelf which appertains to the United 
        States, and publishes notice of such determination in 
        the Federal Register, such sedentary species shall be 
        considered to be added to the foregoing list and 
        included in such term for purposes of this Act.
          (8) The term ``Council'' means any Regional Fishery 
        Management Council established under section 302.
          (9) \29\ The term ``economic discards'' means fish 
        which are the target of a fishery, but which are not 
        retained because they are of an undesirable size, sex, 
        or quality, or for other economic reasons.
---------------------------------------------------------------------------
    \29\ Sec. 102(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added paras. (9) and (10), and redesignated 
subsequent paras.
---------------------------------------------------------------------------
          (10) \29\ The term ``essential fish habitat'' means 
        those waters and substrate necessary to fish for 
        spawning, breeding, feeding or growth to maturity.
          (11) \30\ The term ``exclusive economic zone'' means 
        the zone established by Proclamation Numbered 5030, 
        dated March 10, 1983. For purposes of applying this 
        Act, the inner boundary of that zone is a line 
        coterminous with the seaward boundary of each of the 
        coastal States.
---------------------------------------------------------------------------
    \30\ Sec. 101(a) of Public Law 99-659 (100 Stat. 3706) added para. 
(11) as para. (6). Sec. 101(a) also renumbered former paras. (6) and 
(7) as (7) and (8) and struck out former para. (8) which had defined 
the term ``fishery conservation zone''.
    Sec. 101(c)(2) of that Act replaced the term ``fishery conservation 
zone'' with the term ``exclusive economic zone'' each time it appeared 
in the Act.
---------------------------------------------------------------------------
          (12) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.\31\
---------------------------------------------------------------------------
    \31\ Sec. 102(a)(2) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) struck out ``, birds and highly 
migratory species'' and inserted in lieu thereof ``and birds''.
---------------------------------------------------------------------------
          (13) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (14) The term ``fishery resource'' means any fishery, 
        any stock of fish, any species of fish, and any habitat 
        of fish.
          (15) The term ``fishing'' means--
                  (A) The catching, taking, or harvesting of 
                fish;
                  (B) The attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity which can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research 
        activity which is conducted by a scientific research 
        vessel.
          (16) \32\ The term ``fishing community'' means a 
        community which is substantially dependent on or 
        substantially engaged in the harvest or processing of 
        fishery resources to meet social and economic needs, 
        and includes fishing vessel owners, operators, and crew 
        and United States fish processors that are based in 
        such community.
---------------------------------------------------------------------------
    \32\ Sec. 102(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added a new para. (16) and redesignated subsequent 
paras.
---------------------------------------------------------------------------
          (17) The term ``fishing vessel'' means any vessel, 
        boat, ship, or other craft which is used for, equipped 
        to be used for, or of a type which is normally used 
        for--
                  (A) fishing; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of any activity 
                relating to fishing, including, but not limited 
                to, preparation, supply, storage, 
                refrigeration, transportation, or processing.
          (18) The term ``foreign fishing'' means fishing by a 
        vessel other than a vessel of the United States.
          (19) The term ``high seas'' means all waters beyond 
        the territorial sea of the United States and beyond any 
        foreign nation's territorial sea, to the extent that 
        such sea is recognized by the United States.
          (20) \33\ The term ``highly migratory species'' means 
        tuna species, marlin (Tetrapturus spp. and Makaira 
        spp.), oceanic sharks, sailfishes (Istiophorus spp.), 
        and swordfish (Xiphias gladius).
---------------------------------------------------------------------------
    \33\ Sec. 102(a)(3) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) amended and restated para. (14), 
since redesignated as para. (20). It formerly defined ``highly 
migratory species'' as ``species of tuna which in the course of their 
life cycle, spawn and migrate over great distances in waters of the 
ocean.''.
---------------------------------------------------------------------------
          (21) \34\ The term ``individual fishing quota'' means 
        a Federal permit under a limited access system to 
        harvest a quantity of fish, expressed by a unit or 
        units representing a percentage of the total allowable 
        catch of a fishery that may be received or held for 
        exclusive use by a person. Such term does not include 
        community development quotas as described in section 
        305(i).
---------------------------------------------------------------------------
    \34\ Sec. 102(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added a new para. (21) and redesignated subsequent 
paras.
---------------------------------------------------------------------------
          (22) The term ``international fishery agreement'' 
        means any bilateral or multilateral treaty, convention, 
        or agreement which relates to fishing and to which the 
        United States is a party.
          (23) \35\ The term ``large-scale driftnet fishing'' 
        means a method of fishing in which a gillnet composed 
        of a panel or panels of webbing, or a series of such 
        gillnets, with a total length of two and one-half 
        kilometers \36\ or more is placed in the water and 
        allowed to drift with the currents and winds for the 
        purpose of entangling fish in the webbing.
---------------------------------------------------------------------------
    \35\ Sec. 102(a)(4) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (16), since 
redesignated as para. (23).
    \36\ Sec. 102(6) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) struck out ``of one and one-half miles'' and 
inserted in lieu thereof ``of two and one-half kilometers''.
---------------------------------------------------------------------------
          (24) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the Pacific 
        Marine Fisheries Commission.
          (25) \37\ The term ``migratory range'' means the 
        maximum area at a given time of the year within which 
        fish of an anadromous species or stock thereof can be 
        expected to be found, as determined on the basis of 
        scale pattern analysis, tagging studies, or other 
        reliable scientific information, except that the term 
        does not include any part of such area which is in the 
        waters of a foreign nation.
---------------------------------------------------------------------------
    \37\ Sec. 102(a)(5) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (18), since 
redesignated as para. (25).
---------------------------------------------------------------------------
          (26) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301.
          (27) \38\ The term ``observer'' means any person 
        required or authorized to be carried on a vessel for 
        conservation and management purposes by regulations or 
        permits under this Act.
---------------------------------------------------------------------------
    \38\ Sec. 102(a)(6) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (20), since 
redesignated as para. (27).
---------------------------------------------------------------------------
          (28) \39\ The term ``optimum'', with respect to the 
        yield from a fishery, means the amount of fish which--
---------------------------------------------------------------------------
    \39\ Sec. 102(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) amended and restated para. (28), as redesignated.
---------------------------------------------------------------------------
                  (A) will provide the greatest overall benefit 
                to the Nation, particularly with respect to 
                food production and recreational opportunities, 
                and taking into account the protection of 
                marine ecosystems;
                  (B) is prescribed on the basis of the maximum 
                sustainable yield from the fishery, as reduced 
                by any relevant social, economic, or ecological 
                factor; and
                  (C) in the case of an overfished fishery, 
                provides for rebuilding to a level consistent 
                with producing the maximum sustainable yield in 
                such fishery.
          (29) \40\ The terms ``overfishing'' and 
        ``overfished'' mean a rate or level of fishing 
        mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing 
        basis.
---------------------------------------------------------------------------
    \40\ Sec. 102(8) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (29) and (30) and redesignated 
subsequent paras.
---------------------------------------------------------------------------
          (30) \40\ The term ``Pacific Insular Area'' means 
        American Samoa, Guam, the Northern Mariana Islands, 
        Baker Island, Howland Island, Jarvis Island, Johnston 
        Atoll, Kingman Reef, Midway Island, Wake Island, or 
        Palmyra Atoll, as applicable, and includes all islands 
        and reefs appurtenant to such island, reef, or atoll.
          (31) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (32) \41\ The term ``recreational fishing'' means 
        fishing for sport or pleasure.
---------------------------------------------------------------------------
    \41\ Sec. 102(9) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (32) and (33) and redesignated 
subsequent paras.
---------------------------------------------------------------------------
          (33) \41\ The term ``regulatory discards'' means fish 
        harvested in a fishery which fishermen are required by 
        regulation to discard whenever caught, or are required 
        by regulation to retain but not sell.
          (34) The term ``Secretary'' means the Secretary of 
        Commerce or his designee.
          (35) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, the Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States.
          (36) \42\ The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990. In particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
---------------------------------------------------------------------------
    \42\ Sec. 301(b) of Public Law 102-251 (106 Stat. 62) added para. 
(36) to define ``special areas,'' effective on the date on which the 
Agreement Between the United States and the Union of Soviet Socialist 
Republics on the Maritime Boundary, signed June 1, 1990, entered into 
force for the United States, with authority to prescribe implementing 
regulations effective March 9, 1992, but with no such regulations 
effective until the date on which the Agreement entered into force for 
the United States.
    Sec. 405(a) of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3621) provided that sec. 301(b) of Public Law 102-251 shall 
take effect on the date of enactment of Public Law 104-297, which would 
result in adding a paragraph to define ``special areas''. Sec. 102(10) 
of that Act, however, separately added language similar to that 
provided in Public Law 102-251 as para. (36), effective immediately, 
and redesignated the following paras. appropriately.
---------------------------------------------------------------------------
          (37) The term ``stock of fish'' means a species, 
        subspecies, geographical grouping, or other category of 
        fish capable of management as a unit.
          (38) The term ``treaty'' means any international 
        fishery agreement which is a treaty within the meaning 
        of section 2 of article II of the Constitution.
          (39) \43\ The term ``tuna species'' means the 
        following:
---------------------------------------------------------------------------
    \43\ Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added para. (27), since 
redesignated as para. (39).
---------------------------------------------------------------------------
                Albacore Tuna--Thunnus alalunga;
                Bigeye Tuna--Thunnus obesus;
                Bluefin Tuna--Thunnus thynnus;
                Skipjack Tuna--Katsuwonus pelamis; and
                Yellowfin Tuna--Thunnus albacares.
          (40) The term ``United States'', when used in a 
        geographical context, means all the States thereof.
          (41) \44\ The term ``United States fish processors'' 
        means facilities located within the United States for, 
        and vessels of the United States used or equipped for, 
        the processing of fish for commercial use or 
        consumption.
---------------------------------------------------------------------------
    \44\ Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras. 
(25) and (26), since redesignated as paras. (41) and (42).
---------------------------------------------------------------------------
          (42) \44\ The term ``United States harvested fish'' 
        means fish caught, taken, or harvested by vessels of 
        the United States within any fishery regulated under 
        this Act.\45\
---------------------------------------------------------------------------
    \45\ Sec. 102(11) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) struck out ``for which a fishery management plan 
prepared under title III or a preliminary fishery management plan 
prepared under section 201(h) has been implemented'' and inserted in 
lieu thereof ``regulated under this Act''.
---------------------------------------------------------------------------
          (43) \46\ The term ``vessel of the United States'' 
        means--
---------------------------------------------------------------------------
    \46\ Sec. 15(a) of Public Law 97-453 (96 Stat. 2492) amended and 
restated para. (43). Sec. 2 of Public Law 100-239 (101 Stat. 1778) 
further amended and restated para. (43).
---------------------------------------------------------------------------
                  (A) any vessel documented under chapter 121 
                of title 46, United States Code;
                  (B) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and measuring less than 5 net tons;
                  (C) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and used exclusively for pleasure; or
                  (D) any vessel not equipped with propulsion 
                machinery of any kind and used exclusively for 
                pleasure.
          (44) \47\ The term ``vessel subject to the 
        jurisdiction of the United States'' has the same 
        meaning such term has in section 3(c) of the Maritime 
        Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
---------------------------------------------------------------------------
    \47\ Sec. 102(12) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) added a new para. (44) and redesignated para. (44) 
as (45).
---------------------------------------------------------------------------
          (45) \48\ The term ``waters of a foreign nation'' 
        means any part of the territorial sea or exclusive 
        economic zone (or the equivalent) of a foreign nation, 
        to the extent such territorial sea or exclusive 
        economic zone is recognized by the United States.
---------------------------------------------------------------------------
    \48\ Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (32), since 
redesignated as para. (45).
---------------------------------------------------------------------------

SEC. 4.\49\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for the purposes of carrying out the provisions of this Act, 
not to exceed the following sums:
---------------------------------------------------------------------------
    \49\ 16 U.S.C. 1803. Sec. 103 of the Sustainable Fisheries Act 
(Public Law 104-297; 110 Stat. 3563) added sec. 4.
---------------------------------------------------------------------------
          (1) $147,000,000 for fiscal year 1996;
          (2) $151,000,000 for fiscal year 1997;
          (3) $155,000,000 for fiscal year 1998; and
          (4) $159,000,000 for fiscal year 1999.

TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
                               RESOURCES

SEC. 101.\50\ UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY 
                    MANAGEMENT AUTHORITY.

    (a) In the Exclusive Economic Zone.--Except as provided in 
section 102, the United States claims, and will exercise in the 
manner provided for in this Act, sovereign rights and exclusive 
fishery management authority over all fish, and all Continental 
Shelf fishery resources, within the exclusive economic zone and 
special areas.\51\
---------------------------------------------------------------------------
    \50\ 16 U.S.C. 1811. Sec. 101(b) of Public Law 99-659 (100 Stat. 
3706) amended and restated sec. 101.
    \51\ Sec. 301(c)(1) of Public Law 102-251 (106 Stat. 62) inserted 
``and special areas'' before the period in subsec. (a).
---------------------------------------------------------------------------
    (b) Beyond the Exclusive Economic Zone.--The United States 
claims, and will exercise in the manner provided for in this 
Act, exclusive fishery management authority over the following:
          (1) All anadromous species throughout the migratory 
        range of each such species beyond the exclusive 
        economic zone; except that that management authority 
        does not extend to any such species during the time 
        they are found within any waters of a foreign 
        nation.\52\
---------------------------------------------------------------------------
    \52\ Sec. 102(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) struck out ``any foreign nation's 
territorial sea or exclusive economic zone (or the equivalent), to the 
extent that that sea or zone is recognized by the United States.'', and 
inserted in lieu thereof ``any waters of a foreign nation.''.
---------------------------------------------------------------------------
          (2) All Continental Shelf fishery resources beyond 
        the exclusive economic zone.
          (3) \53\ all fishery resources in the special areas.
---------------------------------------------------------------------------
    \53\ Sec. 301(c)(2) of Public Law 102-251 (106 Stat. 63) added 
para. (3).
---------------------------------------------------------------------------

SEC. 102.\54\ HIGHLY MIGRATORY SPECIES.

    The United States shall cooperate directly or through 
appropriate international organizations with those nations 
involved in fisheries for highly migratory species with a view 
to ensuring conservation and shall promote the achievement of 
optimum yield \55\ of such species throughout their range, both 
within and beyond the exclusive economic zone.
---------------------------------------------------------------------------
    \54\ 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the 
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 
4439), substantially restated sec. 102. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 102. exclusion for highly migratory species.
---------------------------------------------------------------------------

    ``The sovereign rights and exclusive fishery management authority 
asserted by the United States under section 101 over fish do not 
include, and may not be construed to extend to, highly migratory 
species of fish.''.
    \55\ Sec. 104 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3563) struck out ``promoting the objective of optimum 
utilization'' and inserted in lieu thereof ``shall promote the 
achievement of optimum yield''.
---------------------------------------------------------------------------

SEC. 103.\56\ HIGHLY MIGRATORY SPECIES.

    The exclusive fishery management authority of the United 
States shall not include, nor shall it be construed to extend 
to, highly migratory species of fish.
---------------------------------------------------------------------------
    \56\ 16 U.S.C. 1813.
---------------------------------------------------------------------------

SEC. 104.\57\ EFFECTIVE DATE.

    This title shall take effect March 1, 1977.
---------------------------------------------------------------------------
    \57\ 16 U.S.C. 1811 note.
---------------------------------------------------------------------------

     TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS

SEC. 201.\58\ FOREIGN FISHING.

    (a) In General.--After February 28, 1977, no foreign 
fishing is authorized within the exclusive economic zone,\59\ 
within the special areas,\60\ or for anadromous species or 
Continental Shelf fishery resources beyond such zone or 
areas,\61\ unless such foreign fishing--
---------------------------------------------------------------------------
    \58\ 16 U.S.C. 1821.
    \59\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
    \60\ Sec. 301(d)(1)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``within the special areas,''.
    \61\ Sec. 301(d)(1)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``beyond the exclusive economic zone'' and inserted in lieu thereof 
``beyond such zone or areas''.
---------------------------------------------------------------------------
          (1) \62\ is authorized under subsections (b) or (c) 
        or section 204(e), or under a permit issued under 
        section 204(d);
---------------------------------------------------------------------------
    \62\ Sec. 105(a)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) amended and restated paras. (1) and (2).
---------------------------------------------------------------------------
          (2) \62\ is not prohibited under subsection (f); and
          (3) is conducted under, and in accordance with, a 
        valid and applicable permit issued pursuant to section 
        204.
    (b) Existing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (subject to the 
provisions of section 202 (b) or (c)), if such agreement--
          (1) was in effect on the date of enactment of this 
        Act; and
          (2) has not expired, been renegotiated, or otherwise 
        ceased to be of force and effect with respect to the 
        United States.
    (c) Governing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (other than a treaty) 
which meets the requirements of this subsection if such 
agreement becomes effective after application of section 203. 
Any such international fishery agreement shall hereafter in 
this Act be referred to as a ``governing international fishery 
agreement''. Each governing international fishery agreement 
shall acknowledge the exclusive fishery management authority of 
the United States, as set forth in this Act. It is the sense of 
the Congress that each such agreement shall include a binding 
commitment, on the part of such foreign nation and its fishing 
vessels, to comply with the following terms and conditions:
          (1) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by all regulations promulgated by the 
        Secretary pursuant to this Act, including any 
        regulations promulgated to implement any applicable 
        fishery management plan or any preliminary fishery 
        management plan.
          (2) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by the requirement that--
                  (A) any officer authorized to enforce the 
                provisions of this Act (as provided for in 
                section 311) be permitted--
                          (i) to board, and search or inspect, 
                        any such vessel at any time,
                          (ii) to make arrests and seizures 
                        provided for in section 311(b) whenever 
                        such officer has reasonable cause to 
                        believe, as a result of such a search 
                        or inspection, that any such vessel or 
                        any person has committed an act 
                        prohibited by section 307, and
                          (iii) to examine and make notations 
                        on the permit issued pursuant to 
                        section 204 for such vessel;
                  (B) the permit issued for any such vessel 
                pursuant to section 204 be prominently 
                displayed in the wheelhouse of such vessel;
                  (C) transponders, or such other appropriate 
                position-fixing and identification equipment as 
                the Secretary of the department in which the 
                Coast Guard is operating determines to be 
                appropriate, be installed and maintained in 
                working order on each such vessel;
                  (D)\63\ United States observers required 
                under subsection (h) \64\ be permitted to be 
                stationed aboard any such vessel and that all 
                of the costs incurred incident to such 
                stationing, including the costs of data editing 
                and entry and observer monitoring, be paid for, 
                in accordance with such subsection, by the 
                owner or operator of the vessel;
---------------------------------------------------------------------------
    \63\ Sec. 2(a)(1) of Public Law 97-453 (96 Stat. 2481) amended and 
restated subpara. (D). Subpara. (D) formerly read as follows:
    ``(D) duly authorized United States observers be permitted on board 
any such vessel and that the United States be reimbursed for the cost 
of such observers;''.
    \64\ Sec. 105(a)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) struck out ``(i)'' and inserted in lieu 
thereof ``(h)''.
---------------------------------------------------------------------------
                  (E) any fees required under section 
                204(b)(10) be paid in advance;
                  (F) agents be appointed and maintained within 
                the United States who are authorized to receive 
                and respond to any legal process issued in the 
                United States with respect to such owner or 
                operator; and
                  (G) responsibility be assumed, in accordance 
                with any requirements prescribed by the 
                Secretary, for the reimbursement of United 
                States citizens for any loss of, or damage to, 
                their fishing vessels, fishing gear, or catch 
                which is caused by any fishing vessel of that 
                nation;
        and will abide by any other monitoring, compliance, or 
        enforcement requirement related to fishery conservation 
        and management which is included in such agreement.
          (3) The foreign nation and the owners or operators of 
        all of the fishing vessels of such nation shall not, in 
        any year, harvest an amount of fish which \65\ exceeds 
        such nation's allocation of the total allowable level 
        of foreign fishing, as determined under subsection (e).
---------------------------------------------------------------------------
    \65\ Sec. 4(2) of Public Law 95-354 (92 Stat. 519) inserted 
``harvest an amount of fish which''.
---------------------------------------------------------------------------
          (4) The foreign nation will--
                  (A) apply, pursuant to section 204, for any 
                required permits;
                  (B) deliver promptly to the owner or operator 
                of the appropriate fishing vessel any permit 
                which is issued under that section for such 
                vessel;
                  (C) abide by, and take appropriate steps 
                under its own laws to assure that all such 
                owners and operators comply with, section 
                204(a) and the applicable conditions and 
                restrictions established under section 
                204(b)(7); and
                  (D) \66\ take, or refrain from taking, as 
                appropriate, actions of the kind referred to in 
                subsection (e)(1) in order to receive favorable 
                allocations under such subsection.
---------------------------------------------------------------------------
    \66\ Sec. 2(a)(2) of Public Law 97-453 (96 Stat. 2481) added 
subpara. (D).
---------------------------------------------------------------------------
    (d) \67\ Total Allowable Level of Foreign Fishing.--The 
total allowable level of foreign fishing, if any, with respect 
to any fishery subject to the exclusive fishery management 
authority of the United States, shall be that portion of the 
optimum yield of such fishery which will not be harvested by 
vessels of the United States, as determined in accordance with 
this Act.
---------------------------------------------------------------------------
    \67\ The text of subsec. (d) was restored to the original by sec. 
104 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 
104 Stat. 4439). Previously, sec. 230 of Public Law 96-561 amended and 
restated subsec. (d) to read as follows:
    ``(d) Total Allowable Level of Foreign Fishing.--(1) As used in 
this subsection--
---------------------------------------------------------------------------

  ``(A) The term `base harvest' means, with respect to any United States 
fishery, the total allowable level of foreign fishing during the 1979 
harvesting season.

  ``(B) The term `harvesting season' means the period established under 
this Act by the Secretary during which foreign fishing is permitted within 
a United States fishery. For purposes of this subsection, a harvesting 
season is designated by the calendar year in which the last day of the 
harvesting season occurs, regardless whether fishing is not permitted on 
that day due to emergency or other closure of the fishery.

  ``(C) The term `calculation factor' means, with respect to each United 
States fishery, 15 percent of the base harvest.

  ``(D) The term `reduction factor amount' means, with respect to each 
United States fishery, for any harvesting season after the 1980 harvesting 
season--

  ``(i) an amount equal to 15 percent of the base harvest for that fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated preceding harvesting season for the fishery, such vessels 
harvest, in one or more harvesting season, not less than 75 percent of the 
calculation factor;

  ``(ii) an amount equal to 10 percent of the base harvest for the fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated preceding harvesting season for the fishery, such vessels 
harvest, in one or more harvesting seasons, not less than 50 percent, but 
less than 75 percent, of the calculation factor; or

  ``(iii) an amount equal to 5 percent of the base harvest for the fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated previous harvesting season for the fishery, such vessels 
harvest, in one or more harvesting seasons, not less than 25 percent, but 
less than 50 percent, of the calculation factor.

``For purposes of this paragraph, the term `designated preceding harvest 
season' means--

  ``(I) until a reduction factor amount is first achieved under this 
paragraph with respect to the fishery concerned, the 1979 harvesting 
season, and

  ``(II) after such amount is first achieved, the most recent harvesting 
season in which a reduction factor amount was achieved.

  ``(E) The term `annual fishing level' for any United States fishery 
during any harvesting season after the 1980 harvesting season is the base 
harvest for the fishery reduced by--

  ``(i) an amount equal to the reduction factor amount for that harvesting 
season; and

  ``(ii) an amount equal to the increased level of harvest by vessels of 
the United States over the level achieved by such vessels in the 1979 
harvesting season for the fishery.

  ``(F) The term `United States fishery' means any fishery subject to the 
exclusive fishery management authority of the United States.
---------------------------------------------------------------------------

    ``(2) The total allowable level of foreign fishing, if any, with 
respect to any United States fishery for each harvesting season after 
the 1980 harvesting season shall be--
---------------------------------------------------------------------------

  ``(A) the level representing that portion of the optimum yield of such 
fishery that will not be harvested by vessels of the United States as 
determined in accordance with the provisions of this Act (other than those 
relating to the determination of annual fishing levels), or

  ``(B) the annual fishing level determined pursuant to paragraph (3) for 
the harvesting season.
---------------------------------------------------------------------------

    ``(3) For each United States fishery, the appropriate fishery 
management council, on a timely basis, may determine and certify to the 
Secretary of State and the Secretary the annual fishing level for that 
fishery for each harvesting season after the 1980 harvesting season.
    ``(4) If with respect to any harvesting season for any United 
States fishery for which the total allowable level of foreign fishing 
is determined under paragraph (2)(B), the Secretary, in consultation 
with the Secretary of State, approves the determination by any 
appropriate fishery management council that any portion of the optimum 
yield for that harvesting season will not be harvested by vessels of 
the United States, the Secretary of State, in accordance with 
subsection (e), may allocate such portion for use during that 
harvesting season by foreign fishing vessels; except that if--
---------------------------------------------------------------------------

  ``(A) the making available of such portion (or any part thereof) during 
that harvesting season is determined to be detrimental to the development 
of the United States fishing industry; and

  ``(B) such portion or part will be available for harvest in the 
immediately succeeding harvesting season, as determined on the basis of the 
best available scientific information;

then such portion or part may be allocated for use by foreign fishing 
vessels in such succeeding harvesting season. The determinations required 
to be made under subparagraphs (A) and (B) of the preceding sentence shall 
be made by the Secretary in consultation with the Secretary of State and on 
the basis of any recommendation of any appropriate fishery management 
council.''.

    (e) Allocation of Allowable Level.--(1) \68\ (A) The 
Secretary of State, in cooperation with the Secretary, may make 
allocations to foreign nations from \69\ the total allowable 
level of foreign fishing which is permitted with respect to 
each fishery subject to the exclusive fishery management 
authority of the United States.
---------------------------------------------------------------------------
    \68\ Sec. 2(a)(4) of Public Law 97-453 (96 Stat. 2481) amended and 
restated para. (1). Previously, sec. 3 of Public Law 96-61 (93 Stat. 
407) amended subsec. (e) by designating the existing text as para. (1) 
and adding a new para. (2). In addition, sec. 231 of Public Law 96-561 
(94 Stat. 3297) amended and restated the last sentence of para. (1), 
effective for the 1981 harvesting season and harvesting seasons 
thereafter.
    \69\ Sec. 404(2)(A) of Public Law 98-623 (98 Stat. 3408) struck out 
``shall determine the allocation among foreign nations of'' and 
inserted in lieu thereof ``may make allocations to foreign nations 
from''.
---------------------------------------------------------------------------
    (B) From the determinations made under subparagraph (A), 
the Secretary of State shall compute the aggregate of all of 
the fishery allocations made of each foreign nation.
    (C) The Secretary of State shall initially release to each 
foreign nation for harvesting up to 50 percent of the 
allocations aggregate computed for such nation under 
subparagraph (B), and such release of allocation shall be 
apportioned by the Secretary of State, in cooperation with the 
Secretary, among the individual fishery allocations determined 
for that nation under subparagraph (A). The basis on which each 
apportionment is made under this subparagraph shall be stated 
in writing by the Secretary of State.
    (D) After the initial release of fishery allocations under 
subparagraph (C) to a foreign nation, any subsequent release of 
an allocation for any fishery to such nation shall only be 
made--
          (i) after the lapse of such period of time as may be 
        sufficient for purposes of making the determination 
        required under clause (ii); and
          (ii) if the Secretary of State and the Secretary, 
        after taking into account the size of the allocation 
        for such fishery and the length and timing of the 
        fishing season, determine in writing that such nation 
        is complying with the purposes and intent of this 
        paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be 
in such compliance, the Secretary of State shall reduce, in a 
manner and quantity he considers to be appropriate (I) the 
remainder of such allocation, or (II) if all of such allocation 
has been released, the next allocation of such fishery, if any, 
made to such nation.
    (E) The determinations required to be made under 
subparagraphs (A) and (D)(ii), and the apportionments required 
to be made under subparagraph (C), with respect to a foreign 
nation shall be based on--
          (i) whether, and to what extent, such nation imposes 
        tariff barriers or nontariff barriers on the 
        importation, or otherwise restricts the market access, 
        of both \70\ United States fish and \70\ fishery 
        products, particularly fish and fishery products for 
        which the foreign nation has requested as allocation; 
        \70\
---------------------------------------------------------------------------
    \70\ Sec. 404(2)(B) of Public Law 98-623 (98 Stat. 3408) amended 
clause (i) by inserting ``both'', by striking out ``or'' and inserting 
in lieu thereof ``and'', and by adding the final phrase beginning with 
the words ``, particularly fish and fishery products''.
---------------------------------------------------------------------------
          (ii) \71\ whether, and to what extent, such nation is 
        cooperating with the United States in both the 
        advancement of existing and new opportunities for 
        fishery exports from the United States through the 
        purchase of fishery products from United States 
        processors, and the advancement of fisheries trade 
        through the purchase of fish and fishery products from 
        United States fishermen, particularly fish and fishery 
        products for which the foreign nation has requested an 
        allocation;
---------------------------------------------------------------------------
    \71\ Sec. 404(2)(C) of Public Law 98-623 (98 Stat. 3408) amended 
and restated clause (ii). It previously read as follows:
    ``(ii) Whether, and to what extent, such nation is cooperating with 
the United States in the advancement of existing and new opportunities 
for fisheries trade, particularly through the purchase of fish or 
fishery products from United States processors or from United States 
fishermen;''.
---------------------------------------------------------------------------
          (iii) whether, and to what extent, such nation and 
        the fishing fleets of such nation have cooperated with 
        the United States in the enforcement of United States 
        fishing regulations;
          (iv) whether, and to what extent, such nation 
        requires the fish harvested from the exclusive economic 
        zone \59\ or special areas \72\ for its domestic 
        consumption;
---------------------------------------------------------------------------
    \72\ Sec. 301(d)(2) of Public Law 102-251 (106 Stat. 63) inserted 
``or special areas''.
---------------------------------------------------------------------------
          (v) whether, and to what extent, such nation 
        otherwise contributes to, or fosters the growth of, a 
        sound and economic United States fishing industry, 
        including minimizing gear conflicts with fishing 
        operations of United States fishermen, and transferring 
        harvesting or processing technology which will benefit 
        the United States fishing industry;
          (vi) whether, and to what extent, the fishing vessels 
        of such nation have traditionally engaged in fishing in 
        such fishery;
          (vii) whether, and to what extent, such nation is 
        cooperating with the United States in, and making 
        substantial contributions to, fishery research and the 
        identification of fishery resources; and
          (viii) such other matters as the Secretary of State, 
        in cooperation with the Secretary, deems appropriate.
    (2) \73\ (A) For the purposes of this paragraph--
---------------------------------------------------------------------------
    \73\ Sec. 3 of Public Law 96-61 (93 Stat. 407) added para. (2).
---------------------------------------------------------------------------
          (i) The term ``certification'' means a certification 
        made by the Secretary that nationals of a foreign 
        country, directly or indirectly, are conducting fishing 
        operations or engaging in trade or taking which 
        diminishes the effectiveness of the International 
        Convention for the Regulation of Whaling. A 
        certification under this section shall also be deemed a 
        certification for the purposes of section 8(a) of the 
        Fisherman's Protective Act of 1967 (22 U.S.C. 1978(a)).
          (ii) The term ``remedial period'' means the 365-day 
        period beginning on the date on which a certification 
        is issued with respect to a foreign country.
    (B) If the Secretary issues a certification with respect to 
any foreign country, then each allocation under paragraph (1) 
that--
          (i) is in effect for that foreign country on the date 
        of issuance; or
          (ii) is not in effect on such date but would, without 
        regard to this paragraph, be made to the foreign 
        country within the remedial period;
shall be reduced by the Secretary of State, in consultation 
with the Secretary, by not less than 50 percent.
    (C) The following apply for purposes of administering 
subparagraph (B) with respect to any foreign country:
          (i) If on the date of certification, the foreign 
        country has harvested a portion, but not all, of the 
        quantity of fish specified under any allocation, the 
        reduction under subparagraph (B) for that allocation 
        shall be applied with respect to the quantity not 
        harvested as of such date.
          (ii) If the Secretary notified the Secretary of State 
        that it is not likely that the certification of a 
        foreign country will be terminated under section 8(d) 
        of the Fishermen's Protective Act of 1967 before the 
        close of the period for which an allocation is 
        applicable or before the close of the remedial period 
        (whichever close first occurs) the Secretary of State, 
        in consultation with the Secretary, shall reallocate 
        any portion of any reduction made under subparagraph 
        (B) among one or more foreign countries for which no 
        certification is in effect.
          (iii) If the certification is terminated under such 
        section 8(d) during the remedial period, the Secretary 
        of State shall return to the foreign country that 
        portion of any allocation reduced under subparagraph 
        (B) that was not reallocated under clause (ii); unless 
        the harvesting of the fish covered by the allocation is 
        otherwise prohibited under this Act.
          (iv) The Secretary may refund or credit, by reason of 
        reduction of any allocation under this paragraph, any 
        fee paid under section 204.
    (D) If the certification of a foreign country is not 
terminated under section 8(d) of the Fishermen's Protective Act 
of 1967 before the close of the last day of the remedial 
period, the Secretary of State--
          (i) with respect to any allocation made to that 
        country and in effect (as reduced under subparagraph 
        (B)) on such last day, shall rescind, effective on and 
        after the day after such last day, any unharvested 
        portion of such allocation; and
          (ii) may not thereafter make any allocation to that 
        country under paragraph (1) until the certification is 
        terminated.
    (f) \74\ Reciprocity.--Foreign fishing shall not be 
authorized for the fishing vessels of any foreign nation unless 
such nation satisfies the Secretary and the Secretary of State 
that such nation extends substantially the same fishing 
privileges to fishing vessels of the United States, if any, as 
the United States extends to foreign fishing vessels.
---------------------------------------------------------------------------
    \74\ Sec. 4(3) of Public Law 95-354 (Stat. 519) redesignated 
subsecs. (f) and (g) as (g) and (h), respectively, and added a new 
subsec. (f), requiring an annual report from the Secretary of the 
Treasury on allocations made to foreign nations. Subsec. (f) was 
subsequently repealed by sec. 139(24) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 399). Sec. 105(a)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) repealed subsec. (f) again, and sec. 105(a)(4) 
of that Act redesignated subsecs. (g) through (j) as subsecs. (f) 
through (i).
---------------------------------------------------------------------------
    (g) \74\ Preliminary Fishery Management Plans.--The 
Secretary, when notified by the Secretary of State that any 
foreign nation has submitted an application under section 
204(b), shall prepare a preliminary fishery management plan for 
any fishery covered by such application if the Secretary 
determines that no fishery management plan for that fishery 
will be prepared and implemented, pursuant to title III, before 
March 1, 1977. To the extent practicable, each such plan--
          (1) \75\ shall contain a preliminary description of 
        the fishery and a preliminary determination as to--
---------------------------------------------------------------------------
    \75\ Sec. 4(4) of Public Law 95-354 amended para. (1) by 
effectively adding the text of subpara. (B).
---------------------------------------------------------------------------
                  (A) the optimum yield from such fishery;
                  (B) when appropriate, the capacity and extent 
                to which United States fish processors will 
                process that portion of such optimum yield that 
                will be harvested by vessels of the United 
                States; and
                  (C) the total allowable level of foreign 
                fishing with respect to such fishery;
          (2) shall require each foreign fishing vessel engaged 
        or wishing to engage in such fishery to obtain a permit 
        from the Secretary;
          (3) shall require the submission of pertinent data to 
        the Secretary, with respect to such fishery, as 
        described in section 303(a)(5); and
          (4) may, to the extent necessary to prevent 
        irreversible effects from overfishing, with respect to 
        such fishery, contain conservation and management 
        measures applicable to foreign fishing which--
                  (A) are determined to be necessary and 
                appropriate for the conservation and management 
                of such fishery,
                  (B) are consistent with the national 
                standards, the other provisions of this Act, 
                and other applicable law, and
                  (C) are described in section 303(b) (2), (3), 
                (4), (5), and (7).
Each preliminary fishery management plan shall be in effect 
with respect to foreign fishing for which permits have been 
issued until a fishery management plan is prepared and 
implemented, pursuant to title III, with respect to such 
fishery. The Secretary may in accordance with section 553 of 
title 5, United States Code, also prepare and promulgate 
interim regulations with respect to any such preliminary plan. 
Such regulations shall be in effect until regulations 
implementing the applicable fishery management plan are 
promulgated pursuant to section 305.
    (h) \74\, \76\ Full Observer Coverage Program.--
(1)(A) Except as provided in paragraph (2), the Secretary shall 
establish a program under which a United States observer will 
be stationed aboard each foreign fishing vessel while that 
vessel is engaged in fishing within the exclusive economic zone 
\59\ or special areas.\77\
---------------------------------------------------------------------------
    \76\ Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec. 
(i). Sec. 237 of the same Act stated that subsec. (i) shall take effect 
on October 1, 1981, and shall apply to permits issued under sec. 204 of 
this Act after December 31, 1981.
    \77\ Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted 
``or special areas''.
---------------------------------------------------------------------------
    (B) \78\ The Secretary shall by regulation prescribe 
minimum health and safety standards that shall be maintained 
aboard each foreign fishing vessel with regard to the 
facilities provided for the quartering of, and the carrying out 
of observer functions by, United States observers.
---------------------------------------------------------------------------
    \78\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added 
subpara. (B).
---------------------------------------------------------------------------
    (2) The requirement in paragraph (1) that a United States 
observer be placed aboard each foreign fishing vessel may be 
waived by the Secretary if he finds that--
          (A) in a situation where a fleet of harvesting 
        vessels transfers its catch taken within the exclusive 
        economic zone \79\ or special areas \77\ to another 
        vessel, aboard which is a United States observer, the 
        stationing of United States observers on only a portion 
        of the harvesting vessel fleet will provide a 
        representative sampling of the by-catch of the fleet 
        that is sufficient for purposes of determining whether 
        the requirements of the applicable management plans for 
        the by-catch species are being complied with;
---------------------------------------------------------------------------
    \79\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
---------------------------------------------------------------------------
          (B) \80\ in a situation where the foreign fishing 
        vessel is operating under a Pacific Insular Area 
        fishing agreement, the Governor of the applicable 
        Pacific Insular Area, in consultation with the Western 
        Pacific Council, has established an observer coverage 
        program that is at least equal in effectiveness to the 
        program established by the Secretary;
---------------------------------------------------------------------------
    \80\ Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as 
subparas. (C) and (D), and added a new subpara. (B).
---------------------------------------------------------------------------
          (C) \81\ the time during which a foreign fishing 
        vessel will engage in fishing within the exclusive 
        economic zone or special areas \77\ will be of such 
        short duration that the placing of a United States 
        observer aboard the vessel would be impractical; or
---------------------------------------------------------------------------
    \81\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added 
subpara. (C) as subpara. (B). Sec. 105(a)(5) of the Sustainable 
Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated 
subpara. (B) as subpara. (C).
---------------------------------------------------------------------------
          (D) \80\ for reasons beyond the control of the 
        Secretary, an observer is not available.
    (3) \82\ Observers, while stationed aboard foreign fishing 
vessels, shall carry out such scientific, compliance 
monitoring, and other functions as the Secretary deems 
necessary or appropriate to carry out the purposes of this Act; 
and shall cooperate in carrying out such other scientific 
programs relating to the conservation and management of living 
resources as the Secretary deems appropriate.
---------------------------------------------------------------------------
    \82\ Sec. 2(a)(5)(A)(i) of Public Law 97-453 (96 Stat. 2482) 
amended and restated para. (3). It formally read as follows:
    ``(3) United States observers, while aboard foreign fishing 
vessels, shall carry out such scientific and other functions as the 
Secretary deems necessary or appropriate to carry out the purposes of 
this Act.''.
---------------------------------------------------------------------------
    (4) In addition to any fee imposed under section 204(b)(10) 
of this Act and section 10(e) of the Fishermen's Protective Act 
of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for 
any year after 1980, the Secretary shall impose, with respect 
to each foreign fishing vessel for which a permit is issued 
under such section 204, a surcharge in an amount sufficient to 
cover all the costs of providing a United States observer 
aboard that vessel. The failure to pay any surcharge imposed 
under this paragraph shall be treated by the Secretary as a 
failure to pay the permit fee for such vessel under section 
204(b)(10). All surcharges collected by the Secretary under 
this paragraph shall be deposited in the Foreign Fishing 
Observer Fund established by paragraph (5).\83\
---------------------------------------------------------------------------
    \83\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2003 (Division B of 
sec. 3 of Public Law 108-7; 117 Stat. 7), provided:
---------------------------------------------------------------------------

``foreign fishing observer fund
---------------------------------------------------------------------------

    ``For expenses necessary to carry out the provisions of the 
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), 
the Magnuson-Stevens Fishery Conservation and Management Act of 1976, 
as amended (Public Law 100-627), the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $1,000, to remain available until expended.''.
---------------------------------------------------------------------------
    (5) There is established in the Treasury of the United 
States the Foreign Fishing Observer Fund. The Fund shall be 
available to the Secretary as a revolving fund for the purpose 
of carrying out this subsection. The Fund shall consist of the 
surcharges deposited into it as required under paragraph (4). 
All payments made by the Secretary to carry out this subsection 
shall be paid from the Fund, only to the extent and in the 
amounts provided for in advance in appropriation Acts. Sums in 
the Fund which are not currently needed for the purposes of 
this subsection shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
    (6) \84\ If at any time the requirement set forth in 
paragraph (1) cannot be- met because of insufficient 
appropriations, the Secretary shall, in implementing a 
supplementary observer program:
---------------------------------------------------------------------------
    \84\ Sec. 2(a)(5)(A)(ii) of Public Law 97-453 (96 Stat. 2482) added 
para. (6), effective January 1, 1984.
---------------------------------------------------------------------------
          (A) certify as observers, for the purposes of this 
        subsection, individuals who are citizens or nationals 
        of the United States and who have the requisite 
        education or experience to carry out the functions 
        referred to in paragraph (3);
          (B) establish standards of conduct for certified 
        observers equivalent to those applicable to Federal 
        personnel;
          (C) establish a reasonable schedule of fees that 
        certified observers or their agents shall be paid by 
        the owners and operators of foreign fishing vessels for 
        observer services; and
          (D) monitor the performance of observers to ensure 
        that it meets the purposes of this Act.
    (i) \74\, \85\ Recreational Fishing.--
Notwithstanding any other provision of this title, foreign 
fishing vessels which are not operated for profit may engage in 
recreational fishing within the exclusive economic zone \86\ or 
special areas \87\ and the waters within the boundaries of a 
State subject to obtaining such permits, paying such reasonable 
fees, and complying with such conditions and restrictions as 
the Secretary and the Governor of the State (or his designee) 
shall impose as being necessary or appropriate to insure that 
the fishing activity of such foreign vessels within such zone, 
areas,\88\ or waters, respectively, is consistent with all 
applicable Federal and State laws and any applicable fishery 
management plan implemented under section 304.\89\ The 
Secretary shall consult with the Secretary of State and the 
Secretary of the Department in which the Coast Guard is 
operating in formulating the conditions and restrictions to be 
applied by the Secretary under the authority of this 
subsection.
---------------------------------------------------------------------------
    \85\ Sec. 2(a)(6) of Public Law 97-453 (96 Stat. 2483) added 
subsec. (j), since redesignated as subsec. (i).
    \86\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
    \87\ Sec. 301(d)(4)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas''.
    \88\ Sec. 301(d)(4)(B) of Public Law 102-251 (106 Stat. 63) 
inserted ``, areas'' after ``such zone''.
    \89\ Sec. 105(a)(6) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``305'' and inserted in lieu 
thereof ``304''.
---------------------------------------------------------------------------

SEC. 202.\90\ INTERNATIONAL FISHERY AGREEMENTS.

    (a) Negotiations.--The Secretary of State--
---------------------------------------------------------------------------
    \90\ 16 U.S.C. 1822. See also sec. 801 of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627).
---------------------------------------------------------------------------
          (1) shall renegotiate treaties as provided for in 
        subsection (b);
          (2) shall negotiate governing international fishery 
        agreements described in section 201(c);
          (3) may negotiate boundary agreements as provided for 
        in subsection (d);
          (4) shall, upon the request of and in cooperation 
        with the Secretary, initiate and conduct negotiations 
        for the purpose of entering into international fishery 
        agreements--
                  (A) which allow fishing vessels of the United 
                States equitable access to fish over which 
                foreign nations assert exclusive fishery 
                management authority, and
                  (B) which provide for the conservation and 
                management of anadromous species and highly 
                migratory species; and
          (5) may enter into such other negotiations, not 
        prohibited by subsection (c), as may be necessary and 
        appropriate to further the purposes, policy, and 
        provisions of this Act.
    (b) Treaty Renegotiation.--The Secretary of State, in 
cooperation with the Secretary, shall initiate, promptly after 
the date of enactment of this Act, the renegotiation of any 
treaty which pertains to fishing within the exclusive economic 
zone \86\ (or within the area that will constitute such zone 
after February 28, 1977) or special areas,\91\ or for 
anadromous species or Continental Shelf fishery resources 
beyond such zone or areas,\92\ and which is in any manner 
inconsistent with the purposes, policy, or provisions of this 
Act, in order to conform such treaty to such purposes, policy, 
and provisions. It is the sense of Congress that the United 
States shall withdraw from any such treaty, in accordance with 
its provisions, if such treaty is not so renegotiated within a 
reasonable period of time after such date of enactment.
---------------------------------------------------------------------------
    \91\ Sec. 301(e)(1)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas'' after ``February 28, 1977)''.
    \92\ Sec. 301(e)(1)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``such zone or area'' and inserted in lieu thereof ``such zone or 
areas'' .
---------------------------------------------------------------------------
    (c) International Fishery Agreements.--No international 
fishery agreement (other than a treaty) which pertains to 
foreign fishing within the exclusive economic zone \86\ (or 
within the area that will constitute such zone after February 
28, 1977) or special areas,\93\ or for anadromous species or 
Continental Shelf fishery resources beyond such zone or areas--
\94\
---------------------------------------------------------------------------
    \93\ Sec. 301(e)(2)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas''.
    \94\ Sec. 301(e)(2)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``such zone or area'' and inserted in lieu thereof ``such zone or 
areas''.
---------------------------------------------------------------------------
          (1) which is in effect on June 1, 1976, may 
        thereafter be renewed, extended, or amended; or
          (2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the 
provisions of section 201(c) or section 204(e).\95\
---------------------------------------------------------------------------
    \95\ Sec. 105(b)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) inserted ``or section 204(e)''.
---------------------------------------------------------------------------
    (d) Boundary Negotiations.--The Secretary of State, in 
cooperation with the Secretary, may initiate and conduct 
negotiations with any adjacent or opposite foreign nation to 
establish the boundaries of the exclusive economic zone \86\ of 
the United States in relation to any such nation.
    (e) \96\ Highly Migratory Species Agreements.--
---------------------------------------------------------------------------
    \96\ Sec. 105(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4439) redesignated subsec. (e) as (f) 
and added a new (e).
---------------------------------------------------------------------------
          (1) Evaluation.--The Secretary of State, in 
        cooperation with the Secretary, shall evaluate the 
        effectiveness of each existing international fishery 
        agreement which pertains to fishing for highly 
        migratory species. Such evaluation shall consider 
        whether the agreement provides for--
                  (A) the collection and analysis of necessary 
                information for effectively managing the 
                fishery, including but not limited to 
                information about the number of vessels 
                involved, the type and quantity of fishing gear 
                used, the species of fish involved and their 
                location, the catch and bycatch levels in the 
                fishery, and the present and probable future 
                condition of any stock of fish involved.
                  (B) the establishment of measures applicable 
                to the fishery which are necessary and 
                appropriate for the conservation and management 
                of the fishery resource involved;
                  (C) equitable arrangements which provide 
                fishing vessels of the United States with (i) 
                access to the highly migratory species that are 
                the subject of the agreement and (ii) a portion 
                of the allowable catch that reflects the 
                traditional participation by such vessels in 
                the fishery;
                  (D) effective enforcement of conservation and 
                management measures and access arrangements 
                throughout the area of jurisdiction; and
                  (E) sufficient and dependable funding to 
                implement the provisions of the agreement, 
                based on reasonable assessments of the benefits 
                derived by participating nations.
          (2) Access negotiations.--The Secretary of State, in 
        cooperation with the Secretary, shall initiate 
        negotiations with respect to obtaining access for 
        vessels of the United States fishing for tuna species 
        within the exclusive economic zones of other nations on 
        reasonable terms and conditions.
          (3) Reports.--The Secretary of State shall report to 
        the Congress--
                  (A) within 12 months after the date of 
                enactment of this subsection, on the results of 
                the evaluation required under paragraph (1). 
                together with recommendations for addressing 
                any inadequacies identified; and
                  (B) within six months after such date of 
                enactment, on the results of the access 
                negotiations required under paragraph (2).
          (4) Negotiation.--The Secretary of State, in 
        consultation with the Secretary, shall undertake such 
        negotiations with respect to international fishery 
        agreements on highly migratory species as are necessary 
        to correct inadequacies identified as a result of the 
        evaluation conducted under paragraph (1).
          (5) South pacific tuna treaty.--It is the sense of 
        the Congress that the United States Government shall, 
        at the earliest opportunity, begin negotiations for the 
        purpose of extending the Treaty on Fisheries Between 
        the Governments of Certain Pacific Island States and 
        the Government of the United States of America, signed 
        at Port Moresby, Papua New Guinea, April 2, 1987, and 
        it \97\ Annexes, Schedules, and implementing agreements 
        for an additional term of 10 years on terms and 
        conditions at least as favorable to vessels of the 
        United States and the United States Government.
---------------------------------------------------------------------------
    \97\ So in original. Should read ``its''.
---------------------------------------------------------------------------
    (f) \96\ Nonrecognition.--It is the sense of the Congress 
that the United States Government shall not recognize the claim 
of any foreign nation to an exclusive economic zone 
\86\, \98\ (or the equivalent) beyond such nation's 
territorial sea, to the extent that such sea is recognized by 
the United States, if such nation--
---------------------------------------------------------------------------
    \98\ Sec. 120(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) struck out ``a exclusive economic 
zone'' and inserted in lieu thereof ``an exclusive economic zone''.
---------------------------------------------------------------------------
          (1) fails to consider and take into account 
        traditional fishing activity of fishing vessels of the 
        United States;
          (2) fails to recognize and accept that highly 
        migratory species are to be managed by applicable 
        international fishery agreements, whether or not such 
        nation is a party to any such agreement; or
          (3) imposes on fishing vessels of the United States 
        any conditions or restrictions which are unrelated to 
        fishery conservation and management.
    (g) \99\ Fishery Agreement With Union of Soviet Socialist 
Republics.--(1) The Secretary of State, in consultation with 
the Secretary, is authorized to negotiate and conclude a 
fishery agreement with Russia of a duration of no more than 3 
years, pursuant to which--
---------------------------------------------------------------------------
    \99\ Sec. 301(e)(3) of Public Law 102-251 (106 Stat. 63) added 
subsec. (g).
---------------------------------------------------------------------------
          (A) Russia will give United States fishing vessels 
        the opportunity to conduct traditional fisheries within 
        waters claimed by the United States prior to the 
        conclusion of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990, west of 
        the maritime boundary, including the western special 
        area described in Article 3(2) of the Agreement;
          (B) the United States will give fishing vessels of 
        Russia the opportunity to conduct traditional fisheries 
        within waters claimed by the Union of Soviet Socialist 
        Republics prior to the conclusion of the Agreement 
        referred to in subparagraph (A), east of the maritime 
        boundary, including the eastern special areas described 
        in Article 3(1) of the Agreement;
          (C) catch data shall be made available to the 
        government of the country exercising fisheries 
        jurisdiction over the eaters in which the catch 
        occurred; and
          (D) each country shall have the right to place 
        observers on board vessels of the other country and to 
        board and inspect such vessels.
    (2) Vessels operating under a fishery agreement negotiated 
and concluded pursuant to paragraph (1) shall be subject to 
regulations and permit requirements of the country in whose 
waters the fisheries are conducted only to the extent such 
regulations and permit requirements are specified in that 
agreement.
    (3) The Secretary of Commerce may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the provisions of 
any fishery agreement negotiated and concluded pursuant to 
paragraph (1).
    (h) \100\ Bycatch Reduction Agreements.--
---------------------------------------------------------------------------
    \100\ Sec. 105(b)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) added subsec. (h).
---------------------------------------------------------------------------
          (1) The Secretary of State, in cooperation with the 
        Secretary, shall seek to secure an international 
        agreement to establish standards and measures for 
        bycatch reduction that are comparable to the standards 
        and measures applicable to United States fishermen for 
        such purposes in any fishery regulated pursuant to this 
        Act for which the Secretary, in consultation with the 
        Secretary of State, determines that such an 
        international agreement is necessary and appropriate.
          (2) An international agreement negotiated under this 
        subsection shall be--
                  (A) consistent with the policies and purposes 
                of this Act; and
                  (B) subject to approval by Congress under 
                section 203.
          (3) Not later than January 1, 1997, and annually 
        thereafter, the Secretary, in consultation with the 
        Secretary of State, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Resources of the House of 
        Representatives a report describing actions taken under 
        this subsection.

SEC. 203.\101\ CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY 
                    AGREEMENTS.

    (a) In General.--No governing international fishery 
agreement, bycatch reduction agreement, or Pacific Insular Area 
fishery agreement \102\ shall become effective with respect to 
the United States before the close of the first 120 days 
(excluding any days in a period for which the Congress is 
adjourned sine die) \103\ after the date on which the President 
transmits to the House of Representatives and to the Senate a 
document setting forth the text of such governing international 
fishery agreement, bycatch reduction agreement, or Pacific 
Insular Area fishery agreement.\102\ A copy of the document 
shall be delivered to each House of Congress on the same day 
and shall be delivered to the Clerk of the House of 
Representatives, if the House is not in session, and to the 
Secretary of the Senate, if the Senate is not in session.
---------------------------------------------------------------------------
    \101\ 16 U.S.C. 1823. Sec. 105(c)(1) of the Sustainable Fisheries 
Act (Public Law 104-297; 110 Stat. 3564) struck out ``GOVERNING'' in 
the section catchline. See related Public Laws beginning at page 113.
    Sec. 101 of Public Law 105-384 (112 Stat. 3451) provided the 
following:
    ``Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the United 
States of America and the Government of the Republic of Poland, as 
contained in the message to Congress from the President of the United 
States dated February 5, 1998, is approved as a governing international 
fishery agreement for the purposes of such Act and shall enter into 
force and effect with respect to the United States on the date of the 
enactment of this Act.''.
    \102\ Sec. 105(c)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``agreement'' each place it 
appeared in subsec. (a) and inserted in lieu thereof ``agreement, 
bycatch reduction agreement, or Pacific Insular Area fishery 
agreement''.
    \103\ Sec. 105(c)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``60 calendar days of continuous 
session of the Congress'' and inserted in lieu thereof ``120 days 
(excluding any days in a period for which the Congress is adjourned 
sine die)''.
---------------------------------------------------------------------------
    (b) Referral to Committees.--Any document described in 
subsection (a) shall be immediately referred in the House of 
Representatives to the Committee on Merchant Marine and 
Fisheries,\104\ and in the Senate to the Committees on 
Commerce, Science, and Transportation and on \105\ Foreign 
Relations.
---------------------------------------------------------------------------
    \104\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Merchant Marine and Fisheries of 
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).
---------------------------------------------------------------------------

    \105\ Sec. 6(x)(1) of Public Law 103-437 (108 Stat. 4587) struck 
out ``Commerce and'' and inserted in lieu thereof ``Commerce, Science, 
and Transportation and on''.
---------------------------------------------------------------------------
    (c) \106\ Congressional Procedures.--
---------------------------------------------------------------------------
    \106\ Sec. 105(c)(4) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out subsec. (c), which had provided for 
the calculation of the 60-day period. Sec. 105(c)(5) of that Act 
further redesignated subsec. (d) as subsec. (c).
---------------------------------------------------------------------------
          (1) Rules of the house of representatives and 
        senate.--The provisions of this section are enacted by 
        the Congress--
                  (A) as an exercise of the rulemaking power of 
                the House of Representatives and the Senate, 
                respectively, and they are deemed a part of the 
                rules of each House, respectively, but 
                applicable only with respect to the procedure 
                to be followed in that House in the case of 
                fishery agreement resolutions described in 
                paragraph (2), and they supersede other rules 
                only to the extent that they are inconsistent 
                therewith; and
                  (B) with full recognition of the 
                constitutional right of either House to change 
                the rules (so far as they relate to the 
                procedure of that House) at any time, and in 
                the same manner and to the same extent as in 
                the case of any other rule of that House.
          (2) Definition.--For purposes of this subsection, the 
        term ``fishery agreement resolution'' refers to a joint 
        resolution of either House of Congress--
                  (A) the effect of which is to prohibit the 
                entering into force and effect of any governing 
                international fishery agreement, bycatch 
                reduction agreement, or Pacific Insular Area 
                fishery agreement \107\ the text of which is 
                transmitted to the Congress pursuant to 
                subsection (a); and
---------------------------------------------------------------------------
    \107\ Sec. 105(c)(6) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``agreement'' and inserted in lieu 
thereof ``agreement, bycatch reduction agreement, or Pacific Insular 
Area fishery agreement''.
---------------------------------------------------------------------------
                  (B) which is reported from the Committee on 
                Merchant Marine and Fisheries of the House of 
                Representatives \104\ or the Committee on 
                Commerce, Science, and Transportation \108\ or 
                the Committee on Foreign Relations of the 
                Senate, not later than 45 days after the date 
                on which the document described in subsection 
                (a) relating to that agreement is transmitted 
                to the Congress.
---------------------------------------------------------------------------
    \108\ Sec. 6(x)(2) of Public Law 103-437 (108 Stat. 4587) struck 
out ``Commerce'' and inserted in lieu thereof ``Commerce, Science, and 
Transportation''.
---------------------------------------------------------------------------
          (3) Placement on calendar.--Any fishery agreement 
        resolution upon being reported shall immediately be 
        placed on the appropriate calendar.
          (4) Floor consideration in the house.--
                  (A) A motion in the House of Representatives 
                to proceed to the consideration of any fishery 
                agreement resolution shall be highly privileged 
                and not debatable. An amendment to the motion 
                shall not be in order, nor shall it be in order 
                to move to reconsider the vote by which the 
                motion is agreed to or disagreed to.
                  (B) Debate in the House of Representatives on 
                any fishery agreement resolution shall be 
                limited to not more than 10 hours, which shall 
                be divided equally between those favoring and 
                those opposing the resolution. A motion further 
                to limit debate shall not be debatable. It 
                shall not be in order to move to recommit any 
                fishery agreement resolution or to move to 
                reconsider the vote by which any fishery 
                agreement resolution is agreed to or disagreed 
                to.
                  (C) Motions to postpone, made in the House of 
                Representatives with respect to the 
                consideration of any fishery agreement 
                resolution, and motions to proceed to the 
                consideration of other business, shall be 
                decided without debate.
                  (D) All appeals from the decisions of the 
                Chair relating to the application of the Rules 
                of the House of Representatives to the 
                procedure relating to any fishery agreement 
                resolution shall be decided without debate.
                  (E) Except to the extent specifically 
                provided in the preceding provisions of this 
                subsection, consideration of any fishery 
                agreement resolution shall be governed by the 
                Rules of the House of Representatives 
                applicable to other bills and resolutions in 
                similar circumstances.
          (5) Floor consideration in the senate.--
                  (A) A motion in the Senate to proceed to the 
                consideration of any fishery agreement 
                resolution shall be privileged and not 
                debatable. An amendment to the motion shall not 
                be in order, nor shall it be in order to move 
                to reconsider the vote by which the motion is 
                agreed to or disagreed to.
                  (B) Debate in the Senate on any fishery 
                agreement resolution and on all debatable 
                motions and appeals in connection therewith 
                shall be limited to not more than 10 hours. The 
                time shall be equally divided between, and 
                controlled by, the majority leader and the 
                minority leader or their designees.
                  (C) Debate in the Senate on any debatable 
                motion or appeal in connection with any fishery 
                agreement resolution shall be limited to not 
                more than 1 hour, to be equally divided 
                between, and controlled by, the mover of the 
                motion or appeal and the manager of the 
                resolution, except that if the manager of the 
                resolution is in favor of any such motion or 
                appeal, the time in opposition thereto shall be 
                controlled by the minority leader or his 
                designee. The majority leader and the minority 
                leader, or either of them, may allot additional 
                time to any Senator during the consideration of 
                any debatable motion or appeal, from the time 
                under their control with respect to the 
                applicable fishery agreement resolution.
                  (D) A motion in the Senate to further limit 
                debate is not debatable. A motion to recommit 
                any fishery agreement resolution is not in 
                order.

SEC. 204.\109\ PERMITS FOR FOREIGN FISHING.

    (a) In General.--After February 28, 1977, no foreign 
fishing vessel shall engage in fishing within the exclusive 
economic zone \86\ within the special areas \110\ or for 
anadromous species or Continental Shelf fishery resources 
beyond such zone or areas,\111\ unless such vessel has on board 
a valid permit issued under this section for such vessel.
---------------------------------------------------------------------------
    \109\ 16 U.S.C. 1824.
    \110\ Sec. 301(f)(1) of Public Law 102-251 (106 Stat. 64) inserted 
``within the special areas''.
    \111\ Sec. 301(f)(2) of Public Law 102-251 (106 Stat. 64) inserted 
``or areas''.
---------------------------------------------------------------------------
    (b) Applications and Permits Under Government International 
Fishery Agreements.--
          (1) Eligibility.--Each foreign nation with which the 
        United States has entered into a governing 
        international fishery agreement shall submit an 
        application to the Secretary of State each year for a 
        permit for each of its fishing vessels that wishes to 
        engage in fishing described in subsection (a). No 
        permit issued under this section may be valid for 
        longer than a year; and section 558(c) of title 5, 
        United States Code, does not apply to the renewal of 
        any such permit.\112\
---------------------------------------------------------------------------
    \112\ Sec. 102(1) of Public Law 99-659 (100 Stat. 3707) added this 
sentence.
---------------------------------------------------------------------------
          (2) Forms.--The Secretary, in consultation with the 
        Secretary of State and the Secretary of the department 
        in which the Coast Guard is operating, shall prescribe 
        the forms for permit applications submitted under this 
        subsection and for permits issued pursuant to any such 
        application.
          (3) Contents.--Any application made under this 
        subsection shall specify--
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof;
                  (B) the tonnage, hold \113\ capacity, speed, 
                processing equipment, type and quantity of 
                fishing gear, and such other pertinent 
                information with respect to characteristics of 
                each such vessel as the Secretary may require;
---------------------------------------------------------------------------
    \113\ Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted 
``hold''.
---------------------------------------------------------------------------
                  (C) each fishery in which each such vessel 
                wishes to fish;
                  (D) \114\ the estimated amount of tonnage of 
                fish which will be caught, taken, or harvested 
                in each such fishery by each such vessel during 
                the time the permit is in force;
---------------------------------------------------------------------------
    \114\ Sec. 4(5)(A) of Public Law 95-354 (92 Stat. 520) amended and 
restated subpara. (D).
---------------------------------------------------------------------------
                  (E) \115\ the amount or tonnage of United 
                States harvested fish, if any, which each such 
                vessel proposes to receive at sea from vessels 
                of the United States;
---------------------------------------------------------------------------
    \115\ Sec. 4(5)(B) of Public Law 95-520 (92 Stat. 520) redesignated 
subpara. (E) as (F) and added a new subpara. (E).
---------------------------------------------------------------------------
                  (F) \115\ the ocean area in which, and the 
                season or period during which, such fishing 
                will be conducted; and
                  (G) \116\ all applicable vessel safety 
                standards imposed by the foreign country, and 
                shall include written certification that the 
                vessel is in compliance with those standards,
---------------------------------------------------------------------------
    \116\ Sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709) added 
subpara. (G).
---------------------------------------------------------------------------
        and shall include any other pertinent information and 
        material which the Secretary may require.
          (4) Transmittal for action.--Upon receipt of any 
        application which complies with the requirements of 
        paragraph (3), the Secretary of State shall publish a 
        notice of receipt of the application in the Federal 
        Register. Any such notice shall summarize the contents 
        of the applications from each nation included therein 
        with respect to the matters described in paragraph 
        (3).\117\ The Secretary of State \118\ shall promptly 
        transmit--
---------------------------------------------------------------------------
    \117\ Sec. 3(2) of Public Law 97-453 (96 Stat. 2483) struck out 
``and shall be set forth under the name of each Council to which it 
will be transmitted for comment'' which previously appeared at this 
point.
    \118\ Sec. 4(6) of Public Law 95-354 (92 Stat. 520) struck out 
``such application in the Federal Register and'' and inserted in lieu 
thereof the words to this point beginning with ``a notice of receipt''.
---------------------------------------------------------------------------
                  (A) such application, together with his 
                comments and recommendations thereon, to the 
                Secretary;
                  (B) \119\ a copy of the application to the 
                Secretary of the department in which the Coast 
                Guard is operating; and
---------------------------------------------------------------------------
    \119\ Sec. 3(3) of Public Law 97-453 (96 Stat. 2483) amended and 
restated subparas. (B) and (C). They previously read as follows:
    ``(B) a copy of the application to each appropriate Council and to 
the Secretary of the department in which the Coast Guard is operating; 
and
    ``(C) a monthly summary of foreign fishing applications including a 
report on approval applications as described in paragraphs (6) and (7) 
to the Committee on Merchant Marine and Fisheries of the House of 
Representatives and to the Committees on Commerce and Foreign Relations 
of the Senate.''.
    Previously, sec. 208 of Public Law 96-470 (94 Stat. 2245) added the 
requirement for the summary mentioned in subpara. (C) to be provided on 
a monthly basis.
---------------------------------------------------------------------------
                  (C) \119\ a copy or a summary of the 
                application to the appropriate Council,\120\
---------------------------------------------------------------------------
    \120\ Sec. 120(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) capitalized ``council''.
---------------------------------------------------------------------------
          (5) Action by council.--After receiving a copy or 
        summary of an application under paragraph (4)(C), the 
        Council may \121\ prepare and submit to the Secretary 
        such written comments on the application as it deems 
        appropriate. Such comments shall be submitted within 45 
        days after the date on which the application is 
        received by the Council and may include recommendations 
        with respect to approval of the application and, if 
        approval is recommended, with respect to appropriate 
        conditions and restrictions thereon. Any interested 
        person may submit comments to such Council with respect 
        to any such application. The Council shall consider any 
        such comments in formulating its submission to the 
        Secretary.
---------------------------------------------------------------------------
    \121\ Sec. 3(4) of Public Law 97-453 (96 Stat. 2483) struck out 
``After receipt of an application transmitted under paragraph (4)(B), 
each appropriate Council shall'' and inserted in lieu thereof ``After 
receiving a copy or summary of an application under paragraph (4)(C), 
the Council may''.
---------------------------------------------------------------------------
          (6) Approval.--(A) \122\ After receipt of any 
        application transmitted under paragraph (4)(A), the 
        Secretary shall consult with the Secretary of State 
        and, with respect to enforcement, with the Secretary of 
        the department in which the Coast Guard is operating. 
        The Secretary, after taking into consideration the 
        views and recommendations of such Secretaries, and any 
        comments submitted by any Council under paragraph (5), 
        may approve, subject to subparagraph (B) \122\ the 
        application, if he determines that the fishing 
        described in the application will meet the requirements 
        of this Act or he may disapprove all or any portion of 
        the application.\123\
---------------------------------------------------------------------------
    \122\ Sec. 4(7) of Public Law 95-354 (92 Stat. 520) inserted 
``(A)'', added the words ``, subject to subparagraph (B),'' and added 
subpara. (B).
    \123\ Sec. 102(3) of Public Law 99-659 (100 Stat. 3707) inserted 
``or he may disapprove all or any portion of the application''.
---------------------------------------------------------------------------
          (B) \122\ (i) In the case of any application which 
        specifies that one or more foreign fishing vessels 
        propose to receive at sea United States harvested fish 
        from vessels of the United States, the Secretary may 
        approve the application unless the Secretary 
        determines, on the basis of the views, recommendations, 
        and comments referred to in subparagraph (A) and other 
        pertinent information, that United States fish 
        processors have adequate capacity, and will utilize 
        such capacity, to process all United States harvested 
        fish from the fishery concerned.
          (ii) The amount or tonnage of United States harvested 
        fish which may be received at sea during any year by 
        foreign fishing vessels under permits approved under 
        this paragraph may not exceed that portion of the 
        optimum yield of the fishery concerned which will not 
        be utilized by the United States fish processors.
          (iii) In deciding whether to approve any application 
        under this subparagraph, the Secretary may take into 
        account, with respect to the foreign nation concerned, 
        such other matters as the Secretary deems appropriate.
          (7) Establishment of conditions and restrictions.--
        The Secretary shall establish conditions and 
        restrictions which shall be included in each permit 
        issued pursuant to any application approved under 
        paragraph (6) or subsection (d) \124\ and which must be 
        complied with by the owner or operator of the fishing 
        vessel for which the permit is issued. Such conditions 
        and restrictions shall include the following:
---------------------------------------------------------------------------
    \124\ Sec. 105(d)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
---------------------------------------------------------------------------
                  (A) All of the requirements of any applicable 
                fishery management plan, or preliminary fishery 
                management plan, and any applicable Federal or 
                State fishing regulations.\125\
---------------------------------------------------------------------------
    \125\ Sec. 105(d)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) struck out ``the regulations promulgated to 
implement any such plan'' and inserted in lieu thereof ``any applicable 
Federal or State fishing regulations''.
---------------------------------------------------------------------------
                  (B) The requirement that no permit may be 
                used by any vessel other than the fishery 
                vessel for which it is issued.
                  (C) The requirements described in section 
                201(c) (1), (2), and (3).
                  (D) \126\ If the permit is issued other than 
                pursuant to an application approved under 
                paragraph (6)(B) or subsection (d),\127\ the 
                restriction that the foreign fishing vessel may 
                not receive at sea United States harvested fish 
                vessels of the United States.
---------------------------------------------------------------------------
    \126\ Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated 
subpara. (D) as (F) and added new subparas. (D) and (E).
    \127\ Sec. 105(d)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
---------------------------------------------------------------------------
                  (E) \126\ If the permit is issued pursuant to 
                an application approved under paragraph (6)(B), 
                the maximum amount or tonnage of United States 
                harvested fish which may be received at sea 
                from vessels of the United States.
                  (F) \126\ Any other condition and restriction 
                related to fishery conservation and management 
                which the Secretary prescribes as necessary and 
                appropriate.
          (8) Notice of approval.--The Secretary shall promptly 
        transmit a copy of each application approved under 
        paragraph (6) and the conditions and restrictions 
        established under paragraph (7) to--
                  (A) the Secretary of State for transmittal to 
                the foreign nation involved;
                  (B) the Secretary of the department in which 
                the Coast Guard is operating; and
                  (C) any Council which has authority over any 
                fishery specified in such application.\128\
---------------------------------------------------------------------------
    \128\ Sec. 111(b) of Public Law 96-470 (94 Stat. 2239) struck out a 
former subpara. (D), which previously appeared at this point and had 
required a copy of each application approved also be submitted to the 
Senate Foreign Relations Committee and the House Merchant Marine and 
Fisheries Committee.
---------------------------------------------------------------------------
          (9) Disapproval of applications.--If the Secretary 
        does not approve any application submitted by a foreign 
        nation under this subsection, he shall promptly inform 
        the Secretary of State of the disapproval and his 
        reason therefor. The Secretary of State shall notify 
        such foreign nation of the disapproval and the reasons 
        therefor. Such foreign nation, after taking into 
        consideration the reasons for disapproval, may submit a 
        revised application under this subsection.
          (10) \129\ Fees.--
---------------------------------------------------------------------------
     \129\ Sec. 106(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4440) amended and restated para. (10). 
Previously, sec. 232 of Public Law 96-561 (94 Stat. 3298) amended and 
restated para. (10).
---------------------------------------------------------------------------
                  (A) Fees shall be paid to the Secretary by 
                the owner or operator of any foreign fishing 
                vessel for which a permit has been issued 
                pursuant to this section. The Secretary, in 
                consultation with the Secretary of State, shall 
                establish a schedule of reasonable fees that 
                shall apply nondiscriminatorily to each foreign 
                nation.
                  (B) Amounts collected by the Secretary under 
                this paragraph shall be deposited in the 
                general fund of the Treasury.
          (11) Issuance of permits.--If a foreign nation 
        notifies the Secretary of State of its acceptance of 
        the conditions and restrictions established by the 
        Secretary under paragraph (7), the Secretary of State 
        shall promptly transmit such notification to the 
        Secretary. Upon payment of the applicable fees 
        established pursuant to paragraph (10), the Secretary 
        shall thereupon issue to such foreign nation, through 
        the Secretary of State, permits for the appropriate 
        fishing vessels of that nation. Each permit shall 
        contain a statement of all conditions and restrictions 
        established under paragraph (7) which apply to the 
        fishing vessel for which the permit is issued.
    (12) \130\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \130\ Sec. 106(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4441) repealed para. (12). Para. (12) 
had provided for the revocation, suspension, limiting, or denial of 
permits for any foreign country determined to be in violation of sec. 
307 of this Act (16 U.S.C. 1857).
---------------------------------------------------------------------------
    (c) Registration Permits.--The Secretary of State, in 
cooperation with the Secretary, shall issue annually a 
registration permit for each fishing vessel of a foreign nation 
which is a party to an international fishery agreement under 
which foreign fishing is authorized by section 201(b) and which 
wishes to engage in fishing described in subsection (a). Each 
such permit shall set forth the terms and conditions contained 
in the agreement that apply with respect to such fishing, and 
shall include the additional requirement that the owner or 
operator of the fishing vessel for which the permit is issued 
shall prominently display such permit in the wheelhouse of such 
vessel and show it, upon request, to any officer authorized to 
enforce the provisions of this Act (as provided for in section 
311). The Secretary of State, after consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, shall prescribe the form and manner 
in which applications for registration permits may be made, and 
the forms of such permits. The Secretary of State may 
establish, require the payment of, and collect fees for 
registration permits; except that level of such fees shall not 
exceed the administrative costs incurred by him in issuing such 
permits.
    (d) \131\ Transshipment Permits.--
---------------------------------------------------------------------------
    \131\ Sec. 105(d)(4) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) added subsecs. (d) and (e).
---------------------------------------------------------------------------
          (1) Authority to issue permits.--The Secretary may 
        issue a transshipment permit under this subsection 
        which authorizes a vessel other than a vessel of the 
        United States to engage in fishing consisting solely of 
        transporting fish or fish products at sea from a point 
        within the exclusive economic zone or, with the 
        concurrence of a State, within the boundaries of that 
        State, to a point outside the United States to any 
        person who--
                  (A) submits an application which is approved 
                by the Secretary under paragraph (3); and
                  (B) pays a fee imposed under paragraph (7).
          (2) Transmittal.--Upon receipt of an application for 
        a permit under this subsection, the Secretary shall 
        promptly transmit copies of the application to the 
        Secretary of State, Secretary of the department in 
        which the Coast Guard is operating, any appropriate 
        Council, and any affected State.
          (3) Approval of application.--The Secretary may 
        approve, in consultation with the appropriate Council 
        or Marine Fisheries Commission, an application for a 
        permit under this section if the Secretary determines 
        that--
                  (A) the transportation of fish or fish 
                products to be conducted under the permit, as 
                described in the application, will be in the 
                interest of the United States and will meet the 
                applicable requirements of this Act;
                  (B) the applicant will comply with the 
                requirements described in section 201(c)(2) 
                with respect to activities authorized by any 
                permit issued pursuant to the application;
                  (C) the applicant has established any bonds 
                or financial assurances that may be required by 
                the Secretary; and
                  (D) no owner or operator of a vessel of the 
                United States which has adequate capacity to 
                perform the transportation for which the 
                application is submitted has indicated to the 
                Secretary an interest in performing the 
                transportation at fair and reasonable rates.
          (4) Whole or partial approval.--The Secretary may 
        approve all or any portion of an application under 
        paragraph (3).
          (5) Failure to approve application.--If the Secretary 
        does not approve any portion of an application 
        submitted under paragraph (1), the Secretary shall 
        promptly inform the applicant and specify the reasons 
        therefor.
          (6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this 
        subsection conditions and restrictions, including those 
        conditions and restrictions set forth in subsection 
        (b)(7), which shall be complied with by the owner and 
        operator of the vessel for which the permit is issued.
          (7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount 
        adequate to recover the costs incurred by the United 
        States in issuing the permit, except that the Secretary 
        shall waive the fee for the permit if the foreign 
        nation under which the vessel is registered does not 
        collect a fee from a vessel of the United States 
        engaged in similar activities in the waters of such 
        foreign nation.
    (e) \131\ Pacific Insular Areas.--
          (1) Negotiation of pacific insular area fishery 
        agreements.--The Secretary of State, with the 
        concurrence of the Secretary and in consultation with 
        any appropriate Council, may negotiate and enter into a 
        Pacific Insular Area fishery agreement to authorize 
        foreign fishing within the exclusive economic zone 
        adjacent to a Pacific Insular Area--
                  (A) in the case of American Samoa, Guam, or 
                the Northern Mariana Islands, at the request 
                and with the concurrence of, and in 
                consultation with, the Governor of the Pacific 
                Insular Area to which such agreement applies; 
                and
                  (B) in the case of a Pacific Insular Area 
                other than American Samoa, Guam, or the 
                Northern Mariana Islands, at the request of the 
                Western Pacific Council.
          (2) Agreement terms and conditions.--A Pacific 
        Insular Area fishery agreement--
                  (A) shall not be considered to supersede any 
                governing international fishery agreement 
                currently in effect under this Act, but shall 
                provide an alternative basis for the conduct of 
                foreign fishing within the exclusive economic 
                zone adjacent to Pacific Insular Areas;
                  (B) shall be negotiated and implemented 
                consistent only with the governing 
                international fishery agreement provisions of 
                this title specifically made applicable in this 
                subsection;
                  (C) may not be negotiated with a nation that 
                is in violation of a governing international 
                fishery agreement in effect under this Act;
                  (D) shall not be entered into if it is 
                determined by the Governor of the applicable 
                Pacific Insular Area with respect to agreements 
                initiated under paragraph (1)(A), or the 
                Western Pacific Council with respect to 
                agreements initiated under paragraph (1)(B), 
                that such an agreement will adversely affect 
                the fishing activities of the indigenous people 
                of such Pacific Insular Area;
                  (E) shall be valid for a period not to exceed 
                three years and shall only become effective 
                according to the procedures in section 203; and
                  (F) shall require the foreign nation and its 
                fishing vessels to comply with the requirements 
                of paragraphs (1), (2), (3) and (4)(A) of 
                section 201(c), section 201(d), and section 
                201(h).
          (3) Permits for foreign fishing.--
                  (A) Application for permits for foreign 
                fishing authorized under a Pacific Insular 
                Areas fishing agreement shall be made, 
                considered and approved or disapproved in 
                accordance with paragraphs (3), (4), (5), (6), 
                (7) (A) and (B), (8), and (9) of subsection 
                (b), and shall include any conditions and 
                restrictions established by the Secretary in 
                consultation with the Secretary of State, the 
                Secretary of the department in which the Coast 
                Guard is operating, the Governor of the 
                applicable Pacific Insular Area, and the 
                appropriate Council.
                  (B) If a foreign nation notifies the 
                Secretary of State of its acceptance of the 
                requirements of this paragraph, paragraph 
                (2)(F), and paragraph (5), including any 
                conditions and restrictions established under 
                subparagraph (A), the Secretary of State shall 
                promptly transmit such notification to the 
                Secretary. Upon receipt of any payment required 
                under a Pacific Insular Area fishing agreement, 
                the Secretary shall thereupon issue to such 
                foreign nation, through the Secretary of State, 
                permits for the appropriate fishing vessels of 
                that nation. Each permit shall contain a 
                statement of all of the requirements, 
                conditions, and restrictions established under 
                this subsection which apply to the fishing 
                vessel for which the permit is issued.
          (4) Marine conservation plans.--
                  (A) Prior to entering into a Pacific Insular 
                Area fishery agreement, the Western Pacific 
                Council and the appropriate Governor shall 
                develop a 3-year marine conservation plan 
                detailing uses for funds to be collected by the 
                Secretary pursuant to such agreement. Such plan 
                shall be consistent with any applicable fishery 
                management plan, identify conservation and 
                management objectives (including criteria for 
                determining when such objectives have been 
                met), and prioritize planned marine 
                conservation projects. Conservation and 
                management objectives shall include, but not be 
                limited to--
                          (i) establishment of Pacific Insular 
                        Area observer programs, approved by the 
                        Secretary in consultation with the 
                        Western Pacific Council, that provide 
                        observer coverage for foreign fishing 
                        under Pacific Insular Area fishery 
                        agreements that is at least equal in 
                        effectiveness to the program 
                        established by the Secretary under 
                        section 201(h);
                          (ii) conduct of marine and fisheries 
                        research, including development of 
                        systems for information collection, 
                        analysis, evaluation, and reporting;
                          (iii) conservation, education, and 
                        enforcement activities related to 
                        marine and coastal management, such as 
                        living marine resource assessments, 
                        habitat monitoring and coastal studies;
                          (iv) grants to the University of 
                        Hawaii for technical assistance 
                        projects by the Pacific Island Network, 
                        such as education and training in the 
                        development and implementation of 
                        sustainable marine resources 
                        development projects, scientific 
                        research, and conservation strategies; 
                        and
                          (v) western Pacific community-based 
                        demonstration projects under section 
                        112(b) of the Sustainable Fisheries Act 
                        and other coastal improvement projects 
                        to foster and promote the management, 
                        conservation, and economic enhancement 
                        of the Pacific Insular Areas.
                  (B) In the case of American Samoa, Guam, and 
                the Northern Mariana Islands, the appropriate 
                Governor, with the concurrence of the Western 
                Pacific Council, shall develop the marine 
                conservation plan described in subparagraph (A) 
                and submit such plan to the Secretary for 
                approval. In the case of other Pacific Insular 
                Areas, the Western Pacific Council shall 
                develop and submit the marine conservation plan 
                described in subparagraph (A) to the Secretary 
                for approval.
                  (C) If a Governor or the Western Pacific 
                Council intends to request that the Secretary 
                of State renew a Pacific Insular Area fishery 
                agreement, a subsequent 3-year plan shall be 
                submitted to the Secretary for approval by the 
                end of the second year of the existing 3-year 
                plan.
          (5) Reciprocal conditions.--Except as expressly 
        provided otherwise in this subsection, a Pacific 
        Insular Area fishing agreement may include terms 
        similar to the terms applicable to United States 
        fishing vessels for access to similar fisheries in 
        waters subject to the fisheries jurisdiction of another 
        nation.
          (6) Use of payments by american samoa, guam, northern 
        mariana islands.--Any payments received by the 
        Secretary under a Pacific Insular Area fishery 
        agreement for American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited into the United 
        States Treasury and then covered over to the Treasury 
        of the Pacific Insular Area for which those funds were 
        collected. Amounts deposited in the Treasury of a 
        Pacific Insular Area shall be available, without 
        appropriation or fiscal year limitation, to the 
        Governor of the Pacific Insular Area--
                  (A) to carry out the purposes of this 
                subsection;
                  (B) to compensate (i) the Western Pacific 
                Council for mutually agreed upon administrative 
                costs incurred relating to any Pacific Insular 
                Area fishery agreement for such Pacific Insular 
                Area, and (ii) the Secretary of State for 
                mutually agreed upon travel expenses for no 
                more than 2 Federal representatives incurred as 
                a direct result of complying with paragraph 
                (1)(A); and
                  (C) to implement a marine conservation plan 
                developed and approved under paragraph (4).
          (7) Western pacific sustainable fisheries fund.--
        There is established in the United States Treasury a 
        Western Pacific Sustainable Fisheries Fund into which 
        any payments received by the Secretary under a Pacific 
        Insular Area fishery agreement for any Pacific Insular 
        Area other than American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited. The Western Pacific 
        Sustainable Fisheries Fund shall be made available, 
        without appropriation or fiscal year limitation, to the 
        Secretary, who shall provide such funds only to--
                  (A) the Western Pacific Council for the 
                purpose of carrying out the provisions of this 
                subsection, including implementation of a 
                marine conservation plan approved under 
                paragraph (4);
                  (B) the Secretary of State for mutually 
                agreed upon travel expenses for no more than 2 
                Federal representatives incurred as a direct 
                result of complying with paragraph (1)(B); and
                  (C) the Western Pacific Council to meet 
                conservation and management objectives in the 
                State of Hawaii if monies remain in the Western 
                Pacific Sustainable Fisheries Fund after the 
                funding requirements of subparagraphs (A) and 
                (B) have been satisfied.
        Amounts deposited in such fund shall not diminish 
        funding received by the Western Pacific Council for the 
        purpose of carrying out other responsibilities under 
        this Act.
          (8) Use of fines and penalties.--In the case of 
        violations occurring within the exclusive economic zone 
        off American Samoa, Guam, or the Northern Mariana 
        Islands, amounts received by the Secretary which are 
        attributable to fines or penalties imposed under this 
        Act, including such sums collected from the forfeiture 
        and disposition or sale of property seized subject to 
        its authority, after payment of direct costs of the 
        enforcement action to all entities involved in such 
        action, shall be deposited into the Treasury of the 
        Pacific Insular Area adjacent to the exclusive economic 
        zone in which the violation occurred, to be used for 
        fisheries enforcement and for implementation of a 
        marine conservation plan under paragraph (4).

SEC. 205.\132\ IMPORT PROHIBITIONS.

    (a) Determinations by Secretary of State.--If the Secretary 
of State determines that--
---------------------------------------------------------------------------
    \132\ 16 U.S.C. 1825.
---------------------------------------------------------------------------
          (1) he has been unable, within a reasonable period of 
        time, to conclude with any foreign nation an 
        international fishery agreement allowing fishing 
        vessels of the United States equitable access to 
        fisheries over which that nation asserts exclusive 
        fishery management authority, including fisheries of 
        the tuna species \133\ as recognized by the United 
        States, in accordance with \133\ fishing activities of 
        such vessels, if any, and under terms not more 
        restrictive than those established under sections 201 
        (c) and (d) and 204(b) (7) and (10), because such 
        nation has (A) refused to commence negotiations, or (B) 
        failed to negotiate in good faith;
---------------------------------------------------------------------------
    \133\ Effective January 1, 1992, Sec. 105(b) of the Fishery 
Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440) 
inserted ``including fisheries of the tuna species''. Sec. 105(b) 
further struck out ``traditional'', that previously followed ``in 
accordance with'', struck out ``highly migratory'' in para. (2) and 
inserted in lieu thereof ``tuna''.
---------------------------------------------------------------------------
          (2) any foreign nation is not allowing fishing 
        vessels of the United States to engage in fishing for 
        tuna \133\ species in accordance with an applicable 
        international fishery agreement, whether or not such 
        nation is a party thereto;
          (3) any foreign nation is not complying with its 
        obligations under any existing international fishery 
        agreement concerning fishing by fishing vessels of the 
        United States in any fishery over which that nation 
        asserts exclusive fishery management authority; or
          (4) any fishing vessel of the United States, while 
        fishing in waters beyond any foreign nation's 
        territorial sea, to the extent that such sea is 
        recognized by the United States, is seized by any 
        foreign nation--
                  (A) in violation of an applicable 
                international fishery agreement;
                  (B) without authorization under an agreement 
                between the United States and such nation; or
                  (C) as a consequence of a claim of 
                jurisdiction which is not recognized by the 
                United States;
he shall certify such determination to the Secretary of the 
Treasury.
    (b) Prohibitions.--Upon receipt of any certification from 
the Secretary of State under subsection (a), the Secretary of 
the Treasury shall immediately take such action as may be 
necessary and appropriate to prohibit the importation into the 
United States--
          (1) of all fish and fish products from the fishery 
        involved, if any; and
          (2) upon recommendation of the Secretary of State, 
        such other fish or fish products, from any fishery of 
        the foreign nation concerned, which the Secretary of 
        State finds to be appropriated to carry out the 
        purposes of this section.
    (c) Removal of Prohibition.--If the Secretary of State 
finds that the reasons for the imposition of any import 
prohibition under this section no longer prevail, the Secretary 
of State shall notify the Secretary of the Treasury, who shall 
promptly remove such import prohibition.
    (d) Definitions.--As used in this section--
          (1) The term ``fish'' includes any highly migratory 
        species.
          (2) The term ``fish products'' means any article 
        which is produced from or composed for (in which or in 
        part) any fish.

SEC. 206.\134\ LARGE-SCALE DRIFTNET FISHING.

    (a) Short Title.--This section incorporates and expands 
upon provisions of the Driftnet Impact Monitoring, Assessment, 
and Control Act of 1987 and may be cited as the ``Driftnet Act 
Amendments of 1990''.
---------------------------------------------------------------------------
    \134\ 16 U.S.C. 1826. Public Law 95-6 (91 Stat. 14) added sec. 206. 
Sec. 107(a) of the Fishery Conservation Amendments of 1990 (Public Law 
101-627; 104 Stat. 4441) amended and restated sec. 206.
    See also the High Seas Driftnet Fisheries Enforcement Act (Public 
Law 102-582; 106 Stat. 4900 et seq.).
---------------------------------------------------------------------------
    (b) Findings.--The Congress finds that--
          (1) the continued widespread use of large-scale 
        driftnets beyond the exclusive economic zone of any 
        nation is a destructive fishing practice that poses a 
        threat to living marine resources of the world's 
        oceans, including but not limited to the North and 
        South Pacific Ocean, and the Bering Sea;
          (2) the use of large-scale driftnets is expanding 
        into new regions of the world's oceans, including the 
        Atlantic Ocean and Caribbean Sea;
          (3) there is a pressing need for detailed and 
        reliable information on the number of seabirds, sea 
        turtles, nontarget fish, and marine mammals that become 
        entangled and die in actively fished large-scale 
        driftnets and in large-scale driftnets that are lost, 
        abandoned, or discarded;
          (4) increased efforts, including reliable observer 
        data and enforcement mechanisms, are needed to monitor, 
        assess, control, and reduce the adverse impact of 
        large-scale driftnet fishing on living marine 
        resources;
          (5) the nations of the world have agreed in the 
        United Nations, through General Assembly Resolution 
        Numbered 44-225, approved December 22, 1989, by the 
        General Assembly, that a moratorium should be imposed 
        by June 30, 1992, on the use of large-scale driftnets 
        beyond the exclusive economic zone of any nation;
          (6) the nations of the south Pacific have agreed to a 
        moratorium on the use of large-scale driftnets in the 
        South Pacific through the Convention for the 
        Prohibition of Fishing with Long Driftnets in the South 
        Pacific, which was agreed to in Wellington, New 
        Zealand, on November 29, 1989; and
          (7) increasing population pressures and new knowledge 
        of the importance of living marine resources to the 
        health of the global ecosystem demand that greater 
        responsibility by exercised by persons fishing or 
        developing new fisheries beyond the exclusive economic 
        zone of any nation.
    (c) Policy.--It is declared to be the policy of the 
Congress in this section that the United States should--
          (1) implement the moratorium called for by the United 
        Nations General Assembly in Resolution Numbered 44-225;
          (2) support the Tarawa Declaration and the Wellington 
        Convention for the Prohibition of Fishing with Long 
        Driftnets in the South Pacific; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.
    (d) International Agreements.--The Secretary, through the 
Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, shall seek to secure 
international agreements to implement immediately the findings, 
policy, and provisions of this section, and in particular an 
international ban on large-scale driftnet fishing. The 
Secretary, through the Secretary of State, shall include, in 
any agreement which addresses the taking of living marine 
resources of the United States, provisions to ensure that--
          (1) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, 
        including vessels that may operate independently to 
        develop new fishing areas, which operate beyond the 
        exclusive economic zone of any nation, is included in 
        such agreement;
          (2) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, which 
        operates beyond the exclusive economic zone of any 
        nation, is equipped with satellite transmitters which 
        provide real-time position information accessible to 
        the United States;
          (3) statistically reliable monitoring by the United 
        States is carried out, through the use of on-board 
        observers or through dedicated platforms provided by 
        foreign nations that are parties to the agreement, of 
        all target and nontarget fish species, marine mammals, 
        sea turtles, and sea birds entangled or killed by 
        large-scale driftnets used by fishing vessels of 
        foreign nations that are parties to the agreement;
          (4) officials of the United States have the right to 
        board and inspect for violations of the agreement any 
        large-scale driftnet fishing vessels operating under 
        the flag of a foreign nation that is party to the 
        agreement at any time while such vessel is operating in 
        designated areas beyond the exclusive economic zone of 
        any nation;
          (5) all catch landed or transshipped at sea by large-
        scale driftnet fishing vessels of a foreign nation that 
        is a party to the agreement, and which are operated 
        beyond the exclusive economic zone of any nation, is 
        reliably monitored and documented;
          (6) time and area restrictions are imposed on the use 
        of large-scale driftnets in order to prevent 
        interception of anadromous species;
          (7) all large-scale driftnets used are constructed, 
        insofar as feasible, with biodegradable materials which 
        break into segments that do not represent a threat to 
        living marine resources;
          (8) all large-scale driftnets are marked at 
        appropriate intervals in a manner that conclusively 
        identifies the vessel and flag nation responsible for 
        each such driftnet;
          (9) the taking of nontarget fish species, marine 
        mammals, sea turtles, seabirds, and endangered species 
        or other species protected by international agreements 
        to which the United States is a party is minimized and 
        does not pose a threat to existing fisheries or the 
        long-term health of living marine resources; and
          (10) definitive steps are agreed upon to ensure that 
        parties to the agreement comply with the spirit of 
        other international agreements and resolutions 
        concerning the use of large-scale driftnets beyond the 
        exclusive economic zone of any nation.
    (e) \135\ Report.--Not later than January 1, 1991, and 
every year thereafter until the purposes of this section are 
met, the Secretary, after consultation with the Secretary of 
State and the Secretary of the department in which the Coast 
Guard is operating, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Merchant Marine and Fisheries \136\ of the House of 
Representatives a report--
---------------------------------------------------------------------------
    \135\ Sec. 105(f)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3569) struck out paras. (3) and (4) of subsec. (e), 
and redesignated paras. (5) and (6) as paras. (3) and (4). Former 
paras. (3) and (4) read as follows:
---------------------------------------------------------------------------

  ``(3) identifying and evaluating the effectiveness of unilateral measures 
and multilateral measures, including sanctions, that are available to 
encourage nations to agree to and comply with this section, and 
recommendations for legislation to authorize any additional measures that 
are needed if those are considered ineffective;

  ``(4) identifying, evaluating, and making any recommendations considered 
necessary to improve the effectiveness of the law, policy, and procedures 
governing enforcement of the exclusive management authority of the United 
States over anadromous species against fishing vessels engaged in fishing 
beyond the exclusive economic zone of any nation;''.
---------------------------------------------------------------------------

    \136\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Merchant Marine and Fisheries of 
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

          (1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          (2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          (3) \135\ containing a list and description of any 
        new fisheries developed by nations that conduct, or 
        authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation; and
          (4) \135\ containing a list of the nations that 
        conduct, or authorize their nationals to conduct, 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation in a manner that diminishes 
        the effectiveness of or is inconsistent with any 
        international agreement governing large-scale driftnet 
        fishing to which the United States is a party or 
        otherwise subscribes.
    (f) Certification.--If at any time the Secretary, in 
consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, 
identifies any nation that warrants inclusion in the list 
described under subsection (e)(4),\137\ the Secretary shall 
certify that fact to the President. Such certification shall be 
deemed to be a certification for the purposes of section 8(a) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
---------------------------------------------------------------------------
    \137\ Sec. 105(f)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3569) struck out ``(e)(6)'' and inserted in lieu 
thereof ``(e)(4)''.
---------------------------------------------------------------------------
    (g) Effect on Sovereign Rights.--This section shall not 
serve or be construed to expand or diminish the sovereign 
rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in this Act or other existing law.
    (h) Definition.--As used in this section, the term ``living 
marine resources'' includes fish, marine mammals, sea turtles, 
and seabirds and other waterfowl.

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

          * * * * * * *

            TITLE IV--FISHERY MONITORING AND RESEARCH \138\

          * * * * * * *
---------------------------------------------------------------------------
    \138\ Title II of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3604) amended and restated title IV, which previously 
related to miscellaneous provisions, including authorization of 
appropriations.
               b. Marine Turtle Conservation Act of 2004

  Public Law 108-266 [H.R. 3378], 118 Stat. 791, approved July 2, 2004

AN ACT To assist in the conservation of marine turtles and the nesting 
            habitats of marine turtles in foreign countries.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Marine Turtle Conservation 
Act of 2004''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 6601 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 6601.
---------------------------------------------------------------------------
          (1) marine turtle populations have declined to the 
        point that the long-term survival of the loggerhead, 
        green, hawksbill, Kemp's ridley, olive ridley, and 
        leatherback turtle in the wild is in serious jeopardy;
          (2) 6 of the 7 recognized species of marine turtles 
        are listed as threatened or endangered species under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and all 7 species have been included in Appendix 
        I of CITES;
          (3) because marine turtles are long-lived, late-
        maturing, and highly migratory, marine turtles are 
        particularly vulnerable to the impacts of human 
        exploitation and habitat loss;
          (4) illegal international trade seriously threatens 
        wild populations of some marine turtle species, 
        particularly the hawksbill turtle;
          (5) the challenges facing marine turtles are immense, 
        and the resources available have not been sufficient to 
        cope with the continued loss of nesting habitats caused 
        by human activities and the consequent diminution of 
        marine turtle populations;
          (6) because marine turtles are flagship species for 
        the ecosystems in which marine turtles are found, 
        sustaining healthy populations of marine turtles 
        provides benefits to many other species of wildlife, 
        including many other threatened or endangered species;
          (7) marine turtles are important components of the 
        ecosystems that they inhabit, and studies of wild 
        populations of marine turtles have provided important 
        biological insights;
          (8) changes in marine turtle populations are most 
        reliably indicated by changes in the numbers of nests 
        and nesting females; and
          (9) the reduction, removal, or other effective 
        addressing of the threats to the long-term viability of 
        populations of marine turtles will require the joint 
        commitment and effort of--
                  (A) countries that have within their 
                boundaries marine turtle nesting habitats; and
                  (B) persons with expertise in the 
                conservation of marine turtles.
    (b) Purpose.--The purpose of this Act is to assist in the 
conservation of marine turtles and the nesting habitats of 
marine turtles in foreign countries by supporting and providing 
financial resources for projects to conserve the nesting 
habitats, conserve marine turtles in those habitats, and 
address other threats to the survival of marine turtles.

SEC. 3.\3\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 6602.
---------------------------------------------------------------------------
          (1) CITES.--The term ``CITES'' means the Convention 
        on International Trade in Endangered Species of Wild 
        Fauna and Flora (27 UST 1087; TIAS 8249).
          (2) Conservation.--The term ``conservation'' means 
        the use of all methods and procedures necessary to 
        protect nesting habitats of marine turtles in foreign 
        countries and of marine turtles in those habitats, 
        including--
                  (A) protection, restoration, and management 
                of nesting habitats;
                  (B) onsite research and monitoring of nesting 
                populations, nesting habitats, annual 
                reproduction, and species population trends;
                  (C) assistance in the development, 
                implementation, and improvement of national and 
                regional management plans for nesting habitat 
                ranges;
                  (D) enforcement and implementation of CITES 
                and laws of foreign countries to--
                          (i) protect and manage nesting 
                        populations and nesting habitats; and
                          (ii) prevent illegal trade of marine 
                        turtles;
                  (E) training of local law enforcement 
                officials in the interdiction and prevention 
                of--
                          (i) the illegal killing of marine 
                        turtles on nesting habitat; and
                          (ii) illegal trade in marine turtles;
                  (F) initiatives to resolve conflicts between 
                humans and marine turtles over habitat used by 
                marine turtles for nesting;
                  (G) community outreach and education; and
                  (H) strengthening of the ability of local 
                communities to implement nesting population and 
                nesting habitat conservation programs.
          (3) Fund.--The term ``Fund'' means the Marine Turtle 
        Conservation Fund established by section 5.
          (4) Marine turtle.--
                  (A) In general.--The term ``marine turtle'' 
                means any member of the family Cheloniidae or 
                Dermochelyidae.
                  (B) Inclusions.--The term ``marine turtle'' 
                includes--
                          (i) any part, product, egg, or 
                        offspring of a turtle described in 
                        subparagraph (A); and
                          (ii) a carcass of such a turtle.
          (5) Multinational species conservation fund.--The 
        term ``Multinational Species Conservation Fund'' means 
        the fund established under the heading ``multinational 
        species conservation fund'' in title I of the 
        Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 4246).
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 4.\4\ MARINE TURTLE CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds and 
in consultation with other Federal officials, the Secretary 
shall use amounts in the Fund to provide financial assistance 
for projects for the conservation of marine turtles for which 
project proposals are approved by the Secretary in accordance 
with this section.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 6603.
---------------------------------------------------------------------------
    (b) Project Proposals.--
          (1) Eligible applicants.--A proposal for a project 
        for the conservation of marine turtles may be submitted 
        to the Secretary by--
                  (A) any wildlife management authority of a 
                foreign country that has within its boundaries 
                marine turtle nesting habitat if the activities 
                of the authority directly or indirectly affect 
                marine turtle conservation; or
                  (B) any other person or group with the 
                demonstrated expertise required for the 
                conservation of marine turtles.
          (2) Required elements.--A project proposal shall 
        include--
                  (A) a statement of the purposes of the 
                project;
                  (B) the name of the individual with overall 
                responsibility for the project;
                  (C) a description of the qualifications of 
                the individuals that will conduct the project;
                  (D) a description of--
                          (i) methods for project 
                        implementation and outcome assessment;
                          (ii) staff and community management 
                        for the project; and
                          (iii) the logistics of the project;
                  (E) an estimate of the funds and time 
                required to complete the project;
                  (F) evidence of support for the project by 
                appropriate governmental entities of the 
                countries in which the project will be 
                conducted, if the Secretary determines that 
                such support is required for the success of the 
                project;
                  (G) information regarding the source and 
                amount of matching funding available for the 
                project; and
                  (H) any other information that the Secretary 
                considers to be necessary for evaluating the 
                eligibility of the project for funding under 
                this Act.
    (c) Project Review and Approval.--
          (1) In general.--The Secretary shall--
                  (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the 
                proposal to other Federal officials, as 
                appropriate; and
                  (B) review each project proposal in a timely 
                manner to determine whether the proposal meets 
                the criteria specified in subsection (d).
          (2) Consultation; approval or disapproval.--Not later 
        than 180 days after receiving a project proposal, and 
        subject to the availability of funds, the Secretary, 
        after consulting with other Federal officials, as 
        appropriate, shall--
                  (A) consult on the proposal with the 
                government of each country in which the project 
                is to be conducted;
                  (B) after taking into consideration any 
                comments resulting from the consultation, 
                approve or disapprove the project proposal; and
                  (C) provide written notification of the 
                approval or disapproval to the person that 
                submitted the project proposal, other Federal 
                officials, and each country described in 
                subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a 
project proposal under this section if the project will help 
recover and sustain viable populations of marine turtles in the 
wild by assisting efforts in foreign countries to implement 
marine turtle conservation programs.
    (e) Project Sustainability.--To the maximum extent 
practicable, in determining whether to approve project 
proposals under this section, the Secretary shall give 
preference to conservation projects that are designed to ensure 
effective, long-term conservation of marine turtles and their 
nesting habitats.
    (f) Matching Funds.--In determining whether to approve 
project proposals under this section, the Secretary shall give 
preference to projects for which matching funds are available.
    (g) Project Reporting.--
          (1) In general.--Each person that receives assistance 
        under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the 
        Secretary may require) that include all information 
        that the Secretary, after consultation with other 
        government officials, determines is necessary to 
        evaluate the progress and success of the project for 
        the purposes of ensuring positive results, assessing 
        problems, and fostering improvements.
          (2) Availability to the public.--Reports under 
        paragraph (1), and any other documents relating to 
        projects for which financial assistance is provided 
        under this Act, shall be made available to the public.

SEC. 5.\5\ MARINE TURTLE CONSERVATION FUND.

    (a) Establishment.--There is established in the 
Multinational Species Conservation Fund a separate account to 
be known as the ``Marine Turtle Conservation Fund'', consisting 
of--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 6604.
---------------------------------------------------------------------------
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection 
        (e);
          (2) amounts appropriated to the Fund under section 6; 
        and
          (3) any interest earned on investment of amounts in 
        the Fund under subsection (c).
    (b) Expenditures From Fund.--
          (1) In general.--Subject to paragraph (2), on request 
        by the Secretary, the Secretary of the Treasury shall 
        transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to carry out section 4.
          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to $80,000, 
        whichever is greater, to pay the administrative 
        expenses necessary to carry out this Act.
    (c) Investment of Amounts.--
          (1) In general.--The Secretary of the Treasury shall 
        invest such portion of the Fund as is not, in the 
        judgment of the Secretary of the Treasury, required to 
        meet current withdrawals. Investments may be made only 
        in interest-bearing obligations of the United States.
          (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be 
        acquired--
                  (A) on original issue at the issue price; or
                  (B) by purchase of outstanding obligations at 
                the market price.
          (3) Sale of obligations.--Any obligation acquired by 
        the Fund may be sold by the Secretary of the Treasury 
        at the market price.
          (4) Credits to fund.--The interest on, and the 
        proceeds from the sale or redemption of, any 
        obligations held in the Fund shall be credited to and 
        form a part of the Fund.
    (d) Transfers of Amounts.--
          (1) In general.--The amounts required to be 
        transferred to the Fund under this section shall be 
        transferred at least monthly from the general fund of 
        the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
          (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts 
        required to be transferred.
    (e) Acceptance and Use of Donations.--The Secretary may 
accept and use donations to provide assistance under section 4. 
Amounts received by the Secretary in the form of donations 
shall be transferred to the Secretary of the Treasury for 
deposit in the Fund.

SEC. 6.\6\ ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of marine turtles.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 6605.
---------------------------------------------------------------------------
    (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
    (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

SEC. 7.\7\ AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years 2005 through 2009.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 6606.
---------------------------------------------------------------------------

SEC. 8.\8\ REPORT TO CONGRESS.

    Not later than October 1, 2005, the Secretary shall submit 
to the Congress a report on the results and effectiveness of 
the program carried out under this Act, including 
recommendations concerning how this Act might be improved and 
whether the Fund should be continued in the future.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 6607.
                    c. Shark Finning Prohibition Act

 Public Law 106-557 [H.R. 5461], 114 Stat. 2772, approved December 21, 
                                  2000

     AN ACT To amend the Magnuson-Stevens Fishery Conservation and 
 Management Act to eliminate the wasteful and unsportsmanlike practice 
                           of shark finning.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Shark Finning Prohibition 
Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------

SEC. 2.\1\ PURPOSE.

    The purpose of this Act is to eliminate shark-finning by 
addressing the problem comprehensively at both the national and 
international levels.

SEC. 3.\2\ PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK 
                    CARCASS AT SEA. * * *
---------------------------------------------------------------------------

    \2\ Sec. 3 amends sec. 307(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)).
---------------------------------------------------------------------------

SEC. 4.\1\ REGULATIONS.

    No later than 180 days after the date of the enactment of 
this Act, the Secretary of Commerce shall promulgate 
regulations implementing the provisions of section 3076(1)(P) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.

SEC. 5.\1\ INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of 
State, shall--
          (1) initiate discussions as soon as possible for the 
        purpose of developing bilateral or multilateral 
        agreements with other nations for the prohibition on 
        shark-finning;
          (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have 
        persons or companies engaged in shark-finning, for the 
        purposes of--
                  (A) collecting information on the nature and 
                extent of shark-finning by such persons and the 
                landing or transshipment of shark fins through 
                foreign ports; and
                  (B) entering into bilateral and multilateral 
                treaties with such countries to protect such 
                species;
          (3) seek agreements calling for an international ban 
        on shark-finning and other fishing practices adversely 
        affecting these species through the United Nations, the 
        Food and Agriculture Organization's Committee on 
        Fisheries, and appropriate regional fishery management 
        bodies;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of species of sharks to which the United 
        States is a party in order to make such treaty 
        consistent with the purposes and policies of this 
        section;
          (5) urge other governments involved in fishing for or 
        importation of shark or shark products to fulfill their 
        obligations to collect biological data, such as stock 
        abundance and by-catch levels, as well as trade data, 
        on shark species as called for in the 1995 Resolution 
        on Cooperation with FAO with Regard to study on the 
        Status of Sharks and By-Catch of Shark Species; and
          (6) urge other governments to prepare and submit 
        their respective National Plan of Action for the 
        Conservation and Management of Sharks to the 2001 
        session of the FAO Committee on Fisheries, as set forth 
        in the International Plan of Action for the 
        Conservation and Management of Sharks.

SEC. 6.\1\ REPORT TO CONGRESS.

    The Secretary of Commerce, in consultation with the 
Secretary of State, shall provide to Congress, by not later 
than 1 year after the date of the enactment of this Act, and 
every year thereafter, a report which--
          (1) includes a list that identifies nations whose 
        vessels conduct shark-finning and details the extent of 
        the international trade in shark fins, including 
        estimates of value and information on harvesting of 
        shark fins, and landings or transshipment of shark fins 
        through foreign ports;
          (2) describes the efforts taken to carry out this 
        Act, and evaluates the progress of those efforts;
          (3) sets forth a plan of action to adopt 
        international measures for the conservation of sharks; 
        and
          (4) includes recommendations for measures to ensure 
        that United States actions are consistent with 
        national, international, and regional obligations 
        relating to shark populations, including those listed 
        under the Convention on International Trade in 
        Endangered Species of Wild Flora and Fauna.

SEC. 7.\1\ RESEARCH.

    The Secretary of Commerce, subject to the availability of 
appropriations authorized by section 10, shall establish a 
research program for Pacific and Atlantic sharks to engage in 
the following data collection and research:
          (1) The collection of data to support stock 
        assessments of shark populations subject to incidental 
        or directed harvesting by commercial vessels, giving 
        priority to species according to vulnerability of the 
        species to fishing gear and fishing mortality, and its 
        population status.
          (2) Research to identify fishing gear and practices 
        that prevent or minimize incidental catch of sharks in 
        commercial and recreational fishing.
          (3) Research on fishing methods that will ensure 
        maximum likelihood of survival of captured sharks after 
        release.
          (4) Research on methods for releasing sharks from 
        fishing gear that minimize risk of injury to fishing 
        vessel operators and crews.
          (5) Research on methods to maximize the utilization 
        of, and funding to develop the market for, sharks not 
        taken in violation of a fishing management plan 
        approved under section 303 or section 307(1)(P) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1853, 1857(1)(P)).
          (6) Research on the nature and extent of the harvest 
        of sharks and shark fins by foreign fleets and the 
        international trade in shark fins and other shark 
        products.

SEC. 8.\1\ WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH 
                    PROGRAM.

    The National Marine Fisheries Service, in consultation with 
the Western Pacific Fisheries Management Council, shall 
initiate a cooperative research program with the commercial 
longlining industry to carry out activities consistent with 
this Act, including research described in section 7 of this 
Act. The service may initiate such shark cooperative research 
programs upon the request of any other fishery management 
council.

SEC. 9.\1\ SHARK-FINNING DEFINED.

    In this Act, the term ``shark-finning'' means the taking of 
a shark, removing the fin or fins (whether or not including the 
tail) of a shark, and returning the remainder of the shark to 
the sea.

SEC. 10.\1\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are 
necessary to carry out this Act.
                   d. Yukon River Salmon Act of 2000

    Partial text of Public Law 106-450 [H.R. 1651], 114 Stat. 1941, 
   approved November 7, 2000; as amended by Public Law 108-219 [H.R. 
             2584], 118 Stat. 615, approved April 13, 2004

 AN ACT To amend the Fishermen's Protective Act of 1967 to extend the 
 period during which reimbursement may be provided to owners of United 
States fishing vessels for costs incurred when such a vessel is seized 
       and detained by a foreign country, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

   TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                       PROTECTIVE ACT OF 1967 \1\
---------------------------------------------------------------------------

    \1\ Title I amends the Fishermen's Protective Act of 1967.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE II--YUKON RIVER SALMON

SEC. 201.\2\ SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 
2000''.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5701 note.
---------------------------------------------------------------------------

SEC. 202.\3\ YUKON RIVER SALMON PANEL.

    (a) Establishment.--
          (1) In general.--There shall be a Yukon River Salmon 
        Panel (in this title referred to as the ``Panel'').
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5721.
---------------------------------------------------------------------------
          (2) Functions.--The Panel shall--
                  (A) advise the Secretary of State regarding 
                the negotiation of any international agreement 
                with Canada relating to management of salmon 
                stocks originating from the Yukon River in 
                Canada;
                  (B) advise the Secretary of the Interior 
                regarding restoration and enhancement of such 
                salmon stocks; and
                  (C) perform other functions relating to 
                conservation and management of such salmon 
                stocks as authorized by this or any other 
                title.
          (3) Designation as united states representatives on 
        bilateral body.--The Secretary of State may designate 
        the members of the Panel to be the United States 
        representatives on any successor to the panel 
        established by the interim agreement for the 
        conservation of salmon stocks originating from the 
        Yukon River in Canada agreed to through an exchange of 
        notes between the Government of the United States and 
        the Government of Canada on February 3, 1995, if 
        authorized by any agreement establishing such 
        successor.
    (b) Membership.--
          (1) In general.--The Panel shall be comprised of six 
        members, as follows:
                  (A) One member who is an official of the 
                United States Government with expertise in 
                salmon conservation and management, who shall 
                be appointed by the Secretary of State.
                  (B) One member who is an official of the 
                State of Alaska with expertise in salmon 
                conservation and management, who shall be 
                appointed by the Governor of Alaska.
                  (C) Four members who are knowledgeable and 
                experienced with regard to the salmon fisheries 
                on the Yukon River, who shall be appointed by 
                the Secretary of State in accordance with 
                paragraph (2).
          (2) Appointees from alaska.--
                  (A) The Secretary of State shall appoint the 
                members under paragraph (1)(C) from a list of 
                at least three individuals nominated for each 
                position by the Governor of Alaska.
                  (B) In making the nominations, the Governor 
                of Alaska may consider suggestions for 
                nominations provided by organizations with 
                expertise in Yukon River salmon fisheries.
                  (C) The Governor of Alaska may make 
                appropriate nominations to allow for 
                appointment of, and the Secretary of State 
                shall appoint, under paragraph (1)(C)--
                          (i) at least one member who is 
                        qualified to represent the interests of 
                        Lower Yukon River fishing districts; 
                        and
                          (ii) at least one member who is 
                        qualified to represent the interests of 
                        Upper Yukon River fishing districts.
                  (D) At least one of the members appointed 
                under paragraph (1)(C) shall be an Alaska 
                Native.
          (3) Alternates.--
                  (A) The Secretary of State may designate an 
                alternate Panel member for each Panel member 
                the Secretary appoints under paragraphs (1)(A) 
                and (C), who meets the same qualifications, to 
                serve in the absence of the Panel member.
                  (B) The Governor of the State of Alaska may 
                designate an alternative Panel member for the 
                Panel member appointed under subsection 
                (b)(1)(B), who meets the same qualifications, 
                to serve in the absence of that Panel member.
    (c) Term Length.--Panel members and alternate Panel members 
shall serve 4-year terms. Any individual appointed to fill a 
vacancy occurring before the expiration of any term shall be 
appointed for the remainder of that term.
    (d) Reappointment.--Panel members and alternate Panel 
members shall be eligible for reappointment.
    (e) Decisions.--Decisions of the Panel shall be made by the 
consensus of the Panel members appointed under subparagraphs 
(B) and (C) of subsection (b)(1).
    (f) Consultations.--In carrying out their functions, Panel 
members may consult with such other interested parties as they 
consider appropriate.

SEC. 203.\4\ ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may establish and 
appoint an advisory committee of not less than eight, but not 
more than 12, individuals who are knowledgeable and experienced 
with regard to the salmon fisheries on the Yukon River. At 
least two of the advisory committee members shall be Alaska 
Natives. Members of the advisory committee may attend all 
meetings of the Panel, and shall be given the opportunity to 
examine and be heard on any matter under consideration by the 
Panel.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 5722.
---------------------------------------------------------------------------
    (b) Compensation.--The members of such advisory committee 
shall receive no compensation for their services.
    (c) Term Length.--Members of such advisory committee shall 
serve 2-year terms. Any individual appointed to fill a vacancy 
occurring before the expiration of any term shall be appointed 
for the remainder of that term.
    (d) Reappointment.--Members of such advisory committee 
shall be eligible for reappointment.

SEC. 204.\5\ EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Panel or to an advisory committee established 
under section 203.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 5723.
---------------------------------------------------------------------------

SEC. 205.\6\ AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska 
Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of any agreement 
with Canada regarding management of salmon stocks originating 
from the Yukon River in Canada.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 5724.
---------------------------------------------------------------------------
    (b) Effect of Designation.--The designation under 
subsection (a) shall not be considered to expand, diminish, or 
otherwise change the management authority of the State of 
Alaska or the Federal Government with respect to fishery 
resources.
    (c) Recommendations of Panel.--In addition to 
recommendations made by the Panel to the responsible management 
entities in accordance with any agreement with Canada regarding 
management of salmon stocks originating from the Yukon River in 
Canada, the Panel may make recommendations concerning the 
conservation and management of salmon originating in the Yukon 
River to the Department of the Interior, the Department of 
Commerce, the Department of State, the North Pacific Fishery 
Management Council, and other Federal or State entities as 
appropriate. Recommendations by the Panel shall be advisory in 
nature.

SEC. 206.\7\ ADMINISTRATIVE MATTERS.

    (a) Compensation.--Panel members and alternate Panel 
members who are not State or Federal employees shall receive 
compensation at the daily rate of GS-15 of the General Schedule 
when engaged in the actual performance of duties.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 5725.
---------------------------------------------------------------------------
    (b) Travel and Other Necessary Expenses.--Travel and other 
necessary expenses shall be paid by the Secretary of the 
Interior for all Panel members, alternate Panel members, and 
members of any advisory committee established under section 203 
when engaged in the actual performance of duties.
    (c) Treatment as Federal Employees.--Except for officials 
of the United States Government, all Panel members, alternate 
Panel members, and members of any advisory committee 
established under section 203 shall not be considered to be 
Federal employees while engaged in the actual performance of 
duties, except for the purposes of injury compensation or tort 
claims liability as provided in chapter 81 of title 5, United 
States Code, and chapter 71 of title 28, United States Code.

SEC. 207.\8\ YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT 
                    PROJECTS.

    (a) In General.--The Secretary of the Interior, in 
consultation with the Secretary of Commerce, may carry out 
projects to restore or enhance salmon stocks originating from 
the Yukon River in Canada and the United States.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 5726.
---------------------------------------------------------------------------
    (b) Cooperation with Canada.--If there is in effect an 
agreement between the Government of the United States and the 
Government of Canada for the conservation of salmon stocks 
originating from the Yukon River in Canada that includes 
provisions governing projects authorized under this section, 
then--
          (1) projects under this section shall be carried out 
        in accordance with that agreement; and
          (2) amounts available for projects under this 
        section--
                  (A) shall be expended in accordance with the 
                agreement; and
                  (B) may be deposited in any joint account 
                established by the agreement to fund such 
                projects.

SEC. 208.\9\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
the Interior to carry out this title $4,000,000 for each of 
fiscal years 2004 through 2008,\10\ of which--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5727
    \10\ Sec. 303 of Public Law 108-219 (118 Stat. 616) struck out 
``2000, 2001, 2002, and 2003'' and inserted in lieu thereof ``2004 
through 2008''.
---------------------------------------------------------------------------
          (1) such sums as are necessary shall be available 
        each fiscal year for travel expenses of Panel members, 
        alternate Panel members, United States members of the 
        Joint Technical Committee established by paragraph C.2 
        of the memorandum of understanding concerning the 
        Pacific Salmon Treaty between the Government of the 
        United States and the Government of Canada (recorded 
        January 28, 1985), and members of an advisory committee 
        established and appointed under section 203, in 
        accordance with Federal Travel Regulations and sections 
        5701, 5702, 5704 through 5708, and 5731 of title 5, 
        United States Code;
          (2) such sums as are necessary shall be available for 
        the United States share of expenses incurred by the 
        Joint Technical Committee and any panel established by 
        any agreement between the Government of the United 
        States and the Government of Canada for restoration and 
        enhancement of salmon originating in Canada;
          (3) up to 3,000,000 shall be available each fiscal 
        year for activities by the Department of the Interior 
        and the Department of Commerce for survey, restoration, 
        and enhancement activities related to salmon stocks 
        originating from the Yukon River in Canada, of which up 
        to $1,200,000 shall be available each fiscal year for 
        Yukon River salmon stock restoration and enhancement 
        projects under section 207(b); and
          (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in 
        the portion of the Yukon River drainage located in the 
        United States that are recommended by the Panel.

            TITLE III--FISHERY INFORMATION ACQUISITION \11\
---------------------------------------------------------------------------

    \11\ Title III is cited as the ``Fisheries Survey Vessel 
Authorization Act of 2000''.
---------------------------------------------------------------------------
          * * * * * * *

                        TITLE IV--MISCELLANEOUS

          * * * * * * *
                      e. Sustainable Fisheries Act

 Partial text of Public Law 104-297 [S. 39], 110 Stat. 3559, approved 
                            October 11, 1996

AN ACT To amend the Magnuson Fishery Conservation and Management Act to 
authorize appropriations, to provide for sustainable fisheries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Sustainable Fisheries Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).

                  TITLE I--CONSERVATION AND MANAGEMENT

          * * * * * * *

SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) * * *
    (e) Atlantic Herring Transshipment.--Within 30 days of 
receiving an application, the Secretary shall, under section 
204(d) of the Magnuson Fishery Conservation and Management 
Act,\2\ as amended by this Act, issue permits to up to fourteen 
Canadian transport vessels that are not equipped for fish 
harvesting or processing, for the transshipment, within the 
boundaries of the State of Maine or within the portion of the 
exclusive economic zone east of the line 69 degrees 30 minutes 
west and within 12 nautical miles from the seaward boundary of 
that State, of Atlantic herring harvested by United States 
fishermen within the area described and used solely in sardine 
processing. In issuing a permit pursuant to this subsection, 
the Secretary shall provide a waiver under section 201(h)(2)(C) 
of the Magnuson Fishery Conservation and Management Act,\2\ as 
amended by this Act: Provided, That such vessels comply with 
Federal or State monitoring and reporting requirements for the 
Atlantic herring fishery, including the stationing of United 
States observers aboard such vessels, if necessary.
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    (f) * * *
    (g) Russian Fishing in the Bering Sea.--No later than 
September 30, 1997, the North Pacific Fishery Management 
Council, in consultation with the North Pacific and Bering Sea 
Advisory Body, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives a report describing 
the institutional structures in Russia pertaining to stock 
assessment, management, and enforcement for fishery harvests in 
the Bering Sea, and recommendations for improving coordination 
between the United States and Russia for managing and 
conserving Bering Sea fishery resources of mutual concern.
          * * * * * * *
               f. Fishery Conservation Amendments of 1990

    Partial text of Public Law 101-627 [H.R. 2061], 104 Stat. 4436, 
     approved November 28, 1990; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

 AN ACT To authorize appropriations to carry out the Magnuson-Stevens 
 Fishery Conservation and Management Act \1\ through fiscal year 1993, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,


          Note.--This Act amended the Magnuson-Stevens Fishery 
        Conservation and Management Act,\1\ the Atlantic Tunas 
        Convention Act of 1975, the Fishermen's Protective Act 
        of 1967, the Anadromous Fish Conservation Act, the 
        Interjurisdictional Fisheries Act of 1986, Central, 
        Western, and South Pacific Fisheries Development Act, 
        the Fish and Seafood Promotion Act of 1986, the Act of 
        August 11, 1939, and the Marine Mammal Protection Act 
        of 1972. Title VIII, relating to negotiations on the 
        export or import of anadromous fish or anadromous fish 
        products, is presented here. Title IX, the Dolphin 
        Protection Consumer Information Act, may be found at 
        page 251.



                     short title; table of contents

    Section 1.\2\ (a) Short Title.--The Act may be cited as the 
``Fishery Conservation Amendments of 1990''.
---------------------------------------------------------------------------
    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    \2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--* * *
          * * * * * * *

                       TITLE VIII--MISCELLANEOUS

        certificate of legal origin for anadromous fish products

    Sec. 801.\3\ (a) Negotiations.--Within 60 days after the 
date of enactment of this act, the Secretary of States shall 
commence negotiations with nations which import or export 
anadromous fish or anadromous fish products for the purpose of 
securing general agreement among such nations to implement 
effective measures to prohibit international trade in 
anadromous fish or anadromous fish products unless such fish or 
fish products are accompanied by a valid certificate of legal 
origin attesting that the fish or fish product was lawfully 
harvested--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------
          (1) within the jurisdiction of a nation having 
        naturally occurring or artificially established 
        anadromous fish populations of the same species as the 
        imported or export product; or
          (2) on the high seas according to an international 
        agreement among nations with jurisdiction over more 
        than 1 percent of the stocks of anadromous fish being 
        so harvested.
    (b) Issuance of Certificates.--For the purposes of 
subsection (a), a valid certificate of legal origin may be 
issued only by a nation which--
          (1) is the nation having jurisdiction over the vessel 
        or other means by which the fish or fish product was 
        harvested; and
          (2) maintains regular harvests of anadromous fish in 
        a manner consistent with the criteria for lawful 
        harvests set out in subsection (a).
    (c) Bilateral or Multilateral Agreements.--Efforts 
undertaken by the Secretary of State pursuant to subsection (a) 
may, at the discretion of the Secretary, be directed toward 
achieving either bilateral or multilateral agreements, 
including trade agreements, whichever the Secretary determines 
to be most likely to result in the earliest possible date or 
dates of agreement by those nations which individually have in 
excess of $1,000,000, or the equivalent, in import or export 
trade in anadromous fish and anadromous fish products.
    (d) Regulations.--The Secretary of Commerce shall, within 
180 days after the date of enactment of this Act, promulgate 
regulations providing for--
          (1) the issuance of certificates of legal origin 
        pursuant to agreements under subsection (a) for 
        anadromous fish and anadromous fish products legally 
        harvested by vessels of the United States;
          (2) the delegation of the authority to issue 
        certificates of legal origin to States, territories, or 
        possessions of the United States which the Secretary of 
        Commerce determines to have implemented a program which 
        is sufficient to accomplish the purposes of subsection 
        (a); and
          (3) an orderly transition to such regulations, 
        sufficient to ensure that United States commerce in 
        anadromous fish and anadromous fish products is not 
        unduly disrupted.
    (e) Report Required.--The Secretary of Commerce, after 
consultation with the Secretary of the Treasury, shall, within 
180 days after the date of enactment of this Act, submit to the 
Congress a report--
          (1) making recommendations as to the need for the 
        adoption of United States import and export 
        restrictions on anadromous fish and anadromous fish 
        products consistent with subsection (a); and
          (2) identifying, evaluating, and making 
        recommendations regarding any specific statutory or 
        regulatory changes that may be necessary for the 
        adoption of such restrictions.
    (f) Certification.--If, at any time following the 
promulgation of the regulations required by subsection (d), the 
Secretary of Commerce finds that any nation is engaging in 
trade in unlawfully taken anadromous fish or anadromous fish 
products, the Secretary shall certify that fact to the 
President, which certification shall be deemed to be a 
certification for the purposes of section 8(a)(1) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).
          * * * * * * *
        g. Fishery Conservation Zone Transition Act, as amended

Partial text of Public Law 95-6, [H.J. Res. 240], 91 Stat. 14, approved 
February 21, 1977; as amended by Public Law 95-8 [H.R. 3753], 91 Stat. 
18, approved March 3, 1977; Public Law 95-73 [H.R. 5638], 91 Stat. 283, 
 approved July 26, 1977; Public Law 95-219 [H.R. 9794], 91 Stat. 1613, 
 approved December 28, 1977; Public Law 95-314 [H.R. 12571], 92 Stat. 
376, approved July 1, 1978; Public Law 97-212 [H.R. 3816], 96 Stat. 143 
  at 148, approved June 30, 1982; Public Law 98-44 [S. 625], 97 Stat. 
 216, approved July 12, 1983; Public Law 98-364 [H.R. 4997], 98 Stat. 
440 at 442, approved July 17, 1984; and Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 JOINT RESOLUTION To give congressional approval to certain governing 
  international fishery agreements negotiated in accordance with the 
 Magnuson-Stevens Fishery Conservation and Management Act,\1\ and for 
                            other purposes.
---------------------------------------------------------------------------

    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
Whereas the Government of the United States of America and the 
    Governments of the People's Republic of Bulgaria, the 
    Socialist Republic of Romania, the Republic of China, the 
    German Democratic Republic, the Union of Soviet Socialist 
    Republics, and the Polish People's Republic have signed 
    governing international fishery agreements for the 
    conservation, optimum utilization, and rational management 
    of fisheries subject to the exclusive fishery management 
    jurisdiction of the United States under the Magnuson-
    Stevens Fishery Conservation and Management Act \1\ (Public 
    Law 94-265) (hereinafter referred to as the ``Act''); and
Whereas the Act provides that after February 28, 1977, no 
    foreign fishing is authorized within the fishery 
    conservation zone, or for anadromous species or Continental 
    Shelf fishery resources beyond the fishery conservation 
    zone, unless (among other exceptions and requirements) such 
    foreign fishing is authorized and conducted pursuant to a 
    governing international fishery agreement; and
Whereas the Act also provides that no governing international 
    fishery agreement shall become effective with respect to 
    the United States before the close of the first 60 calendar 
    days of continuous session of the Congress after the date 
    on which the President transmits to the House of 
    Representatives and to the Senate a document setting forth 
    the text of such governing international agreement; and
Whereas the Act further provides that Congress may prohibit the 
    entering into force and effect of any governing 
    international fishery agreement by enactment of a joint 
    resolution originating in either House of Congress during 
    such 60-day period; and
Whereas, the sixty-day period will not elapse with respect to 
    any governing international fishery agreement, referred to 
    in the first clause of this preamble, before March 1, 1977, 
    the date on which the fishery conservation zone of the 
    United States takes effect; and
Whereas early congressional action on these governing 
    international fishery agreements is necessary in order that 
    fishing vessels of the foreign nations concerned may be 
    permitted to fish in the fishery conservation zone after 
    February 28, 1977, in compliance with such Act; and
Whereas these governing international fishery agreements 
    substantially comply with the requirements relating to such 
    agreements contained in section 201(c) of the Act: Now, 
    therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this joint 
resolution may be cited as the ``Fishery Conservation Zone 
Transition Act''.\2\
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 2.\3\ CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL 
                    FISHERY AGREEMENTS.

    (a) \4\ Notwithstanding section 203 of the Magnuson-Stevens 
Fishery Conservation and Management Act,\1\ the governing 
international fishery agreement between the Government of the 
United States of America and--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1823 note.
    \4\ Sec. 10(a) of Public Law 97-212 (96 Stat. 148) added the 
subsec. designation ``(a)'' and a new subsec. (b).
---------------------------------------------------------------------------
          (1) the Government of the People's Republic of 
        Bulgaria Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        14, 1974;
          (2) the Government of the Socialist Republic of 
        Romania Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        10, 1977;
          (3) the Government of the Republic of China 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated January 10, 
        1977;
          (4) the Government of the German Democratic Republic 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated January 10, 
        1977;
          (5) the Government of the Union of Soviet Socialist 
        Republics Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        10, 1977;
          (6) the Government of the Polish People's Republic 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated September 16, 
        1976;
          (7) \5\, \6\ the European Economic 
        Community Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated February 
        21, 1977;
---------------------------------------------------------------------------
    \5\ Public Law 95-8 (91 Stat. 18) added paras. (7), (8), (9), and 
(10).
    \6\ Sec. 106 of Public Law 98-364 (98 Stat. 442) provided the 
following:
    ``Sec. 106. Notwithstanding any provisions of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon 
certification by the Secretary of State to the President of the Senate 
and the Speaker of the House of Representatives that a new governing 
international fishery agreement in conformity with such Act has been 
negotiated by the United States and the European Economic Community, 
the existing governing international fishery agreement referred to in 
section 2(a)(7) of the Fishery Conservation Zone Transition Act (16 
U.S.C. 1823, note) may be extended or reinstated, as the case may be, 
and may be in force and effect with respect to the United States, for 
the period of time ending on the earlier of (1) the effective date of 
the new governing international fishery agreement, or (2) September 30, 
1984.''.
---------------------------------------------------------------------------
          (8) \5\ the Government of Japan Concerning Fisheries 
        Off the Coasts of the United States (for 1977), as 
        contained in the message to Congress from the President 
        of the United States dated February 21, 1977;
          (9) \5\, \7\ the Government of the 
        Republic of Korea Concerning Fisheries Off the Coasts 
        of the United States, as contained in the message to 
        Congress from the President of the United States dated 
        February 21, 1977;
---------------------------------------------------------------------------
    \7\ Sec. 10(b) of Public Law 97-212 (96 Stat. 148) provided the 
following:
    ``(b) Notwithstanding any provision of the Act entitled `An Act for 
the conservation and management of the fisheries, and for other 
purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing 
international fishery agreements referred to in section 2(a) (9) and 
(10) of the Fishery Conservation Zone Transition Act shall be extended, 
and shall be in force and effect with respect to the United States, for 
the period of time ending on--
---------------------------------------------------------------------------

  ``(1) the deadline for completion of Congressional review, pursuant to 
section 203(a) of such 1976 Act, of any new governing international fishery 
agreement signed, on or before July 31, 1982, by the United States and the 
respective foreign government that is a party to the agreement in question; 
or

  ``(2) July 31, 1982, if the United States and the respective foreign 
government that is a party to the agreement in question fail to sign a new 
governing international fishery agreement on or before that date.''.

          (10) \5\, \7\ the Government of Spain 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated February 21, 
        1977; and
          (11) \8\ the Government of Mexico Concerning 
        Fisheries Off the Coasts of the United States, as 
        contained in the message to Congress from the President 
        of the United States dated October 7, 1977;
---------------------------------------------------------------------------
    \8\ Sec. 1 of Public Law 95-219 (91 Stat. 1613) added para. (11).
---------------------------------------------------------------------------
is hereby approved by the Congress as a governing international 
fishery agreement for purposes of the Magnuson-Stevens Fishery 
Conservation and Management Act.\1\ Each such agreement 
referred to in paragraphs (1) through (6) shall enter into 
force and effect with respect to the United States on the date 
of the enactment of this joint resolution, and each such 
agreement referred to in paragraphs (7) through (11) shall 
enter into force and effect with respect to the United States 
on February 27, 1977.\9\
---------------------------------------------------------------------------
    \9\ Public Law 95-8 (91 Stat. 18) amended and restated this 
sentence in order to reflect the additions of paras. (7) through (10). 
Public Law 95-219 (91 Stat. 1613) further amended this sentence in 
order to reflect the addition of para. (11).
---------------------------------------------------------------------------
    (b) \4\ Notwithstanding such section 203--
          (1) the governing international fishery agreement 
        referred to the subsection (a)(5), as extended until 
        July 1, 1983 pursuant to the Diplomatic Notes referred 
        to in the message to the Congress from the President of 
        the United States dated May 11, 1982, is hereby 
        approved by the Congress as a governing international 
        fishery agreement for the purposes of such Act of 1976;
          (2) the governing international fishery agreement 
        between the American Institute in Taiwan and the 
        Coordination Council for North American Affairs, as 
        contained in the message to the House of 
        Representatives and the Senate from the Secretary of 
        State dated June 15, 1982, is hereby approved by the 
        Congress as a governing international fishery agreement 
        for the purposes of the Act of 1976; and
          (3) the governing international fishery agreement 
        referred to in subsection (a)(6), as extended until 
        July 1, 1983 pursuant to the Diplomatic Notes referred 
        to in the message to the Congress from the President of 
        the United States dated June 21, 1982, is hereby 
        approved by the Congress as a governing international 
        fishery agreement for the purposes of such Act of 1976.
Each such governing international fishery agreement shall enter 
into force and effect with respect to the United States on July 
1, 1982.
    (c) \10\ Notwithstanding such section 203--
---------------------------------------------------------------------------
    \10\ Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).
---------------------------------------------------------------------------
          (1) the governing international fishery agreement 
        referred to in subsection (a)(5), as extended until 
        December 31, 1985,\11\ pursuant to the Diplomatic Notes 
        referred to in the message to the Congress from the 
        President of the United States dated May 8, 1984,\12\ 
        is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976;
---------------------------------------------------------------------------
    \11\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``July 
1, 1984'' and inserted in lieu thereof ``December 31, 1985''.
    \12\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``May 
3, 1983'' and inserted in lieu thereof ``May 8, 1984''.
---------------------------------------------------------------------------
          (2) the governing international fishery agreement 
        referred to in subsection (a)(6), as extended until 
        December 31, 1985,\11\ pursuant to the Diplomatic Notes 
        referred to in the message to the Congress from the 
        President of the United States dated May 8, 1984,\12\ 
        is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976; and
          (3) the governing international fishery agreement 
        referred to in subsection (a)(4), as contained in the 
        message to the House of Representatives and the Senate 
        from the President of the United States dated May 3, 
        1983, is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976.
    The government international fishery agreements referred to 
in paragraphs (1) and (2) shall enter into force and effect 
with respect to the United States on July 1, 1984; and the 
governing international fishery agreement referred to in 
paragraph (3) \13\ shall enter into force and effect with 
respect to the United States on July 1, 1983.
---------------------------------------------------------------------------
    \13\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``Each 
such governing international fishery agreement'' and inserted in lieu 
thereof ``The government international fishery agreements referred to 
in paragraphs (1) and (2) shall enter into force and effect with 
respect to the United States on July 1, 1984; and the governing 
international fishery agreement referred to in paragraph (3)''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950.

    The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 
981-991) is repealed as of March 1, 1977.

SEC. 5.\14\ RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES 
                    AND CANADA.

    (a) \15\ Congressional Approval.--The Congress hereby 
approves the Reciprocal Fisheries Agreement for 1978 between 
the Government of the United States and the Government of 
Canada (hereinafter in this section referred to as the 
``Agreement'') as contained in the message to Congress from the 
President of the United States dated May 1, 1978. The Agreement 
shall be in force and effect with respect to the United States 
from January 1, 1978, until such later date in 1978 as may be 
determined pursuant to the terms of the Agreement.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 1823 note. Public Law 95-73 (91 Stat. 283) added 
sec. 5.
    \15\ Public Law 95-314 (92 Stat. 376) amended and restated subsec. 
(a). Former subsec. (a) concerned congressional approval for a 1977 
Reciprocal Fisheries Agreement between the United States and Canada.
---------------------------------------------------------------------------
    (b) Application.--During the period when the Agreement is 
in force and effect with respect to the United States--
          (1) vessels and nationals of Canada may fish within 
        the fishery conservation zone, or for anadromous 
        species and Continental Shelf fishery resources beyond 
        such zone, but only pursuant to, and in accordance 
        with, the provisions of the Agreement; and
          (2) title II of the Magnuson-Stevens Fishery 
        Conservation and Management Act \1\ (relating to 
        foreign fishing and international fishery agreements) 
        and section 307 of such Act of 1976 (relating to 
        prohibited acts) shall not apply with respect to 
        fishing within the fishery conservation zone, or for 
        anadromous species and Continental Shelf fishery 
        resources beyond such zone, by vessels and nationals of 
        Canada which is pursuant to, and in accordance with, 
        the provisions of the Agreement.
    (c) Fishing Statistics.--(1) Any person who--
          (A) owns or operates any fishing vessel which--
                  (i) is a vessel of the United States, and
                  (ii) engages in fishing to which the 
                Agreement applies; or
          (B) directly or indirectly receives, or may receive, 
        fish to which the Agreement applies in the course of a 
        commercial activity in quantities determined by the 
        Secretary to be sufficient to assist in the carrying 
        out of this paragraph,
shall submit to the Secretary such statistics (including, but 
not limited to, catch data) regarding such fishing or such 
receipt of fish as are necessary to fulfill the obligations of 
the United States under article XIII of the Agreement. The 
Secretary, after consultation with the Secretary of State, 
shall issue such regulations as are necessary and appropriate 
to carry out the purposes of this paragraph. Section 303(d) of 
the Magnuson-Stevens Fishery Conservation and Management Act 
\1\ (relating to the confidentiality of statistics) shall apply 
with respect to all statistics submitted under this paragraph.
    (2) Any violation of paragraph (1), or of any regulation 
issued pursuant to paragraph (1), by any person shall be deemed 
to be an act prohibited by section 307 of the Magnuson-Stevens 
Fishery Conservation and Management Act.\1\ Any person who 
commits any such violation shall be liable to the United States 
for a civil penalty as provided for in section 308 of such Act 
of 1976. Sections 309 (relating to criminal offenses) and 310 
(relating to civil forfeiture) of such Act of 1976 shall not 
apply with respect to any such violation.
    (d) Definitions.--As used in this section, the terms 
``anadromous species'', ``Continental Shelf fishery 
resources'', ``fishing conservation zone'',\16\ ``fishing'', 
``fishing vessel'', ``Secretary'', and ``vessel of the United 
States'' shall have the same respective meanings as are given 
to such terms in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act.\1\
---------------------------------------------------------------------------
    \16\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) struck 
out ``exclusive economic zone'' and inserted in lieu thereof ``fishery 
conservation zone''.
               h. Deep Seabed Hard Mineral Resources Act

Public Law 96-283 [H.R. 2759], 94 Stat. 553, approved June 28, 1980; as 
   amended by Public Law 97-416 [H.R. 6120], 96 Stat. 2084, approved 
January 4, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3408, 
  approved November 8, 1984; Public Law 99-507 [H.R. 4212], 100 Stat. 
 1847, approved October 21, 1986; Public Law 101-178 [H.R. 2120], 103 
Stat. 1297, approved November 28, 1989; Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
 approved September 30, 1996; and Public Law 107-273 [H.R. 2215], 116 
                 Stat. 1758, approved November 2, 2002

AN ACT To establish an interim procedure for the orderly development of 
   hard mineral resources in the deep seabed, pending adoption of an 
     international regime relating thereto, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Deep Seabed Hard Mineral 
Resources Act''.
---------------------------------------------------------------------------
    \1\ 30 U.S.C. 1401 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 30 U.S.C. 1401.
---------------------------------------------------------------------------
          (1) the United States' requirements for hard minerals 
        to satisfy national industrial needs will continue to 
        expand and the demand for such minerals will 
        increasingly exceed the available domestic sources of 
        supply;
          (2) in the case of certain hard minerals, the United 
        States is dependent upon foreign sources of supply and 
        the acquisition of such minerals from foreign sources 
        is a significant factor in the national balance-of-
        payments position;
          (3) the present and future national interest of the 
        United States requires the availability of hard mineral 
        resources which is independent of the export policies 
        of foreign nations;
          (4) there is an alternate source of supply, which is 
        significant in relation to national needs, of certain 
        hard minerals, including nickel, copper, cobalt, and 
        manganese, contained in the nodules existing in great 
        abundance on the deep seabed;
          (5) the nations of the world, including the United 
        States, will benefit if the hard mineral resources of 
        the deep seabed beyond limits of national jurisdiction 
        can be developed and made available for their use;
          (6) in particular, future access to the nickel, 
        copper, cobalt, and manganese resources of the deep 
        seabed will be important to the industrial needs of the 
        nations of the world, both developed and developing;
          (7) on December 17, 1970, the United States supported 
        (by affirmative vote) the United Nations General 
        Assembly Resolution 2749 (XXV) declaring inter alia the 
        principle that the mineral resources of the deep seabed 
        are the common heritage of mankind, with the 
        expectation that this principle would be legally 
        defined under the terms of a comprehensive 
        international Law of the Sea Treaty yet to be agreed 
        upon;
          (8) it is in the national interest of the United 
        States and other nations to encourage a widely 
        acceptable Law of the Sea Treaty, which will provide a 
        new legal order for the oceans covering a broad range 
        of ocean interests, including exploration for and 
        commercial recovery of hard mineral resources of the 
        deep seabed;
          (9) the negotiations to conclude such a Treaty and 
        establish the international regime governing the 
        exercise of rights over, and exploration of, the 
        resources of the deep seabed, referred to in General 
        Assembly Resolution 2749 (XXV) are in progress but may 
        not be concluded in the near future;
          (10) even if such negotiations are completed 
        promptly, much time will elapse before such an 
        international regime is established and in operation;
          (11) development of technology required for the 
        exploration and recovery of hard mineral resources of 
        the deep seabed will require substantial investment for 
        many years before commercial production can occur, and 
        must proceed at this time if deep seabed minerals are 
        to be available when needed;
          (12) it is the legal opinion of the United States 
        that exploration for and commercial recovery of hard 
        mineral resources of the deep seabed are freedoms of 
        the high seas subject to a duty of reasonable regard to 
        the interests of other states in their exercise of 
        those and other freedoms recognized by general 
        principles of international law;
          (13) pending a Law of the Sea Treaty, and in the 
        absence of agreement among states on applicable 
        principles of international law, the uncertainty among 
        potential investors as to the future legal regime is 
        likely to discourage or prevent the investments 
        necessary to develop deep seabed mining technology;
          (14) pending a Law of the Sea Treaty, the protection 
        of the marine environment from damage caused by 
        exploration or recovery of hard mineral resources of 
        the deep seabed depends upon the enactment of suitable 
        interim national legislation;
          (15) a Law of the Sea Treaty is likely to establish 
        financial arrangements which obligate the United States 
        or United States citizens to make payments to an 
        international organization with respect to exploration 
        or recovery of the hard mineral resources of the deep 
        seabed; and
          (16) legislation is required to establish an interim 
        legal regime under which technology can be developed 
        and the exploration and recovery of the hard mineral 
        resources of the deep seabed can take place until such 
        time as a Law of the Sea Treaty enters into force with 
        respect to the United States.
    (b) Purposes.--The Congress declares that the purposes of 
this Act are--
          (1) to encourage the successful conclusion of a 
        comprehensive Law of the Sea Treaty, which will give 
        legal definition to the principle that the hard mineral 
        resources of the deep seabed are the common heritage of 
        mankind and which will assure, among other things, 
        nondiscriminatory access to such resources for all 
        nations;
          (2) pending the ratification by, and entering into 
        force with respect to, the United States of such a 
        Treaty, to provide for the establishment of an 
        international revenue-sharing fund the proceeds of 
        which shall be used for sharing the international 
        community pursuant to such Treaty;
          (3) to establish, pending the ratification by, and 
        entering into force with respect to, the United States 
        of such a Treaty, an interim program to regulate the 
        exploration for the commercial recovery of hard mineral 
        resources of the deep seabed by United States citizens;
          (4) to accelerate the program of environmental 
        assessment of exploration for and commercial recovery 
        of hard mineral resources of the deep seabed and assure 
        that such exploration and recovery activities are 
        conducted in a manner which will encourage the 
        conservation of such resources, protect the quality of 
        the environment, and promote the safety of life and 
        property at sea; and
          (5) to encourage the continued development of 
        technology necessary to recover the hard mineral 
        resources of the deep seabed.

SEC. 3.\3\ INTERNATIONAL OBJECTIVES OF THIS ACT.

    (a) Disclaimer of Extraterritorial Sovereignty.--By the 
enactment of this Act, the United States--
---------------------------------------------------------------------------
    \3\ 30 U.S.C. 1402.
---------------------------------------------------------------------------
          (1) exercises its jurisdiction over United States 
        citizens and vessels, and foreign persons and vessels 
        otherwise subject to its jurisdiction, in the exercise 
        of the high seas freedom to engage in exploration for, 
        and commercial recovery of, hard mineral resources of 
        the deep seabed in accordance with generally accepted 
        principles of international law recognized by the 
        United States; but
          (2) does not thereby assert sovereignty of sovereign 
        or exclusive rights or jurisdiction over, or the 
        ownership of, any areas or resources in the deep 
        seabed.
    (b) Secretary of State.--(1) The Secretary of State is 
encouraged to negotiate successfully a comprehensive Law of the 
Sea Treaty which, among other things, provides assured and 
nondiscriminatory access to the hard mineral resources of the 
deep seabed for all nations, gives legal definition to the 
principle that the resources of the deep seabed are the common 
heritage of mankind, and provides for the establishment of 
requirements for the protection of the quality of the 
environment as stringent as those promulgated pursuant to this 
Act.
    (2) Until such a Treaty is concluded, the Secretary of 
State is encouraged to promote any international actions 
necessary to adequately protect the environment from adverse 
impacts which may result from any exploration for and 
commercial recovery of hard mineral resources of the deep 
seabed carried out by persons not subject to this Act.

SEC. 4.\4\ DEFINITIONS.

    For purposes of this Act, the term--
---------------------------------------------------------------------------
    \4\ 30 U.S.C. 1403.
---------------------------------------------------------------------------
          (1) ``commercial recovery'' means--
                  (A) any activity engaged in at sea to recover 
                any hard mineral resource at a substantial rate 
                for the primary purpose of marketing or 
                commercially using such resource to earn a net 
                profit, whether or not such net profit is 
                actually earned;
                  (B) if such recovered hard mineral resource 
                will be processed at sea, such processing; and
                  (C) if the waste of such activity to recover 
                any hard mineral resource, or of such 
                processing at sea, will be disposed of at sea, 
                such disposal;
          (2) ``Continental Shelf'' means--
                  (A) the seabed and subsoil of the submarine 
                areas adjacent to the coast, but outside the 
                area of the territorial sea, to a depth of 200 
                meters or, beyond that limit, to where the 
                depth of the superjacent waters admits of the 
                exploitation of the natural resources of such 
                submarine area; and
                  (B) the selected and subsoil of similar 
                submarine areas adjacent to the coast of 
                islands;
          (3) ``controlling interest'', for purposes of 
        paragraph 14(C) of this section, means a director or 
        indirect legal or beneficial interest in or influence 
        over another person arising through ownership of 
        capital stock, interlocking directorates or officers, 
        contractual relations, or other similar means, which 
        substantially affect the independent business behavior 
        of such person;
          (4) ``deep seabed'' means the seabed, and the subsoil 
        thereof to a depth of ten meters, lying seaward of and 
        outside--
                  (A) the Continental Shelf of any nation; and
                  (B) any area of national resource 
                jurisdiction of any foreign nation, if such 
                area extends beyond the Continental Shelf of 
                such nation and such jurisdiction is recognized 
                by the United States;
          (5) ``exploration'' means--
                  (A) any at-sea observation and evaluation 
                activity which has, as its objective, the 
                establishment and documentation of--
                          (i) the nature, shape, concentration, 
                        location, and tenor of a hard mineral 
                        resource; and
                          (ii) the environmental, technical, 
                        and other appropriate factors which 
                        must be taken into account to achieve 
                        commercial recovery; and
                  (B) the taking from the deep seabed of such 
                quantities of any hard mineral resource as are 
                necessary for the design, fabrication, and 
                testing of equipment which is intended to be 
                used in the commercial recovery and processing 
                of such resource;
          (6) ``hard mineral resource'' means any deposit or 
        accretion on, or just below, the surface of the deep 
        seabed of nodules which include one or more minerals at 
        least one of which contains, manganese, nickel, cobalt, 
        or copper;
          (7) ``international agreement'' means a comprehensive 
        agreement concluded through negotiations at the Third 
        United Nations Conference on the Law of the Sea, 
        relating to (among other matters) the exploration for 
        and commercial recovery of hard mineral resources and 
        the establishment of an international regime for the 
        regulation thereof;
          (8) ``licensee'' means the holder of a license issued 
        under title I of this Act to engage in exploration;
          (9) ``permittee'' means the holder of a permit issued 
        under title I of this Act to engage in commercial 
        recovery;
          (10) ``person'' means any United States citizen, any 
        individual, and any other corporation, partnership, 
        joint venture, association, or other entity organized 
        or existing under the laws of any nation;
          (11) ``reciprocating state'' means any foreign nation 
        designated as such by the Administration under section 
        118;
          (12) ``Administrator'' means the administrator of the 
        National Oceanic and Atmospheric Administration;
          (13) ``United States'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, the United States Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States; and
          (14) ``United States citizen'' means--
                  (A) any individual who is a citizen of the 
                United States;
                  (B) any corporation, partnership, joint 
                venture, association, or other entity organized 
                or existing under the laws of any of the United 
                States; and
                  (C) any corporation, partnership, joint 
                venture, association, or other entity (whether 
                organized or existing under the laws of any of 
                the United States or a foreign nation) if the 
                controlling interest in such entity is held by 
                an individual or entity described in 
                subparagraph (A) or (B).

 TITLE I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED 
                            STATES CITIZENS

SEC. 101.\5\ PROHIBITED ACTIVITIES BY UNITED STATES CITIZENS.

    (a) Prohibited Activities and Exceptions.--(1) No United 
States citizen may engage in any exploration or commercial 
recovery unless authorized to do so under--
---------------------------------------------------------------------------
    \5\ 30 U.S.C. 1411.
---------------------------------------------------------------------------
          (A) a license or a permit issued under this title;
          (B) a license, permit, or equivalent authorization 
        issued by a reciprocating state; or
          (C) an international agreement which is in force with 
        respect to the United States.
    (2) The prohibitions of this subsection shall not apply to 
any of the following activities:
          (A) Scientific research, including that concerning 
        hard mineral resources.
          (B) Mapping, or the taking of any geophysical, 
        geochemical, oceanographic, or atmospheric measurements 
        or random bottom samplings of the deep seabed, if such 
        taking does not significantly alter the surface or 
        subsurface of the deep seabed or significantly affect 
        the environment.
          (C) The design, construction, or testing of equipment 
        and facilities which will or may be used for 
        exploration or commercial recovery, if such design, 
        construction, or testing is conducted on shore, or does 
        not involve the recovery of any incidental hard mineral 
        resources.
          (D) The furnishing of machinery, products, supplies, 
        services, or materials for any exploration or 
        commercial recovery conducted under a license or permit 
        issued under this title, a license or permit or 
        equivalent authorization issued by a reciprocating 
        state, or under an international agreement.
          (E) Activities, other than exploration or commercial 
        recovery activities, of the Federal Government.
    (b) Existing Exploration.--(1) Subsection (a)(1)(A) shall 
not be deemed to prohibit any United States citizen who is 
engaged in exploration before the effective date of this Act 
from continuing to engage in such exploration--
          (A) if such citizen applies for a license under 
        section 103(a) with respect to such exploration within 
        such reasonable period of time, after the date on which 
        initial regulations to implement section 103(a) are 
        issued, as the Administrator shall prescribe; and
          (B) until such license is issued to such citizen or a 
        final administrative or judicial determination is made 
        affirming the denial of certification of the 
        application for, or issuance of, such license.
    (2) Notwithstanding paragraph (1), if the President by 
Executive order determines that immediate suspension of 
exploration activities is necessary for the reasons set forth 
in section 106(a)(2)(B) or the Administrator determines that 
immediate suspension of activities is necessary to prevent a 
significant adverse effect on the environment or to preserve 
the safety of life and property at sea, the Administrator is 
authorized, notwithstanding any other requirement of this Act, 
to issue an emergency order requiring any United States citizen 
who is engaged in exploration before the effective date of this 
Act to immediately suspend exploration activities. The issuance 
of such emergency order is subject to judicial review as 
provided in chapter 7 of title 5, United States Code.
    (3) The timely filing of any application for a license 
under paragraph (1)(A) shall entitle the applicant to priority 
of right for the issuance of such license under section 103(b). 
In any case in which more than one application referred to in 
paragraph (1) is filed based on exploration plans required by 
section 103(a)(2) which refer to all or part of the same deep 
seabed area, the Administrator shall, in taking action on such 
applications, apply principles of equity which take into 
consideration, among other things, the date on which the 
applicants or predecessors in interest, or component 
organizations thereof, commenced exploration activities and the 
continuity and extent of such exploration and amount of funds 
expended with respect to such exploration.
    (c) Interference.--No United States citizen may interfere 
or participate in interference with any activity conducted by 
any licensee or permittee which is authorized to be undertaken 
under a license or permit issued by the United States to the 
licensee or permittee under this Act or with any activity 
conducted by the holder of, and authorized to be undertaken 
under, a license or permit or equivalent authorization issued 
by a reciprocating state for the exploration or commercial 
recovery of hard mineral resources. United States citizens 
shall exercise their rights on the high seas with reasonable 
regard for the interests of other states in their exercise of 
the freedoms of the high seas.

SEC. 102.\6\ LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL 
                    RECOVERY.

    (a) Authority To Issue.--Subject to the provisions of this 
Act, the Administrator shall issue to applicants who are 
eligible therefor licenses for exploration and permits for 
commercial recovery.
---------------------------------------------------------------------------
    \6\ 30 U.S.C. 1412.
---------------------------------------------------------------------------
    (b) Nature of Licenses and Permits.--(1) A license or 
permit issued under this title shall authorize the holder 
thereof to engage in exploration or commercial recovery, as the 
case may be, consistent with the provisions of this Act, the 
regulations issued by the Administrator to implement the 
provisions of this Act, and the specific terms, conditions, and 
restrictions applied to the license or permit by the 
Administrator.
    (2) Any license or permit issued under this title shall be 
exclusive with respect to the holder thereof as against any 
other United States legal entity organized or existing under 
the laws of, any reciprocating state.
    (3) A valid existing license shall entitle the holder, if 
otherwise eligible under the provisions of this Act and 
regulations issued under this Act, to a permit for commercial 
recovery. Such a permit recognizes the right of the holder to 
recover hard mineral resources, and to own, transport, use, and 
sell hard mineral resources recovered, under the permit and in 
accordance with the requirements of this Act.
    (4) In the event of interference with the exploration or 
commercial recovery activities of a licensee or permittee by 
nationals of other states, the Secretary of State shall use all 
peaceful means to resolve the controversy by negotiation, 
conciliation, arbitration, or resort to agreed tribunals.
    (c) Restrictions.--(1) The Administrator may not issue--
          (A) any license or permit after the date on which an 
        international agreement is ratified by and enters into 
        force with respect to the United States, except to the 
        extent that issuance of such license or permit is not 
        inconsistent with such agreement;
          (B) any license or permit the exploration plan or 
        recovery plan of which, submitted pursuant to section 
        103(a)(2), would apply to an area to which applies, or 
        would conflict with, (i) any exploration plan or 
        recovery plan submitted with any pending application to 
        which priority of right for issuance applies under 
        section 103(b), (ii) any exploration plan or recovery 
        plan associated with any existing license or permit, or 
        (iii) any equivalent authorization which has been 
        issued, or for which formal notice of application has 
        been submitted, by a reciprocating state prior to the 
        filing date of any relevant application for licenses or 
        permits pursuant to this title;
          (C) a permit authorizing commercial recovery within 
        any area of the deep seabed in which exploration is 
        authorized under a valid existing license if such 
        permit is issued to other than the licensee for such 
        area;
          (D) any exploration license before July 1, 1981, or 
        any permit which authorizes commercial recovery to 
        commence before January 1, 1983;
          (E) any license or permit the exploration plan or 
        recovery plan for which applies to any area of the deep 
        seabed if, within the 3-year period before the date of 
        application for such license or permit, (i) the 
        applicant therefor surrendered or relinquished such 
        area under an exploration plan or recovery plan 
        associated with a previous license or permit issued to 
        such applicant, or (ii) a license or permit previously 
        issued to the applicant had an exploration plan or 
        recovery plan which applied to such area and such 
        license or permit was revoked under section 106; or
          (F) a license or permit, or approve the transfer of a 
        license or permit, except to a United States citizen.
    (2) No permittee may use any vessel for the commercial 
recovery of hard mineral resources or for the processing at sea 
at hard mineral resources recovered under the permit issued to 
the permittee unless the vessel is documented under the laws of 
the United States.
    (3) Each permittee shall use at least one vessel documented 
under the laws of the United States for the transportation from 
each mining site of hard mineral resources recovered under the 
permit issued to the permittee.
    (4) For purposes of the shipping laws of the United States, 
any vessel documented under the laws of the United States and 
used in the commercial recovery, processing, or transportation 
from any mining site of hard mineral resources recovered under 
a permit issued under this title shall be deemed to be used in, 
and used in an essential service in, the foreign commerce of 
foreign trade of the United States, as defined in section 
905(a) of the Merchant Marine Act, 1936, and shall be deemed to 
be a vessel as defined in section 1101(b) of that Act.
    (5) Except as otherwise provided in this paragraph, the 
processing on land of hard mineral resources recovered pursuant 
to a permit shall be conducted within the United States; 
Provided, That the President does not determine that such 
restrictions contravene the overriding national interests of 
the United States. The Administrator may allow the processing 
of hard mineral resources at a place other than within the 
United States if he finds, after opportunity for an agency 
hearing, that--
          (A) the processing of the quantity concerned of such 
        resource at a place other than within the United States 
        is necessary for the economic viability of the 
        commercial recovery activities of a permittee; and
          (B) satisfactory assurances have been given by the 
        permittee that such resource, after processing, to the 
        extent of the permittee's ownership therein, will be 
        returned to the United States for domestic use, if the 
        Administrator so requires after determining that the 
        national interest necessitates such return.

SEC. 103.\7\ LICENSE AND PERMIT APPLICATIONS, REVIEW, AND 
                    CERTIFICATION.

    (a) Applications.--(1) Any United States citizen may apply 
to the Administrator for the issuance of transfer of a license 
for exploration or a permit for commercial recovery.
---------------------------------------------------------------------------
    \7\ 30 U.S.C. 1413.
---------------------------------------------------------------------------
    (2)(A) Applications for issuance or transfer of license for 
exploration and permits for commercial recovery shall be made 
in such form and manner as the Administrator shall prescribe in 
general and uniform regulations and shall contain such relevant 
financial, technical, and environmental information as the 
Administrator may by regulations require as being necessary and 
appropriate for carrying out the provisions of this title. In 
accordance with such regulations, each applicant for the 
issuance of a license shall submit an exploration plan as 
described in subparagraph (B), and each applicant for a permit 
shall submit a recovery plan as described in subparagraph (C).
    (B) The exploration plan for a license shall set forth the 
activities proposed to be carried out during the period of the 
license, describe the area to be explored, and include the 
intended exploration schedule and methods to be used, the 
development and testing of systems for commercial recovery to 
take place under the terms of the license, an estimated 
schedule of expenditures, measures to protect the environment 
and to monitor the effectiveness of environmental safeguards 
and monitoring systems for commercial recovery, and such other 
information as is necessary and appropriate to carry out the 
provisions of this title. The area set forth in an exploration 
plan shall be of sufficient size to allow for intensive 
exploration.
    (C) The recovery plan for a permit shall set forth the 
activities proposed to be carried out during the period of the 
permit, and shall include the intended schedule of commercial 
recovery, environmental safeguards and monitoring systems, 
details of the area or areas proposed for commercial recovery, 
a resource assessment thereof, the methods and technology to be 
used for commercial recovery and processing, the methods to be 
used for disposal of wastes from recovery and processing, and 
such other information as is necessary and appropriate to carry 
out the provisions of this title.
    (D) The applicant shall select the size and location of the 
area of the exploration plan or recovery plan, which area shall 
be approved unless the Administrator finds that--
          (i) the area is not a logical mining unit; or
          (ii) commercial recovery activities in the proposed 
        location would result in a significant adverse impact 
        on the quality of the environment which cannot be 
        avoided by the imposition of reasonable restrictions.
    (E) For purposes of subparagraph (D), ``logical mining 
unit'' means--
          (i) in the case of a license for exploration, an area 
        of the deep seabed which can be explored under the 
        license in an efficient economical, and orderly manner 
        with due regard for conservation and protection of the 
        environment, taking into consideration the resource 
        data, other relevant physical and environmental 
        characteristics, and the state of the technology of the 
        applicant as set forth in the exploration plan; or
          (ii) in the case of a permit, an area of the deep 
        seabed--
                  (I) in which hard mineral resources can be 
                recovered in sufficient quantities to satisfy 
                the permittee's estimated production 
                requirements over the initial 20-year term of 
                the permit in an efficient, economical, and 
                orderly manner with due regard for conservation 
                and protection of the environment, taking into 
                consideration the resource data, other relevant 
                physical and environmental characteristics, and 
                the state of the technology of the applicant 
                set out in the recovery plan;
                  (II) which is not larger than is necessary to 
                satisfy the permittee's estimated production 
                requirements over the initial 20-year term of 
                the permit; and
                  (III) in relation to which the permittee's 
                estimated production requirements are not found 
                by the Administrator to be unreasonable.
    (b) Priority of Right for Issuance.--Subject to section 
101(b), priority of right for the issuance of licenses to 
applicants shall be established on the basis of the 
chronological order in which license applications which are in 
substantial compliance with the requirements established under 
subsection (a)(2) of this section are filed with the 
Administrator. Priority of right shall not be lost in the case 
of any application filed which is in substantial but not full 
compliance with such requirements if the applicant thereafter 
brings the application into conformity with such requirements 
within such reasonable period of time as the Administrator 
shall prescribe in regulations.
    (c) Eligibility for Certification.--Before the 
Administrator may certify any application for issuance or 
transfer of a license for exploration or permit for commercial 
recovery, the Administrator must find in writing, after 
consultation with other departments and agencies pursuant to 
subsection (e) of this section, that--
          (1) the applicant has demonstrated that, upon 
        issuance or transfer of the license or permit, the 
        applicant will be financially responsible to meet all 
        obligations which may be required of a licensee or 
        permittee to engage in the exploration or commercial 
        recovery proposed in the application;
          (2) the applicant has demonstrated that, upon 
        issuance or transfer of the license or permit, the 
        applicant will have the technological capability to 
        engage in such exploration or commercial recovery;
          (3) the applicant has satisfactorily fulfilled all 
        obligations under any license or permit previously 
        issued or transferred to the applicant under this Act; 
        and
          (4) the proposed exploration plan or recovery plan of 
        the applicant meets the requirements of this Act and 
        the regulations issued under this Act.
    (d) Antitrust Review.--(1) Whenever the Administrator 
receives any application for issuance or transfer of a license 
for exploration or permit for commercial recovery, the 
Administrator shall transmit promptly a complete copy of such 
application to the Attorney General of the United States and 
the Federal Trade Commission.
    (2) The Attorney General and the Federal Trade Commission 
shall conduct such antitrust review of the application as they 
deem appropriate and shall, if they deem appropriate, advise 
the Administrator of the likely effects of such issuance or 
transfer on competition.
    (3) The Attorney General and the Federal Trade Commission 
may make any recommendations they deem advisable to avoid any 
action upon such application by the Administrator which would 
create or maintain a situation inconsistent with the antitrust 
laws. Such recommendations may include, without limitation, the 
denial of issuance or transfer of the license or permit or 
issuance or transfer upon such terms and conditions as may be 
appropriate.
    (4) Any advice or recommendation submitted by the Attorney 
General or the Federal Trade Commission pursuant to this 
subsection shall be submitted within 90 days after receipt by 
them of the application. The Administrator shall not issue or 
transfer the license or permit during that 90-day period, 
except upon written confirmation by the Attorney General and 
the Federal Trade Commission that neither intends to submit any 
further advice or recommendation with respect to the 
application.
    (5) If the Administrator decides to issue or transfer the 
license or permit with respect to which denial of the issuance 
or transfer of the license or permit has been recommended by 
the Attorney General or the Federal Trade Commission, or to 
issue or transfer the license or permit without imposing those 
terms and conditions recommended by the Attorney General or the 
Federal Trade Commission as appropriate to prevent any 
situation inconsistent with the antitrust laws, the 
Administrator shall, prior to or upon issuance or transfer of 
the license or permit, notify the Attorney General and the 
Federal Trade Commission of the reasons for such decision.
    (6) The issuance or transfer of a license or permit under 
this title shall not be admissible in any way as a defense to 
any civil or criminal action for violation of the antitrust 
laws of the United States, nor shall it in any way modify or 
abridge any private right of action under such laws.
    (7) As used in this subsection, the term ``antitrust laws'' 
means the Act of July 2, 1890 (commonly known as the Sherman 
Act; 15 U.S.C. 1-7); sections 73 through 76 \8\ of the Act of 
August 27, 1894 (commonly known as the Wilson Tariff Act; 15 
U.S.C. 8-11); the Clayton Act (15 U.S.C. 12 et seq.); the Act 
of June 19, 1936 (commonly known as the Robinson-Patman Price 
Discrimination Act; 15 U.S.C. 13-13b and 21a); and the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.).
---------------------------------------------------------------------------
    \8\ Sec. 14102(c)(2)(E) of Public Law 107-273 (116 Stat. 1921) 
struck out ``77'' and inserted in lieu thereof ``76''.
---------------------------------------------------------------------------
    (e) Other Federal Agencies.--The Administrator shall 
provide by regulation for full consultation and cooperation, 
prior to certification of an application for the issuance or 
transfer of any license for exploration or permit for 
commercial recovery and prior to the issuance or transfer of 
such a license or permit, with other Federal agencies or 
departments which have programs or activities within their 
statutory responsibilities which would be affected by the 
activities proposed in the application for the issuance or 
transfer of a license or permit. Not later than 30 days after 
the date of enactment of this Act, the heads of any Federal 
departments or agencies having expertise concerning, or 
jurisdiction over, any aspect of the recovery or processing of 
hard mineral resources shall transmit to the Administrator 
written comments as to their expertise or statutory 
responsibilities pursuant to this Act or any other Federal law. 
To the extent possible, such agencies shall cooperate to reduce 
the number of separate actions required to satisfy the 
statutory responsibilities of these agencies. The Administrator 
shall transmit to each such agency or department a complete 
copy of each application and each such agency or department, 
based on its legal responsibilities and authorities, may, not 
later than 60 days after receipt of the application, recommend 
certification of the application, issuance or transfer of the 
license or permit, or denial of such certification, issuance, 
or transfer. In any case in which an agency or department 
recommends such a denial, it shall set forth in detail the 
manner in which the area of responsibility and shall indicate 
how the application may be amended, or how terms, conditions, 
or restrictions might be added to the license or permit, to 
assure compliance with such law or regulation.
    (f) Review Period.--All time periods for the review of an 
application for issuance or transfer of a license or permit 
established pursuant to this section shall, to the maximum 
extent practicable, run concurrently from the date on which the 
application is received by the Administrator.
    (g) Application Certification.--Upon making the applicable 
determinations and findings required in sections 101, 102, and 
this section with respect to any applicant for the issuance or 
transfer of a license or a permit and the exploration or 
commercial recovery proposed by such applicant, after 
completion of procedures for receiving the application required 
by this Act, and upon payment by the applicant of the fee 
required under section 104, the Administrator shall certify the 
application for the issuance or transfer of the license or 
permit. The Administrator, to the maximum extent possible, 
shall endeavor to complete certification action on the 
application within 100 days after its submission. If final 
certification or denial of certification has not occurred 
within 100 days after submission of the application, the 
Administrator shall inform the applicant in writing of the then 
pending unresolved issues, the Administrator's efforts to 
resolve them, and an estimate of the time required to do so.
---------------------------------------------------------------------------
    \9\ 30 U.S.C. 1414.
---------------------------------------------------------------------------

SEC. 104.\9\ LICENSE AND PERMIT FEES.

    No application for the issuance or transfer of a license 
for exploration or permit for commercial recovery shall be 
certified unless the applicant pays to the Administrator a 
reasonable administrative fee which shall be deposited into 
miscellaneous receipts of the Treasury. The amount of the 
administrative fee imposed by the Administrator on any 
applicant shall reflect the reasonable administrative costs 
incurred in reviewing and processing the application.

SEC. 105.\10\ LICENSE AND PERMIT TERMS, CONDITIONS, AND RESTRICTIONS; 
                    ISSUANCE AND TRANSFER OF LICENSES AND PERMITS.

    (a) Eligibility for Issuance or Transfer of License or 
Permit.--Before issuing or transferring a license for 
exploration or permit for commercial recovery, the 
Administrator must find in writing, after consultation with 
interested departments and agencies pursuant to section 103(e), 
and upon considering public comments received with respect to 
the license or permit, that the exploration or commercial 
recovery proposed in the application--
---------------------------------------------------------------------------
    \10\ 30 U.S.C. 1415.
---------------------------------------------------------------------------
          (1) will not unreasonably interfere with the exercise 
        of the freedoms of the high seas by other states, as 
        recognized under general principles of international 
        law;
          (2) will not conflict with any international 
        obligation of the United States established by any 
        treaty or international convention in force with 
        respect to the United States; 
          (3) will not create a situation which may reasonably 
        be expected to lead to a breach of international peace 
        and security involving armed conflict;
          (4) cannot reasonably be expected to result in a 
        significant adverse effect on the quality of the 
        environment, taking into account the analyses and 
        information in any applicable environmental impact 
        statement prepared pursuant to section 109(c) or 
        109(d); and
          (5) will not pose an inordinate threat to the safety 
        of life and property at sea.
    (b) Issuance and Transfer of Licenses and Permits With 
Terms, Conditions, and Restrictions.--(1) Within 180 days after 
certification of any application for the issuance or transfer 
of a license or permit under section 103(g), the Administrator 
shall propose terms and conditions for, and restrictions on, 
the exploration or commercial recovery proposed in the 
application which are consistent with the provisions of this 
Act and regulations issued under this Act. If additional time 
is needed, the Administrator shall notify the applicant in 
writing of the reasons for the delay and indicate the 
approximate date on which the proposed terms, conditions, and 
restrictions will be completed. The Administrator shall provide 
to each applicant a written statement of the proposed terms, 
conditions, and restrictions. Such terms, conditions, and 
restrictions shall be generally specified in regulations with 
general criteria and standards to be used in establishing such 
terms, conditions and restrictions for a license or permit and 
shall be uniform in all licenses or permits, except to the 
extent that differing physical and environmental conditions 
require the establishment of special terms, conditions, and 
restrictions for the conservation of natural resources, 
protection of the environment, or the safety of life and 
property at sea.
    (2) After preparation and consideration of the final 
environmental impact statement pursuant to section 109(d) on 
the proposed issuance of a license or permit and subject to the 
other provisions of this Act, the Administrator shall issue to 
the applicant the license or permit with the terms, conditions, 
and restrictions incorporated therein.
    (3) The licensee or permittee to whom a license or permit 
is issued or transferred shall be deemed to have accepted the 
terms, conditions, and restrictions in the license or permit if 
the licensee or permittee does not notify the Administrator 
within 60 days after receipt of the license or permit of each 
term, condition, and restriction with which the licensee or 
permittee takes exception. The licensee or permittee, may, in 
addition to such objections as may be raised under applicable 
provisions of law, object to any term, condition, or 
restriction on the ground that the term, condition, or 
restriction is inconsistent with the Act or the regulations 
promulgated thereunder. If, after the Administrator takes final 
action on these objections, the licensee or permittee 
demonstrates that a dispute remains on a material issue of 
fact, the licensee or permittee is entitled to a decision on 
record after the opportunity for an agency hearing pursuant to 
sections 556 and 557 of title 5, United States Code. Any such 
decision made by the Administrator shall be subject to judicial 
review as provided in chapter 7 of title 5, United States Code.
    (c) Modification and Revision of Terms, Conditions, and 
Restrictions.--(1) After the issuance or transfer of any 
license or permit under subsection (b), the Administrator, 
after consultation with interested agencies and the licensee or 
permittee, may modify any term, condition, or restriction in 
such license or point--
          (A) to avoid unreasonable interference with the 
        interests of other states in their exercise of the 
        freedoms of the high seas, as recognized under general 
        principles of international law;
          (B) if relevant data and other information 
        (including, but not limited to, data resulting from 
        exploration or commercial recovery activities under the 
        license or permit) indicate that modification is 
        required to protect the quality of the environment or 
        to promote the safety of life and property at sea and 
        if such modification is consistent with the regulations 
        issued to carry out section 109(b);
          (C) to avoid a conflict with any international 
        obligation of the United States, established by any 
        treaty or convention in force with respect to the 
        United States, as determined in writing by the 
        President; or
          (D) to avoid any situation which may reasonably be 
        expected to lead to a breach of international peace in 
        writing by the President.
    (2) During the term of a license or a permit, the licensee 
or permittee may submit to the Administrator an application for 
a revision of the license or permit or the exploration plan or 
recovery plan associated with the license or permit. The 
Administrator shall approve such application upon a finding in 
writing that the revision will comply with the requirements of 
this Act and the regulations issued under this Act.
    (3) The Administrator shall establish, by regulation, 
guidelines for a determination of the scale or extent of a 
proposed modification or revision for which any or all license 
or permit application requirements and procedures, including a 
public hearing, shall apply. Any increase in the size of the 
area, or any change in the location of an area, to which an 
exploration plan or a recovery plan applies, except an 
incidental increase or change, must be made by application for 
another license or permit.
    (4) The procedures set forth in subsection (b)(3) of this 
section shall apply with respect to any modification under this 
subsection in the same manner, and to the same extent, as if 
such modification were an initial term, condition, or 
restriction proposed by the Administrator.
    (d) Prior Consultations.--Prior to making a determination 
to issue, transfer, modify, or renew a license or permit under 
this section, the Administrator shall consult with any affected 
Regional Fishery Management Council established pursuant to 
section 302 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852),\11\ if the activities 
undertaken pursuant to such license or permit could adversely 
affect any fishery within the Fishery Conservation Zone, or any 
anadromous species or Continental Shelf fishery resource 
subject to the exclusive management authority of the United 
States beyond such zone.
---------------------------------------------------------------------------
    \11\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 106.\12\ DENIAL OF CERTIFICATION OF APPLICATIONS AND OF ISSUANCE, 
                    TRANSFER, SUSPENSION, AND REVOCATION OF LICENSES 
                    AND PERMITS; SUSPENSION AND MODIFICATION OF 
                    ACTIVITIES.

    (a) Denial, Suspension, Modification, and Revocation.--(1) 
The Administration may deny certification of an application for 
the issuance or transfer of, and may deny the issuance or 
transfer of, a license for exploration or permit for commercial 
recovery if the Administrator finds that the applicant, or the 
activities proposed to be undertaken by the applicant, do not 
meet the requirements set forth in section 103(c), section 
105(a), or in any other provision of this Act, or any 
regulation issued under this Act, for the issuance or transfer 
of a license or permit.
---------------------------------------------------------------------------
    \12\ 30 U.S.C. 1416.
---------------------------------------------------------------------------
    (2) The Administrator may--
          (A) in addition to, or in lieu of, the imposition of 
        any civil penalty under section 302(a), or in addition 
        to the imposition of any fine under section 303, 
        suspend or revoke any license or permit issued under 
        this Act, or suspend or modify any particular 
        activities under such a license or permit, if the 
        licensee or permittee, as the case may be, 
        substantially fails to comply with any provision of 
        this Act, any regulation issued under this Act, or any 
        term, condition, or restriction of the license or 
        permit; and
          (B) suspend or modify particular activities under any 
        license or permit, if the President determines that 
        such suspension or modification is necessary (i) to 
        avoid any conflict with any international obligation of 
        the United States established by any treaty or 
        convention in force with respect to the United States, 
        or (ii) to avoid any situation which may reasonably be 
        expected to lead to a breach of international peace and 
        security involving armed conflict.
    (3) No action may be taken by the Administrator to deny 
issuance or transfer of or to revoke any license or permit or, 
except as provided in subsection (c), to suspend any license or 
permit or suspend or modify particular activities under a 
license or permit, unless the Administrator--
          (A) publishes in the Federal Register and gives the 
        applicant, licensee, or permittee, as the case may be, 
        written notice of the intention of the Administrator to 
        deny the issuance or transfer of or to suspend, modify, 
        or revoke the license or permit and the reason 
        therefor; and
          (B) if the reason for the proposed denial, 
        suspension, modification, or revocation is a deficiency 
        which the applicant, licensee, or permittee can 
        correct, affords the applicant, licensee, or permittee 
        a reasonable time, but not more than 180 days from the 
        date of the notice or such longer period as the 
        Administrator may establish for good cause shown, to 
        correct such deficiency.
    (4) The Administrator shall deny issuance or transfer of, 
or suspend or revoke, any license or permit or order the 
suspension or modification of particular activities under a 
license or permit--
          (A) on the thirtieth day after the date of the notice 
        given to the applicant, licensee, or permittee under 
        paragraph (3)(A) unless before such day the applicant, 
        licensee, or permittee requests a review of the 
        proposed denial, suspension, modification, or 
        revocation; or
          (B) on the last day of the period established under 
        paragraph (3)(B) in which the applicant, licensee, or 
        permittee must correct a deficiency, if such correction 
        has not been made before such day.
    (b) Administrative Review of Proposed Denial, Suspension, 
Modification, or Revocation.--Any applicant, licensee, or 
permittee, as the case may be, who makes a timely request under 
subsection (a) for review of a denial of issuance or transfer, 
or a suspension or revocation, or a license for exploration or 
permit for commercial recovery, or a suspension or modification 
of particular activities under such a license or permit, is 
entitled to an adjudication on the record after an opportunity 
for an agency hearing with respect to such denial or 
suspension, revocation, or modification.
    (c) Effect on Activities; Emergency Orders.--The issuance 
of any notice of proposed suspension or revocation of a license 
for exploration or permit for commercial recovery or proposed 
suspension or modification of particular activities under such 
a license or permit shall not affect the continuation of 
exploration or commercial recovery activities by the licensee 
or permittee. The provisions of paragraphs (3) and (4) of 
subsection (a) and the first sentence of this subsection shall 
not apply when the President determines by Executive order that 
an immediate suspension of a license for exploration or permit 
for commercial recovery, or immediate suspension or 
modification of particular activities under such a license or 
permit, is necessary for the reasons set forth in subsection 
(a)(2)(B), or the Administrator determines that an immediate 
suspension of such a license or permit, or immediate suspension 
or modification of particular activities under such a license 
or permit, is necessary to prevent a significant adverse effect 
on the environment or to preserve the safety of life and 
property at sea, and the Administrator issues an emergency 
order requiring such immediate suspension.
    (d) Judicial Review.--Any determination of the 
Administrator, after any appropriate administrative review 
under subsection (b), to certify or deny certification of an 
application for the issuance or transfer of, or to issue, deny 
issuance of, transfer, deny the transfer of, modify, renew, 
suspend, or revoke any license for exploration or permit for 
commercial recovery, or suspend or modify particular activities 
under such a license or permit, or any immediate suspension of 
such a license or permit, or immediate suspension or 
modification of particular activities under such a license or 
permit, pursuant to subsection (c), is subject to judicial 
review as provided in chapter 7 of title 5, United States Code.

SEC. 107.\13\ DURATION OF LICENSES AND PERMITS.

    (a) Duration of a License.--Each license for exploration 
shall be issued for a period of 10 years. If the license has 
substantially complied with the license and the exploration 
plan associated therewith and has requested extensions of the 
license, the Administrator shall extend the license on terms, 
conditions, and restrictions consistent with this Act and the 
regulations issued under this Act for periods of not more than 
5 years each.
---------------------------------------------------------------------------
    \13\ 30 U.S.C. 1417.
---------------------------------------------------------------------------
    (b) Duration of a Permit.--Each permit for commercial 
recovery shall be issued for a term of 20 years and for so long 
thereafter as hard mineral resources are recovered annually in 
commercial quantities from the area to which the recovery plan 
associated with the permit applies. The permit of any permittee 
who is not recovering hard mineral resources in commercial 
quantities at the end of 10 years shall be terminated; except 
that the Administrator shall for good cause shown, including 
force majeure, adverse economic conditions, unavoidable delays 
in construction, major unanticipated vessel repairs that 
prevent the permittee from conducting commercial recovery 
activities during an annual period, or other circumstances 
beyond the control of the permittee, extend the 10-year period, 
but not beyond the initial 20-year term of the permit.

SEC. 108.\14\ DILIGENCE REQUIREMENTS.

    (a) In General.--The exploration plan or recovery plan and 
the terms, conditions, and restrictions of each, license and 
permit issued under this title shall be designed to assure 
diligent development. Each licensee shall pursue diligently the 
activities described in the exploration plan of the licensee, 
and each permittee shall pursue diligently the activities 
described in the recovery plan of the permittee.
---------------------------------------------------------------------------
    \14\ 30 U.S.C. 1418.
---------------------------------------------------------------------------
    (b) Expenditures.--Each license shall require such periodic 
reasonable expenditures for exploration by the licensee as the 
Administrator shall establish, taking into account the size of 
the area of the deep seabed to which the exploration plan 
associated with the license applies and the amount of funds 
which is estimated by the Administrator to be required for 
commercial recovery of hard mineral resources to begin within 
the time limit established by the Administrator. Such required 
expenditures shall not be established at a level which would 
discourage exploration by persons with less costly technology 
than is prevalently in use.
    (c) Commercial Recovery.--Once commercial recovery is 
achieved, the Administrator shall, within reasonable limits and 
taking into consideration all relevant factors, require the 
permittee to maintain commercial recovery throughout the period 
of the permit; except that the Administrator shall for good 
cause shown, including force majeure, adverse economic 
conditions, or other circumstances beyond the control of the 
permittee, authorize the temporary suspension of commercial 
recovery activities. The duration of such a suspension shall 
not exceed one year at any one time, unless the Administrator 
determines that conditions justify an extension of the 
suspension.

SEC. 109.\15\ PROTECTION OF THE ENVIRONMENT.

    (a) Environment Assessment.--(1) Deep ocean mining 
environmental study (domes).--The Administrator shall expand 
and accelerate the program assessing the effects on the 
environment from exploration and commercial recovery 
activities, including sea-based processing and the disposal at 
sea of processing wastes, so as to provide an assessment, as 
accurate as practicable, of environmental impacts of such 
activities for the implementation of subsections (b), (c), and 
(d).
---------------------------------------------------------------------------
    \15\ 30 U.S.C. 1419.
---------------------------------------------------------------------------
    (2) Supporting ocean research.--The Administrator also 
shall conduct a continuing program of ocean research to support 
environmental assessment activity through the period of 
exploration and commercial recovery authorized by this Act. The 
program shall include the development, acceleration, and 
expansion, as appropriate, of studies of the ecological, and 
physical aspects of the deep seabed in general areas of the 
ocean where exploration and commercial development under the 
authority of this Act are likely to occur, including, but not 
limited to--
          (A) natural diversity of the deep seabed biota;
          (B) life histories of major benthic, midwater, and 
        surface organism most likely to be affected by 
        commercial recovery activities;
          (C) long- and short-term effects of commercial 
        recovery on the deep seabed biota; and
          (D) assessment of the effects of seabased processing 
        activities.
Within 160 days after the date of enactment of this Act, the 
Administrator shall prepare a plan to carry out the program 
described in this subsection, including necessary funding 
levels for the next five fiscal years, and shall submit the 
plan to the Congress.
    (b) Terms, Conditions, and Restrictions.--Each license and 
permit issued under this title shall contain such terms, 
conditions, and restrictions, established by the Administrator, 
which prescribe the actions the license or permittee shall take 
in the conduct of exploration and commercial recovery 
activities to assure protection of the environment. The 
Administrator shall require in all activities under new 
permits, and wherever practicable in activities under existing 
permits, the use of the best available technologies for the 
protection of safety, health, and the environment wherever such 
activities would have a significant effect on safety, health, 
or the environment, except where the Administrator determines 
that the incremental benefits are clearly insufficient to 
justify the incremental costs of using such technologies. 
Before establishing such terms, conditions, and restrictions, 
the Administrator shall consult with the Administrator of the 
Environmental Protection Agency, the Secretary of State, and 
the Secretary of the department in which the Coast Guard is 
operating, concerning such terms, conditions, and restrictions, 
and the Administrator shall take into account and give due 
consideration to the information contained in each final 
environmental impact statement prepared with respect to such 
license or permit pursuant to subsection (d).
    (c) Programmatic Environmental Impact Statement.--(1) If 
the Administrator, in consultation with the Administrator of 
the Environmental Protection Agency and with assistance of 
other appropriate Federal agencies, determines that a 
programmatic environmental impact statement is required, the 
Administrator shall, as soon as practicable after the enactment 
of this act, with respect to the areas of the oceans in which 
any United States citizen is expected to undertake exploration 
and commercial recovery under the authority of this Act--
          (A) prepare and publish draft programmatic 
        environmental impact statements which assess the 
        environmental impacts of exploration and commercial 
        recovery in such areas;
          (B) afford all interested parties a reasonable time 
        after such dates of publication to submit comments to 
        the Administrator on such draft statements; and
          (C) thereafter prepare (giving full consideration to 
        all comments submitted under subparagraph (B)) and 
        publish final programmatic environmental impact 
        statements regarding such areas.
    (2) With respect to the area of the oceans in which 
exploration and commercial recovery by any United States 
citizen will likely first occur under the authority of this 
Act, the Administrator shall prepare a draft and final 
programmatic environmental impact statement as required under 
paragraph (1), except that--
          (A) the draft programmatic environmental impact 
        statement shall be prepared and published as soon as 
        practicable but not later than 270 days (or such longer 
        period as the Administrator may establish for good 
        cause shown) after the date of enactment of this Act; 
        and
          (B) the final programmatic environmental impact 
        statement shall be prepared and published within 180 
        days (or such longer period as the Administrator may 
        establish for good cause shown) after the date on which 
        the draft statement is published.
    (d) Environmental Impact Statements on Issuance of Licenses 
and Permits.--The issuance of, but not the certification of an 
application for, any license or permit under this title shall 
be deemed to be a major Federal action significantly affecting 
the quality of the human environment for purposes of section 
102 of the National Environmental Policy Act of 1969. In 
preparing an environmental impact statement pursuant to this 
subsection, the Administrator shall consult with the agency 
heads referred to in subsection (b) and shall take into 
account, and give due consideration to, the relevant 
information contained in any applicable studies and any other 
environmental impact statement prepared pursuant to this 
section. Each draft environmental impact statement prepared 
pursuant to this subsection shall be published, with the terms, 
conditions, and restrictions proposed pursuant to section 
105(d), within 180 days (or such longer period as the 
Administrator may establish for good cause shown in writing) 
following the date on which the application for the license or 
permit concerned is certified by the Administrator. Each final 
environmental impact statement shall be published 180 days (or 
such longer period as the Administrator may establish for good 
cause shown in writing) following the date on which the draft 
environmental impact statement is published.
    (e) Effect on Other Law.--For the purposes of this Act, any 
vessel or other floating craft engaged in commercial recovery 
or exploration shall not be deemed to be ``a vessel or other 
floating craft'' under section 502(12)(B) of the Clean Water 
Act and any discharge of a pollutant from such vessel or other 
floating craft shall be subject to the Clean Water Act.
    (f) Stable Reference Areas.--
          (1) Within one year after the enactment of this Act 
        the Secretary of State shall, in cooperation with the 
        Administrator and as part of the international 
        consultations pursuant to subsection 118(f), negotiate 
        with all nations that are identified in such subsection 
        for the purpose of establishing international stable 
        reference areas in which no mining shall take place: 
        Provided, however, That this subsection shall not be 
        construed as requiring any substantial withdrawal of 
        deep seabed areas from deep seabed mining authorized by 
        this Act.
          (2) Nothing in this Act shall be construed as 
        authorizing the United States to unilaterally establish 
        such reference area or areas nor shall the United 
        States recognize the unilateral claim to such reference 
        area or areas by any State.
          (3) Within four years after the enactment of this 
        Act, the Secretary of State shall submit a report to 
        Congress on the progress of establishing such stable 
        reference areas, including the designation of 
        appropriate zones to insure a representative and stable 
        biota of the deep seabed.
          (4) For purposes of this section ``stable reference 
        areas'' shall mean an area or areas of the deep seabed 
        to be used as a reference zone or zones for purposes of 
        resource evaluation and environmental assessment of 
        deep seabed mining in which no mining will occur.

SEC. 110.\16\ CONSERVATION OF NATURAL RESOURCES.

    For the purpose of conservation of natural resources, each 
license and permit issued under this title shall contain, as 
needed, terms, conditions, and restrictions which have due 
regard for the prevention of waste and the future opportunity 
for the commercial recovery of the unrecovered balance of the 
hard mineral resources in the area to which the license or 
permit applies. In establishing these terms, conditions, and 
restrictions, the Administrator shall consider the state of the 
technology, the processing system utilized and the value and 
potential use of any waste, the environmental effects of the 
exploration or commercial recovery activities, economic and 
resource data, and the national need for hard mineral 
resources. As used in this Act, the term ``conservation of 
natural resources'' is not intended to grant, imply, or create 
any inference of production controls or price regulation, in 
particular those which would affect the volume of production, 
prices, profits, markets, or the decision of which minerals or 
metals are to be recovered, except as such efforts may be 
incidental to actions taken pursuant to this section.
---------------------------------------------------------------------------
    \16\ 30 U.S.C. 1420.
---------------------------------------------------------------------------

SEC. 111.\17\ PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH 
                    SEAS.

    Each license and permit issued under this title shall 
include such restrictions as may be necessary and appropriate 
to ensure that exploration or commercial recovery activities 
conducted by the licensee or permittee do not unreasonably 
interfere with the interests of other states in their exercise 
of the freedoms of the high seas, as recognized under general 
principles of international law.
---------------------------------------------------------------------------
    \17\ 30 U.S.C. 1421.
---------------------------------------------------------------------------

SEC. 112.\18\ SAFETY OF LIFE AND PROPERTY AT SEA.

    (a) Conditions Regarding Vessels.--The Secretary of the 
department in which the Coast Guard is operating, in 
consultation with the Administrator, shall require in any 
license or permit issued under this title, in conformity with 
principles of international law, that vessels documented under 
the laws of the United States and used in activities authorized 
under the license or permit comply with conditions regarding 
the design, construction, alteration, repair, equipment, 
operation, manning, and maintenance relating to vessel and crew 
safety and the promotion of safety of life and property at sea.
---------------------------------------------------------------------------
    \18\ 30 U.S.C. 1422.
---------------------------------------------------------------------------
    (b) Applicability of Other Laws.--Notwithstanding any other 
provision of law, any vessel described in subsection (a) shall 
be subject to the provisions of the International Voyage Load 
Line Act of 1973, and to the provisions of titles 52 and 53 of 
the Revised Statutes and all Acts amendatory thereof or 
supplementary thereto.

SEC. 113.\19\ RECORDS, AUDITS, AND PUBLIC DISCLOSURE.

    (a) Records and Audits.--(1) Each licensee and permittee 
shall keep such records, consistent with standard accounting 
principles, as the Administrator shall by regulation prescribe. 
Such records shall include information which will fully 
disclose expenditures for exploration and commercial recovery, 
including processing of hard mineral resources, and such other 
information as will facilitate an effective audit of such 
expenditures.
---------------------------------------------------------------------------
    \19\ 30 U.S.C. 1423.
---------------------------------------------------------------------------
    (2) The Administrator and the Comptroller General of the 
United States, or any of their duly authorized representatives 
shall have access, for purposes of audit and examination, to 
any books, documents, papers, and records of licensees and 
permittees which are necessary and directly pertinent to verify 
the expenditures referred to in paragraph (1).
    (b) Submission of Data and Information.--Each licensee and 
permittee shall be required to submit to the Administrator such 
data or other information as the Administrator may reasonably 
need for purposes of making determinations with respect to the 
issuance, revocation, modification, or suspension of any 
license or permit; compliance with the reporting requirement 
contained in section 309; and evaluation of the exploration or 
commercial recovery activities conducted by the licensee or 
permittee.
    (c) Public Disclosure.--Copies of any document, report, 
communication, or other record maintained or received by the 
Administrator containing data or information required under 
this title shall be made available to any person upon any 
request which (1) reasonably describes such record and (2) is 
made in accordance with rules adopted by the Administrator 
stating the time, place, fees (if any, not to exceed the direct 
cost of the services rendered), and procedures to be followed, 
except that neither the Administrator nor any other officer or 
employee of the United States may disclose any data or 
information knowingly and willingly required under this title 
the disclosure of which is prohibited by section 1905 of title 
18, United States Code. Any officer or employee of the United 
States who discloses data or information in violation of this 
subsection shall be subject to the penalties set forth in 
section 303(b) of this Act.

SEC. 114.\20\ MONITORING OF ACTIVITIES OF LICENSEES AND PERMITTEES.

    Each license and permit issued under this title shall 
require the licensee or permittee--
---------------------------------------------------------------------------
    \20\ 30 U.S.C. 1424.
---------------------------------------------------------------------------
          (1) to allow the Administrator to place appropriate 
        Federal officers or employees as observers aboard 
        vessels used by the licensee or permittee in 
        exploration or commercial recovery activities (A) to 
        monitor such activities at such time, and to such 
        extent, as the Administrator deems reasonable and 
        necessary to assess the effectiveness of the terms, 
        conditions, and restrictions of the license or permit, 
        and (B) to report to the Administrator whenever such 
        officers or employees have reason to believe there is a 
        failure to comply with such terms, conditions, and 
        restrictions;
          (2) to cooperate with such officers and employees in 
        the performance of monitoring functions; and
          (3) to monitor the environmental effects of the 
        exploration and commercial recovery activities in 
        accordance with guidelines issued by the Administrator 
        and to submit such information as the Administrator 
        finds to be necessary and appropriate to assess 
        environmental impacts and to develop and evaluate 
        possible methods of mitigating adverse environmental 
        effects.

SEC. 115.\21\ RELINQUISHMENT, SURRENDER, AND TRANSFER OF LICENSES AND 
                    PERMITS.

    (a) Relinquishment and Surrender.--Any licensee or 
permittee may at any time, without penalty--
---------------------------------------------------------------------------
    \21\ 30 U.S.C. 1425.
---------------------------------------------------------------------------
          (1) surrender to the Administrator a license or a 
        permit issued to the licensee or permittee; or
          (2) relinquish to the Administrator, in whole or in 
        part, any right to conduct any exploration or 
        commercial recovery activities authorized by the 
        license or permit.
Any licensee or permittee who surrenders a license or permit, 
or relinquishes any such right, shall remain liable with 
respect to all violations and penalties incurred, and damage to 
persons or property caused, by the licensee or permittee as a 
result of activities engaged in by the licensee or permittee 
under such license or permit.
    (b) Transfer.--Any license or permit, upon written request 
of the licensee or permittee, may be transferred by the 
Administrator; except that no such transfer may occur unless 
the proposed transferee is a United States citizen and until 
the Administrator determines that (1) the proposed transfer is 
in the public interest, and (2) the proposed transferee and the 
exploration or commercial recovery activities the transferee 
proposes to conduct meet the requirements of this Act and 
regulations issued under this Act.

SEC. 116.\22\ PUBLIC NOTICE AND HEARINGS.

    (a) Required Procedures.--The Administrator may issue 
regulations to carry out this Act, establish and significantly 
modify terms, conditions, and restrictions in licenses and 
permits issued under this title, and issue or transfer licenses 
and permits under this title, only after public notice and 
opportunity for comment and hearings in accordance with the 
following:
---------------------------------------------------------------------------
    \22\ 30 U.S.C. 1426.
---------------------------------------------------------------------------
          (1) The Administrator shall publish in the Federal 
        Register notice of all applications for licenses and 
        permits, all proposals to issue or transfer licenses 
        and permits, all regulations implementing this Act, and 
        terms, conditions, and restrictions on licenses and 
        permits, and all proposals to significantly modify 
        licenses and permits. Interested persons shall be 
        permitted to examine the materials relevant to any of 
        these actions, and shall have at least 60 days after 
        publication of such notice to submit written comments 
        to the Administrator.
          (2) The Administrator shall hold a public hearing in 
        an appropriate location and may employ such additional 
        methods as the Administrator deems appropriate to 
        inform interested persons about each action specified 
        in paragraph (1) and to invite their comments thereon.
    (b) Adjudicatory Hearing.--If the Administrator determines 
that there exists one or more specific and material factual 
issues which require resolution by formal process, as least one 
adjudicatory hearing shall be held in the District of Columbia 
in accordance with the provisions of section 554 of title 5, 
United States Code. The record developed in any such 
adjudicatory hearing shall be part of the basis for the 
Administrator's decision to take any action referred to in 
subsection (a). Hearings held pursuant to this section shall be 
consolidated insofar as practicable with hearings held by other 
agencies.

SEC. 117.\23\ CIVIL ACTIONS.

    (a) Equitable Relief.--Except as provided in subsection (b) 
of this section, any person may commence a civil action for 
equitable relief on that person's behalf in the United States 
District Court for the District of Columbia--
---------------------------------------------------------------------------
    \23\ 30 U.S.C. 1427.
---------------------------------------------------------------------------
          (1) against any person who is alleged to be in 
        violation of any provision of this Act or any condition 
        of a license or permit issued under this title; or
          (2) against the Administrator when there is alleged a 
        failure of the Administrator to perform any act or duty 
        under this Act which is not discretionary.
if the person bringing the action has a valid legal interest 
which is or may be adversely affected by such alleged violation 
or failure to perform. In suits brought under this subsection, 
the district court shall have jurisdiction, without regard to 
the amount in controversy or the citizenship of the parties, to 
enforce the provisions of this Act, or any term, condition, or 
restriction of a license or permit issued under this title, or 
to order the Administration to perform such act or duty.
    (b) Notice.--No civil action may be commenced--
          (1) under subsection (a)(1) of this section--
                  (A) prior to 60 days after the plaintiff has 
                given notice of the alleged violation to the 
                Administrator and to any alleged violator; or
                  (B) if the Administrator or the Attorney 
                General has commenced and is diligently 
                prosecuting a civil or criminal action with 
                respect to the alleged violation in a court of 
                the United States; except that in any such 
                civil action, any person having a valid legal 
                interest which is or may be adversely affected 
                by the alleged violation may intervene; or
          (2) under subsection (a)(2) of this section, prior to 
        60 days after the plaintiff has given notice of such 
        action to the Administrator.
Notice under this subsection shall be given in such a manner as 
the Administrator shall prescribe by regulation.
    (c) Costs and Fees.--The court, in issuing any final order 
in any action brought under subsection (a) of this section, may 
award costs of litigation, including reasonable attorney and 
expert witness fees, to any party whenever the court determines 
that such an award is appropriate.
    (d) Relationship to Other Law.--Nothing in this section 
shall restrict the rights which any person or class of persons 
may have under other law to seek enforcement or to seek any 
other relief. All vessel safety and environmental requirements 
of or under this Act shall be in addition to other requirements 
of law.

SEC. 118.\24\ RECIPROCATING STATES.

    (a) Designation.--The Administrator, in consultation with 
the Secretary of State and the heads of other appropriate 
departments and agencies, may designate any foreign nation as a 
reciprocating state if the Secretary of State finds that such 
foreign nation--
---------------------------------------------------------------------------
    \24\ 30 U.S.C. 1428.
---------------------------------------------------------------------------
          (1) regulates the conduct of its citizens and other 
        persons subject to its jurisdiction engaged in 
        exploration for, and commercial recovery of, hard 
        mineral resources of the deep seabed in a manner 
        compatible with that provided in this Act and the 
        regulations issued under this act, which includes 
        adequate measures for the protection of the 
        environment, the conservation of natural resources, and 
        the safety of life and property at sea, and includes 
        effective enforcement provisions;
          (2) recognizes licenses and permits issued under this 
        title to the extent that such nation, under its laws, 
        (A) prohibits any person from engaging in exploration 
        or commercial recovery which conflicts with that 
        authorized under any such license or permit and (B) 
        complies with the date for issuance of licenses and the 
        effective date for permits provided in section 
        102(c)(1)(D) of this Act;
          (3) recognizes, under its procedures, priorities of 
        right, consistent with those provided in this Act and 
        the regulations issued under this Act, for applications 
        for licenses for exploration or permits for commercial 
        recovery, which applications are made either under its 
        procedures or under this Act; and
          (4) provides an interim legal framework for 
        exploration and commercial recovery which does not 
        unreasonably interfere with the interests of other 
        states in their exercise of the freedoms of the high 
        seas, as recognized under general principles of 
        international law.
    (b) Effect of Designation.--No license or permit shall be 
issued under this title permitting any exploration or 
commercial recovery which will conflict with any license, 
permit, or equivalent authorization issued by any foreign 
nation which is designated as a reciprocating state under 
subsection (a).
    (c) Notification.--Upon receipt of any application for a 
license or permit under this title, the Administrator shall 
immediately notify all reciprocating states of such 
application. The notification shall include those portions of 
the exploration plan or recovery plan submitted with respect to 
the application, or a summary thereof, and any other 
appropriate information not required to be withheld from public 
disclosure by section 113(c).
    (d) Revocation of Reciprocating State Status.--The 
Administrator, in consultation with the Secretary of State and 
the heads of other appropriate departments and agencies, shall 
revoke the designation of a foreign nation as a reciprocating 
state if the Secretary of State finds that such foreign nation 
no longer complies with the requirements of subsection (a). At 
the request of any holder of a license, permit, or equivalent 
authorization of such foreign nation, who obtained the license, 
permit, or equivalent authorization while such foreign nation 
was a reciprocating state, the Administrator, in consultation 
with the Secretary of State, may decide to recognize the 
license, permit, or equivalent authorization for purposes of 
subsection (b).
    (e) Authorization.--The President is authorized to 
negotiate agreements with foreign nations necessary to 
implement this section.
    (f) International Consultations.--The Administrator, in 
consultation with the Secretary of State and the heads of other 
appropriate departments and agencies, shall consult with 
foreign nations which enact, or are preparing to enact, 
domestic legislation establishing an interim legal framework 
for exploration and commercial recovery of hard mineral 
resources. Such consultations shall be carried out with a view 
to facilitating the designation of such nations as 
reciprocating states and, as necessary, the negotiation of 
agreements with foreign nations authorized by subsection (e). 
In addition, the Administrator shall provide such foreign 
nations with information on environmental impacts of 
exploration and commercial recovery activities, and shall 
provide any technical assistance requested in designating 
regulatory measures to protect the environment.

            TITLE II--TRANSITION TO INTERNATIONAL AGREEMENT

SEC. 201.\25\ DECLARATION OF CONGRESSIONAL INTENT.

    It is the intent of Congress--
---------------------------------------------------------------------------
    \25\ 30 U.S.C. 1441.
---------------------------------------------------------------------------
          (1) that any international agreement to which the 
        United States becomes a party should, in addition to 
        promoting other national oceans objectives--
                  (A) provide assured and nondiscriminatory 
                access, under reasonable terms and conditions, 
                to the hard mineral resources of the deep 
                seabed for United States citizens, and
                  (B) provide security of tenure by recognizing 
                the rights of United States citizens who have 
                undertaken exploration or commercial recovery 
                under title I before such agreement enters into 
                force with respect to the United States to 
                continue their operations under terms, 
                conditions, and restrictions which do not 
                impose significant new economic burdens upon 
                such citizens with respect to such operations 
                with the effect of preventing the continuation 
                of such operations on a viable economic basis;
          (2) that the extent to which any such international 
        agreement conforms to the provisions of paragraph (1) 
        should be determined by the totality of the provisions 
        of such agreement, including, but not limited to, the 
        practical implications for the security of investments 
        of any discretionary powers granted to an international 
        regulatory body, the structures and decisionmaking 
        procedures of such body, the availability of impartial 
        and effective procedures for the settlement of 
        disputes, and any features that tend to discriminate 
        against exploration and commercial recovery activities 
        undertaken by United States citizens; and
          (3) that this Act should be transitional pending--
                  (A) the adoption of an international 
                agreement at the Third United Nations 
                Conference on the Law of the Sea, and the 
                entering into force of such agreement, or 
                portions thereof, with respect to the United 
                States, or
                  (B) if such adoption is not forthcoming, the 
                negotiation of a multilateral or other treaty 
                concerning the deep seabed, and the entering 
                into force of such treaty with respect to the 
                United States.

SEC. 202.\26\ EFFECT OF INTERNATIONAL AGREEMENT.

    If an international agreement enters into force with 
respect to the United States, any provision of title I, this 
title, or title III, and any regulation issued under any such 
provision, which is not inconsistent with such international 
agreement shall continue in effect with respect to United 
States citizens. In the implementation of such international 
agreement the Administrator, in consultation with the Secretary 
of State, shall make every effort, to the maximum extent 
practicable consistent with the provisions of that agreement, 
to provide for the continued operation of exploration and 
commercial recovery activities undertaken by United States 
citizens prior to entry into force of the agreement. The 
Administrator shall submit to the Congress, within one year 
after the date of such entry into force, a report on the 
actions taken by the Administrator under this section, which 
report shall include, but not be limited to--
---------------------------------------------------------------------------
    \26\ 30 U.S.C. 1442.
---------------------------------------------------------------------------
          (1) a description of the status of deep seabed mining 
        operations of United States citizens under the 
        international agreement; and
          (2) an assessment of whether United States citizens 
        who were engaged in exploration or commercial recovery 
        on the date such agreement entered into force have been 
        permitted to continue their operations.

SEC. 203.\27\ PROTECTION OF INTERIM INVESTMENTS.

    In order to further the objectives set forth in section 
201, the Administrator, not more than one year after the date 
of enactment of this Act--
---------------------------------------------------------------------------
    \27\ 30 U.S.C. 1443.
---------------------------------------------------------------------------
          (1) shall submit to the Congress proposed legislation 
        necessary for the United States to implement a system 
        for the protection of interim investments that has been 
        adopted as part of an international agreement and any 
        resolution relating to such international agreement; or
          (2) if a system for the protection of interim 
        investments has not been so adopted, shall report to 
        the Congress on the status of negotiations relating to 
        the establishment of such a system.

SEC. 204.\28\ DISCLAIMER OF OBLIGATIONS TO PAY COMPENSATION.

    Sections 201 and 202 of this Act do not create or express 
any legal or moral obligation on the part of the United States 
Government to compensate any person for any impairment of the 
value of that person's investment in any operation for 
exploration or commercial recovery under title I which might 
occur in connection with the entering into force of an 
international agreement with respect to the United States.
---------------------------------------------------------------------------
    \28\ 30 U.S.C. 1444.
---------------------------------------------------------------------------

          TITLE III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS

SEC. 301.\29\ PROHIBITED ACTS.

    It is unlawful for any person who is a United States 
citizen, or a foreign national on board a vessel documented or 
numbered under the laws of the United States, or subject to the 
jurisdiction of the United States under a reciprocating state 
agreement negotiated under section 118(e)--
---------------------------------------------------------------------------
    \29\ 30 U.S.C. 1461.
---------------------------------------------------------------------------
          (1) to violate any provision of this act, any 
        regulation issued under this Act, or any term, 
        condition, or restriction of any license or permit 
        issued to such person under this Act;
          (2) to engage in exploration or commercial recovery 
        after the revocation, or during the period of 
        suspension, of an applicable license or permit issued 
        under this Act, to engage in a particular exploration 
        or commercial recovery activity during the period such 
        activity has been suspended under this Act, or to fail 
        to modify a particular exploration or commercial 
        recovery activity for which modification was required 
        under this Act;
          (3) to refuse to permit any Federal officer or 
        employee authorized to monitor or enforce the 
        provisions of this Act, as provided in sections 114 and 
        304, to board a vessel documented or numbered under the 
        laws of the United States, or any vessel for which such 
        boarding is authorized by a treaty or executive 
        agreement, for purposes of conducting any search or 
        inspection in connection with the monitoring or 
        enforcement of this Act or any regulation, term, 
        condition, or restriction referred to in paragraph (1);
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer or employee in the conduct of any search or 
        inspection described in paragraph (3);
          (5) to resist a lawful arrest for any act prohibited 
        by this section;
          (6) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of any hard mineral resource recovered, 
        processed, or retained in violation of this Act or any 
        regulation, term, condition, or restriction referred to 
        in paragraph (1); or
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of any other person 
        subject to this section knowing that such other person 
        has committed any act prohibited by this section.

SEC. 302.\30\ CIVIL PENALTIES.

    (a) Assessment of Penalty.--Any person subject to section 
301 who is found by the Administrator, after notice and an 
opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, to have committed any act 
prohibited by section 301 shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall not 
exceed $25,000 for each violation. Each day of a continuing 
violation shall constitute a separate offense. The amount of 
such civil penalty shall be assessed by the Administrator by 
written notice. In determining the amount of such penalty, the 
Administrator shall take into account the nature, 
circumstances, extent, and gravity of the prohibited act 
committed and, with respect to the violator, any history or 
prior offenses, good faith demonstrated in attempting to 
achieve timely compliance after being cited for the violation, 
and other matters as justice may require.
---------------------------------------------------------------------------
    \30\ 30 U.S.C. 1462.
---------------------------------------------------------------------------
    (b) Review of Civil Penalty.--Any person subject to section 
301 against whom a civil penalty is assessed under subsection 
(a) may obtain review thereof in an appropriate district court 
of the United States by filing a notice of appeal in such court 
within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail 
to the Administrator. The Administrator shall promptly file in 
such court a certified copy of the record which the particular 
violation was found and such penalty was imposed, as provided 
in section 2112 of title 28, United States Code. The findings 
and order of the Administrator shall be set aside by such court 
if they are not found to be supported by substantial evidence 
as provided in section 706(2)(E) of title 5, United States 
Code.
    (c) Action Upon Failure To Pay Assessment.--If any person 
subject to section 301 fails to pay a civil penalty assessed 
against such person after the penalty has become final, or 
after the appropriate court has entered final judgment in favor 
of the Administrator, the Administrator shall refer the matter 
to the Attorney General of the United States, who shall recover 
the civil penalty assessed in any appropriate district court of 
the United States. In such action, the validity and 
appropriateness of the final order imposing the civil penalty 
shall not be subject to review.
    (d) Compromise or Other Action by the Administrator.--The 
Administrator may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section unless an action 
brought under subsection (b) or (c) is pending in a court of 
the United States.

SEC. 303.\31\ CRIMINAL OFFENSE.

    (a) Offense.--A person subject to section 301 is guilty of 
an offense if such person willfully and knowingly commits any 
act prohibited by section 301.
---------------------------------------------------------------------------
    \31\ 30 U.S.C. 1463.
---------------------------------------------------------------------------
    (b) Punishment.--Any offense described in paragraphs (1), 
(2), and (6) of section 301 is punishable by a fine of not more 
than $75,000 for each day during which the violation continues. 
Any offense described in paragraphs (3), (4), (5), and (7) of 
section 301 is punishable by a fine of not more than $75,000 or 
imprisonment for not more than six months, or both. If, in the 
commission of any offense, the person subject to the 
jurisdiction of the United States uses a dangerous weapon, 
engages in conduct that causes bodily injury to any Federal 
officer or employee, or places any such Federal officer or 
employee in fear of imminent bodily injury, the offense is 
punishable by a fine of not more than $100,000 or imprisonment 
for not more than ten years, or both.

SEC. 304.\32\ ENFORCEMENT.

    (a) Responsibility.--Subject to the other provisions of 
this subsection, the Administrator shall enforce the provisions 
of this Act. The Secretary of the department in which the Coast 
Guard is operating shall exercise such other enforcement 
responsibilities with respect to vessels subject to the 
provisions of this Act as are authorized under other provisions 
of law and may, upon the specific request of the Administrator, 
assist the Administrator in the enforcement of the provisions 
of this Act. The Secretary of the department in which the Coast 
Guard is operating shall have the exclusive responsibility for 
enforcement measures which affect the safety of life and 
property at sea. The Administrator and the Secretary of the 
department in which the Coast Guard is operating may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment, including aircraft and vessels, 
and facilities of any other Federal agency or department, and 
may authorize officers or employees of other departments or 
agencies to provide assistance as necessary in carrying out 
subsection (b). While providing such assistance, these officers 
and employees shall be under the control, authority, and 
supervision of the Coast Guard. The Administrator and the 
Secretary of the department in which the Coast Guard is 
operating may issue regulations jointly or severally as may be 
necessary and appropriate to carry out their duties under this 
section.
---------------------------------------------------------------------------
    \32\ 30 U.S.C. 1464.
---------------------------------------------------------------------------
    (b) Powers of Authorized Officers.--To enforce this Act on 
board any vessel subject to the provisions of the Act, any 
officer who is authorized by the Administrator or by the 
Secretary of the department in which the Coast Guard is 
operating may--
          (1) board and inspect any vessel which is subject to 
        the provisions of this Act;
          (2) search any such vessel if the officer has 
        reasonable cause to believe that the vessel has been 
        used or employed in the violation of any provision of 
        this Act;
          (3) arrest any person subject to section 301 if the 
        officer has reasonable cause to believe that the person 
        has committed a criminal offense under section 303;
          (4) seize any such vessel together with it gear, 
        furniture, appurtenances, stores, and cargo, used or 
        employed in, or with respect to which it reasonably 
        appears that such vessel was used or employed in, the 
        violation of any provision of this Act if such seizure 
        is necessary to prevent evasion of the enforcement of 
        this Act;
          (5) seize any hard mineral resource recovered or 
        processed in violation of any provision of this Act;
          (6) seize any other evidence related to any violation 
        of any provision of this Act;
          (7) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          (8) exercise any other lawful authority.
    (c) Definition.--For purposes of this section, the term 
``provisions of this Act'' or ``provision of this Act'' means 
(1) any provision of title I or II or this title, (2) any 
regulation issued under title I, title II, or this title, and 
(3) any term, condition, or restriction of any license or 
permit issued under title I.
    (d) Proprietary Information.--Proprietary and privileged 
information seized or maintained under this title concerning a 
person or vessel engaged in exploration or commercial recovery 
shall not be made available for general or public use or 
inspection. The Administrator and the Secretary of the 
department in which the Coast Guard is operating shall issue 
regulations to insure the confidentiality of privileged and 
proprietary information.

SEC. 305.\33\ LIABILITY OF VESSELS.

    Any vessel documented or numbered under the laws of the 
United States (except a public vessel engaged in noncommercial 
activities) which is used in any violation of this Act, any 
regulation issued under this Act, or any term, condition, or 
restriction of any license or permit issued under title I shall 
be liable in rem for any civil penalty assessed or criminal 
fine imposed and may be proceeded against in any district court 
of the United States having jurisdiction thereof.
---------------------------------------------------------------------------
    \33\ 30 U.S.C. 1465.
---------------------------------------------------------------------------

SEC. 306.\34\ CIVIL FORFEITURES.

    (a) In General.--Any vessel subject to the provisions of 
sections 304 and 305, including its gear, furniture, 
appurtenances, stores, and cargo, which is used, in any manner, 
in connection with or as a result of the commission of any act 
prohibited by section 301 and any hard mineral resource which 
is recovered, processed, or retained, in any manner, in 
connection with or as a result of any such act, shall be 
subject to forfeiture to the United States. All or part of such 
vessel, and all such hard mineral resources, may be forfeited 
to the United States pursuant to a civil proceeding under this 
section. All provisions of law relating to the seizure, 
judicial forfeiture, and condemnation of a vessel or cargo for 
violation of the customs laws, and the disposition of the 
vessel, cargo, or proceeds from the sale thereof and the 
remission or mitigation of such forfeitures shall apply to 
seizures and forfeitures incurred or alleged to have been 
incurred under the provisions of this section insofar as such 
provisions of law are applicable and not inconsistent with this 
Act.
---------------------------------------------------------------------------
    \34\ 30 U.S.C. 1466.
---------------------------------------------------------------------------
    (b) Jurisdiction of Courts.--Any district court of the 
United States which has jurisdiction under section 307 shall 
have jurisdiction, upon application by the Attorney General on 
behalf of the United States, to order any forfeiture authorized 
under subsection (a) and any action provided for under 
subsection (d).
    (c) Judgment.--If a judgment is entered for the United 
States in a civil forfeiture proceeding under this section, the 
Attorney General may seize any property or other interest 
declared forfeited to the United States which has not 
previously been seized pursuant to this Act or for which 
security has not previously been obtained under subsection (d).
    (d) Procedure.--Any officer authorized to serve any process 
in rem which is issued by a court having jurisdiction under 
section 307 shall stay the execution of such process, or 
discharge any property seized pursuant to such process, upon 
the receipt of a satisfactory bond or other security from any 
person subject to section 301 claiming such property. Such bond 
or other security shall be conditioned upon such person (1) 
delivering such property to the appropriate court upon order 
thereof, without any impairment of its value; or (2) paying the 
monetary value of such property pursuant to any order of such 
court. Judgment shall be recoverable on such bond or other 
security against both the principal and any sureties in the 
event that any condition thereof is breached, as determined by 
such court.
    (e) Rebuttable Presumption.--For purposes of this section, 
it shall be a rebuttable presumption that all hard mineral 
resources found on board a vessel subject to the provisions of 
sections 304 and 305 which is seized in connection with an act 
prohibited by section 301 were recovered, processed, or 
retained in violation of this Act.

SEC. 307.\35\ JURISDICTION OF COURTS.

    The district of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the 
provisions of this Act. These courts may, at any time--
---------------------------------------------------------------------------
    \35\ 30 U.S.C. 1467.
---------------------------------------------------------------------------
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interest of 
        justice.

SEC. 308.\36\ REGULATIONS.

    (a) Proposed Regulations.--Not later than 270 days after 
the date of enactment of this Act, the Administrator shall 
solicit the views of the agency heads referred to in section 
109(b) and of interested persons, and issue, in accordance with 
section 553 of title 5, United States Code, such proposed 
regulations as are required by or are necessary and appropriate 
to implement titles I and II and this title. The Administrator 
shall hold at least one public hearing on such proposed 
regulations.
---------------------------------------------------------------------------
    \36\ 30 U.S.C. 1468.
---------------------------------------------------------------------------
    (b) Final Regulations.--Not later than 180 days after the 
date on which proposed regulations are issued pursuant to 
subsection (a), the Administrator shall solicit the views of 
the agency heads referred to in section 109(b) and of 
interested persons, consider the comments received during the 
public hearing required in subsection (a) and any written 
comments on the proposed regulations received by the 
Administrator, and issue, in accordance with section 553 of 
title 5, United States Code, such regulations as are required 
by or are necessary and appropriate to implement titles I and 
II and this title.
    (c) Amendments.--The Administrator may at any time amend 
regulations issued pursuant to subsection (b) as the 
Administrator determines to be necessary and appropriate in 
order to provide for the conservation of natural resources 
within the meaning of section 110, protection of the 
environment, and the safety of life and property at sea. Such 
amended regulations shall apply to all exploration or 
commercial recovery activities conducted under any license or 
permit issued or maintained pursuant to this Act; except that 
any such amended regulations which provide for conservation of 
natural resources shall apply to exploration or commercial 
recovery conducted under an existing license or permit during 
the present term of such license or permit only if the 
Administration determines that such amended regulations 
providing for conservation of natural resources will not impose 
serious or irreparable economic hardship on the licensee or 
permittee. Any amendment to regulation under this subsection 
shall be made on the record after an opportunity for an agency 
hearing.
    (d) Consistency.--This Act and the regulations issued under 
this Act shall not be deemed to supersede any other Federal 
laws or treaties or regulations issued thereunder.

SEC. 309.\37\ BIENNIAL REPORT.

    (a) Submission on Reports.--The Administrator shall submit 
to the Congress--
---------------------------------------------------------------------------
    \37\ 30 U.S.C. 1469.
---------------------------------------------------------------------------
          (1) not later than December 31, 1981, a report on the 
        administration of this Act during the period beginning 
        on the date of enactment of this Act and ending 
        September 30, 1981; and
          (2) not later than December 31 of each second year 
        thereafter, a report on the administration of this Act 
        during the two fiscal years preceding the date on which 
        the report is required to be filed.
    (b) Contents.--Each report filed pursuant to subsection (a) 
shall include, but be limited to, the following information 
with respect to the reporting period:
          (1) Licenses and permits issued, modified, revised, 
        suspended, revoked, relinquished, surrendered, or 
        transferred, denials of certifications of applications 
        for the issuance or transfer of licenses and permits; 
        denials or issuance or transfer of licenses and 
        permits; and required suspensions and modifications of 
        activities under licenses and permits.
          (2) A description and evaluation of the exploration 
        and commercial recovery activities undertaken, 
        including, but not limited to, information setting 
        forth the quantities of hard mineral resources 
        recovered and the disposition of such resources.
          (3) An assessment of the environmental impacts, 
        including a description and estimate of any damage 
        caused by any adverse effects on the quality of the 
        environment resulting from such activities.
          (4) The number and description of all civil and 
        criminal proceedings, including citations, instituted 
        under this title, and the current status of such 
        proceedings.
          (5) Such recommendations as the Administrator deems 
        appropriate for amending this Act to further fulfill 
        its purposes.

SEC. 310.\38\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the 
Administrator, for purposes of carrying out the provisions of 
titles I and II and this title, such sums as may be necessary 
for the fiscal years ending September 30, 1981, and September 
30, 1982, and $1,469,000 for the fiscal year ending September 
30, 1983, $2,150,000 for the fiscal year ending September 30, 
1984, $1,500,000 for each of the fiscal years ending September 
30, 1985 and September 30, 1986, $1,500,000 for each of the 
fiscal years ending September 30, 1987, September 30, 1988, and 
September 30, 1989, and $1,525,000 for each of the fiscal years 
1990, 1991, 1992, 1993, and 1994.\39\
---------------------------------------------------------------------------
    \38\ 30 U.S.C. 1470.
    \39\ Public Law 97-416 (96 Stat. 2084), added authorizations for 
fiscal years 1983 and 1984. Sec. 403 of Public Law 98-623 (98 Stat. 
3408) added authorizations for fiscal years 1985 and 1986. Public Law 
99-507 (100 Stat. 1847) added authorizations for fiscal years 1987, 
1988, and 1989. Public Law 101-178 (103 Stat. 1297) added 
authorizations for fiscal years 1990 through 1994.
---------------------------------------------------------------------------

SEC. 311.\40\ SEVERABILITY.

    If any provision of this Act or any application thereof is 
held invalid, the validity of the remainder of the Act, or any 
other application, shall not be affected thereby.
---------------------------------------------------------------------------
    \40\ 30 U.S.C. 1471.
---------------------------------------------------------------------------

                             TITLE IV--TAX

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Deep Seabed Hard Mineral 
Removal Tax Act of 1979''.

SEC. 402.\41\ IMPOSITION OF TAX ON REMOVAL OF HARD MINERAL RESOURCES 
                    FROM DEEP SEABED. * * *
---------------------------------------------------------------------------

    \41\ Sec. 402 amended ch. 36 of the Internal Revenue Code of 1954 
[now Internal Revenue Code of 1986, pursuant to sec. 2 of Public Law 
99-514] (relating to certain other excise taxes), by adding new secs. 
4495 through 4498, title 26, effective January 1, 1980.
---------------------------------------------------------------------------

SEC. 403.\42\ ESTABLISHMENT OF DEEP SEABED REVENUE SHARING TRUST FUND.

    (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Deep Seabed Revenue Sharing Trust Fund'' ((hereinafter in 
this section referred to as the ``Trust Fund''), consisting of 
such amounts as may be appropriated or credited to the Trust 
Fund as provided in this section.
---------------------------------------------------------------------------
    \42\ 30 U.S.C. 1472.
---------------------------------------------------------------------------
    (b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--
          (1) In general.--There are hereby appropriated to the 
        Trust Fund amounts determined by the Secretary of the 
        Treasury to be equivalent to the amounts of the taxes 
        received in the Treasury under section 4495 of the 
        Internal Revenue Code of 1986.\43\
---------------------------------------------------------------------------
    \43\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
          (2) Method of transfer.--The amounts appropriated by 
        paragraph (1) shall be transferred at least quarterly 
        from the general fund of the Treasury to the Trust Fund 
        on the basis of estimates made by the Secretary of the 
        Treasury of the amounts referred to in paragraph (1) 
        received in the Treasury. Proper adjustments shall be 
        made in the amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than 
        the amount required to be transferred.
    (c) Management of Trust Fund.--
          (1) Report.--It shall be the duty of the Secretary of 
        the Treasury to hold the Trust Fund, and to report to 
        the Congress for the fiscal year ending September 30, 
        1980, and each fiscal year thereafter on the financial 
        condition and the results of the operations of the 
        Trust Fund during the preceding year and on its 
        expected condition and operations during the fiscal 
        year and the next five fiscal years after the fiscal 
        year. Such report shall be printed as a House document 
        of the session of the Congress to which the report is 
        made.
          (2) Investment.--
                  (A) In general.--It shall be the duty of the 
                Secretary of the Treasury to invest such 
                portion of the Trust Fund as is not, in his 
                judgment, required to meet current withdrawals. 
                Such investments may be made only in interest-
                bearing obligations of the United States. For 
                such purpose, such obligations may be acquired 
                (i) on original issue at the issue price, or 
                (ii) by purchase of outstanding obligations at 
                the market price.
                  (B) Sale of obligations.--Any obligation 
                acquired by the Trust Fund may be sold by the 
                Secretary at the market price.
                  (C) Interest on certain proceeds.--The 
                interest on, and the proceeds from the sale or 
                redemption of, any obligations held in the 
                Trust Fund shall be credited to and form a part 
                of the Trust Fund.
    (d) Expenditures From Trust Fund.--If an international deep 
seabed treaty is ratified by and in effect with respect to the 
United States on or before the date ten years after the date of 
the enactment of this Act, amounts in the Trust Fund shall be 
available, as provided by appropriations Acts, for making 
contributions required under such treaty for purposes of the 
sharing among nations of the revenues from deep seabed mining. 
Nothing in this subsection shall be deemed to authorize any 
program or other activity not otherwise authorized by law.
    (e) Use of Funds.--If an international deep seabed treaty 
is not in effect with respect to the United States on or before 
the date ten years after the date of the enactment of this Act, 
amounts in the Trust Fund shall be available for such purposes 
as Congress may hereafter provide by law.
    (f) International Deep Seabed Treaty.--For purposes of this 
section, the term ``international deep seabed treaty'' has the 
meaning given to such term by section 4498(b) of the Internal 
Revenue Code of 1986.\43\

SEC. 404.\44\ ACT NOT TO AFFECT TAX OR CUSTOMS OR TARIFF TREATMENT OF 
                    DEEP SEABED MINING.

    Except as otherwise provided in section 402, nothing in 
this Act shall affect the application of the Internal Revenue 
Code of 1986.\43\ Nothing in this Act shall affect the 
application of the customs or tariff laws of the United States.
---------------------------------------------------------------------------
    \44\ 30 U.S.C. 1473.
    i. Establishment of Exclusive Economic Zone of the United States

          Proclamation 5030, March 10, 1983, 48 F.R. 10605 \1\

Whereas the Government of the United States of America desires 
    to facilitate the wise development and use of the oceans 
    consistent with international law;
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1453 note.
---------------------------------------------------------------------------
Whereas international law recognizes that, in a zone beyond its 
    territory and adjacent to its territorial sea, known as the 
    Exclusive Economic Zone, a coastal State may assert certain 
    sovereign rights over natural resources and related 
    jurisdiction; and
Whereas the establishment of an Exclusive Economic Zone by the 
    United States will advance the development of ocean 
    resources and promote the protection of the marine 
    environment, while not affecting other lawful uses of the 
    zone, including the freedoms of navigation and overflight, 
    by other States;

    NOW, THEREFORE, I, RONALD REAGAN, by the authority vested 
in me as President by the Constitution and laws of the United 
States of America, do hereby proclaim the sovereign rights and 
jurisdiction of the United States of America and confirm also 
the rights and freedoms of all States within an Exclusive 
Economic Zone, as described herein.
    The Exclusive Economic Zone of the United States is a zone 
contiguous to the territorial sea, including zones contiguous 
to the territorial sea of the United States, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands (to the extent consistent with the Covenant and the 
United Nations Trusteeship Agreement), and United States 
overseas territories and possessions. The Exclusive Economic 
Zone extends to a distance 200 nautical miles from the baseline 
from which the breadth of the territorial sea is measured. In 
cases where the maritime boundary with a neighboring State 
remains to be determined, the boundary of the Exclusive 
Economic Zone shall be determined by the United States and 
other State concerned in accordance with equitable principles.
    Within the Exclusive Economic Zone, the United States has, 
to the extent permitted by international law, (a) sovereign 
rights for the purpose of exploring, exploiting, conserving and 
managing natural resources, both living and non-living, of the 
seabed and subsoil and the superjacent waters and with regard 
to other activities for the economic exploitation and 
exploration of the zone, such as the production of energy from 
the water, currents and winds; and (b) jurisdiction with regard 
to the establishment and use of artificial islands, and 
installations and structures having economic purposes, and the 
protection and preservation of the marine environment.
    This Proclamation does not change existing United States 
policies concerning the continental shelf, marine mammals and 
fisheries, including highly migratory species of tuna which are 
not subject to United States jurisdiction and require 
international agreements for effective management.
    The United States will exercise these sovereign rights and 
jurisdiction in accordance with the rule of international law.
    Without prejudice to the sovereign rights and jurisdiction 
of the United States, the Exclusive Economic Zone remains an 
area beyond the territory and territorial sea of the United 
States in which all States enjoy the high seas freedoms of 
navigation, overflight, the laying of submarine cables and 
pipelines, and other internationally lawful uses of the sea.
    IN WITNESS WHEREOF, I have hereunto set my hand this tenth 
day of March, in the year of our Lord nineteen and eighty-
three, and of the Independence of the United States of America 
the two hundred and seventh.
        j. Establishment of Territorial Sea of the United States

         Proclamation 5928, December 27, 1988, 54 F.R. 777 \1\

    International law recognizes that coastal nations may 
exercise sovereignty and jurisdiction over their territorial 
seas.
---------------------------------------------------------------------------
    \1\ 43 U.S.C. 1331 note.
---------------------------------------------------------------------------
    The territorial sea of the United States is a maritime zone 
extending beyond the land territory and internal waters of the 
United States over which the United States exercises 
sovereignty and jurisdiction, a sovereignty and jurisdiction 
that extend to the airspace over the territorial sea, as well 
as to its bed and subsoil.
    Extension of the territorial sea by the United States to 
the limits permitted by international law will advance the 
national security and other significant interests of the United 
States.
    NOW, THEREFORE, I, RONALD REAGAN, by the authority vested 
in me as President by the Constitution of the United States of 
America, and in accordance with international law, do hereby 
proclaim the extension of the territorial sea of the United 
States of America, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and any other 
territory or possession over which the United States exercises 
sovereignty.
    The territorial sea of the united States henceforth extends 
to 12 miles from the baselines of the United States determined 
in accordance with international law.
    In accordance with international law, as reflected in the 
applicable provisions of the 1982 United Nations Convention on 
the Law of the Sea, within the territorial sea of the united 
States, the ships of all countries enjoy the right of innocent 
passage and the ships and aircraft of all countries enjoy the 
right of transit passage through international straits.
    Nothing in this Proclamation:
          (a) extends or otherwise alters existing Federal or 
        State law or any jurisdiction, rights, legal interests, 
        or obligations derived therefrom; or
          (b) impairs the determination, in accordance with 
        international law, of any maritime boundary of the 
        United States with a foreign jurisdiction.
    IN WITNESS WHEREOF, I have hereunto set my hand this 27th 
day of December, in the year of our Lord nineteen and eighty-
eight, and of the Independence of the United States of America 
the two hundred and thirteenth.
        k. Establishment of Contiguous Zone of the United States

        Proclamation 7219, September 2, 1999, 64 F.R. 48701 \1\

    International law recognizes that coastal nations may 
establish zones contiguous to their territorial seas, known as 
contiguous zones.
---------------------------------------------------------------------------
    \1\ 43 U.S.C. 1331 note.
---------------------------------------------------------------------------
    The contiguous zone of the United States is a zone 
contiguous to the territorial sea of the United States, in 
which the United States may exercise the control necessary to 
prevent infringement of its customs, fiscal, immigration, or 
sanitary laws and regulations within its territory or 
territorial sea, and to punish infringement of the above laws 
and regulations committed within its territory or territorial 
sea.
    Extension of the contiguous zone of the United States to 
the limits permitted by international law will advance the law 
enforcement and public health interests of the United States. 
Moreover, this extension is an important step in preventing the 
removal of cultural heritage found within 24 nautical miles of 
the baseline.
    NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority 
vested in me as President by the Constitution of the United 
States, and in accordance with international law, do hereby 
proclaim the extension of the contiguous zone of the United 
States of America, including the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, as follows:
    The contiguous zone of the United States extends to 24 
nautical miles from the baselines of the United States 
determined in accordance with international law, but in no case 
within the territorial sea of another nation.
    In accordance with international law, reflected in the 
applicable provisions of the 1982 Convention on the Law of the 
Sea, within the contiguous zone of the United States the ships 
and aircraft of all countries enjoy the high seas freedoms of 
navigation and overflight and the laying of submarine cables 
and pipelines, and other internationally lawful uses of the sea 
related to those freedoms, such as those associated with the 
operation of ships, aircraft, and submarine cables and 
pipelines, and compatible with the other provisions of 
international law reflected in the 1982 Convention on the Law 
of the Sea.
    Nothing in this proclamation:
          (a) amends existing Federal or State law;
          (b) amends or otherwise alters the rights and duties 
        of the United States or other nations in the Exclusive 
        Economic Zone of the United States established by 
        Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453 
        note]; or
          (c) impairs the determination, in accordance with 
        international law, of any maritime boundary of the 
        United States with a foreign jurisdiction.
    IN WITNESS WHEREOF, I have hereunto set my hand this second 
day of September, in the year of our Lord nineteen hundred and 
ninety-nine, and of the Independence of the United States of 
America the two hundred and twenty-fourth.
             l. Governing International Fishery Agreements

      (1) Governing International Fisheries Agreement With Poland

    Partial text of Public Law 105-384 [H.R. 3461], 112 Stat. 3451, 
                       approved November 13, 1998

 AN ACT To approve a governing international fishery agreement between 
 the United States and the Republic of Poland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

     TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

SEC. 101.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the 
United States of America and the Government of the Republic of 
Poland, as contained in the message to Congress from the 
President of the United States dated February 5, 1998, is 
approved as a governing international fishery agreement for the 
purposes of such Act and shall enter into force and effect with 
respect to the United States on the date of the enactment of 
this Act.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
---------------------------------------------------------------------------
          * * * * * * *
(2) Governing International Fisheries Agreement With Russian Federation

    Partial text of Public Law 103-206 [H.R. 2150], 108 Stat. 2419, 
     approved December 20, 1993; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

AN ACT To authorize appropriations for fiscal year 1994 for the United 
              States Coast Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

              TITLE VII--MISCELLANEOUS FISHERY PROVISIONS

SEC. 701.\1\ GOVERNING INTERNATIONAL FISHERIES AGREEMENT.

    The Agreement between the Government of the United States 
of America and the Government of the Russian Federation on 
Mutual Fisheries Relations which was entered into on May 31, 
1988, and which expired by its terms on October 28, 1993, may 
be brought into force again for the United States through an 
exchange of notes between the United States of America and the 
Russian Federation and may remain in force and effect on the 
part of the United States until May 1, 1994, and may be amended 
or extended by a subsequent agreement to which section 203 of 
the Magnuson-Stevens Fishery Conservation and Management Act 
\2\ (16 U.S.C. 1823) applies.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL BERING SEA.

    It is the sense of the Congress that--
          (1) the United States should take appropriate 
        measures to conserve the resources of the Doughnut 
        Hole, a small enclave of international waters in the 
        central Bering Sea, encircled by the Exclusive Economic 
        Zones of the United States and the Russian Federation;
          (2) the United States should continue its pursuit of 
        an international agreement, consistent with its rights 
        as a coastal state, to ensure proper management for 
        future commercial viability of these natural resources;
          (3) the United States, working closely with the 
        Russian Federation should, in accordance with 
        international law and through multilateral 
        consultations or through other means, promote effective 
        international programs for the implementation and 
        enforcement of regulations of the fisheries by those 
        nations that fish in the Doughnut Hole;
          (4) the United States nonetheless should be mindful 
        of its management responsibility in this regard and of 
        its rights in accordance with international law to 
        fully utilize the stock within its own exclusive 
        economic zone;
          (5) the United States should accept as an urgent duty 
        the need to conserve for future generations the 
        Aleutian Basin pollock stock and should carry out that 
        duty by taking all necessary measures, in accordance 
        with international law; and
          (6) the United States should foster further 
        multilateral cooperation leading to international 
        consensus on management of the Doughnut Hole resources 
        through the fullest use of diplomatic channels and 
        appropriate domestic and international law and should 
        explore all other available options and means for 
        conservation and management of these living marine 
        resources.
          * * * * * * *
       (3) Governing International Fishery Agreement With Estonia

    Partial text of Public Law 102-587 [H.R. 5617], 106 Stat. 5039, 
approved November 4, 1992; as amended by Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 AN ACT To provide Congressional approval of a Governing International 
               Fishery Agreement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1992''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1431 note.
---------------------------------------------------------------------------

     TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT

SEC. 1001.\2\ APPROVAL OF AGREEMENT.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823),\3\ the 
governing international fishery agreement between the 
Government of the United States of America and the Government 
of the Republic of Estonia, as contained in the message to 
Congress from the President of the United States dated June 24, 
1992, is approved by the Congress as a governing international 
fishery agreement for the purposes of such Act and shall enter 
into force and effect with respect to the United States on the 
date of enactment of this title.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1823 note.
    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
        (4) Governing International Fishery Agreement with Japan

 Partial text of Public Law 101-224 [National Oceanic and Atmospheric 
 Administration Ocean and Coastal Programs Authorization Act of 1989; 
 H.R. 1668], 103 Stat. 1905, approved December 12, 1989; as amended by 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
    104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

   AN ACT To authorize appropriations for certain ocean and coastal 
    programs of the National Oceanic and Atmospheric Administration.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SECTION 7.\1\ INTERNATIONAL FISHERY AGREEMENT.

    Notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of Japan, as contained in the Message to Congress 
from the President of the United States dated October 30, 1989, 
is approved by the Congress and shall enter into force and 
effect with respect to the United States on the date of the 
enactment of this Act.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
    (5) Governing International Fishery Agreement with Soviet Union

    Partial text of Public Law 100-629 [H.R. 4919], 102 Stat. 3287, 
approved November 7, 1988; as amended by Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

AN ACT To approve the governing international fishery agreement between 
the United States and the Union of the Soviet Socialist Republics, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SOVIET UNION FISHING AGREEMENT.

    That notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of the Union of the Soviet Socialist Republics, as 
contained in the Message to Congress from the President of the 
United States dated June 22, 1988, is approved by the Congress 
and shall enter into force and effect with respect to the 
United States on the date of the enactment of this Act.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 5.\1\ NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.

    (a) In General.--The Secretary of State shall establish an 
advisory body on the fisheries of the North Pacific and the 
Bering Sea, which shall advise the United States representative 
to the International Consultative Committee created in 
accordance with Article XIV of the governing international 
fishery agreement entered into between the United States and 
the Union of Soviet Socialist Republics, as contained in the 
Message to Congress from the President of the United States 
dated June 22, 1988.
    (b) Membership.--
          (1) In general.--The advisory body established 
        pursuant to this section shall consist of 12 members, 
        as follows:
                  (A) The Director of the Department of 
                Fisheries of the State of Washington.
                  (B) The Commission of the Department of Fish 
                and Game of the State of Alaska.
                  (C) Five members appointed by the Secretary 
                of State from among persons nominated by the 
                Governor of Alaska on the basis of their 
                knowledge and experience in commercial 
                harvesting, processing, or marketing of fishery 
                resources.
                  (D) Five members appointed by the Secretary 
                of State from among persons nominated by the 
                Governor of Washington on the basis of their 
                knowledge and experience in commercial 
                harvesting, processing, or marketing of fishery 
                resources.
          (2) Nominations.--The Governor of Alaska and the 
        Governor of Washington shall each nominate 10 persons 
        for purposes of paragraph (1).
    (c) Pay.--Members of the advisory body established pursuant 
to this section shall receive no pay by reason of their service 
as members of the advisory body.
    (d) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall 
not apply to an advisory body established pursuant to this 
section.

SEC. 6.\3\ USE OF VESSEL IDENTIFICATION EQUIPMENT.

    (a) The Secretary of State, the Secretary of Commerce, and 
the Secretary of the department in which the Coast Guard is 
operating, as appropriate, shall exercise their authority under 
section 201(c)(2)(C) of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1821) to require 
the use of transponders or other such appropriate position-
fixing and identification equipment on any vessel other than a 
vessel of the United States engaged in fishing in the United 
States Exclusive Economic Zone.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
    (b) The Secretary of Commerce, after consultation with the 
Secretary of Defense, the Secretary of State, and the Secretary 
of the department in which the Coast Guard is operating shall 
report to the Committee on Merchant Marine and Fisheries \4\ of 
the House of Representatives and the Committee on Commerce, 
Science and Transportation of the Senate within 180 days after 
the date of enactment of this Act on the results of their 
compliance with subsection (a).
---------------------------------------------------------------------------
    \4\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that 
references to the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

          * * * * * * *
 (6) Governing International Fishery Agreement with German Democratic 
                                Republic

Partial text of Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved 
June 27, 1988; as amended by Public Law 104-208 [Department of Commerce 
  and Related Agencies Appropriations Act; title II of sec. 101(a) of 
  title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved 
                           September 30, 1996

AN ACT To provide Congressional approval of the Governing International 
 Fishery Agreement between the United States and the Government of the 
                      German Democratic Republic.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1.\1\ APPROVAL OF GIFA WITH GERMAN DEMOCRATIC REPUBLIC.

    That notwithstanding section 203 of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1823), 
the extension of the governing international fishery agreement 
between the Government of the United States of American and the 
Government of the German Democratic Republic, as contained in 
the message to Congress from the President of the United 
States, dated May 3, 1988--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is approved by Congress as a governing 
        international fishery agreement for the purposes of 
        such Act; and
          (2) shall enter into force and effect with respect to 
        the United States on the date of enactment of this Act.
          * * * * * * *
  (7) Governing International Fishery Agreement with Japan Concerning 
             Fisheries Off the Coasts of the United States

 Title I of Public Law 100-220 [United States-Japan Fishery Agreement 
Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved December 29, 
  1987; as amended by Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
                                30, 1996

AN ACT To provide congressional approval of the Governing International 
 Fishery Agreements between the United States and Japan; to implement 
   the provisions of Annex V to the International Convention for the 
 Prevention of Pollution from Ships, 1973; to reauthorize the National 
 Sea Grant College Program Act; to improve efforts to monitor, assess, 
  and reduce the adverse impacts of driftnets; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

  TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH 
                                 JAPAN

SEC. 1001.\1\ APPROVAL OF AGREEMENT.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1823), the 
governing international fishery agreement between the 
Government of the United States of America and the Government 
of Japan Concerning Fisheries Off the Coasts of the United 
States, as contained in the Message to Congress from the 
President of the United States dated November 17, 1987--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is approved by Congress as a governing 
        international fishery agreement for purposes of such 
        Act, and
          (2) shall enter into force and effect with respect to 
        the United States on the date of the enactment of this 
        Act.
     (8) Governing International Fishery Agreement with South Korea

    Partial text of Public Law 100-66 [United States-Korea Fishery 
Agreement; Sea Grant College Fellowship Program; H.R. 2480], 101 Stat. 
     384, approved July 10, 1987; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

   AN ACT To extend temporarily the governing international fishery 
agreement between the United States and the Republic of Korea, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ EXTENSION OF GOVERNING INTERNATIONAL FISHERY AGREEMENT 
                    BETWEEN THE UNITED STATES AND SOUTH KOREA.

    Notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of the Republic of Korea on July 26, 1982, shall 
remain in force and effect with respect to the United States 
until the closing date of the sixty-day period referred to in 
section 203(a) of such Act that applies with respect to any new 
governing international fishery agreement between the United 
States and the Republic of Korea that is transmitted to the 
Congress under section 203(a) after May 1, 1987, or November 1, 
1987, whichever is earlier.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
  (9) Governing International Fishery Agreements with Iceland and the 
                      European Economic Community

   Title I of Public Law 98-623 [H.R. 6342], 98 Stat. 3394, approved 
   November 8, 1984; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

   AN ACT To approve governing international fishery agreements with 
  Iceland and the EEC; to establish national standards for artificial 
  reefs; to implement the Convention on the Conservation of Antarctic 
            Marine Living Resources; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

 TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH 
                        ICELAND AND THE EEC \1\

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1823)--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) the governing international fishery agreement 
        between the Government of the United States and the 
        European Economic Community Concerning Fisheries Off 
        the Coasts of the United States, as contained in the 
        Message to Congress from the President of the United 
        States dated August 27, 1984, is hereby approved by 
        Congress as a governing international fishery agreement 
        for purposes of that Act, and may enter into force with 
        respect to the United States in accordance with the 
        terms of Article XIX of the agreement after the date of 
        the enactment of this title, upon signature of the 
        agreement by both parties; and
          (2) the governing international fishery agreement 
        between the Government of the United States and the 
        Government of the Republic of Iceland Concerning 
        Fisheries off the Coasts of the United States, as 
        contained in the message to Congress from the President 
        of the United States dated September 28, 1984, is 
        hereby approved by Congress as a governing 
        international fishery agreement for purposes of that 
        Act, and may enter into force with respect to the 
        United States in accordance with the terms of Article 
        XVI of the agreement after the date of the enactment of 
        this title.
  (10) Governing International Fishery Agreements with Japan and Spain

  Title IV of Public Law 97-389 [H.R. 3942], 96 Stat. 1949, at 1954, 
     approved December 29, 1982; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

 AN ACT To amend the Commercial Fisheries Research and Development Act 
                                of 1964.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled, That this Act may be cited as the ``Fisheries 
Amendments of 1982''.
          * * * * * * *

          TITLE IV--GOVERNING INTERNATIONAL FISHERY AGREEMENTS

    Sec. 401.\1\ Notwithstanding any other provision of law, 
the governing international fishery agreement entered into 
between the Government of the United States and the Government 
of Japan pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed at 
Washington on September 10, 1982, is approved, and shall become 
effective on January 1, 1983.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    Sec. 402.\1\ Notwithstanding any other provision of law, 
the governing international fishery agreement entered into 
between the Government of the United States and the Government 
of Spain pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed on July 
29, 1982, is approved.
          * * * * * * *
      (11) Governing International Fishery Agreement With Portugal

 Partial text of Public Law 96-561 [Salmon and Steelhead Conservation 
and Enhancement Act of 1980; S. 2163], 94 Stat. 3275 at 3287, approved 
  December 22, 1980; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 AN ACT To provide for the conservation and enhancement of the salmon 
and steelhead resources of the United States, assistance to treaty and 
    nontreaty harvesters of those resources, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *

SEC. 145.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act,\2\ the governing international 
fishery agreement between the Government of the United States 
of America and the Government of Portugal Concerning Fisheries 
Off the Coasts of the United States, as contained in the 
message to Congress from the President of the United States 
dated December 1, 1980--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is hereby approved by Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976; and
          (2) shall enter into force and effect with respect to 
        the United States on the date of the enactment of this 
        title.
          * * * * * * *
                          2. Marine Pollution

                      a. Oil Pollution Act of 1990

Partial text of Public Law 101-380 [H.R. 1465], 104 Stat. 484, approved 
                            August 18, 1990

AN ACT To establish limitations on liability for damages resulting from 
oil pollution, to establish a fund for the payment of compensation for 
                 such damages, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Oil Pollution Act of 1990''.
---------------------------------------------------------------------------
    \1\ 33 U.S.C. 2701 note.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL

SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL 
                    REGIME.

    It is the sense of the Congress that it is in the best 
interests of the United States to participate in an 
international oil pollution liability and compensation regime 
that is at least as effective as Federal and State laws in 
preventing incidents and in guaranteeing full and prompt 
compensation for damages resulting from incidents.

SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.

    (a) Review.--The Secretary of State shall review relevant 
international agreements and treaties with the Government of 
Canada, including the Great Lakes Water Quality Agreement, to 
determine whether amendments or additional international 
agreements are necessary to--
          (1) prevent discharges of oil on the Great Lakes;
          (2) ensure an immediate and effective removal of oil 
        on the Great Lakes; and
          (3) fully compensate those who are injured by a 
        discharge of oil on the Great Lakes.
    (b) Consultation.--In carrying out this section, the 
Secretary of State shall consult with the Department of 
Transportation, the Environmental Protection Agency, the 
National Oceanic and Atmospheric Administration, the Great 
Lakes States, the International Joint Commission, and other 
appropriate agencies.
    (c) Report.--The Secretary of State shall submit a report 
to the Congress on the results of the review under this section 
within 6 months after the date of the enactment of this Act.

SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.

    (a) Review.--The Secretary of State shall review relevant 
international agreements and treaties with the Government of 
Canada, to determine whether amendments or additional 
international agreements are necessary to--
          (1) prevent discharges of oil on Lake Champlain;
          (2) ensure an immediate and effective removal of oil 
        on Lake Champlain; and
          (3) fully compensate those who are injured by a 
        discharge of oil on Lake Champlain.
    (b) Consultation.--In carrying out this section, the 
Secretary of State shall consult with the Department of 
Transportation, the Environmental Protection Agency, the 
National Oceanic and Atmospheric Administration, the States of 
Vermont and New York, the International Joint Commission, and 
other appropriate agencies.
    (c) Report.--The Secretary of State shall submit a report 
to the Congress on the results of the review under this section 
within 6 months after the date of the enactment of this Act.

SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.

    The President shall encourage appropriate international 
organizations to establish an international inventory of spill 
removal equipment and personnel.

SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET 
                    SOUND.

    Congress urges the Secretary of State to enter into 
negotiations with the Government of Canada to ensure that 
tugboat escorts are required for all tank vessels with a 
capacity over 40,000 deadweight tons in the Strait of Juan de 
Fuca and in Haro Strait.
          * * * * * * *
                 b. Act to Prevent Pollution from Ships

  Public Law 96-478 [H.R. 6665], 94 Stat. 2297, approved October 21, 
  1980; as amended by Public Law 100-220 [United States-Japan Fishery 
 Agreement Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved 
December 29, 1987; Public Law 101-225 [Coast Guard Authorization Act of 
 1989; H.R. 2459], 103 Stat. 1908, approved December 12, 1989; Public 
  Law 101-380 [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, 
approved August 18, 1990; Public Law 102-241 [Coast Guard Authorization 
 Act, Fiscal Year 1992; H.R. 1776], 105 Stat. 2208, approved December 
 19, 1991; Public Law 103-160 [National Defense Authorization Act for 
  Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
1993; Public Law 104-201 [National Defense Authorization Act for Fiscal 
  Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; 
Public Law 104-227 [Antarctic Science, Tourism, and Conservation Act of 
1996; H.R. 3060], 110 Stat. 3034, approved October 2, 1996; Public Law 
  104-324 [Coast Guard Authorization Act of 1996; S. 1004], 110 Stat. 
3901, approved October 19, 1996; and Public Law 105-261 [Strom Thurmond 
National Defense Authorization Act of Fiscal Year 1999; H.R. 3616], 112 
                 Stat. 1920, approved October 17, 1998

AN ACT To implement the Protocol of 1978 Relating to the International 
 Convention for the Prevention of Pollution from Ships, 1973, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Act to Prevent Pollution from 
Ships''.
    Sec. 2.\1\ (a) \2\ Unless the context indicates otherwise, 
as used in this Act--
---------------------------------------------------------------------------
    \1\ 33 U.S.C. 1901.
    \2\ Sec. 2101 of Public Law 100-220 (101 Stat. 1460) inserted 
``(a)'' after ``Sec. 2.'', and amended the text of subsec. (a)(1) (as 
redesignated) that previously read as follows:
    ``(1) `MARPOL Protocol' means the Protocol of 1978 Relating to the 
International Convention for the Prevention of Pollution from Ships, 
1973, done at London on February 17, 1978. This Protocol incorporates 
and modifies the International Convention for the Prevention of 
Pollution from Ships, 1973, done at London on November 2, 1973;''.
---------------------------------------------------------------------------
          (1) \3\ ``Antarctica'' means the area south of 60 
        degrees south latitude;
---------------------------------------------------------------------------
    \3\ Sec. 201(a) of Public Law 104-227 (110 Stat. 3042) redesignated 
paras. (1) through (10) as paras. (3) through (12), and added new 
paras. (1) and (2).
---------------------------------------------------------------------------
          (2) \3\ ``Antarctic Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          (3) \3\ ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          (4) \3\ ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        and V thereto, including any modification or amendments 
        to the Convention, Protocols, or Annexes which have 
        entered into force for the United States; \4\
---------------------------------------------------------------------------
    \4\ Sec. 2101(3) of Public Law 100-220 (101 Stat. 1460) inserted 
the words to this point beginning with ``Annexes I''.
---------------------------------------------------------------------------
          (5) \3\ ``discharge'' and ``garbage'' \5\ and 
        ``harmful substance'' and ``incident'' shall have the 
        meanings provided in the Convention;
---------------------------------------------------------------------------
    \5\ Sec. 2101(4) of Public Law 100-220 (101 Stat. 1460) inserted 
``and `garbage' ''.
---------------------------------------------------------------------------
          (6) \3\ ``owner'' means any person holding title to, 
        or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          (7) \3\ ``operator'' means--
                  (A) in the case of a ship, a charterer by 
                demise or any other person, except the owner, 
                who is responsible for the operation, manning, 
                victualing, and supplying of the vessel, or
                  (B) in the case of a terminal, any person, 
                except the owner, responsible for the operation 
                of the terminal by agreement with the owner;
          (8) \3\ ``person'' means an individual, firm, public 
        or private corporation, partnership, association, 
        State, municipality, commission, political subdivision 
        of a State, or any interstate body;
          (9) \3\ ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (10) \3\ ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms; \6\
---------------------------------------------------------------------------
    \6\ Sec. 1003(f) of Public Law 103-160 (107 Stat. 1748) struck out 
``and'' at the end of para. (10), originally enacted as para (8); 
redesignated the following para., now para. 12; and added a new para. 
(9), now para. (11).
---------------------------------------------------------------------------
          (11) \3\, \6\ ``submersible'' means a 
        submarine, or any other vessel designed to operate 
        under water; and
          (12) \3\, \6\ ``terminal'' means an 
        onshore facility or an offshore structure located in 
        the navigable waters of the United States or subject to 
        the jurisdiction of the United States and used, or 
        intended to be used, as a port or facility for the 
        transfer or other handling of a harmful substance.
    (b) \7\ For purposes of this Act, the requirements of Annex 
V shall apply to the navigable waters of the United States, as 
well as to all other waters and vessels over which the United 
States has jurisdiction.
---------------------------------------------------------------------------
    \7\ Sec. 2101(5) of Public Law 100-220 (101 Stat. 1461) added 
subsec. (b).
---------------------------------------------------------------------------
    (c) \8\ For the purposes of this Act, the requirements of 
Annex IV to the Antarctic Protocol shall apply in Antarctica to 
all vessels over which the United States has jurisdiction.
---------------------------------------------------------------------------
    \8\ Sec. 201(a)(3) of Public Law 104-227 (110 Stat. 3042) added 
subsec. (c).
---------------------------------------------------------------------------
    Sec. 3.\9\ (a) \10\ This Act shall apply--
---------------------------------------------------------------------------
    \9\ 33 U.S.C. 1902.
    \10\ Secs. 2102 of Public Law 100-220 (101 Stat. 1461) amended and 
restated subsecs. (a) through (c), which previously read as follows:
    ``Sec. 3. (a) This Act applies to--
---------------------------------------------------------------------------

  ``(1) a ship of United States registry or nationality, or one operated 
under the authority of the United States, wherever located;

  ``(2) a ship registered in or of the nationality of a country party to 
the MARPOL Protocol, or one operated under the authority of a country party 
to the MARPOL Protocol, while in the navigable waters of the United States; 
and

  ``(3) a ship registered in or of the nationality of a country not a party 
to the MARPOL Protocol, under subsection (c) of this section, while in the 
navigable waters of the United States.
---------------------------------------------------------------------------

    ``(b) This Act does not apply to--
---------------------------------------------------------------------------

  ``(1) a warship, naval auxiliary, or other ship owned or operated by the 
United States when engaged in noncommercial service; or

  ``(2) any other ship specifically excluded by the MARPOL Protocol.
---------------------------------------------------------------------------

    ``(c) The Secretary shall prescribe regulations applicable to the 
ships of a country not a party to the MARPOL Protocol to ensure that 
their treatment is not more favorable than that accorded ships of 
parties to the MARPOL Protocol.''.
---------------------------------------------------------------------------
          (1) to a ship of United States registry or 
        nationality, or one operated under the authority of the 
        United States, wherever located;
          (2) with respect to Annexes I and II to the 
        Convention, to a ship, other than a ship referred to in 
        paragraph (1), while in the navigable waters of the 
        United States;
          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; and
          (4) with respect to regulations prescribed under 
        section 6 of this Act, any port or terminal in the 
        United States
    (b) \10\ (1) Except as provided in paragraph (2), this Act 
shall not apply to--
          (A) a warship, naval auxiliary, or other ship owned 
        or operated by the United States when engaged in 
        noncommercial service; or
          (B) any other ship specifically excluded by the 
        MARPOL Protocol or the Antarctic Protocol.\11\
---------------------------------------------------------------------------
    \11\ Sec. 201(b) of Public Law 104-227 (110 Stat. 3042) inserted 
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
    (2)(A) Notwithstanding any provision of the MARPOL 
Protocol, and subject to subparagraph (B) of this paragraph, 
the requirements of Annex V to the Convention shall apply as 
follows: \12\
---------------------------------------------------------------------------
    \12\ Sec. 1003(a) of Public Law 103-160 (107 Stat. 1745) struck out 
``after 5 years after the effective date of this paragraph to a ship 
referred to in paragraph (1)(A).'' and inserted in lieu thereof ``as 
follows'' and clauses (i) through (iii).
---------------------------------------------------------------------------
          (i) \12\ After December 31, 1993, to all ships 
        referred to in paragraph (1)(A) of this subsection 
        other than those owned or operated by the Department of 
        the Navy.
          (ii) \12\ Except as provided in subsection (c) of 
        this section, after December 31, 1998, to all ships 
        referred to paragraph (1)(A) of this subsection other 
        than submersibles owned or operated by the Department 
        of the Navy.
          (iii) \12\ Except as provided in subsection (c) of 
        this section, after December 31, 2008, to all ships 
        referred to in paragraph (1)(A) of this subsection.
    (B) This paragraph shall not apply during time of war or 
declared national emergency.
    (c) \10\, \13\ Discharges in Special Areas.--(1) 
Except as provided in paragraphs (2) and (3), not later than 
\14\ December 31, 2000, all surface ships owned or operated by 
the Department of the Navy, and not later than December 31, 
2008, all submersibles owned or operated by the Department of 
the Navy, shall comply with the special area requirements of 
Regulation 5 of Annex V to the Convention.
---------------------------------------------------------------------------
    \13\ Sec. 1003(b)(2) of Public Law 103-160 (107 Stat. 1746) added 
subsec. (c).
    \14\ Sec. 324(a)(1) of Public Law 104-201 (110 Stat. 2480) struck 
out ``Not later than'' and inserted in lieu thereof ``Except as 
provided in paragraphs (2) and (3), not later than''.
---------------------------------------------------------------------------
    (2) \15\ (A) Subject to subparagraph (B), any ship 
described in subparagraph (C) may discharge, without regard to 
the special area requirements of Regulation 5 of Annex V to the 
Convention, the following non-plastic, non-floating garbage:
---------------------------------------------------------------------------
    \15\ Sec. 324(a)(2) of Public Law 104-201 (110 Stat. 2480) struck 
out paras. (2), (3), and (4), and added new paras. (2) and (3).
---------------------------------------------------------------------------
          (i) A slurry of seawater, paper, cardboard, or food 
        waste that is capable of passing through a screen with 
        openings no larger than 12 millimeters in diameter.
          (ii) Metal and glass that have been shredded and 
        bagged so as to ensure negative buoyancy.
          (iii) \16\ With regard to a submersible, nonplastic 
        garbage that has been compacted and weighted to ensure 
        negative buoyancy.
---------------------------------------------------------------------------
    \16\ Sec. 326(a) of Public Law 105-261 (112 Stat. 1965) added 
clause (iii) and struck out ``subparagraph (A)(ii)'' and inserted in 
lieu thereof ``clauses (ii) and (iii) of subparagraph (A)''.
---------------------------------------------------------------------------
    (B)(i) Garbage described in subparagraph (A)(i) may not be 
discharged within 3 nautical miles of land.
    (ii) Garbage described in clauses (ii) and (iii) of 
subparagraph (A) \16\ may not be discharged within 12 nautical 
miles of land.
    (C) This paragraph applies to any ship that is owned or 
operated by the Department of the Navy that, as determined by 
the Secretary of the Navy--
          (i) has unique military design, construction, 
        manning, or operating requirements; and
          (ii) cannot fully comply with the special area 
        requirements of Regulation 5 of Annex V to the 
        Convention because compliance is not technologically 
        feasible or would impair the operations or operational 
        capability of the ship.
    (3) \15\ (A) Not later than December 31, 2000, the 
Secretary of the Navy shall prescribe and publish in the 
Federal Register standards to ensure that each ship described 
in subparagraph (B) is, to the maximum extent practicable 
without impairing the operations or operational capabilities of 
the ship, operated in a manner that is consistent with the 
special area requirements of Regulation 5 of Annex V to the 
Convention.
    (B) Subparagraph (A) applies to surface ships that are 
owned or operated by the Department of the Navy that the 
Secretary plans to decommission during the period beginning on 
January 1, 2001, and ending on December 31, 2005.
    (C) At the same time that the Secretary publishes standards 
under subparagraph (A), the Secretary shall publish in the 
Federal Register a list of the ships covered by subparagraph 
(B).
    (d) \17\ The Secretary shall prescribe regulations 
applicable to the ships of a country not a party to the MARPOL 
Protocol, including regulations conforming to and giving effect 
to the requirements of Annex V as they apply under subsection 
(a) of section 3, to ensure that their treatment is not more 
favorable than that accorded ships to parties to the MARPOL 
Protocol.
---------------------------------------------------------------------------
    \17\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746) 
redesignated this subsection from subsec. (c) to subsec. (d).
---------------------------------------------------------------------------
    (e) \18\ Compliance by Excluded Vessels.--(1) The Secretary 
of the Navy shall develop and, as appropriate, support the 
development of technologies and practices for solid waste 
management aboard ships owned or operated by the Department of 
the Navy, including technologies and practices for the 
reduction of the waste stream generated aboard such ships, that 
are necessary to ensure the compliance of such ships with Annex 
V to the Convention on or before the dates referred to in 
subsections (b)(2)(A) and (c)(1) of this section.
---------------------------------------------------------------------------
    \18\ Sec. 1003(c) of Public Law 103-160 (107 Stat. 1746) added 
subsec. (e).
---------------------------------------------------------------------------
    (2) Notwithstanding any effective date of the application 
of this section to a ship, the provisions of Annex V to the 
Convention with respect to the disposal of plastic shall apply 
to ships equipped with plastic processors required for the 
long-term collection and storage of plastic aboard ships of the 
Navy upon the installation of such processors in such ships.
    (3) Except when necessary for the purpose of securing the 
safety of the ship, the health of the ship's personnel, or 
saving life at sea, it shall be a violation of this Act for a 
ship referred to in subsection (b)(1)(A) of this section that 
is owned or operated by the Department of the Navy:
          (A) With regard to a submersible, to discharge 
        buoyant garbage or \19\ plastic.
---------------------------------------------------------------------------
    \19\ Sec. 326(b) of Public Law 105-261 (112 Stat. 1965) struck out 
``garbage that contains more than the minimum amount practicable of''.
---------------------------------------------------------------------------
          (B) With regard to a surface ship, to discharge 
        plastic contaminated by food during the last 3 days 
        before the ship enters port.
          (C) With regard to a surface ship, to discharge 
        plastic, except plastic that is contaminated by food, 
        during the last 20 days before the ship enters port.
    (4) The Secretary of Defense shall publish in the Federal 
Register:
          (A) \20\ Each year, the amount and nature of the 
        discharges in special areas, not otherwise authorized 
        under this Act, during the preceding year from ships 
        referred to in subsection (b)(1)(A) of this section 
        owned or operated by the Department of the Navy.
---------------------------------------------------------------------------
    \20\ Sec. 324(d) of Public Law 104-201 (110 Stat. 2481) amended and 
restated subpara. (A). It formerly read as follows:
    ``(A) Beginning on October 1, 1994, and each year thereafter until 
October 1, 2000, the amount and nature of the discharges in special 
areas, not otherwise authorized under Annex V to the Convention, during 
the preceding year from ships referred to in subsection (b)(1)(A) of 
this section owned or operated by the Department of the Navy.''.
---------------------------------------------------------------------------
          (B) Beginning on October 1, 1996, and each year 
        thereafter until October 1, 1998, a list of the names 
        of such ships equipped with plastic processors pursuant 
        to section 1003(e) of the National Defense 
        Authorization Act for Fiscal Year 1994.
    (f) \21\ Waiver Authority.--The President may waive the 
effective dates of the requirements set forth in subsection (c) 
of this section and in subsection 1003(e) of the National 
Defense Authorization Act for Fiscal Year 1994 if the President 
determines it to be in the paramount interest of the United 
States to do so. Any such waiver shall be for a period not in 
excess of one year. The President shall submit to the Congress 
each January a report on all waivers from the requirements of 
this section granted during the preceding calendar year, 
together with the reasons for granting such waivers.
---------------------------------------------------------------------------
    \21\ Sec. 1003(d) of Public Law 103-160 (107 Stat. 1747) added 
subsec. (f).
---------------------------------------------------------------------------
    (g) \22\ The heads of Federal departments and agencies 
shall prescribe standards applicable to ships excluded from 
this Act by subsection (b)(1) of this section and for which 
they are responsible. Standards prescribed under this 
subsection shall ensure, so far as is reasonable and 
practicable without impairing the operations or operational 
capabilities of such ships, that such ships act in a manner 
consistent with the MARPOL Protocol.
---------------------------------------------------------------------------
    \22\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746) 
redesignated this subsection from subsec. (d) to subsec. (g).
---------------------------------------------------------------------------
    Sec. 4.\23\ (a) Unless otherwise specified in this Act,\24\ 
the Secretary shall administer and enforce the MARPOL Protocol, 
Annex IV to the Antarctic Protocol,\25\ and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the Convention apply \24\ only to 
seagoing ships.
---------------------------------------------------------------------------
    \23\ 33 U.S.C. 1903. Public Law 102-388 (106 Stat. 1542) provided 
the following: ``That notwithstanding any other provision of law, the 
Secretary of State shall communicate to the Government of Panama, 
within three months of the enactment of this section, the 
dissatisfaction of the Government of the United States concerning 
inadequate compliance by Panama with the enforcement provisions of 
Annex V of the International Convention for the Prevention of Pollution 
from ships (MARPOL 73/78), and the Secretary of State and the Secretary 
of Transportation, in consultation with the Commandant of the Coast 
Guard, shall further provide no later than March 15, 1993, a written 
report to the Congress describing and assessing (1) the actions taken 
by the Government of Panama since August 1, 1992, to investigate and, 
where appropriate, penalize Panamanian flag ships which have been 
reported by other nations to have violated the provisions of Annex V of 
MARPOL 73/78, (2) any efforts taken by the Government of Panama to 
ensure improved compliance with the provisions of Annex V of MARPOL 73/
78 on the part of Panamanian flag ships, and (3) the actions by the 
Government of the United States in the implementation of its new 
enforcement policy for Annex V of MARPOL 73/78, including penalty 
actions taken against foreign flag vessels by the coast Guard for 
violations by those vessels occurring within the exclusive economic 
zone of the United States.''.
    \24\ Sec. 2107(a) of Public Law 100-220 (101 Stat. 1464) struck out 
``herein'' and inserted in lieu thereof ``in this Act'', and struck out 
``MARPOL Protocol shall be applicable'' and inserted in lieu thereof 
``Convention apply''.
    \25\ Sec. 201(c) of Public Law 104-227 (110 Stat. 3042) inserted 
``, Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
    (b)(1) \26\ The Secretary shall prescribe any necessary or 
desired regulations to carry out the provisions of the MARPOL 
Protocol, Annex IV to the Antarctic Protocol,\25\ or this Act.
---------------------------------------------------------------------------
    \26\ Sec. 2107 of Public Law 100-220 (101 Stat. 1464) inserted 
``(1)'' after ``(b)'', and added a new subpara. (2).
---------------------------------------------------------------------------
    (2) \26\ The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) \27\ prescribe regulations which--
---------------------------------------------------------------------------
    \27\ Sec. 201(c)(3) of Public Law 104-227 (110 Stat. 3042) struck 
out ``within 1 year after the effective date of this paragraph,'' at 
the beginning of subpara. (A).
---------------------------------------------------------------------------
                  (i) require certain ships described in 
                section 3(a)(1) to maintain refuse record books 
                and shipboard management plans, and to display 
                placards which notify the crew and passengers 
                of the requirements of Annex V to the 
                Convention and of Annex IV to the Antarctic 
                Protocol; \25\ and
                  (ii) specify the ships described in section 
                3(a)(1) to which the regulations apply;
          (B) seek an international agreement or international 
        agreements which apply requirements equivalent to those 
        described in subparagraph (A)(i) to all vessel subject 
        to Annex V to the Convention; and
          (C) within 2 years after the effective date of this 
        paragraph, report to the Congress--
                  (i) regarding activities of the Secretary 
                under subparagraph (B); and
                  (ii) if the Secretary has not obtained 
                agreements pursuant to subparagraph (B) 
                regarding the desirability of applying the 
                requirements described in subparagraph (A)(i) 
                to all vessels described in section 3(a) which 
                call at United States ports.
    (c) The Secretary may utilize by agreement, with or without 
reimbursement, personnel, facilities, or equipment of other 
Federal departments and agencies in administering the MARPOL 
Protocol, this Act, or the regulations thereunder.
    Sec. 5.\28\ (a) The Secretary shall designate those persons 
authorized to issue on behalf of the United States the 
certificates required by the MARPOL Protocol. A certificate 
required by the MARPOL Protocol shall not be issued to a ship 
which is registered in or of the nationality of a country which 
is not a party to the MARPOL Protocol.
---------------------------------------------------------------------------
    \28\ 33 U.S.C. 1904.
---------------------------------------------------------------------------
    (b) A certificate issued by a country which is a party to 
the MARPOL Protocol has the same validity as a certificate 
issued by the Secretary under the authority of the MARPOL 
Protocol.
    (c) A ship required by the MARPOL Protocol to have a 
certificate--
          (1) shall carry a valid certificate onboard in the 
        manner prescribed by the authority issuing the 
        certificate; and
          (2) is subject to inspection while in a port or 
        terminal under the jurisdiction of the United States.
    (d) An inspection conducted under subsection (c)(2) of this 
section is limited to verifying whether or not a valid 
certificate is onboard, unless clear grounds exist which 
reasonably indicate that the condition of the ship or its 
equipment does not substantially agree with the particulars of 
its certificate. This section shall not limit the authority of 
any official or employee of the United States under any other 
treaty, law, or regulation to board and inspect a ship or its 
equipment.
    (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard;
shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
environment. The detention order may authorize the ship to 
proceed to the nearest appropriate available shipyard rather 
than remaining at the place where the violation was discovered.
    (f) If a ship is under a detention order under this 
section, the Secretary of the Treasury, upon the request of the 
Secretary, may refuse or revoke--
          (1) the clearance required by section 4197 of the 
        Revised Statutes of the United States, as amended (46 
        U.S.C. 91); or
          (2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 442 of the Tariff Act of 1930, as amended 
        (19 U.S.C. 1443).
    (g) A person whose ship is subject to a detention order 
under this section may petition the Secretary, in the manner 
prescribed by regulation, to review the detention order. Upon 
receipt of a petition under this subsection, the Secretary 
shall affirm, modify, or withdraw the detention order within 
the time prescribed by regulation.
    (h) A ship unreasonably detained or delayed by the 
Secretary acting under the authority of this Act is entitled to 
compensation for any loss or damage suffered thereby.
    Sec. 6.\29\ (a)(1) \30\ The Secretary, after consultation 
with the Administrator of the Environmental Protection Agency, 
shall establish regulations setting criteria for determining 
the adequacy of a port's or terminal's reception facilities for 
mixtures containing oil or noxious liquid substances \30\ and 
shall establish procedures whereby a person in charge of a port 
or terminal may request the Secretary to certify that the 
port's or terminal's facilities for receiving the residues and 
mixtures containing oil or noxious liquid substance from 
seagoing ships are adequate.
---------------------------------------------------------------------------
    \29\ 33 U.S.C. 1905
    \30\ Sec. 2103 of Public Law 100-220 (101 Stat. 1461) inserted 
``(1)'' after ``(a)'' and struck out ``reception facilities of a port 
or terminal'' and inserted in lieu thereof ``a port's or terminal's 
reception facilities for mixtures containing oil or noxious liquid 
substances''.
---------------------------------------------------------------------------
    (2) \31\ The Secretary, after consulting with appropriate 
Federal agencies, shall establish regulations setting criteria 
for determining the adequacy of reception facilities for 
garbage at a port or terminal, and stating such additional 
measures and requirements as are appropriate to ensure such 
adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that such facilities 
are available, for receiving garbage in accordance with those 
regulations.
---------------------------------------------------------------------------
    \31\ Sec. 2103(a) of Public Law 100-220 (101 Stat. 1461) added 
para. 2.
---------------------------------------------------------------------------
    (b) In determining the adequacy of reception facilities 
required by the MARPOL Protocol or the Antarctic Protocol \32\ 
at a port or terminal, and in establishing regulations under 
subsection (a) of this section,\33\ the Secretary may consider, 
among other things, the number and types of ships or \33\ 
seagoing ships using the port or terminal, including their 
principal trades.
---------------------------------------------------------------------------
    \32\ Sec. 201(d)(1) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
    \33\ Sec. 2103(b) of Public Law 100-220 (101 Stat. 1462) inserted 
``and in establishing regulations under subsection (a) of this 
section,'' and inserted ``ships or''.
---------------------------------------------------------------------------
    (c)(1) \34\ If reception facilities of a port or terminal 
meet the requirements of Annex I and Annex II \35\ to the 
Convention and the regulations prescribed under subsection 
(a)(1), the Secretary shall, after consultation with the 
Administrator of the Environmental Protection Agency, issue a 
certificate to that effect to the applicant.
---------------------------------------------------------------------------
    \34\ Sec. 2103(c) of Public Law 100-220 (101 Stat. 1462) amended 
and restated subsec. (c), which previously read as follows:
    ``(c) If, upon inspection, reception facilities of a port or 
terminal are adequate to meet the requirements of the MARPOL Protocol 
and the regulations established hereunder, the Secretary shall, after 
consultation with the Administrator of the Environmental Protection 
Agency, issue a certificate to that effect to the applicant. A 
certificate issued under this subsection--
---------------------------------------------------------------------------

  ``(1) is valid until suspended or revoked by the Secretary for cause or 
because of changed conditions; and

  ``(2) shall be available for inspection upon the request of the master, 
other person in charge, or agent of a seagoing ship using or intending to 
use the port or terminal.

``The suspension or revocation of a certificate issued under this 
subsection may be appealed to the Secretary and acted on by him in the 
manner prescribed by regulation.''.
---------------------------------------------------------------------------

    \35\ Sec. 201(1) of Public Law 101-224 (103 Stat. 1910) struck out 
``Annex V'' and inserted in lieu thereof ``Annex I and Annex II''.
---------------------------------------------------------------------------
    (2) \36\ (A) Subject to subparagraph (B), if reception 
facilities of a port or terminal meet the requirements of Annex 
V to the Convention and the regulations prescribed under 
subsection (a)(2), the Secretary may, after consultation with 
appropriate Federal agencies, issue a certificate to that 
effect to the person in charge of the port or terminal.
---------------------------------------------------------------------------
    \36\ Sec. 801(a) of Public Law 104-324 (110 Stat. 3943) struck out 
``(2) If''; inserted in lieu thereof ``(2)(A) Subject to subparagraph 
(B), if''; and added subparas. (B) and (C).
---------------------------------------------------------------------------
    (B) \36\ The Secretary may not issue a certificate 
attesting to the adequacy of reception facilities under this 
paragraph unless, prior to the issuance of the certificate, the 
Secretary conducts an inspection of the reception facilities of 
the port or terminal that is the subject of the certificate.
    (C) \36\ The Secretary may, with respect to certificates 
issued under this paragraph prior to the date of enactment of 
the Coast Guard Authorization Act of 1996, prescribe by 
regulation differing periods of validity for such certificates.
    (3) A certificate issued under this subsection--
          (A) \37\ is valid for the 5-year period beginning on 
        the date of issuance of the certificate, except that 
        if--
---------------------------------------------------------------------------
    \37\ Sec. 801(a)(3) of Public Law 104-324 (110 Stat. 3944) amended 
and restated subpara. (A).
---------------------------------------------------------------------------
                  (i) the charge for operation of the port or 
                terminal is transferred to a person or entity 
                other than the person or entity that is the 
                operator on the date of issuance of the 
                certificate--
                          (I) the certificate shall expire on 
                        the date that is 30 days after the date 
                        of the transfer; and
                          (II) the new operator shall be 
                        required to submit an application for a 
                        certificate before a certificate may be 
                        issued for the port or terminal; or
                  (ii) the certificate is suspended or revoked 
                by the Secretary, the certificate shall cease 
                to be valid; and
          (B) shall be available for inspection upon the 
        request of the master, other person in charge, or agent 
        of a ship using or intending to use the port or 
        terminal.
    (4) The suspension or revocation of a certificate issued 
under this subsection may be appealed to the Secretary and 
acted on by the Secretary in the manner prescribed by 
regulation.
    (d) \38\ (1) The Secretary shall maintain a list of ports 
or terminals with respect to which a certificate issued under 
this section--
---------------------------------------------------------------------------
    \38\ Sec. 801(a)(4) of Public Law 104-324 (110 Stat. 3944) amended 
and restated subsec. (d).
---------------------------------------------------------------------------
          (A) is in effect; or
          (B) has been revoked or suspended.
    (2) The Secretary shall make the list referred to in 
paragraph (1) available to the general public.
    (e)(1) \39\ Except in the case of force majeure, the 
Secretary shall deny entry to a seagoing ship required by the 
Convention or the Antarctic Protocol \40\ to retain onboard 
while at sea, residues and mixtures containing oil or noxious 
liquid substances, if--
---------------------------------------------------------------------------
    \39\ Sec. 2103(d) of Public Law 100-220 (101 Stat. 1462) inserted 
``(1)'' after ``(e)''; redesignated paras. (1) and (2) as subparas. (A) 
and (B); struck out ``the MARPOL Protocol'' and inserted in lieu 
thereof ``Annexes I and II of the Convention''; and added a new 
subpara. (2).
    \40\ Sec. 201(d)(2) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
          (A) \39\ the port or terminal is one required by 
        Annexes I and II of the Convention \39\ or Article 9 of 
        Annex IV to the Antarctic Protocol \41\ or regulations 
        hereunder to have adequate reception facilities; and
---------------------------------------------------------------------------
    \41\ Sec. 201(d)(3) of Public Law 104-227 (110 Stat. 3043) inserted 
``or Article 9 of Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
          (B) \39\ the port or terminal does not hold a valid 
        certificate issued by the Secretary under this section.
    (2) \39\ The Secretary may deny the entry of a ship to a 
port or terminal required by regulations issued under this 
section to provide adequate reception facilities for garbage if 
the port or terminal is not in compliance with those 
regulations.
    (f)(1) \42\ The Secretary is authorized to conduct surveys 
of existing reception facilities in the United States to 
determine measures needed to comply with MARPOL Protocol or the 
Antarctic Protocol.\43\
---------------------------------------------------------------------------
    \42\ Sec. 801(b) of Public Law 104-324 (110 Stat. 3944) added para. 
designation ``(1)'' and added a new para. (2), with subpara. 
designation ``(A)'', though there is no subpara. (B).
    \43\ Sec. 201(d)(4) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
    (2) \42\ (A) Not later than 18 months after the date of 
enactment of the Coast Guard Authorization Act of 1996, the 
Secretary shall promulgate regulations that require the 
operator of each port or terminal that is subject to any 
requirement of the MARPOL Protocol relating to reception 
facilities to post a placard in a location that can easily be 
seen by port and terminal users. The placard shall state, at a 
minimum, that a user of a reception facilities of the port or 
terminal should report to the Secretary any inadequacy of the 
reception facility.
    Sec. 7.\44\ (a) The master, person in charge, owner, 
charterer, manager, or operator of a ship involved in an 
incident shall report the incident in the manner prescribed by 
Article 8 of the Convention in accordance with regulations 
promulgated by the Secretary for that purpose.
---------------------------------------------------------------------------
    \44\ 33 U.S.C. 1906. Sec. 39 of Public Law 102-241 (105 Stat. 2225) 
amended and restated sec. 7.
---------------------------------------------------------------------------
    (b) The master or person in charge of--
          (1) a ship of United States registry or nationality, 
        or operated under the authority of the United States, 
        wherever located;
          (2) another ship while in the navigable waters of the 
        United States; or
          (3) a sea port or oil handling facility subject to 
        the jurisdiction of the United States, shall report a 
        discharge, probable discharge, or presence of oil in 
        the manner prescribed by Article 4 of the International 
        Convention on Oil Pollution Preparedness, Response and 
        Cooperation, 1990 (adopted at London, November 30, 
        1990), in accordance with regulations promulgated by 
        the Secretary for that purpose.
    Sec. 8.\45\ (a) It is unlawful to act in violation of the 
MARPOL Protocol, Annex IV to the Antarctic Protocol,\46\ this 
Act, or the regulations issued thereunder. The Secretary shall 
cooperate with other parties to the MARPOL Protocol or to the 
Antarctic Protocol \47\ in the detection of violations and in 
enforcement of the MARPOL Protocol and Annex IV to the 
Antarctic Protocol.\48\ The Secretary shall use all appropriate 
and practical measures of detection and environmental 
monitoring, and shall establish adequate procedures for 
reporting violations and accumulating evidence.
---------------------------------------------------------------------------
    \45\ 33 U.S.C. 1907.
    \46\ Sec. 201(e)(1) of Public Law 104-227 (110 Stat. 3043) inserted 
``Annex IV to the Antarctic Protocol,''.
    \47\ Sec. 201(e)(2)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or to the Antarctic Protocol''.
    \48\ Sec. 201(e)(2)(B) of Public Law 104-227 (110 Stat. 3043) 
inserted ``and Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
    (b) Upon receipt of evidence that a violation has occurred, 
the Secretary shall cause the matter to be investigated. In any 
investigation under this section the Secretary may issue 
subpenas to require the attendance of any witness and the 
production of documents and other evidence. In case of refusal 
to obey a subpena issued to any person, the Secretary may 
request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel 
compliance. Upon completion of the investigation, the Secretary 
shall take the action required by the MARPOL Protocol or the 
Antarctic Protocol \49\ and whatever further action he 
considers appropriate under the circumstances. If the initial 
evidence was provided by a party to the MARPOL Protocol or the 
Antarctic Protocol,\49\ the Secretary, acting through the 
Secretary of State, shall inform that party of the action taken 
or proposed.
---------------------------------------------------------------------------
    \49\ Sec. 201(e)(3) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
    (c)(1) \50\ This subsection applies to inspection relating 
to possible violations of Annex I or Annex II to the 
Convention, of Article 3 or Article 4 of Annex IV to the 
Antarctic Protocol,\51\ or of this Act \52\ by any seagoing 
ship referred to in section 3(a)(2) of this Act.
---------------------------------------------------------------------------
    \50\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) amended 
subsec. (c) by adding a new para. (1); redesignating the former first 
paragraph of subsec. (c) as para. (2), and redesignating the former 
paras. (1) and (2) as (A) and (B), respectively.
    \51\ Sec. 201(e)(4) of Public Law 104-227 (110 Stat. 3043) inserted 
``, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,''.
    \52\ Sec. 201(2) of Public Law 101-225 (103 Stat. 1910) inserted 
``or of this Act''.
---------------------------------------------------------------------------
    (2) \50\ While at a port or terminal subject to the 
jurisdiction of the United States, a ship to which the MARPOL 
Protocol or the Antarctic Protocol \53\ applies may be 
inspected by the Secretary--
---------------------------------------------------------------------------
    \53\ Sec. 201(e)(5) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol'' after ``which the MARPOL Protocol''.
---------------------------------------------------------------------------
          (A) \50\ to verify whether or not the ship has 
        discharged a harmful substance in violation of the 
        MARPOL Protocol, Annex IV to the Antarctic 
        Protocol,\54\ or this Act; or
---------------------------------------------------------------------------
    \54\ Sec. 201(e)(6) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
          (B) \50\ to comply with a request from a party to the 
        MARPOL Protocol or the Antarctic Protocol \55\ for an 
        investigation as to whether the ship may have 
        discharged a harmful substance anywhere in violation of 
        the MARPOL Protocol or Annex IV to the Antarctic 
        Protocol.\56\ An investigation may be undertaken under 
        this clause only when the requesting party has 
        furnished sufficient evidence to allow the Secretary 
        reasonably to believe that a discharge has occurred.
---------------------------------------------------------------------------
    \55\ Sec. 201(e)(7)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or the Antarctic Protocol''.
    \56\ Sec. 201(e)(7)(B) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
If an inspection under this subsection indicates that a 
violation has occurred, the investigating officer shall forward 
a report to the Secretary for appropriate action. The \57\ 
Secretary shall undertake to notify the master of the ship 
concerned and, acting in coordination with the Secretary of 
State, shall take any additional action required by Article 6 
of the Convention.
---------------------------------------------------------------------------
    \57\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) struck out 
``If a report made under this subsection involves a ship, other than 
one of United States registry or nationality or one operated under the 
authority of the United States, the'' and inserted in lieu thereof 
``The''.
---------------------------------------------------------------------------
    (d)(1) \58\ The Secretary may inspect a ship referred to in 
section 3(a)(3) of this Act to verify whether the ship has 
disposed of garbage in violation of Annex V to the Convention, 
Article 5 of Annex IV to the Antarctic Protocol,\59\ or this 
Act.
---------------------------------------------------------------------------
    \58\ Sec. 2104(b) of Public Law 100-220 (101 Stat. 1463) 
redesignated former subsec. ``(d)'' as subsec. ``(f)'' and added new 
subsecs. ``(d)'' and ``(e)''.
    \59\ Sec. 201(e)(8) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Article 5 of Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
    (2) If an inspection under this subsection indicates that a 
violation has occurred, the Secretary may undertake enforcement 
action under section 9 of this Act.
    (e)(1) \58\ The Secretary may inspect at any time a ship of 
United States registry or nationality or operating under the 
authority of the United States to which the MARPOL Protocol or 
the Antarctic Protocol \60\ applies to verify whether the ship 
has discharged a harmful substance or disposed of garbage in 
violation of those Protocols \61\ or this Act.
---------------------------------------------------------------------------
    \60\ Sec. 201(e)(9)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or the Antarctic Protocol''.
    \61\ Sec. 201(e)(9)(B) of Public Law 104-227 (110 Stat. 3043) 
struck out ``that Protocol'' and inserted in lieu thereof ``those 
Protocols''.
---------------------------------------------------------------------------
    (2) If an inspection under this subsection indicates that a 
violation of the MARPOL Protocol, of Annex IV to the Antarctic 
Protocol,\62\ or of this Act \63\ has occurred, the Secretary 
may undertake enforcement action under section 9 of this Act.
---------------------------------------------------------------------------
    \62\ Sec. 201(e)(10) of Public Law 104-227 (110 Stat. 3043) 
inserted ``, of Annex IV to the Antarctic Protocol,''.
    \63\ Sec. 201(3) of Public Law 101-225 (103 Stat. 1910) inserted 
``or of this Act''.
---------------------------------------------------------------------------
    (f) \58\ Remedies and requirements of this Act supplement 
and neither amend nor repeal any other provisions of law, 
except as expressly provided in this Act. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other remedy 
available to the United States or any other person, except as 
expressly provided in this Act.
    Sec. 9.\64\ (a) A person who knowingly violates the MARPOL 
Protocol,, Annex IV to the Antarctic Protocol,\65\ this Act, or 
the regulations issued thereunder commits a class D felony.\66\ 
In the discretion of the Court, an amount equal to not more 
than \1/2\ of such fine may be paid to the person giving 
information leading to conviction.\67\
---------------------------------------------------------------------------
    \64\ 33 U.S.C. 1908.
    \65\ Sec. 201(f) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,'' (resulting in a double 
comma).
    \66\ Sec. 4302(n) of the Oil Pollution Act of 1990 (Public Law 101-
380; 104 Stat. 539) struck out ``shall, for each violation, be fined 
not more than $50,000 or be imprisoned for not more than 5 years, or 
both.'' and inserted in lieu thereof ``commits a class D felony.''.
    \67\ Sec. 2105(a)(1) of Public Law 100-220 (101 Stat. 1463) added 
this sentence.
---------------------------------------------------------------------------
    (b) A person who is found by the Secretary, after notice 
and an opportunity for a hearing, to have--
          (1) violated the MARPOL Protocol,, Annex IV to the 
        Antarctic Protocol,\65\ this Act, or the regulations 
        issued thereunder shall be liable to the United States 
        for a civil penalty, not to exceed $25,000 for each 
        violation; or
          (2) make a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary 
        under the MARPOL Protocol,, Annex IV to the Antarctic 
        Protocol,\65\ this Act, or the regulations thereunder, 
        shall be liable to the United States for a civil 
        penalty, not to exceed $5,000 for each statement or 
        representation.
Each day of a continuing violation shall constitute a separate 
violation. The amount of the civil penalty shall be assessed by 
the Secretary, or his designee, by written notice. In 
determining the amount of the penalty, the Secretary shall take 
into account the nature, circumstances, extent, and gravity of 
the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters as justice may 
require. An amount equal to not more than \1/2\ of such 
penalties may be paid by the Secretary to the person giving 
information leading to the assessment of such penalties.\68\
---------------------------------------------------------------------------
    \68\ Sec. 2105(a)(2) of Public Law 100-220 (101 Stat. 1463) added 
this sentence.
---------------------------------------------------------------------------
    (c) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to 
assessment or which has been assessed under this section. If 
any person fails to pay an assessment of a civil penalty after 
it has become final, the Secretary may refer the matter to the 
Attorney General of the United States for collection in any 
appropriate district court of the United States.
    (d) A ship operated in violation of the MARPOL Protocol,, 
Annex IV to the Antarctic Protocol,\65\ this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.
    (e) If any ship subject to the MARPOL Protocol, Annex IV to 
the Antarctic Protocol,\69\ or this Act, its owner, operator, 
or person in charge is liable for a fine or civil penalty under 
this section, or if reasonable cause exists to believe that the 
ship, its owner, operator, or person in charge may be subject 
to a fine or civil penalty under this section, the Secretary of 
the Treasury, upon the request of the Secretary, shall refuse 
or revoke--
---------------------------------------------------------------------------
    \69\ Sec. 201(f)(5) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,'' after ``MARPOL Protocol''.
---------------------------------------------------------------------------
          (1) the clearance required by section 4197 of the 
        Revised Statutes of the United States as amended (46 
        U.S.C. 91); or
          (2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 443 of the Tariff Act 1930, as amended (19 
        U.S.C. 1443).
Clearance or a permit to proceed may be granted upon the filing 
of a bond or other surety satisfactory to the Secretary.
    (f) Notwithstanding subsection (a), (b), or (d) of this 
section, if the violation is by a ship registered in or of the 
nationality of a country party to the MARPOL Protocol or the 
Antarctic Protocol,\70\ or one operated under the authority of 
a country party to the MARPOL Protocol or the Antarctic 
Protocol,\70\ the Secretary, acting in coordination with the 
Secretary of State, may refer the matter to the government of 
the country of the ships of the ship's registry or nationality, 
or under whose authority the ship is operating \71\ for 
appropriate action, rather than taking the actions required or 
authorized by this section.
---------------------------------------------------------------------------
    \70\ Sec. 201(f)(6) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
    \71\ Sec. 2105(b) of Public Law 100-220 (101 Stat. 1463) struck out 
``to that country'' and inserted in lieu thereof ``to the government of 
the country of the ships of the ship's registry or nationality, or 
under whose authority the ship is operating''.
---------------------------------------------------------------------------
    Sec. 10.\72\ (a) A proposed amendment to the MARPOL 
Protocol received by the United States from the Secretary-
General of the International Maritime Organization \73\ 
pursuant to Article VI of the MARPOL Protocol, may be accepted 
on behalf of the United States by the President following the 
advice and consent of the Senate, except as provided for in 
subsection (b) of this section.
---------------------------------------------------------------------------
    \72\ 33 U.S.C. 1909.
    \73\ Sec. 2106 of Public Law 100-220 (101 Stat. 1463) struck out 
``Inter-Governmental Maritime Consultative Organization'' and inserted 
in lieu thereof ``International Maritime Organization''.
---------------------------------------------------------------------------
    (b) A proposed amendment to Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention,\74\ received by the United States from the 
Secretary-General of the International Maritime Organization 
\73\ pursuant to Article VI of the MARPOL Protocol, may be the 
subject of appropriate action on behalf of the United States by 
the Secretary of State following consultation with the 
Secretary, who shall inform the Secretary of State as to what 
action he considers appropriate at least 30 days prior to the 
expiration of the period specified in Article VI of the MARPOL 
Protocol during which objection may be made to any amendment 
received.
---------------------------------------------------------------------------
    \74\ Sec. 2106(2) of Public Law 100-220 (101 Stat. 1463) struck out 
``Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL 
Protocol,'' and inserted in lieu thereof ``Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention,''.
---------------------------------------------------------------------------
    (c) Following consultation with the Secretary, the 
Secretary of State may make a declaration that the United 
States does not accept an amendment proposed pursuant to 
Article VI of the MARPOL Protocol.
    Sec. 11.\75\ (a) Except as provided in subsection (b) of 
this section, any person having an interest which is, or can 
be, adversely affected, may bring an action on his own behalf--
---------------------------------------------------------------------------
    \75\ 33 U.S.C. 1910.
---------------------------------------------------------------------------
          (1) against any person alleged to be in violation of 
        the provisions of this Act, or regulations issued 
        hereunder;
          (2) against the Secretary where there is alleged a 
        failure of the Secretary to perform any act or duty 
        under this Act which is not discretionary with the 
        Secretary;
          (3) against the Secretary of the Treasury where there 
        is alleged a failure of the Secretary of the Treasury 
        to take action under section 9(e) of this Act.
    (b) No action may be commenced under subsection (a) of this 
section--
          (1) prior to 60 days after the plaintiff has given 
        notice, in writing and under oath, to the alleged 
        violator, the Secretary concerned, and the Attorney 
        General; or
          (2) if the Secretary has commenced enforcement or 
        penalty action with respect to the alleged violation 
        and is conducting such procedures diligently.
    (c) Any suit brought under this section shall be brought--
          (1) in a case concerning an onshore facility or port, 
        in the United States district court for the judicial 
        district where the onshore facility or port is located;
          (2) in a case concerning an offshore facility or 
        offshore structure under the jurisdiction of the United 
        States, in the United States district court for the 
        judicial district nearest the offshore facility or 
        offshore structure;
          (3) in a case concerning a ship, in the United States 
        district court for any judicial district wherein the 
        ship or its owner or operator may be found; or
          (4) in any case, in the District Court for the 
        District of Columbia.
    (d) The court, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to any 
party including the Federal Government.
    (e) In any action brought under this section, if the 
Secretary or Attorney General are not parties of record, the 
United States, through the Attorney General, shall have the 
right to intervene.
    Sec. 12. On the effective date of this Act--
          (a) the Oil Pollution Act, 1961, as amended (75 Stat. 
        402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal 
        or civil penalty proceeding under that Act for a 
        violation which occurred prior to the effective date of 
        this Act may be initiated or continued to conclusion as 
        though that Act had not been repealed; and
          (b) the Oil Pollution Act Amendments of 1973 (87 
        Stat. 428, Public Law 93-119) are repealed.
    Sec. 13.\76\ * * *
---------------------------------------------------------------------------
    \76\ Sec. 13 amended sec. 4417a of the Revised Statutes of the 
United States (46 U.S.C. 391a), and sec. 311(b)(3) of the Federal Water 
Pollution Control Act.
---------------------------------------------------------------------------
    Sec. 14.\77\ (a) Except as provided in subsection (b) of 
this section, this Act is effective upon the date of enactment, 
or on the date the MARPOL Protocol becomes effective as to the 
United States, whichever is later.\78\
---------------------------------------------------------------------------
    \77\ 33 U.S.C. 1901 note.
    \78\ This Act became effective, except as provided in Sec. 14(b), 
on October 2, 1983, at which time the MARPOL Protocol became effective 
as to the United States.
---------------------------------------------------------------------------
    (b) The Secretary and the heads of Federal departments 
shall have the authority to issue regulations, standards, and 
certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 
6(c), and 6(f) effective on the date of enactment of this Act. 
Section 13(a)(2) is effective upon the date of enactment of 
this Act.
    (c) Any rights or liabilities existing on the effective 
date of this Act shall not be affected by this enactment. Any 
regulations or procedures promulgated or effected pursuant to 
the Oil Pollution Act, 1961, as amended, remain in effect until 
modified or superseded by regulations promulgated under the 
authority of the MARPOL Protocol or this Act.
    Sec. 15.\79\ Nothing in this Act shall be construed as 
limiting, diminishing, or otherwise restricting any of the 
authority of the Secretary under the Port and Tanker Safety Act 
of 1978 (Public Law 95-474).
---------------------------------------------------------------------------
    \79\ 33 U.S.C. 1911.
---------------------------------------------------------------------------
    Sec. 16.\80\ * * *
---------------------------------------------------------------------------
    \80\ Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c)).
---------------------------------------------------------------------------
    Sec. 17.\81\ Any action taken under this Act shall be taken 
in accordance with international law.
---------------------------------------------------------------------------
    \81\ 33 U.S.C. 1912. Sec. 2108 of Public Law 100-220 (101 Stat. 
1464) added sec. 17.
                     c. Deepwater Port Act of 1974

Partial text of Public Law 93-627 [H.R. 10701], 88 Stat. 2126, approved 
 January 3, 1975; as amended by Public Law 98-419 [Deepwater Port Act 
  Amendments of 1984; S. 1546], 98 Stat. 1607, approved September 25, 
1984; Public Law 104-66 [Federal Reports Elimination and Sunset Act of 
 1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law 
 104-324 [Deepwater Port Modernization Act; S. 1004], 110 Stat. 3901, 
approved October 19, 1996; Public Law 107-295 [Maritime Transportation 
 Security Act of 2002; S. 1214], 116 Stat. 2064, approved November 25, 
 2002; and Public Law 109-58 [Energy Policy Act of 2005; H.R. 6], 119 
                   Stat. 544, approved August 8, 2005

AN ACT To regulate commerce, promote efficiency in transportation, and 
 protect the environment, by establishing procedures for the location, 
  construction, and operation of deepwater ports off the coast of the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Deepwater Port Act of 1974''.

                         declaration of policy

    Sec. 2.\1\ (a) It is declared to be the purposes of the 
Congress in this Act to--
---------------------------------------------------------------------------
    \1\ 33 U.S.C. 1501.
---------------------------------------------------------------------------
          (1) authorize and regulate the location, ownership, 
        construction, and operation of deepwater ports in 
        waters beyond the territorial limits of the United 
        States;
          (2) provide for the protection of the marine and 
        coastal environment to prevent or minimize any adverse 
        impact which might occur as a consequence of the 
        development of such ports;
          (3) protect the interests of the United States and 
        those of adjacent coastal States in the location, 
        construction, and operation of deepwater ports; \2\
---------------------------------------------------------------------------
    \2\ Sec. 502(b) of the Deepwater Port Modernization Act (title V of 
Public Law 104-324; 110 Stat. 3925) struck out ``and'' at the end of 
para. (3); replaced the period at the end of para. (4) with a 
semicolon; and added new paras. (5) and (6).
---------------------------------------------------------------------------
          (4) protect the rights and responsibilities of States 
        and communities to regulate growth, determine land use, 
        and otherwise protect the environment in accordance 
        with law; \2\
          (5) \2\ promote the construction and operation of 
        deepwater ports as a safe and effective means of 
        importing oil or natural gas \3\ into the United States 
        and transporting oil or natural gas \3\ from the outer 
        continental shelf while minimizing tanker traffic and 
        the risks attendant thereto; and
---------------------------------------------------------------------------
    \3\ Sec. 106(a)(1) of Public Law 107-295 (116 Stat. 2086) inserted 
``or natural gas''.
---------------------------------------------------------------------------
          (6) \2\ promote oil or natural gas \3\ production on 
        the outer continental shelf by affording an economic 
        and safe means of transportation of outer continental 
        shelf oil or natural gas \3\ to the United States 
        mainland.
    (b) The Congress declares that nothing in this Act shall be 
construed to affect the legal status of the high seas, the 
superjacent airspace, or the seabed and subsoil, including the 
Continental Shelf.

                              definitions

    Sec. 3.\4\ As used in this Act, unless the context 
otherwise requires, the term--
---------------------------------------------------------------------------
    \4\ 33 U.S.C. 1502.
---------------------------------------------------------------------------
          (1) ``adjacent coastal State'' means any coastal 
        State which (A) would be directly connected by pipeline 
        to a deepwater port, as proposed in an application; (B) 
        would be located within 15 miles of any such proposed 
        deepwater port; or (C) is designated by the Secretary 
        in accordance with section 9(a)(2) of this Act;
          (2) ``affiliate'' means any entity owned or 
        controlled by, any person who owns or controls, or any 
        entity which is under common ownership or control with 
        an applicant, licensee, or any person required to be 
        disclosed pursuant to section 5(c)(2) (A) or (B);
          (3) \5\ ``application'' means an application 
        submitted under this Act for a license for the 
        ownership, construction, and operation of a deepwater 
        port;
---------------------------------------------------------------------------
    \5\ Sec. 2(a) of Public Law 98-419 (98 Stat. 1607) amended and 
restated para. (3), originally enacted as para. (4). Sec. 503(a) of the 
Deepwater Port Modernization Act (title V of Public Law 104-324; 110 
Stat. 3926) struck out para. (3) and redesignated remaining paras. as 
(3) through (18). Former para. (3) read as follows:
    ``(3) `antitrust laws' includes the Act of July 2, 1890, as 
amended, the Act of October 15, 1914, as amended, the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.), and sections 73 and 74 of the 
Act of August 27, 1894, as amended;''.
---------------------------------------------------------------------------
          (4) \5\ ``citizen of the United States'' means any 
        person who is a United States citizen by law, birth, or 
        naturalization, any State, any agency of a State or a 
        group of States, or any corporation, partnership, or 
        association organized under the laws of any State which 
        has as its president or other executive officer and as 
        its chairman of the board of directors, or holder of a 
        similar office, a person who is a United States citizen 
        by law, birth or naturalization and which has no more 
        of its directors who are not United States citizens by 
        law, birth or naturalization than constitute a minority 
        of the number required for a quorum necessary to 
        conduct the business of the board;
          (5) \5\ ``coastal environment'' means the navigable 
        waters (including the lands therein and thereunder and 
        the adjacent shorelines including waters therein and 
        thereunder). The term includes transitional and 
        intertidal areas, bays, lagoons, salt marshes, 
        estuaries, and beaches; the fish, wildfish and other 
        living resources thereof; and the recreational and 
        scenic values of such lands, waters and resources;
          (6) \5\ ``coastal State'' means any State of the 
        United States in or bordering on the Atlantic, Pacific, 
        or Arctic Oceans, or the Gulf of Mexico;
          (7) \5\ ``construction'' means the supervising, 
        inspection, actual building, and all other activities 
        incidental to the building, repairing, or expanding of 
        a deepwater port or any of its components, including, 
        but not limited to, pile driving and bulkheading, and 
        alterations, modifications, or additions to the 
        deepwater port;
          (8) \5\ ``control'' means the power, directly or 
        indirectly, to determine the policy, business 
        practices, or decisionmaking process of another person, 
        whether by stock or other ownership interest, by 
        representation on a board of directors or similar body, 
        by contract or other agreement with stockholders or 
        others, or otherwise;
          (9) \5\, \6\ ``deepwater port''--
---------------------------------------------------------------------------
    \6\ Sec. 106(b) of Public Law 107-295 (116 Stat. 2086) amended and 
restated para. (9); redesignated paras. (13) through (18) as paras. 
(14) through (19); and added a new para. (13).
    Previously, sec. 503(b) of the Deepwater Port Modernization Act 
(title V of Public Law 104-324; 110 Stat. 3926) amended para. (9).
---------------------------------------------------------------------------
                  (A) means any fixed or floating manmade 
                structure other than a vessel, or any group of 
                such structures, that are located beyond State 
                seaward boundaries and that are used or 
                intended for use as a port or terminal for the 
                transportation, storage, or further handling of 
                oil or natural gas for transportation to any 
                State, except as otherwise provided in section 
                23, and for other uses not inconsistent with 
                the purposes of this Act, including 
                transportation of oil or natural gas from the 
                United States outer continental shelf;
                  (B) includes all components and equipment, 
                including pipelines, pumping stations, service 
                platforms, buoys, mooring lines, and similar 
                facilities to the extent they are located 
                seaward of the high water mark;
                  (C) in the case of a structure used or 
                intended for such use with respect to natural 
                gas, includes all components and equipment, 
                including pipelines, pumping or compressor 
                stations, service platforms, buoys, mooring 
                lines, and similar facilities that are proposed 
                or approved for construction and operation as 
                part of a deepwater port, to the extent that 
                they are located seaward of the high water mark 
                and do not include interconnecting facilities; 
                and
                  (D) shall be considered a `new source' for 
                purposes of the Clean Air Act (42 U.S.C. 7401 
                et seq.), and the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.);
          (10) \5\ ``Governor'' means the Governor of a State 
        or the person designated by State law to exercise the 
        powers granted to the Governor pursuant to this Act;
          (11) \5\ ``licensee'' means a citizen of the United 
        States holding a valid license for the ownership, 
        construction, and operation of a deepwater port that 
        was issued, transferred, or renewed pursuant to this 
        Act;
          (12) \5\ ``marine environment'' includes the coastal 
        environment, waters of the contiguous zone, and waters 
        of the high seas; the fish, wildlife, and other living 
        resources of such waters; and the recreational and 
        scenic values of such waters and resources;
          (13) \6\ ``natural gas'' means either natural gas 
        unmixed, or any mixture of natural or artificial gas, 
        including compressed or liquefied natural gas, natural 
        gas liquids, liquified petroleum gas and condensate 
        recovered from natural gas; \7\
---------------------------------------------------------------------------
    \7\ Sec. 321(b) of Public Law 109-58 (119 Stat. 694) inserted ``, 
natural gas liquids, liquified petroleum gas and condensate recovered 
from natural gas''.
---------------------------------------------------------------------------
          (14) \5\, \6\ ``oil'' means petroleum, 
        crude oil, and any substance refined from petroleum or 
        crude oil;
          (15) \5\, \6\ ``person'' includes an 
        individual, a public or private corporation, a 
        partnership or other association, or a government 
        entity;
          (16) \5\, \6\ ``safety zone'' means the 
        safety zone established around a deepwater port as 
        determined by the Secretary in accordance with section 
        10(d) of this Act;
          (17) \5\, \6\ ``Secretary'' means the 
        Secretary of Transportation;
          (18) \5\, \6\ ``State'' includes each of 
        the States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, and the 
        Territories and possessions of the United States; and
          (19) \5\, \6\ ``vessel'' means every 
        description of watercraft or other artificial 
        contrivance used as a means of transportation on or 
        through the water.
          * * * * * * *

        marine environmental protection and navigational safety

    Sec. 10.\8\ (a) Subject to recognized principles of 
international law and the provision of adequate opportunities 
for public involvement,\9\ the Secretary shall prescribe and 
enforce procedures, either by regulation (for basic standards 
and conditions) or by the licensee's operations manual, with 
respect to \10\ rules governing vessel movement, loading and 
unloading procedures, designation and marking of anchorage 
areas, maintenance, law enforcement, and the equipment, 
training, and maintenance required (A) to prevent pollution of 
the marine environment, (B) to clean up any pollutants which 
may be discharged, and (C) to otherwise prevent or minimize any 
adverse impact from the construction and operation of such 
deepwater port.
---------------------------------------------------------------------------
    \8\ 33 U.S.C. 1509.
    \9\ Sec. 508(1) of the Deepwater Port Modernization Act (title V of 
Public Law 104-324; 110 Stat. 3927) inserted ``and the provision of 
adequate opportunities for public involvement''.
    \10\ Sec. 508(2) of the Deepwater Port Modernization Act (title V 
of Public Law 104-324; 110 Stat. 3927) struck out ``shall prescribe by 
regulation and enforce procedures with respect to any deepwater port, 
including, but not limited to,'' and inserted in lieu thereof ``shall 
prescribe and enforce procedures, either by regulation (for basic 
standards and conditions) or by the licensee's operations manual, with 
respect to''.
---------------------------------------------------------------------------
    (b) The Secretary shall issue and enforce regulations with 
respect to lights and other warning devices, safety equipment, 
and other matters relating to the promotion of safety of life 
and property in any deepwater port and the waters adjacent 
thereto.
    (c) The Secretary shall mark, for the protection of 
navigation, any component of a deepwater port whenever the 
licensee fails to mark such component in accordance with the 
applicable regulations. The licensee shall pay the cost of such 
marking.
    (d)(1) Subject to recognized principles of international 
law and after consultation with the Secretary of the Interior, 
the Secretary of Commerce, the Secretary of State, and the 
Secretary of Defense, the Secretary shall designate a zone of 
appropriate size around and including any deepwater port for 
the purpose of navigational safety. In such zone, no 
installations, structures, or uses will be permitted that are 
incompatible with the operation of the deepwater port. The 
Secretary shall by regulation define permitted activities 
within such zone. The Secretary shall, not later than 30 days 
after publication of notice pursuant to section 5(c) of this 
Act, designate such safety zone with respect to any proposed 
deepwater port.
    (2) In addition to any other regulations, the Secretary is 
authorized, in accordance with this subsection, to establish a 
safety zone to be effective during the period of construction 
of a deepwater port and to issue rules and regulations relating 
thereto.

                        international agreements

    Sec. 11.\11\ The Secretary of State, in consultation with 
the Secretary, shall seek effective international action and 
cooperation in support of the policy and purposes of this Act 
and may formulate, present, or support specific proposals in 
the United Nations and other competent international 
organizations for the development of appropriate international 
rules and regulations relative to the construction, ownership, 
and operation of deepwater ports, with particular regard for 
measures that assure protection of such facilities as well as 
the promotion of navigational safety in the vicinity thereof.
---------------------------------------------------------------------------
    \11\ 33 U.S.C. 1510.
---------------------------------------------------------------------------
          * * * * * * *

                       relationship to other laws

    Sec. 19.\12\ (a)(1) The Constitution, laws, and treaties of 
the United States shall apply to a deepwater port licensed 
under this Act and to activities connected, associated, or 
potentially interfering with the use or operation of any such 
port, in the same manner as if such port were an area of 
exclusive Federal jurisdiction located within a State. Nothing 
in this Act shall be construed to relieve, exempt, or immunize 
any person from any other requirement imposed by Federal law, 
regulation, or treaty. Deepwater ports licensed under this Act 
do not possess the status of islands and have no territorial 
seas of their own.
---------------------------------------------------------------------------
    \12\ 33 U.S.C. 1518.
---------------------------------------------------------------------------
    (2) Except as otherwise provided by this Act, nothing in 
this Act shall in any way alter the responsibilities and 
authorities of a State or the United States within the 
territorial seas of the United States.
    (3) \13\ The Secretary of State shall notify the government 
of each foreign state having vessels registered under its 
authority or flying its flag which may call at or otherwise 
utilize a deepwater port but which do not currently have an 
agreement in effect as provided in subsection (c)(2)(A)(i) of 
this section that the United States intends to exercise 
jurisdiction over vessels calling at or otherwise utilizing a 
deepwater port and the persons on board such vessels. The 
Secretary of State shall notify the government of each such 
state that, absent its objection, its vessels will be subject 
to the jurisdiction of the United States whenever they--
---------------------------------------------------------------------------
    \13\ Sec. 5(a) of Public Law 98-419 (98 Stat. 1609) added para. 
(3), and sec. 5(c) of that Act provided, in part, that ``[T]he 
Secretary of State shall make the first series of notification referred 
to in section 19(a)(3) of the Deepwater Port Act of 1974, as added by 
subsection (a) of this section, prior to the thirtieth day following 
the date of enactment of this Act'' [enacted September 25, 1984].
---------------------------------------------------------------------------
          (A) are calling at or otherwise utilizing a deepwater 
        port; and
          (B) are within the safety zone of such a deepwater 
        port and are engaged in activities connected, 
        associated, or potentially interfering with the use and 
        operation of the deepwater port.
The Secretary of State shall promptly inform licensees of 
deepwater ports of all objections received from government of 
foreign states in response to notifications made under this 
paragraph.
    (b) The law of the nearest adjacent coastal State, now in 
effect or hereafter adopted, amended, or repealed, is declared 
to be the law of the United States, and shall apply to any 
deepwater port licensed pursuant to this Act, to the extent 
applicable and not inconsistent with any provision or 
regulation under this Act or other Federal laws and regulations 
now in effect or hereafter adopted, amended, or repealed. All 
such applicable laws shall be administered and enforced by the 
appropriate officers and courts of the United States. For 
purposes of this subsection, the nearest adjacent coastal State 
shall be that State whose seaward boundaries, if extended 
beyond 3 miles, would encompass the site of the deepwater port.
    (c) \14\ (1) The jurisdiction of the United States shall 
apply to vessels of the United States and persons on board such 
vessels. The jurisdiction of the United States shall also apply 
to vessels, and person on board such vessels, registered in or 
flying the flags of foreign states, whenever such vessels are--
---------------------------------------------------------------------------
    \14\ Sec. 5(b) of Public Law 98-419 (98 Stat. 1609) amended and 
restated subsec. (c), effective ninety days after the enactment of that 
Act (enacted September 25, 1984). Subsec. (c) formerly read as follows:
    ``(c) Except in a situation involving force majeure, a license of a 
deepwater port shall not permit a vessel, registered in or flying the 
flag of a foreign state, to call at, or otherwise utilize a deepwater 
port licensed under this Act unless (1) the foreign state involved, by 
specific agreement with the United States, has agreed to recognize the 
jurisdiction of the United States over the vessel and its personnel, in 
accordance with the provisions of this Act, while the vessel is located 
within the safety zone, and (2) the vessel owner or operator has 
designated an agent in the United States for receipt of service of 
process in the event of any claim or legal proceeding resulting from 
activities of the vessel or its personnel while located within such a 
safety zone.''.
---------------------------------------------------------------------------
          (A) calling at or otherwise utilizing a deepwater 
        port; and
          (B) are within the safety zone of such a deepwater 
        port, and are engaged in activities connected, 
        associated, or potentially interfering with the use and 
        operations of the deepwater port.
The jurisdiction of the United States under this paragraph 
shall not, however, apply to vessels registered in or flying 
the flag of any foreign state that has objected to the 
application of such jurisdiction.
    (2) Except in a situation involving force majeure, a 
licensee shall not permit a vessel registered in or flying the 
flag of a foreign state to call at or otherwise utilize a 
deepwater port licensed under this Act unless--
          (A)(i) the foreign state involved, by specific 
        agreement with the United States, has agreed to 
        recognize the jurisdiction of the United States over 
        the vessels registered in or flying the flag of that 
        state and persons on board such vessels in accordance 
        with the provisions of paragraph (1) of this 
        subsection, while the vessel is located within the 
        safety zone, or
          (ii) the foreign states has not objected to the 
        application of the jurisdiction of the United States to 
        any vessel, or persons on board such vessel, while the 
        vessel is located within the safety zone; and
          (B) the vessel owner or operator has designated an 
        agent in the United States for receipt of service of 
        process in the event of any claim or legal proceeding 
        resulting from activities of the vessel or its 
        personnel while located within such a safety zone.
    (3) For purposes of paragraph (2)(A)(ii) of this 
subsection, a licensee shall not be obliged to prohibit a call 
at or use of a deepwater port by a vessel registered in or 
flying the flag of an objecting state unless the licensee has 
been informed by the Secretary of State as required by 
subsection (a)(3) of this section.
    (d) The customs laws administered by the Secretary of the 
Treasury shall not apply to any deepwater port licensed under 
this Act, but all foreign articles to be used in the 
construction of any such deepwater port, including any 
component thereof, shall first be made subject to all 
applicable duties and taxes which would be imposed upon or by 
reason of their importation if they were imported for 
consumption in the United States. Duties and taxes shall be 
paid thereon in accordance this laws applicable to merchandise 
imported into the customs territory of the United States.
    (e) The United States district courts shall have original 
jurisdiction of cases and controversies arising out of or in 
connection with the construction and operation of deepwater 
ports, and proceedings with respect to any such case or 
controversy may be instituted in the judicial district in which 
any defendant resides or may be found, or in the judicial 
district of the adjacent coastal State nearest the place where 
the cause of action arose.
    (f) Section 4(a)(2) of the Act of August 7, 1953 (67 Stat. 
462) is amended by deleting the words ``as of the effective 
date of this Act'' in the first sentence thereof and inserting 
in lieu thereof the words ``, now in effect or hereafter 
adopted, amended, or repealed''.
    Sec. 20.\15\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \15\ Formerly at 33 U.S.C. 1519. Sec. 1121(a) of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 
Stat. 707) repealed sec. 20, which had required that the Secretary of 
Commerce report to Congress annually on the administration of various 
deepwater port activities.
---------------------------------------------------------------------------
          * * * * * * *

                  negotiations with canada and mexico

    Sec. 22.\16\ The President of the United States is 
authorized and requested to enter into negotiations with the 
Governments of Canada and Mexico to determine:
---------------------------------------------------------------------------
    \16\ 33 U.S.C. 1521.
---------------------------------------------------------------------------
          (1) the need for intergovernmental understandings, 
        agreements, or treaties to protect the interests of the 
        people of Canada, Mexico, and the United States and of 
        any party or parties involved with the construction or 
        operation of deepwater ports; and
          (2) the desirability of undertaking joint studies and 
        investigations designed to insure protection of the 
        environment and to eliminate any legal and regulatory 
        uncertainty, to assure that the interests of the people 
        of Canada, Mexico, and the United States are adequately 
        met.
The President shall report to the Congress the actions taken, 
the progress achieved, the areas of disagreements, and the 
matters about which more information is needed, together with 
his recommendations for further action.
          * * * * * * *
                  d. Intervention on the High Seas Act

Public Law 93-248 [S. 1070], 88 Stat. 8, approved February 5, 1974; as 
amended by Public Law 95-302 [S. 2380], 92 Stat. 344, approved June 26, 
 1978; Public Law 97-164 [Federal Courts Improvement Act of 1982; H.R. 
 4482], 96 Stat. 25 at 49, approved April 2, 1982; Public Law 101-380 
[Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, approved August 
18, 1990; and Public Law 102-572 [Court of Federal Claims Technical and 
Procedural Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved 
                            October 29, 1992

     AN ACT To implement the International Convention Relating to 
  Intervention on the High Seas in Cases of Oil Pollution Casualties, 
                                1969.\1\

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Intervention on the High Seas Act''.
---------------------------------------------------------------------------
    \1\ See boxnote, page 2.
---------------------------------------------------------------------------
    Sec. 2.\2\ As used in this Act--
---------------------------------------------------------------------------
    \2\ 33 U.S.C. 1471. Sec. 1(1) of Public Law 95-302 (92 Stat. 344) 
amended and restated sec. 2. As provided in sec. 2 of Public Law 95-
302, this amendment did not become effective until March 30, 1983, when 
the Protocol referred to in para. (6) became effective for the United 
States.
---------------------------------------------------------------------------
          (1) ``a substance other than convention oil'' means 
        those oils, noxious substances, liquefied gases, and 
        radioactive substances--
                  (A) enumerated in the protocol, or
                  (B) otherwise determined to be hazardous 
                under section 4(a);
          (2) ``convention'' means the International Convention 
        Relating to Intervention on the High Seas in Cases of 
        Oil Pollution Casualties, 1969, including annexes 
        thereto;
          (3) ``convention oil'' means crude oil, fuel oil, 
        diesel oil, and lubricating oil;
          (4) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (5) ``ship'' means--
                  (A) a seagoing vessel of any type whatsoever, 
                and
                  (B) any floating craft, except an 
                installation or device engaged in the 
                exploration and exploitation of the resources 
                of the seabed and the ocean floor and the 
                subsoil thereof;
          (6) ``protocol'' means the Protocol Relating to 
        Intervention on the High Seas in Cases of Marine 
        Pollution by Substances Other Than Oil, 1973, including 
        annexes thereto; and
          (7) ``United States'' means the States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Canal 
        Zone, Guam, American Samoa, the United States Virgin 
        Islands, the Trust Territory of the Pacific Islands, 
        the Commonwealth of the Northern Marianas, and any 
        other commonwealth, territory, or possession of the 
        United States.
    Sec. 3.\3\ Whenever a ship collision, standing, or other 
incident of navigation or other occurrence on board a ship or 
external to it resulting in material damage or imminent threat 
of material damage to the ship or her cargo creates, as 
determined by the Secretary, a grave and imminent danger to the 
coastline or related interests of the United States from 
pollution or threat of pollution of the sea by convention oil 
or of the sea or atmosphere by a substance other than 
convention oil \4\ which may reasonably be expected to result 
in major harmful consequences, the Secretary may, except as 
provided for in section 10, without liability for any damage to 
the owners or operators of the ship, to her cargo or crew, or 
to underwriters or other parties interested therein, take 
measures on the high seas, in accordance with the provisions of 
the convention, the protocol \5\ and this Act, to prevent, 
mitigate, or eliminate the danger.
---------------------------------------------------------------------------
    \3\ 33 U.S.C. 1472.
    \4\ Sec. 1(2)(A) of Public Law 95-302 (92 Stat. 344) struck out 
``oil'' and inserted in lieu thereof ``convention oil or of the sea or 
atmosphere by a substance other than convention oil''. As provided in 
sec. 2 of Public Law 95-302, this amendment did not become effective 
until March 30, 1983, when the Protocol referred to in sec. 2(6) of 
this Act became effective for the United States.
    \5\ Sec. 1(2)(B) of Public Law 95-302 (92 Stat. 344) struck out 
``Convention'' and inserted in lieu thereof ``convention, the 
protocol''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the Protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
---------------------------------------------------------------------------
    Sec. 4.\6\ (a) \7\ The Secretary, after consultation with 
the Administrator of the Environmental Protection Agency and 
the Secretary of Commerce, shall determine when a substance 
other than those enumerated in the protocol is liable to create 
a hazard to human health, to harm living resources, to damage 
amenities, or to interfere with other legitimate uses of the 
sea.
---------------------------------------------------------------------------
    \6\ 33 U.S.C. 1473.
    \7\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) designated the 
existing text of sec. 4 as subsec. (b) and added a new subsec. (a). As 
provided in sec. 2 of Public Law 95-302, this amendment did not become 
effective until March 30, 1983, when the Protocol referred to in sec. 
2(6) of this Act became effective for the United States.
---------------------------------------------------------------------------
    (b) \7\ In determining whether there is grave and imminent 
danger or major harmful consequences to the coastline or 
related interests of the United States, the Secretary shall 
consider the interests of the United States, directly 
threatened or affected including but not limited to, human 
health,\8\ fish, shellfish, and other living marine resources, 
wildlife, coastal zone, and estuarine activities, and public 
and private shorelines and beaches.
---------------------------------------------------------------------------
    \8\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) inserted ``human 
health,''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the Protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
---------------------------------------------------------------------------
    Sec. 5.\9\ Upon a determination under section 3 of this Act 
of a grave and imminent danger to the coastline or related 
interests of the United States, the Secretary may--
---------------------------------------------------------------------------
    \9\ 33 U.S.C. 1474.
---------------------------------------------------------------------------
          (1) coordinate and direct all public and private 
        efforts directed at the removal or elimination of the 
        threatened pollution damage;
          (2) directly or indirectly undertake the whole or any 
        part of any salvage or other action he could require or 
        direct under subsection (1) of this section; and
          (3) remove, and, if necessary, destroy the ship and 
        cargo which is the source of the danger.
    Sec. 6.\10\ Before taking any measure under section 5 of 
this Act, the Secretary shall--
---------------------------------------------------------------------------
    \10\ 33 U.S.C. 1475.
---------------------------------------------------------------------------
          (1) consult, through the Secretary of State, with 
        other countries affected by the marine casualty, and 
        particularly with the flag countries of any ship 
        involved;
          (2) notify without delay the Administrator of the 
        Environmental Protection Agency and any other persons, 
        known to the Secretary, or of whom he later becomes 
        aware, who have interests which can reasonably be 
        expected to be affected by any proposed measures; and
          (3) consider any views submitted in response to the 
        consultation or notification required by subsections 
        (1) and (2) of this section.
    Sec. 7.\11\ In cases of extreme urgency requiring measures 
to be taken immediately, the Secretary may take those measures 
rendered necessary by the urgency of the situation without the 
prior consultation or notification as required by section 6 of 
this Act or without the continuation of consultations already 
begun.
---------------------------------------------------------------------------
    \11\ 33 U.S.C. 1476.
---------------------------------------------------------------------------
    Sec. 8.\12\ (a) Measures directed or conducted under this 
Act shall be proportionate to the damage, actual or threatened, 
to the coastline or related interests of the United States and 
may not go beyond what is reasonably necessary to prevent, 
mitigate, or eliminate that damage.
---------------------------------------------------------------------------
    \12\ 33 U.S.C. 1477.
---------------------------------------------------------------------------
    (b) In considering whether measures are proportionate to 
the damage the Secretary shall, among other things consider--
          (1) the extent and probability of imminent damage if 
        those measures are not taken;
          (2) the likelihood of effectiveness of those 
        measures; and
          (3) the extent of the damage which may be caused by 
        those measures.
    Sec. 9.\13\ In the direction and conduct of measures under 
this Act the Secretary shall use his best endeavors to--
---------------------------------------------------------------------------
    \13\ 33 U.S.C. 1478.
---------------------------------------------------------------------------
          (1) assure the avoidance of risk to human life;
          (2) render all possible aid to distressed persons, 
        including facilitating repatriation of ships' crews; 
        and
          (3) not unnecessarily interfere with rights and 
        interests of others, including the flag state of any 
        ship involved, other foreign states threatened by 
        damage, and persons otherwise concerned.
    Sec. 10.\14\ (a) The United States shall be obliged to pay 
compensation to the extent of the damage caused by measures 
which exceed those reasonably necessary to achieve the end 
mentioned in section 3.
---------------------------------------------------------------------------
    \14\ 33 U.S.C. 1479.
---------------------------------------------------------------------------
    (b) Actions against the United States seeking compensation 
for any excessive measures may be brought in the United States 
Court of Federal Claims,\15\ in any district court of the 
United States, and in those courts enumerated in section 460 of 
title 28, United States Code. For purposes of this Act, 
American Samoa shall be included within the judicial district 
of the District Court of the United States for the District of 
Hawaii, and the Trust Territory of the Pacific Islands shall be 
included within the judicial districts of both the District 
Court of the United States for the District of Hawaii and the 
District Court of Guam.
---------------------------------------------------------------------------
    \15\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided 
that any reference in any Federal law or any document to the ``United 
States Claims Court'' shall be deemed to refer to the ``United States 
Court of Federal Claims''. Previously, sec. 161(6) of the Federal 
Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out 
``United States Court of Claims'' and inserted in lieu thereof ``United 
States Claims Court''.
---------------------------------------------------------------------------
    (c) \16\ With respect to intervention for a substance 
identified pursuant to section 4(a), the United States has the 
burden of establishing that, under the circumstances present at 
the time of the intervention, the substance could reasonably 
pose a grave and imminent danger analogous to that posed by a 
substance enumerated in the protocol.
---------------------------------------------------------------------------
    \16\ Sec. 1(4) of Public Law 95-302 (92 Stat. 345) added subsec. 
(c). As provided in sec. 2 of Public Law 95-302, this amendment did not 
become effective until March 30, 1983, when the protocol referred to in 
sec. 2(6) of this Act became effective for the United States.
---------------------------------------------------------------------------
    Sec. 11.\17\ The Secretary of State shall notify without 
delay foreign states concerned, the Secretary-General of the 
Inter-Governmental Maritime Consultative organization, and 
persons affected by measures taken under this Act.
---------------------------------------------------------------------------
    \17\ 33 U.S.C. 1480.
---------------------------------------------------------------------------
    Sec. 12.\18\ (a) A person commits a class A misdemeanor if 
that person--\19\
---------------------------------------------------------------------------
    \18\ 33 U.S.C. 1481.
    \19\ Sec. 4302(l)(1) of the Oil Pollution Act of 1990 (Public Law 
101-380; 104 Stat. 539) struck out ``Any person who'' and inserted in 
lieu thereof ``A person commits a class A misdemeanor if that person''.
---------------------------------------------------------------------------
          (1) willfully violates a provision of this Act or a 
        regulation issued thereunder; or
          (2) willfully refuses or fails to comply with any 
        lawful order or direction given pursuant to this Act; 
        or
          (3) willfully obstructs any person who is acting in 
        compliance with an order or direction under this 
        Act.\20\
---------------------------------------------------------------------------
    \20\ Sec. 4302(l)(2) of the Oil Pollution Act of 1990 (Public Law 
101-380; 104 Stat. 539) struck out ``, shall be fined not more than 
$10,000 or imprisoned not more than one year, or both'' in para. (3).
---------------------------------------------------------------------------
    (b) In a criminal proceeding for an offense under paragraph 
(1) or (2) of subsection (a) of this section it shall be a 
defense for the accused to prove that he used all due diligence 
to comply with any order or direction or that he had reasonable 
cause to believe that compliance would have resulted in serious 
risk to human life.
    Sec. 13.\21\ (a) The Secretary, in consultation with the 
Secretary of State and the Administrator of the Environmental 
Protection Agency, may nominate individuals to the list of 
experts provided for in article III of the Convention and 
article II of the protocol and may propose amendments to the 
list of substances other than convention oil in accordance with 
article III of the protocol.\22\
---------------------------------------------------------------------------
    \21\ 33 U.S.C. 1482.
    \22\ Sec. 1(5)(A) of Public Law 95-302 (92 Stat. 345) added the 
words to this point beginning with ``and article II of the protocol * * 
* ''. As provided in sec. 2 of Public Law 95-302, this amendment did 
not become effective until March 30, 1983, when the protocol referred 
to in sec. 2(6) of this Act became effective for the United States.
---------------------------------------------------------------------------
    (b) The Secretary of State, in consultation with the 
Secretary, shall designate or nominate, as appropriate and 
necessary, the negotiators, conciliators, or arbitrators 
provided for by the convention and the protocol.\23\
---------------------------------------------------------------------------
    \23\ Sec. 1(5) of Public Law 95-302 (92 Stat. 345) struck out 
``annexes thereto'' and inserted in lieu thereof ``protocol'' in 
subsec. (b) and added a new subsec. (c). As provided in sec. 2 of 
Public Law 95-302, this amendment did not become effective until March 
30, 1983, when the protocol referred to in sec. 2(6) of this Act became 
effective for the United States.
---------------------------------------------------------------------------
    (c) \23\ The President may accept amendments to the list of 
substances other than convention oil in accordance with article 
III of the protocol.
    Sec. 14.\24\ No measures may be taken under authority of 
this Act against any warship or other ship owned or operated by 
a country and used, for the time being, only on Government 
noncommercial service.
---------------------------------------------------------------------------
    \24\ 33 U.S.C. 1483.
---------------------------------------------------------------------------
    Sec. 15.\25\ This Act shall be interpreted and administered 
in a manner consistent with the convention, the protocol,\26\ 
and other international law. Except as specifically provided, 
nothing in this Act may be interpreted to prejudice any 
otherwise applicable right, duty, privilege, or immunity or 
deprive any country or person of any remedy otherwise 
applicable.
---------------------------------------------------------------------------
    \25\ 33 U.S.C. 1484.
    \26\ Sec. 2(6) of Public Law 95-302 (92 Stat. 345) inserted ``, the 
protocol,''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
---------------------------------------------------------------------------
    Sec. 16.\27\ The Secretary may issue reasonable rules and 
regulations which he considers appropriate and necessary for 
the effective implementation of this Act.
---------------------------------------------------------------------------
    \27\ 33 U.S.C. 1485.
---------------------------------------------------------------------------
    Sec. 17.\28\ The Oil Spill Liability Trust Fund shall be 
available to the Secretary for actions taken under sections 5 
and 7 of this Act.
---------------------------------------------------------------------------
    \28\ 33 U.S.C. 1486. Sec. 2001 of the Oil Pollution Act of 1990 
(Public Law 101-380; 104 Stat. 506) amended and restated sec. 17. It 
formerly read as follows:
    ``The revolving fund established under section 311(k) of the 
Federal Water Pollution Control Act shall be available to the Secretary 
for Federal actions and activities under section 5 of this Act.''.
---------------------------------------------------------------------------
    Sec. 18.\29\ This Act shall be effective upon the date of 
enactment, or upon the date the convention becomes effective as 
to the United States, whichever is later.
---------------------------------------------------------------------------
    \29\ 33 U.S.C. 1487.
                        e. Coral Reef Protection

  Executive Order 13089, June 11, 1998, 63 F.R. 32701, 16 U.S.C. 6401 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America and 
in furtherance of the purposes of the Clean Water Act of 1977, 
as amended (33 U.S.C. 1251, et seq.), Coastal Zone Management 
Act (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801, et seq.), 
National Environmental Policy Act of 1969, as amended (42 
U.S.C. 4321, et seq.), National Marine Sanctuaries Act, (16 
U.S.C. 1431, et seq.), National Park Service Organic Act (16 
U.S.C. 1, et seq.), National Wildlife Refuge System 
Administration Act (16 U.S.C. 668dd-ee), and other pertinent 
statutes, to preserve and protect the biodiversity, health, 
heritage, and social and economic value of U.S. coral reef 
ecosystems and the marine environment, it is hereby ordered as 
follows:
    Section 1. Definitions. (a) ``U.S. coral reef ecosystems'' 
means those species, habitats, and other natural resources 
associated with coral reefs in all maritime areas and zones 
subject to the jurisdiction or control of the United States 
(e.g., Federal, State, territorial, or commonwealth waters), 
including reef systems in the south Atlantic, Caribbean, Gulf 
of Mexico, and Pacific Ocean.
    (b) ``U.S. Coral Reef Initiative'' is an existing 
partnership between Federal agencies and State, territorial, 
commonwealth, and local governments, nongovernmental 
organizations, and commercial interests to design and implement 
additional management, education, monitoring, research, and 
restoration efforts to conserve coral reef ecosystems for the 
use and enjoyment of future generations. The existing U.S. 
Islands Coral Reef Initiative strategy covers approximately 95 
percent of U.S. coral reef ecosystems and is a key element of 
the overall U.S. Coral Reef Initiative.
    (c) ``International Coral Reef Initiative'' is an existing 
partnership, founded by the United States in 1994, of 
governments, intergovernmental organizations, multilateral 
development banks, nongovernmental organizations, scientists, 
and the private sector whose purpose is to mobilize governments 
and other interested parties whose coordinated, vigorous, and 
effective actions are required to address the threats to the 
world's coral reefs.
    Sec. 2. Policy. (a) All Federal agencies whose actions may 
affect U.S. coral reef ecosystems shall: (a) identify their 
actions that may affect U.S. coral reef ecosystems; (b) utilize 
their programs and authorities to protect and enhance the 
conditions of such ecosystems; and (c) to the extent permitted 
by law, ensure that any actions they authorize, fund, or carry 
out will not degrade the conditions of such ecosystems.
    (b) Exceptions to this section may be allowed under terms 
prescribed by the heads of Federal agencies:
          (1) during time of war or national emergency;
          (2) when necessary for reasons of national security, 
        as determined by the President;
          (3) during emergencies posing an unacceptable threat 
        to human health or safety or to the marine environment 
        and admitting of no other feasible solution; or
          (4) in any case that constitutes a danger to human 
        life or a real threat to vessels, aircraft, platforms, 
        or other man-made structures at sea, such as cases of 
        force majeure caused by stress of weather or other act 
        of God.
    Sec. 3. Federal Agency Responsibilities. In furtherance of 
section 2 of this order, Federal agencies whose actions affect 
U.S. coral reef ecosystems, shall, subject to the availability 
of appropriations, provide for implementation of measures 
needed to research, monitor, manage, and restore affected 
ecosystems, including, but not limited to, measures reducing 
impacts from pollution, sedimentation, and fishing. To the 
extent not inconsistent with statutory responsibilities and 
procedures, these measures shall be developed in cooperation 
with the U.S. Coral Reef Task Force and fishery management 
councils and in consultation with affected States, territorial, 
commonwealth, tribal, and local government agencies, 
nongovernmental organizations, the scientific community, and 
commercial interests.
    Sec. 4. U.S. Coral Reef Task Force. The Secretary of the 
Interior and the Secretary of Commerce, through the 
Administrator of the National Oceanic and Atmospheric 
Administration, shall co-chair a U.S. Coral Reef Task Force 
(``Task Force''), whose members shall include, but not be 
limited to, the Administrator of the Environmental Protection 
Agency, the Attorney General, the Secretary of the Interior, 
the Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Defense, the Secretary of State, the Secretary of 
Transportation, the Director of the National Science 
Foundation, the Administrator of the Agency for International 
Development, and the Administrator of the National Aeronautics 
and Space Administration. The Task Force shall oversee 
implementation of the policy and Federal agency 
responsibilities set forth in this order, and shall guide and 
support activities under the U.S. Coral Reef Initiative 
(``CRI''). All Federal agencies whose actions may affect U.S. 
coral reef ecosystems shall review their participation in the 
CRI and the strategies developed under it, including strategies 
and plans of State, territorial, commonwealth, and local 
governments, and, to the extent feasible, shall enhance Federal 
participation and support of such strategies and plans. The 
Task Force shall work in cooperation with State, territorial, 
commonwealth, and local government agencies, nongovernmental 
organizations, the scientific community, and commercial 
interests.
    Sec. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral 
Reef Mapping and Monitoring. The Task Force, in cooperation 
with State, territory, commonwealth, and local government 
partners, shall coordinate a comprehensive program to map and 
monitor U.S. coral reefs. Such programs shall include, but not 
be limited to, territories and commonwealths, special marine 
protected areas such as National Marine Sanctuaries, National 
Estuarine Research Reserves, National Parks, National Wildlife 
Refuges, and other entities having significant coral reef 
resources. To the extent feasible, remote sensing capabilities 
shall be developed and applied to this program and local 
communities should be engaged in the design and conduct of 
programs.
    (b) Research. The Task Force shall develop and implement, 
with the scientific community, research aimed at identifying 
the major causes and consequences of degradation of coral reef 
ecosystems. This research shall include fundamental scientific 
research to provide a sound framework for the restoration and 
conservation of coral reef ecosystems worldwide. To the extent 
feasible, existing and planned environmental monitoring and 
mapping programs should be linked with scientific research 
activities. This Executive order shall not interfere with the 
normal conduct of scientific studies on coral reef ecosystems.
    (c) Conservation, Mitigation, and Restoration. The Task 
Force, in cooperation with State, territorial, commonwealth, 
and local government agencies, nongovernmental organizations, 
the scientific community and commercial interests, shall 
develop, recommend, and seek or secure implementation of 
measures necessary to reduce and mitigate coral reef ecosystem 
degradation and to restore damaged coral reefs. These measures 
shall include solutions to problems such as land-based sources 
of water pollution, sedimentation, detrimental alteration of 
salinity or temperature, over-fishing, over-use, collection of 
coral reef species, and direct destruction caused by activities 
such as recreational and commercial vessel traffic and treasure 
salvage. In developing these measures, the Task Force shall 
review existing legislation to determine whether additional 
legislation is necessary to complement the policy objectives of 
this order and shall recommend such legislation if appropriate. 
The Task Force shall further evaluate existing navigational 
aids, including charts, maps, day markers, and beacons to 
determine if the designation of the location of specific coral 
reefs should be enhanced through the use, revision, or 
improvement of such aids.
    (d) International Cooperation. The Secretary of State and 
the Administrator of the Agency for International Development, 
in cooperation with other members of the Coral Reef Task Force 
and drawing upon their expertise, shall assess the U.S. role in 
international trade and protection of coral reef species and 
implement appropriate strategies and actions to promote 
conservation and sustainable use of coral reef resources 
worldwide. Such actions shall include expanded collaboration 
with other International Coral Reef Initiative (``ICRI'') 
partners, especially governments, to implement the ICRI through 
its Framework for Action and the Global Coral Reef Monitoring 
Network at regional, national, and local levels.
    Sec. 6. This order does not create any right or benefit, 
substantive or procedural, enforceable in law or equity by a 
party against the United States, its agencies, its officers, or 
any person.
                          3. Tuna Conventions

              a. Tuna Conventions Act of 1950, as amended

Public Law 81-764 [S. 2633], 64 Stat. 777, approved September 7, 1950; 
   as amended by Public Law 87-814 [S. 2568], 76 Stat. 923, approved 
October 15, 1962; Public Law 92-471 [H.R. 9501], 86 Stat. 784, approved 
October 9, 1972; Public Law 102-523 [International Dolphin Conservation 
  Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; 
Public Law 105-42 [International Dolphin Conservation Program Act; H.R. 
408], 111 Stat. 1122, approved August 15, 1997; and Public Law 106-562 
        [H.R. 1653], 114 Stat. 2794, approved December 23, 2000

  AN ACT To give effect to the Convention for the Establishment of an 
  International Commission for the Scientific Investigation of Tuna, 
  signed at Mexico City, January 25, 1949,\1\ by the United States of 
   America and the United Mexican States, and the Convention for the 
Establishment of an Inter-American Tropical Tuna Commission, signed at 
 Washington, May 31, 1949,\2\ by the United States of America and the 
            Republic of Costa Rica, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Tuna Conventions Act of 1950''.
---------------------------------------------------------------------------
    \1\ Terminated February 5, 1965.
    \2\ 1 UST 230; TIAS 2040; 80 UNTS 3.
---------------------------------------------------------------------------
    Sec. 2.\3\ As used in this chapter, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 951.
---------------------------------------------------------------------------
          (a) ``convention'' includes (1) the Convention for 
        the Establishment of an International Commission for 
        the Scientific Investigation of Tuna, signed at Mexico 
        City, January 25, 1949, by the United States of America 
        and the United Mexican States, (2) the Convention for 
        the Establishment of an Inter-American Tropical Tuna 
        Commission, signed at Washington, May 31, 1949, by the 
        United States of America and the Republic of Costa 
        Rica, or both such conventions, as the context 
        requires;
          (b) ``commission'' includes (1) the International 
        Commission for the Scientific Investigation of Tuna, 
        (2) the Inter-American Tropical Tuna Commission 
        provided for by the conventions referred to in 
        subsection (a) of this section, or both such 
        commissions, as the context requires;
          (c) ``United States Commissioners'' means the members 
        of the commissions referred to in subsection (b) of 
        this section representing the United States of America 
        and appointed pursuant to the terms of the pertinent 
        convention and section 3 of this Act;
          (d) ``person'' means every individual, partnership, 
        corporation, and association subject to the 
        jurisdiction of the United States and
          (e) \4\ ``United States'' shall include all areas 
        under the sovereignty of the United States, the Trust 
        Territory of the Pacific Islands, and the Canal Zone.
---------------------------------------------------------------------------
    \4\ Public Law 87-814 struck out a definition of ``enforcement 
agency'' and inserted in lieu thereof a definition of ``United 
States''.
---------------------------------------------------------------------------
    Sec. 3.\5\ The United States shall be represented on the 
two commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be Federal 
employees while performing such service, except for purposes of 
injury compensation or tort claims liability as provided in 
chapter 81 of title 5, United States Code, and chapter 171 of 
title 28, United States Code.\6\ Of such Commissioners--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 952.
    \6\ Sec. 302 of Public Law 106-562 (114 Stat. 2806) added this 
sentence.
---------------------------------------------------------------------------
          (a) not more than one shall be a person residing 
        elsewhere than in a State whose vessels maintain a 
        substantial fishery in the areas of the conventions;
          (b) at least one of the Commissioners who are such 
        legal residents shall be a person chosen from the 
        public at large, and who is not a salaried employee of 
        a State or of the Federal Government; \7\
---------------------------------------------------------------------------
    \7\ Sec. 3(a)(1) of the International Dolphin Conservation Act of 
1992 (Public Law 102-523; 106 Stat. 3433), struck out ``and'' at the 
end of subsec. (b); struck out a period at the end of subsec. (c), and 
inserted in lieu thereof ``; and''; and added subsec. (d).
---------------------------------------------------------------------------
          (c) \8\ at least one shall be either the 
        Administrator, or an appropriate officer, of the 
        National Marine Fisheries Service; and \7\
---------------------------------------------------------------------------
    \8\ Sec. 7(a) of Public Law 105-42 (111 Stat. 1137) amended and 
restated subsec. (c). It previously read as follows:
    ``(c) at least one shall be an officer of the United States Fish 
and Wildlife Service; and''.
    In a transfer of functions pursuant to Reorganization Plan No. 4 of 
1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Department of Commerce'' has been substituted in lieu of ``United 
States Fish and Wildlife Service'' in the United States Code.
---------------------------------------------------------------------------
          (d) \7\ at least one shall be chosen from a 
        nongovernmental conservation organization.

SEC. 4.\9\ GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                    SUBCOMMITTEE.

    (a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 953. Sec. 7(b) of Public Law 105-42 (111 Stat. 1137) 
amended and restated sec. 4. It previously read as follows:
    ``Sec. 4. The United States Commissioners shall (a) appoint an 
advisory committee which shall be composed of not less than five nor 
more than fifteen persons who shall be selected from the various groups 
participating in the fisheries included under the conventions, and from 
nongovernmental conservation organizations, and (b) shall fix the terms 
of office of the members of such committee, who shall receive no 
compensation for their services as such members. The advisory committee 
shall be invited to attend all nonexecutive meetings of the United 
States sections and shall be given full opportunity to examine and to 
be heard on all proposed programs of investigation, reports, 
recommendations, and regulations of the commissions. The advisory 
committee may attend all meetings of the international commissions to 
which they are invited by such commissions.''.
    Previously, Sec. 3(a)(2) of the International Dolphin Conservation 
Act of 1992 (Public Law 102-523; 106 Stat. 3433) had amended sec. 4.
---------------------------------------------------------------------------
          (1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          (2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          (3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          (4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.
    (b) Functions.--
          (1) General advisory committee.--The General Advisory 
        Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and shall be given full opportunity to examine 
        and to be heard on all proposed programs of 
        investigations, reports, recommendations, and 
        regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.
          (2) Scientific advisory subcommittee.--
                  (A) Advice.--The Scientific Advisory 
                Subcommittee shall advise the General Advisory 
                Committee and the Commissioners on matters 
                including--
                          (i) the conservation of ecosystems;
                          (ii) the sustainable uses of living 
                        marine resources related to the tuna 
                        fishery in the eastern Pacific Ocean; 
                        and
                          (iii) the long-term conservation and 
                        management of stocks of living marine 
                        resources in the eastern tropical 
                        Pacific Ocean.
                  (B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as 
                requested by the General Advisory Committee, 
                the United States Commissioners, or the 
                Secretary, perform functions and provide 
                assistance required by formal agreements 
                entered into by the United States for this 
                fishery, including the International Dolphin 
                Conservation Program. These functions may 
                include--
                          (i) the review of data from the 
                        Program, including data received from 
                        the Inter-American Tropical Tuna 
                        Commission;
                          (ii) recommendations on research 
                        needs, including ecosystems, fishing 
                        practices, and gear technology 
                        research, including the development and 
                        use of selective, environmentally safe 
                        and cost-effective fishing gear, and on 
                        the coordination and facilitation of 
                        such research;
                          (iii) recommendations concerning 
                        scientific reviews and assessments 
                        required under the Program and 
                        engaging, as appropriate, in such 
                        reviews and assessments;
                          (iv) consulting with other experts as 
                        needed; and
                          (v) recommending measures to assure 
                        the regular and timely full exchange of 
                        data among the parties to the Program 
                        and each nation's National Scientific 
                        Advisory Committee (or its equivalent).
          (3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and the General Advisory Subcommittee and 
        shall be given full opportunity to examine and to be 
        heard on all proposed programs of scientific 
        investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of 
        the Scientific Advisory Subcommittee may attend 
        meetings of the Inter-American Tropical Tuna Commission 
        in accordance with the rules of such Commission.
    Sec. 5.\10\ * * * [Repealed--1972]
---------------------------------------------------------------------------
    \10\ Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86 
Stat. 784).
---------------------------------------------------------------------------
    Sec. 6.\11\ (a) The Secretary of State is authorized to 
approve or disapprove, on behalf of the United States 
Government, bylaws, and rules, or amendments thereof, adopted 
by each commission and submitted for approval of the United 
States Government in accordance with the provisions of the 
conventions, and, with the concurrence of the Secretary of the 
Interior,\12\ to approve or disapprove the general annual 
programs of the commissions. The Secretary of State is further 
authorized to receive, on behalf of the United States 
Government, reports, requests, recommendations, and other 
communications of the commissions, and to take appropriate 
action thereon either directly or by reference to the 
appropriate authority.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 955.
    \12\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the 
Interior'' in the U.S. Code. In this Act, Public Law 87-814 (76 Stat. 
923) struck out ``head of the enforcement agency'' and inserted in lieu 
thereof ``Secretary of the Interior''.
---------------------------------------------------------------------------
    (b) Regulations recommended by each commission pursuant to 
the convention requiring the submission to the commission of 
records of operations by boat captains or other persons who 
participate in the fisheries covered by the convention, upon 
the concurrent approval of the Secretary of State and the 
Secretary of the Interior,\12\ shall be promulgated by the 
latter and upon publication in the Federal Register, shall be 
applicable to all vessels and persons subject to the 
jurisdiction of the United States.
    (c) \13\ Regulations required to carry out recommendations 
of the commission made pursuant to paragraph 5 of article II of 
the Convention for the Establishment of an Inter-American 
Tropical Tuna Commission shall be promulgated as hereinafter 
provided by the Secretary of the Interior \14\ upon approval of 
such recommendations by the Secretary of State and the 
Secretary of the Interior.\14\ The Secretary of the Interior 
\14\ shall cause to be published in the Federal Register a 
general notice of proposed rulemaking and shall afford 
interested persons an opportunity to participate in the 
rulemaking through (1) submission of written data, views, or 
arguments, and (2) oral presentation at a public hearing. Such 
regulations shall be published in the Federal Register and 
shall be accompanied by a statement of the considerations 
involved in the issuance of the regulations. After publication 
in the Federal Register such regulations shall be applicable to 
all vessels and persons subject to the jurisdiction of the 
United States on such date as the Secretary of the Interior 
\14\ shall prescribe, but in no event prior to an agreed date 
for the application by all countries whose vessels engage in 
fishing for species covered by the convention in the regulatory 
area on a meaningful scale, in terms of effect upon the success 
of the conservation program, of effective measures for the 
implementation of the commission's recommendations applicable 
to all vessels and persons subject to their respective 
jurisdictions. The Secretary of the Interior \14\ shall suspend 
at any time the application of any such regulations when, after 
consultation with the Secretary of State and the United States 
Commissioners, he determines that foreign fishing operations in 
the regulatory area are such as to constitute a serious threat 
to the achievement of the objectives of the commission's 
recommendations. The regulations thus promulgated may include 
the selection for regulation of one or more of the species 
covered by the convention; the division of the convention 
waters into areas; the establishment of one or more open or 
closed seasons as to each area; the limitation of the size of 
the fish and quantity of the catch which may be taken from each 
area within any season during which fishing is allowed; the 
limitation or prohibition of the incidental catch of a 
regulated species which may be retained, taken, possessed, or 
landed by vessels or persons fishing for other species of fish; 
the requiring of such clearance certificates for vessels as may 
be necessary to carry out the purposes of the convention and 
this Act; and such other measures incidental thereto as the 
Secretary of the Interior \14\ may deem necessary to implement 
the recommendations of the commission: Provided, That upon the 
promulgation of any such regulations the Secretary of the 
Interior \14\ shall promulgate additional regulations, with the 
concurrence of the Secretary of State, which shall become 
effective simultaneously with the application of the 
regulations hereinbefore referred to (1) to prohibit the entry 
into the United States from any country when the vessels of 
such country are being used in the conduct of fishing 
operations in the regulatory area in such manner or in such 
circumstances as would tend to diminish the effectiveness of 
the conversation recommendations of the commission, of fish in 
any form of those species which are subject to regulation 
pursuant to a recommendation of the commission and which were 
taken from the regulatory area; and (2) to prohibit entry into 
the United States, from any country, of fish in any form of 
those species which are subject to regulation pursuant to a 
recommendation of the commission and which were taken from the 
regulatory area by vessels other than those of such country in 
such manner or in such circumstances as would tend to diminish 
the effectiveness of the conservation recommendations of the 
commission. In the case of repeated and flagrant fishing 
operations in the regulatory area by the vessels of any country 
which seriously threaten the achievement of the objectives of 
the commission's recommendations, the Secretary of the 
Interior,\14\ with the concurrence of the Secretary of State, 
may, in his discretion, also prohibit the entry from such 
country of such other species of tuna, in any form, as may be 
under investigation by the commission and which were taken in 
the regulatory area. The aforesaid prohibitions shall continue 
until the Secretary of the Interior \14\ is satisfied that the 
condition warranting the prohibition no longer exists, except 
that all fish in any form of the species under regulation which 
were previously prohibited from entry shall continue to be 
prohibited from entry.
---------------------------------------------------------------------------
    \13\ Public Law 87-814 (76 Stat. 923) added subsec. (c).
    \14\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the 
Interior'' in the U.S. Code.
---------------------------------------------------------------------------
    Sec. 7.\15\ Any person authorized to carry out enforcement 
activities under this Act and any person authorized by the 
commission shall have power without warrant or other process, 
to inspect, at any reasonable time, catch returns, statistical 
records, or other reports as are required by regulations 
adopted pursuant to this Act to be made, kept, or furnished.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 956. Public Law 87-814 (76 Stat. 923) substituted 
provisions respecting inspection of returns, records, or other reports 
for provisions authorizing a fine not exceeding $1,000 and proceeds for 
injunction against fishing for or possession of the kind of fish 
covered by the convention for failure to make, keep, furnish, or 
refusal to permit inspection of returns, records, or reports or for 
furnishing a false return, record, or report.
---------------------------------------------------------------------------
    Sec. 8.\16\ (a) It shall be unlawful for any master or 
other person in charge of a fishing vessel of the United States 
to engage in fishing in violation of any regulation adopted 
pursuant to section 6 of this Act or for any person knowingly 
to ship, transport, purchase, sell, offer for sale, import, 
export, or have in custody, possession, or control any fish 
taken or retained in violation of such regulations.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 957. Public Law 87-814 (76 Stat. 923) substituted 
provisions respecting violations, fines, and forfeitures and 
applications of related laws for respecting enforcement of the Act.
---------------------------------------------------------------------------
    (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel of the United States or any person 
on board such vessel to fail to make, keep, or furnish any 
catch returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this Act to be 
made, kept, or furnished; or to fail to stop upon being hailed 
by a duly authorized official of the United States; or to 
refuse to permit the duly authorized officials of the United 
States or authorized officials of the commissions to board such 
vessels or inspect its catch, equipment, books, documents, 
records, or other articles or question the persons on board in 
accordance with the provisions of this Act, or the convention, 
as the case may be.
    (c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 4 of 
this Act, from any country, any fish in any form of those 
species subject to regulation pursuant to a recommendation of 
the commission, or any tuna in any form not under regulation 
but under investigation by the commission, during the period 
such fish have been denied entry in accordance with the 
provisions of section 4 of this Act. In the case of any fish as 
described in this subsection offered for entry in the United 
States, the Secretary of the Interior \14\ shall require proof 
satisfactory to him that such fish is not ineligible for such 
entry under the terms of section 6 of this Act.
    (d) Any person violating any provisions of subsection (a) 
of this section shall be fined not more than $25,000, and for a 
subsequent violation of any provisions of said subsection (a) 
shall be fined not more than $50,000.
    (e) Any person violating any provision of subsection (b) of 
this section shall be fined not more than $1,000, and for a 
subsequent violation of any provision of subsection (b) shall 
be fined not more than $5,000.
    (f) Any person violating any provision of subsection (c) of 
this section shall be fined not more than $100,000.
    (g) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.
    (h) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.
    Sec. 9.\17\ (a) In order to provide coordination between 
the general annual programs of the commissions and programs of 
other agencies, relating to the exploration, development, and 
conservation of fishery resources, the Secretary of State may 
recommend to the United States Commissioners that they consider 
the relationship of the commissions' programs to those of such 
agencies and when necessary arrange, with the concurrence of 
such agencies for mutual cooperation between the commissions 
and such agencies for carrying out their respective programs.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 958.
---------------------------------------------------------------------------
    (b) All agencies of the Federal Government are authorized 
on request of the commissions to cooperate in the conduct of 
scientific and other programs, or to furnish facilities and 
personnel for the purpose of assisting the commissions in the 
performance of their duties.
    (c) The commissions are authorized and empowered to supply 
facilities and personnel to existing non-Federal agencies to 
expedite research work which in the judgment of the commissions 
is contributing or will contribute directly to the purposes of 
the conventions.
    Sec. 10.\18\ (a) The judges of the United States district 
courts and United States Commissioners \19\ may, within their 
respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued pursuant thereto.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 959. Sec. 5 of Public Law 87-814 (76 Stat. 925) 
amended and restated sec. 10.
    \19\ Now referred to as ``magistrates'' per the Federal Magistrates 
Act (Public Law 90-578; 82 Stat. 1107).
---------------------------------------------------------------------------
    (b) Enforcement of the provisions of this Act and the 
regulations issued pursuant thereto shall be the joint 
responsibility of the United States Coast Guard, the United 
States Department of the Interior,\20\ and the United States 
Bureau of Customs. In addition, the Secretary of the Interior 
\14\ may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities hereunder. 
When so designated, such officers and employees are authorized 
to function as Federal law enforcement agents for those 
purposes.
---------------------------------------------------------------------------
    \20\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Department of Commerce'' was substituted in lieu of ``Department of 
the Interior'' in the U.S. Code.
---------------------------------------------------------------------------
    (c) Any person authorized to carry out enforcement 
activities hereunder shall have the power to execute any 
warrant or process issued by any officer or court of competent 
jurisdiction for the enforcement of this Act.
    (d) Such person so authorized shall have the power--
          (1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          (2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
    (e) Such person so authorized may seize, whenever and 
wherever lawfully found, all fish taken or retained in 
violation of the provisions of this Act or the regulations 
issued pursuant thereto. Any fish so seized may be disposed of 
pursuant to the order of a court of competent jurisdiction, 
pursuant to the provisions of subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of the Interior.\14\
    (f) Notwithstanding the provisions of section 2464 of title 
28 of the United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value and the proceeds of 
such sale placed in the registry of the court pending judgment 
in the case.
    Sec. 11.\21\ None of the prohibitions contained in this Act 
or in the laws and regulations of the States shall prevent the 
commissions from conducting or authorizing the conduct of 
fishing operations and biological experiments at any time for 
the purpose of scientific investigations as authorized by the 
conventions, or shall prevent the commissions from discharging 
any of its or their functions or duties prescribed by the 
conventions.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 960.
---------------------------------------------------------------------------
    Sec. 12.\22\ There is hereby authorized to be appropriated 
from time to time, out of any moneys in the Treasury not 
otherwise appropriated, such sums as may be necessary to carry 
out the provisions of each convention and of this Act, 
including--
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 961.
---------------------------------------------------------------------------
    (a) contributions to each commission for the United States 
share of any joint expenses of the commission and the expenses 
of the United States Commissioners and their staff, including 
personal services in the District of Columbia and elsewhere;
    (b) travel expenses without regard to the Standardized 
Government Travel Regulations, as amended, the Travel Expense 
Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C., 
title 5, sec. 73b);
    (c) printing and binding without regard to section 11 of 
the Act of March 1, 1919 (U.S.C., title 44, sec. 111), or 
section 3709 of the Revised Statutes (U.S.C., title 41, sec. 
5);
    (d) stenographic and other services by contract, if deemed 
necessary, without regard to section 3709 of the Revised 
Statutes (U.S.C., title 41, sec. 5); and
    (e) purchase, hire, operation, maintenance, and repair of 
aircraft, motor vehicles (including passenger-carrying 
vehicles), boats and research vessels.
    Sec. 13. If any provision of this Act or the application of 
such provision to any circumstances or persons shall be held 
invalid, the validity of the remainder of the Act and the 
applicability of such provision to other circumstances or 
persons shall not be affected thereby.
    Sec. 14. This Act shall take effect with respect to each of 
the conventions upon the entry into force of that convention 
unless such entry into force shall be prior to the date of 
approval of this Act in which case this Act shall take effect 
immediately.

SEC. 15.\23\ REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC 
                    OCEAN.

    The Secretary of State, in consultation with the Secretary 
of Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose vessel fish 
for tuna in the eastern tropical Pacific Ocean, to establish 
standards and measures for a bycatch reduction program for 
vessels fishing for yellowfin tuna in the eastern tropical 
Pacific Ocean. The bycatch reduction program shall include 
measures--
---------------------------------------------------------------------------
    \23\ 16 U.S.C. 962. Sec. 7(c) of Public Law 105-42 (111 Stat. 1138) 
added sec. 15.
---------------------------------------------------------------------------
          (1) to require, to the maximum extent practicable, 
        that sea turtles and other threatened species and 
        endangered species are released alive;
          (2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
          (3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
          (4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.
                    b. Pacific Albacore Tuna Treaty

Partial text of Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved 
                             April 13, 2004

     AN ACT To provide for the conveyance to the Utrok Atoll local 
    government of a decommissioned National Oceanic and Atmospheric 
              Administration ship, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

SEC. 401.\1\ IMPLEMENTATION.

    (a) In General.--Notwithstanding anything to the contrary 
in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1821, 1824, and 
1857(2)), foreign fishing may be conducted pursuant to the 
Treaty between the Government of the United States of America 
and the Government of Canada on Pacific Coast Albacore Tuna 
Vessels and Port Privileges, signed at Washington May 26, 1981, 
including its Annexes and any amendments thereto.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
    (b) Regulations.--The Secretary of Commerce, with the 
concurrence of the Secretary of State, may
          (1) promulgate regulations necessary to discharge the 
        obligations of the United States under the Treaty and 
        itsAnnexes; and
          (2) provide for the application of any such 
        regulation to any person or vessel subject to the 
        jurisdiction of the United States, wherever that person 
        or vessel may be located.
    (c) Enforcement.--
          (1) In general.--The Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) shall be enforced as if subsection (a) were a 
        provision of that Act. Any reference in the Magnuson-
        Stevens Fishery Conservationand Management Act (16 
        U.S.C. 1801 et seq.) to ``this Act'' or to any 
        provision of that Act, shall be considered to be a 
        reference to that Act as it would be in effect if 
        subsection (a) were a provision of that Act.
          (2) Regulations.--The regulations promulgated under 
        subsection (b), shall be enforced as if--
                  (A) subsection (a) were a provision of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.); and
                  (B) the regulations were promulgated under 
                that Act.
          * * * * * * *
                   c. South Pacific Tuna Act of 1988

Public Law 100-330 [S. 1989], 102 Stat. 591, approved June 7, 1988; as 
amended by Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June 
27, 1988; Public Law 102-523 [International Dolphin Conservation Act of 
1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; Public Law 
   104-43 [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved 
   November 3, 1995; Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
 30, 1996; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved 
                             April 13, 2004

AN ACT To implement the Treaty on Fisheries Between the Governments of 
 Certain Pacific Island States and the Government of the United States 
                              of America.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``South Pacific Tuna Act of 1988''.

SEC. 2.\1\ DEFINITIONS.

    As used in this Act--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 973.
---------------------------------------------------------------------------
          (1) The term ``Administrator'' means the individual 
        or organization designated by the Pacific Island 
        Parties to act on their behalf under the Treaty and 
        notified to the United States Government.
          (2) The term ``Authorized Officer'' means any officer 
        who is authorized by the Secretary, or the Secretary of 
        the department in which the Coast Guard is operating, 
        or the head of any Federal or State agency which has 
        entered into an enforcement agreement with the 
        Secretary under section 10(a) of this Act.
          (3) The term ``Authorized Party Officer'' means any 
        officer authorized by a Pacific Island Party to enforce 
        the provisions of the Treaty.
          (4) The term ``applicable national law'' means any 
        provision of law of a Pacific Island Party which is 
        described in paragraph 1(a) of Annex I of the Treaty.
          (5) The term ``Closed Area'' means any of the closed 
        areas identified in Schedule 2 of Annex I of the 
        Treaty.
          (6) The term ``fishing'' means--
                  (A) searching for, catching, taking, or 
                harvesting fish;
                  (B) attempting to search for, catch, take, or 
                harvest fish;
                  (C) engaging in any other activity which can 
                reasonably be expected to result in the 
                locating, catching, taking, or harvesting of 
                fish;
                  (D) placing, searching for, or recovering 
                fish aggregating devices or associated 
                electronic equipment such as radio beacons;
                  (E) any operations at sea directly in support 
                of, or in preparation for, any activity 
                described in this paragraph; or
                  (F) aircraft use, relating to the activities 
                described in this paragraph except for flights 
                in emergencies involving the health or safety 
                of crew members or the safety of a vessel.
          (7) The term ``fishing vessel'' or ``vessel'' means 
        any boat, ship, or other craft which is used for, 
        equipped to be used for, or of a type normally used for 
        commercial fishing, and which is documented under the 
        laws of the United States.
          (8) The term ``Licensing Area'' means all waters in 
        the Treaty Area except for--
                  (A) those waters subject to the jurisdiction 
                of the United States in accordance with 
                international law;
                  (B) those waters within Closed Areas; and
                  (C) those waters within Limited Areas closed 
                to fishing.
          (9) The term ``licensing period'' means the period of 
        validity of licenses issued in accordance with the 
        Treaty.
          (10) The term ``Limited Area'' means any area so 
        identified in Schedule 3 of Annex I of the Treaty.
          (11) The term ``operator'' means any person who is in 
        charge of, directs or controls a vessel, including the 
        owner, charterer, and master.
          (12) The term ``Pacific Island Party'' means a 
        Pacific Island nation which is a party to the Treaty.
          (13) The term ``Party'' means a nation which is a 
        party to the Treaty.
          (14) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (15) The term ``Secretary'' means the Secretary of 
        Commerce, or the designee of the Secretary of Commerce.
          (16) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealths of 
        Puerto Rico and the Northern Mariana Islands, American 
        Samoa, the Virgin Islands, Guam, and any other 
        Commonwealth, territory, or possession of the United 
        States.
          (17) The term ``Treaty'' means the Treaty on 
        Fisheries Between the Governments of Certain Pacific 
        Island States and the Government of the United States 
        of America, signed in Port Moresby, Papua New Guinea, 
        April 2, 1987, and its Annexes, Schedules, and 
        implementing agreements.
          (18) The term ``Treaty Area'' means the area so 
        described in paragraph 1(k) of Article 1 of the Treaty.

SEC. 3.\2\ APPLICATION TO OTHER LAWS.

    The seizure by a Pacific Island Party of a vessel of the 
United States shall not be determined to be a seizure described 
in section 205(a)(4)(C) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) \3\ 
or section 2 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1972) if the seizure is found by the Secretary of State 
to be in accordance with the provisions of the Treaty.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 973a.
    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 4.\4\ REGULATIONS.

    The Secretary of Commerce, with the concurrence of the 
Secretary of State and after consultation with the Secretary of 
the department in which the Coast Guard is operating, shall 
issue regulations as may be necessary to carry out the purposes 
and objectives of the Treaty and this Act. These regulations 
shall be made applicable as necessary to all persons and 
vessels subject to the jurisdiction of the United States, 
wherever located.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 973b.
---------------------------------------------------------------------------

SEC. 5.\5\ PROHIBITED ACTS.

    (a) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 973c.
---------------------------------------------------------------------------
          (1) to violate any provision of this Act or any 
        regulation or order issued pursuant to this Act;
          (2) to use a vessel for fishing in violation of an 
        applicable national law;
          (3) who has entered into a fishing arrangement under 
        paragraph 3 of Article 3 of the Treaty, to violate the 
        terms and conditions of such fishing arrangement if the 
        Secretary of State has decided under section 18 of this 
        Act that Article 4 and paragraph 6 of Article 5 of the 
        Treaty shall apply to the arrangement;
          (4) to use a vessel for fishing in any Limited Area 
        in violation of any requirement in Schedule 3 of Annex 
        I of the Treaty;
          (5) to use a vessel for fishing in any Closed Area;
          (6) to falsify any information required to be 
        reported, notified, communicated, or recorded pursuant 
        to a requirement of this Act, or to fail to submit any 
        required information, or to fail to report to the 
        Secretary immediately any change in circumstances which 
        has the effect of rendering any such information false, 
        incomplete, or misleading;
          (7) to intentionally destroy evidence which could be 
        used to determine if a violation of this Act or the 
        Treaty has occurred;
          (8) to refuse to permit any Authorized Officer or 
        Authorized Party Officer to board a fishing vessel for 
        purposes of conducting a search or inspection in 
        connection with the enforcement of this Act or the 
        Treaty;
          (9) to refuse to comply with the instructions of an 
        Authorized Officer or Authorized Party Officer relating 
        to fishing activities under the Treaty;
          (10) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with--
                  (A) any Authorized Officer or Authorized 
                Party Officer in the conduct of a search or 
                inspection in connection with the enforcement 
                of this Act or the Treaty; or
                  (B) an observer in the conduct of observer 
                duties under the Treaty;
          (11) to resist a lawful arrest for any act prohibited 
        by this section;
          (12) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section; or
          (13) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this Act or any regulation, permit, or the Treaty, 
        with the knowledge that the fish were so taken or 
        retained.
    (b) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States when in the Licensing Area--
          (1) to use a vessel to fish unless validly licensed 
        as required by the Administrator;
          (2) to use a vessel for directed fishing for southern 
        bluefin tuna or for fishing for any kinds of fish other 
        than tunas, except that fish may be caught as an 
        incidental by-catch;
          (3) to use a vessel for fishing by any method other 
        than the purse-seine method;
          (4) to use any vessel to engage in fishing after the 
        revocation of its license, or during the period of 
        suspension of an applicable license;
          (5) to operate a vessel in such a way as to disrupt 
        or in any other way adversely affect the activities of 
        traditional and locally based fishermen and fishing 
        vessels;
          (6) to use a vessel to fish in a manner inconsistent 
        with an order issued by the Secretary under section 11 
        of this Act; or
          (7) except for circumstances involving force majeure 
        and other emergencies involving the health or safety of 
        crew members or the safety of the vessel, to use an 
        aircraft in association with the fishing activities of 
        a vessel unless it is identified in the license 
        application for the vessel, or any amendment thereto.

SEC. 6.\6\ EXCEPTIONS.

    (a) The prohibitions of section 5 of this Act and the 
licensing requirements of section 9 of this Act shall not apply 
to fishing for albacore tuna by vessels using the trolling 
method or to fishing by vessels using the longline method in 
the high seas areas of the Treaty area.\7\
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 973d.
    \7\ Sec. 402 of Public Law 108-219 (118 Stat. 617) struck out 
``outside of the 200 nautical mile fisheries zones of the Pacific 
Island Parties.'' and inserted in lieu thereof ``or to fishing by 
vessels using the longline method in the high seas areas of the Treaty 
area.''
---------------------------------------------------------------------------
    (b) The prohibitions of section 5 (a)(4), (a)(5), and 
(b)(3) of this Act shall not apply to fishing under the terms 
and conditions of an arrangement which has been reached under 
paragraph 3 of Article 3 of the Treaty and which, pursuant to a 
decision by the Secretary of State under section 18 of this 
Act, is covered by Article 4 and paragraph 6 of Article 5 of 
the Treaty.

SEC. 7.\8\ CRIMINAL OFFENSES.

    (a) A person is guilty of a criminal offense if he or she 
commits any act prohibited by section 5(a) (8), (10), (11), or 
(12) of this Act.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 973e.
---------------------------------------------------------------------------
    (b) Any offense described in subsection (a) of this section 
is punishable by a fine of not more than $50,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any Authorized Officer, Authorized Party Officer, or 
observer under the Treaty in the conduct of their duties, or 
places any such Authorized Officer, Authorized Party Officer, 
or observer in fear of imminent bodily injury, the offense is 
punishable by a fine of not more than $100,000 or imprisonment 
for not more than 10 years, or both.
    (c) The district courts of the United States shall have 
jurisdiction over any offense described in this section.

SEC. 8.\9\ CIVIL PENALTIES.

    (a) Any person who is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an act 
prohibited by section 5 of this Act, shall be liable to the 
United States Code for a civil penalty. Before issuing a notice 
of violation, the Secretary shall consult with the Secretary of 
State. The amount of the civil penalty shall be determined in 
accordance with considerations set forth in the Treaty and 
shall take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed, and with respect to 
the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require. Except for those acts prohibited by section 5(a) (4), 
(5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), 
(3), and (7) of this Act, the amount of the civil penalty shall 
not exceed $250,000 for each violation. Upon written notice, 
the Secretary of State shall have the right to participate in 
any proceeding initiated to assess a civil penalty for 
violation of this Act.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 973f.
---------------------------------------------------------------------------
    (b) Any person against whom a civil penalty is assessed 
under subsection (a) of this section may obtain review thereof 
in the United States district court for the appropriate 
district by filing a complaint in such court within 30 days 
from the date of the order and by simultaneously serving a copy 
of the complaint by certified mail on the Secretary, the 
Attorney General of the United States, and the appropriate 
United States Attorney. The Secretary shall promptly file in 
the court a certified copy of the record upon which the 
violation was found or the penalty imposed. The findings and 
order of the Secretary shall be set aside or modified by the 
court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5, United 
States Code.
    (c) Except as provided in subsection (g) of this section, 
if any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after 
the appropriate court has entered final judgment in favor of 
the Secretary, the Secretary shall refer the matter to the 
Attorney General of the United States, who shall recover the 
amount assessed in any appropriate district court of the United 
States.
    (d) Except as provided in subsection (g) of this section, a 
fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 5 of this Act shall be liable in rem 
for any civil penalty assessed for the violation under section 
8 of this Act and may be proceeded against in any district 
court of the United States having jurisdiction thereof. The 
penalty shall constitute a maritime lien on the vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
    (e) The Secretary, after consultation with the Secretary of 
State, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
    (f) For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contempt or refusal to obey a subpoena served upon a 
person pursuant to this subsection, the district court of the 
United States for any district in which the person is found, 
resides, or transacts business, upon application by the United 
States and after notice to the person, shall have jurisdiction 
to issue an order requiring the person to appear and give 
testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to 
obey the order of the court may be punished by the court as a 
contempt thereof.
    (g) If a vessel used in a violation of section 5(a) (1), 
(2), (3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b) 
of this Act for which a civil penalty has been assessed--
          (1) had a valid license under the Treasury at the 
        time of the violation, and
          (2) within 60 days after the penalty assessment has 
        become final, leaves and remains outside of the 
        Licensing Area, all Limited Areas closed to fishing, 
        and all Closed Areas until the final penalty has been 
        paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.

SEC. 9.\10\ LICENSES.

    (a) Licenses to fish in the Licensing Area, to be issued by 
the Administrator in accordance with the Treaty, may be 
requested from the Secretary by operators of vessels, under 
procedures established by the Secretary. The license 
application shall designate an agent for the service of legal 
process to be located in Port Moresby, Papua New Guinea. The 
applicant shall ensure that the designated agent for service of 
process, acting on behalf of the license holder, will receive 
and respond to any legal process issued in accordance with the 
Treaty and will, within 21 days after notification, travel if 
necessary for this purpose to any Pacific Island Party at no 
expense to that Party.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 973g.
---------------------------------------------------------------------------
    (b) Except as provided in subsections (e), (f), and (g) of 
this section, the Secretary shall forward a vessel license 
application to the Secretary of State for transmittal to the 
Administrator whenever such application is in accordance with 
application procedures established by the Secretary, includes a 
complete application form as required by Annex II of the 
Treaty, and is accompanied by the required license fee.
    (c)(1) In the initial year of implementation, fees for the 
first 40 vessel licenses shall be at least $50,000 each, for 
any 10 vessel licenses in addition to the first 40 shall be 
$60,000 each, and for vessel licenses in addition to the first 
50 shall be in accordance with Annex II of the Treaty.
    (2) After such initial year, fees for vessel licenses shall 
be paid in accordance with fee schedules established under 
Annex II of the Treaty and published by the Secretary.
    (d) Licenses shall be valid for the licensing period 
specified by the Administrator.
    (e) The Secretary may establish a system of allocating 
licenses in the event more applications are received than there 
are licenses available.
    (f) For the initial year of implementation, license fees 
totaling at least $1,750,000 must be received by the Secretary 
before any license applications will be forwarded to the 
Secretary of State for transmittal to the Administrator.
    (g) The Secretary, in consultation with the Secretary of 
State, may determine that a license application should not be 
forwarded to the Administrator for one of the following 
reasons:
          (1) where the application is not in accordance with 
        the Treaty or the procedures established by the 
        Secretary;
          (2) where the owner or charterer is the subject of 
        proceedings under the bankruptcy laws of the United 
        States, unless reasonable financial assurances have 
        been provided to the Secretary;
          (3) where the owner or charterer has not established 
        to the satisfaction of the Secretary that the fishing 
        vessel is fully insured against all risks and 
        liabilities normally provided in maritime liability 
        insurance;
          (4) where the owner or charterer has not paid any 
        penalty which has become final, assessed by the 
        Secretary in accordance with this Act.
    (h) \11\ Notwithstanding the requirements of--
---------------------------------------------------------------------------
    \11\ Sec. 801 of Public Law 104-43 (109 Stat. 395) added subsec. 
(h).
---------------------------------------------------------------------------
          (1) section 1 of the Act of August 26, 1983 (97 Stat. 
        587; 46 U.S.C. 12108);
          (2) the general permit issued on December 1, 1980, to 
        the American Tunaboat Association under section 
        104(h)(1) of the Marine Mammal Protection Act (16 
        U.S.C. 1374(h)(1)); and
          (3) sections 104(h)(2) and 306(a) of the Marine 
        Mammal Protection Act (16 U.S.C. 1374(h)(2) and 
        1416(a))--
any vessel documented under the laws of the United States as of 
the date of enactment of the Fisheries Act of 1995 for which a 
license has been issued under subsection (a) may fish for tuna 
in the Treaty Area, including those waters subject to the 
jurisdiction of the United States in accordance with 
international law, subject to the provisions of the treaty and 
this Act, provided that no such vessel fishing in the Treaty 
Area intentionally deploys a purse seine net to encircle any 
dolphin or other marine mammal in the course of fishing under 
the provisions of the Treaty or this Act.

SEC. 10.\12\ ENFORCEMENT.

    (a) The provisions of this Act shall be enforced by the 
Secretary in cooperation with the Secretary of State. The 
Secretary, after consultation with the Secretary of State, may 
by agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency and of any 
State agency in the performance of these duties.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 973h.
---------------------------------------------------------------------------
    (b)(1) The Secretary shall, at the request of a Pacific 
Island Party made to the Secretary of State, fully investigate 
any alleged infringement of the Treaty involving a vessel of 
the United States, and report as soon as practicable, and in 
any case within 2 months, to that Party through the Secretary 
of State on any action taken or proposed by the Secretary in 
regard to the alleged infringement.
    (2) Upon commencement of an investigation under paragraph 
(1) of this subsection, the Secretary shall notify the operator 
of any vessel concerned regarding--
          (A) the nature of the investigation;
          (B) the right of the operator to submit comments, 
        information, or evidence bearing on the investigation 
        and to receive, upon the operator's timely written 
        request to the Secretary, an opportunity to present 
        such comments, information, or evidence orally to the 
        Secretary or the Secretary's representative within 30 
        days after receipt of such notification.
    (c)(1) Prior to instituting any legal proceedings under 
this Act for any action which involves an alleged infringement 
of the Treaty in waters within the jurisdiction of a Pacific 
Island Party, the Secretary, through the Secretary of State, 
shall notify the Pacific Island Party in accordance with 
paragraph 8 of Article 4 of the Treaty that the proceedings 
will be instituted. Such notice shall include a statement of 
the facts believed to show an infringement of the Treaty and 
the nature of the proposed proceedings, including any proposed 
charges and any proposed penalties. The Secretary shall not 
institute such proceedings if the Pacific Island Party objects 
within 30 days after the effective date of the notice under 
Article 10 of the Treaty.
    (2) The Pacific Island Party exercising jurisdiction over 
the waters involved in such a legal proceeding shall be 
promptly notified by the Secretary, through the Secretary of 
State, concerning the outcome of the proceeding.
    (d)(1) Any Authorized Officer may--
          (A) with or without a warrant or other process--
                  (i) arrest any person, if he has reasonable 
                cause to believe that the person has committed 
                any act subject to prosecution under section 7 
                of this Act;
                  (ii) board, and search or inspect, any 
                fishing vessel which is subject to the 
                provisions of this Act; or
                  (iii) seize samples of fish or items for 
                evidence (other than the vessel or its fishing 
                gear or equipment) related to any violation of 
                any provision of this Act;
                  (iv) order a vessel into the most convenient 
                port of the United States for investigation 
                when an investigation has been requested by a 
                Pacific Island Party in accordance with the 
                Treaty and when such an order is necessary to 
                gather information for such an investigation;
          (B) execute any warrant or other process issued by 
        any court of competent jurisdiction;
          (C) exercise any other lawful authority; and
          (D) investigate alleged violations of the Treaty to 
        the same extent authorized to investigate alleged 
        violations of this Act.
    (2) To the extent possible, Authorized Officers shall 
exercise their powers under paragraph (1)(A) (ii), (iii), and 
(iv) of this subsection so as not to interfere unduly with the 
lawful operation of the vessel.
    (3) Nothing in this Act shall be construed to limit the 
enforcement of this or other applicable Federal laws under 
section 89 of title 14, United States Code.
    (e) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this Act.

SEC. 11.\13\ FINDINGS BY THE SECRETARY.

    (a) Following any investigation conducted in accordance 
with section 10(b) of this Act, the Secretary, with the 
concurrence of the Secretary of State, and upon the request of 
the Pacific Island Party concerned, may order a fishing vessel 
which has not submitted to the jurisdiction of that Pacific 
Island Party to leave immediately the Licensing Area, all 
Limited Areas, and all Closed Areas upon making a finding--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 973i.
---------------------------------------------------------------------------
          (1) that the fishing vessel--
                  (A) while fishing in the Licensing Area did 
                not have a license under the Treaty to fish in 
                the Licensing Area, and that under paragraph 2 
                of Article 3 of the Treaty, such fishing is not 
                authorized to be conducted in the Licensing 
                Area without a license;
                  (B) was involved in any incident in which an 
                Authorized Officer, Authorized Party Officer, 
                or observer was allegedly assaulted with 
                resultant bodily harm, physically threatened, 
                forcefully resisted, refused boarding, or 
                subjected to physical intimidation or physical 
                interference in the performance of duties as 
                authorized by this Act or the Treaty;
                  (C) has not made full payment within 60 days 
                of any amount due as a result of a final 
                judgment or other final determination deriving 
                from a violation in waters within the Treaty 
                Area of a Pacific Island Party; or
                  (D) was not represented by an agent for 
                service of process in accordance with the 
                Treaty; or
          (2) that there is probable cause to believe that the 
        fishing vessel--
                  (A) was used in violation of section 5 
                (a)(4), (a)(5), (b)(2), or (b)(3) of this Act;
                  (B) used an aircraft in violation of section 
                5(b)(7); or
                  (C) was involved in an incident in which 
                section 5(a)(7) was violated.
    (b) Upon being advised by the Secretary of State that 
proper notification to Parties has been made under paragraph 7 
of Article 5 of the Treaty that a Pacific Island Party is 
investigating an alleged infringement of the Treaty by a vessel 
in waters under the jurisdiction of such Pacific Island Party, 
the Secretary shall order the vessel to leave such waters until 
the Secretary of State notifies the Secretary that such order 
is no longer necessary.
    (c) The Secretary shall rescind any order issued on the 
basis of a finding under subsection (a)(1) (C) or (D) of this 
section as soon as the Secretary determines that the facts 
underlying the finding do not apply.
    (d) No order issued in accordance with this section is 
subject to judicial review.
    (e) Upon a request by the Secretary, the Attorney General 
shall commence a civil action for appropriate relief, including 
permanent or temporary injunction, to enforce any order issued 
by the Secretary under this section.

SEC. 12.\14\ REPORTING.

    (a) Holders of licenses shall comply with the reporting 
requirements of part 4 of Annex I to the Treaty.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 973j.
---------------------------------------------------------------------------
    (b) Information provided by license holders in Schedules 5 
and 6 of Annex I of the Treaty shall be provided to the 
Secretary for transmittal to the Administrator and to an entity 
designated by the license holder. Such information thereafter 
shall not be released and shall be maintained as confidential 
by the Secretary, including information requested under the 
Freedom of Information Act, unless disclosure is required under 
court order or unless the information is essential for an 
enforcement action under section 5, 10(b), 10(c), or 11 of this 
Act, or any other proper law enforcement action.

SEC. 13.\15\ CLOSED AREA STOWAGE REQUIREMENTS.

    At all times while a vessel is in a Closed Area, the 
fishing gear of the vessel shall be stowed in such a manner as 
not to be readily available for fishing. In particular, the 
boom shall be lowered as far as possible so that the vessel 
cannot be used for fishing, but so that the skiff is accessible 
for use in emergency situations; the helicopter, if any, shall 
be tied down; and launches shall be secured.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 973k.
---------------------------------------------------------------------------

SEC. 14.\16\ OBSERVERS.

    (a) The operator and each member of the crew of a vessel 
shall allow and assist any individual identified as an observer 
under the Treaty by the Pacific Island Parties--
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 973l.
---------------------------------------------------------------------------
          (1) to board the vessel for scientific, compliance, 
        monitoring and other functions at the point and time 
        notified by the Pacific Island Parties to the 
        Secretary;
          (2) without interfering unduly with the lawful 
        operation of the vessel, to have full access to and use 
        of facilities and equipment on board the vessel which 
        the observer may determine are necessary to carry out 
        observer duties; have full access to the bridge, fish 
        on board, and areas which may be used to hold, process, 
        weigh, and store fish; remove samples; have full access 
        to the vessel's records, including its log and 
        documentation for the purpose of inspection and 
        copying; and gather any other information relating to 
        fisheries in the Licensing Area;
          (3) to disembark at the point and time notified by 
        the Pacific Island Parties to the Secretary; and
          (4) to carry out observer duties safely.
    (b) The operator shall provide any such observer, while on 
board the vessel, at no expense to the Pacific Island Parties, 
with food, accommodation, and medical facilities of such 
reasonable standard as may be acceptable to the Pacific Island 
Party whose representative is serving as the observer.
    (c) The operator of any vessel from which any fish taken in 
the Licensing Area is unloaded shall allow, or arrange for, and 
assist any individual so authorized by the Pacific Island 
Parties to have full access to any place where such fish is 
unloaded, to remove samples, and to gather any other 
information relating to fisheries in the Licensing Area.

SEC. 15.\17\ TECHNICAL ASSISTANCE.

    The United States tuna industry shall provide $250,000 
annually in technical assistance, including provision of 
assistance by technicians, in response to requests coordinated 
through the Administrator. The Secretary of State shall 
designate an entity to coordinate the provision of such 
technical assistance as provided by the United States tuna 
industry and to provide an annual report to the Secretary of 
State regarding the provision of such technical assistance.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 973m.
---------------------------------------------------------------------------

SEC. 16.\18\ ARBITRATION.

    In the event of a dispute requiring the establishment of an 
arbitral tribunal under Article 6 of the Treaty, the Secretary 
of State, in consultation with the Secretary, shall appoint the 
arbitrator to be appointed by the United States under paragraph 
3 of that Article, and shall represent the United States in 
reaching agreement under such paragraph with each Pacific 
Island Party involved concerning the appointment of the 
presiding arbitrator of the tribunal.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 973n.
---------------------------------------------------------------------------

SEC. 17.\19\ DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER 
                    MONEYS.

    To the extent required by Article 4 of the Treaty, an 
amount equivalent to the total value of any fine, penalty, or 
other amount collected as a result of any action, judicial or 
otherwise, taken pursuant to sections 7 and 8 of this Act shall 
be paid by the United States through the Secretary of State to 
the Administrator as soon as reasonably possible following the 
date that such amount is collected.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 973o.
---------------------------------------------------------------------------

SEC. 18.\20\ ADDITIONAL AGREEMENTS.

    Within 30 days after the Secretary of State's receipt of 
notice from a Pacific Island Party that it has concluded an 
arrangement pursuant to paragraph 3 of Article 3 of the Treaty, 
the Secretary of State shall consult with the Secretary 
concerning whether the procedures of Article 4 and paragraph 6 
of Article 5 of the Treaty should be made applicable to such 
arrangement. At the conclusion of the consultations the Pacific 
Island Party and all other persons agreeing to the arrangement 
shall be notified by the Secretary of State of the resulting 
decision.
---------------------------------------------------------------------------
    \20\ 16 U.S.C. 973p.
---------------------------------------------------------------------------

SEC. 19.\21\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

    The Secretary of State is authorized to receive on behalf 
of the United States reports, requests, and other 
communications from the Administrator and to act thereon 
directly or by reference to the appropriate authorities. The 
Secretary of State, after consultations with the Secretary, may 
accept or reject, on behalf of the United States, changes or 
amendments to Annex I of the Treaty and its Schedules and Annex 
II to the Treaty and its Schedules.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 973q.
---------------------------------------------------------------------------

SEC. 20.\22\ AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated for fiscal 
years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 
2001, and 2002 \23\ such sums as may be necessary for carrying 
out the purposes and provisions of the Treaty and this Act 
including--
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 973r.
    \23\ Sec. 3(b) of Public Law 102-523 (106 Stat. 3433) struck out 
``1988, 1989, 1990, 1991, and 1992'' each place it appeared in sec. 20, 
and inserted in lieu thereof ``1992, 1993, 1994, 1995, 1996, 1997, 
1998, 1999, 2000, 2001, and 2002''.
---------------------------------------------------------------------------
          (1) for fiscal years 1992, 1993, 1994, 1995, 1996, 
        1997, 1998, 1999, 2000, 2001, and 2002,\23\ an amount 
        not to exceed $350,000 annually to the Department of 
        Commerce for administrative expenses; and
          (2) for fiscal years 1988, 1989, 1990, 1991, and 
        1992, an amount not to exceed $50,000 annually to the 
        Department of State for administrative expenses.
    (b) Funds appropriated for the purposes of the Treaty may 
be used notwithstanding any of the provisions of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any 
appropriations Act that imposes restrictions on the maintenance 
or use of cash transfer assistance, which are inconsistent with 
the provisions of the Treaty.

SEC. 21.\24\ EFFECTIVE DATE.

    (a) Except as provided in subsection (b) of this section, 
this Act shall be effective on the date on which the Treaty 
enters into force for the United States.
---------------------------------------------------------------------------
    \24\ 16 U.S.C. 973 note.
---------------------------------------------------------------------------
    (b)(1) The authority to promulgate regulations pursuant to 
this Act shall be effective on the date of enactment of this 
Act.
    (2) Any regulation promulgated pursuant to this Act shall 
not be effective before the date on which the Treaty enters 
into force for the United States.
          d. Eastern Pacific Ocean Tuna Licensing Act of 1984

Public Law 98-445 [H.R. 5147], 98 Stat. 1715, approved October 4, 1984; 
 as amended by Public Law 104-208 [Department of Commerce and Related 
  Agencies Appropriations Act; title II of sec. 101(a) of title I of 
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 
                                  1996

 AN ACT To implement the Eastern Pacific Ocean Tuna Fishing Agreement, 
            signed in San Jose, Costa Rica, March 15, 1983.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of 
1984''.

SEC. 2.\1\ DEFINITIONS.

    As used in this Act--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 972.
---------------------------------------------------------------------------
          (1) The term ``Agreement'' means the Eastern Pacific 
        Ocean Tuna Fishing Agreement, signed in San Jose, Costa 
        Rica, March 15, 1983.
          (2) The term ``Agreement Area'' means the area within 
        a perimeter determined as follows: From the point on 
        the mainland where the parallel of 40 degrees north 
        latitude intersects the coast westward along the 
        parallel of 40 degrees north latitude to 40 degrees 
        north latitude by 125 degrees west longitude to 20 
        degrees north latitude by 125 degrees west longitude, 
        thence southerly along the meridian of 125 degrees west 
        longitude to 20 degrees north latitude by 125 degrees 
        west longitude, thence easterly along the parallel of 
        20 degrees north latitude to 20 degrees latitude by 120 
        degrees west longitude, thence southerly along the 
        meridian of 120 degrees west longitude to 5 degrees 
        north latitude by 120 degrees west longitude, thence 
        easterly along the parallel of 5 degrees north latitude 
        to 5 degrees north latitude by 110 degrees west 
        longitude, thence southerly along the meridian of 110 
        degrees west longitude to 10 degrees south latitude by 
        110 degrees west longitude, thence easterly along the 
        parallel of 10 degrees south latitude to 10 degrees 
        south latitude by 90 degrees west longitude, thence 
        southerly along the meridian of 90 degrees west 
        longitude to 30 degrees south latitude by 90 degrees 
        west longitude, thence easterly along the parallel of 
        30 degrees south latitude to the point on the mainland 
        where the parallel intersects the coast; but the 
        Agreement Area does not include the zones within twelve 
        nautical miles of the baseline from which the breadth 
        of territorial sea is measured and the zones within two 
        hundred nautical miles of the baselines of Coastal 
        States not signatories to the Agreement, measured from 
        the same baseline.
          (3) The term ``designated species of tuna'' means 
        yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); 
        bigeye tuna, Thunnus obesus (Lowe, 1839); albacore 
        tuna, Thunnus alalunga (Bonnaterre, 1788); northern 
        bluefin tuna, Thunnus thynnus (Linnaeus, 1758): 
        southern bluefin tuna, Thunnus maccoyil (Castelnau, 
        1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 
        1578); black skipjack, Euthynnus Lineatus (Kishinouye 
        1920); kawakawa, Euthynnus affinis (Cantor, 1849); 
        bullet tuna, Auxis rochei (Risso, 1810), frigate tuna, 
        Ausix (Lacepede, 1800); eastern Pacific bonito, Sarda 
        chiliensis (Cuvier in Cuvier and Valenciennes, 1831); 
        and Indo-Pacific bonito, Sarda orientalis (Temminck and 
        Schlegel, 1844).
          (4) The term ``Council'' means the body consisting of 
        the representatives from each Contracting Party to the 
        Agreement which is a Coastal State of the eastern 
        Pacific Ocean or a member of the Inter-American 
        Tropical Tuna Commission at the time of entry into 
        force of the Agreement.

SEC. 3.\2\ UNITED STATES REPRESENTATION ON THE COUNCIL.

    (a) The Secretary of State--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 972a.
---------------------------------------------------------------------------
          (1) shall appoint a United States representative to 
        the Council; and
          (2) may appoint not more than three alternate United 
        States representatives to the Council.
    (b) An individual is not eligible for appointment as, or to 
serve as, the United States representative under subsection 
(a)(1) unless the individual is an officer or employee of the 
United States Government.
    (c) An individual is not entitled to compensation for 
serving as the United States representative or an alternate 
United States representative.
    (d) While away from home or a regular place of business in 
the performance of service as the United States representative 
or an alternate United States representative, an individual is 
entitled to travel expenses, including per diem in lieu of 
subsistence, in the same manner as individuals employed 
intermittently in Government service are allowed expenses under 
section 5703(b) of title 5 of the United States Code.

SEC. 4.\3\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

    The Secretary of State shall receive, on behalf of the 
United States Government, reports, requests, recommendations 
and other communications of the Council, and, in consultation 
with the Secretary of Commerce, shall act directly thereon or 
by reference to the appropriate authorities.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 972b.
---------------------------------------------------------------------------

SEC. 5.\4\ APPLICATION TO OTHER LAWS.

    (a) Notwithstanding section 4 of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to 
a seizure by a Contracting Party to the Agreement of a vessel 
of the United States within the Agreement Area for violation of 
the Agreement if the Secretary of State determines that the 
violation is not of such seriousness as to diminish the 
effectiveness of the Agreement.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 972c.
---------------------------------------------------------------------------
    (b) The seizure by a Contracting Party to the Agreement of 
a vessel of the United States shall not be considered to be a 
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1825(a)(4)(C)) \5\ if the seizure is consistent with the 
Agreement.
---------------------------------------------------------------------------
    \5\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 6.\6\ DISPOSITION OF FEES.

    All fees accruing to the United States under Article III Of 
the Agreement shall be deposited into the Treasury of the 
United States.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 972d.
---------------------------------------------------------------------------

SEC. 7.\7\ REGULATIONS.

    The Secretary of Commerce, in cooperation with the 
Secretary of State of the department in which the Coast Guard 
is operating, shall issue such regulations as may be necessary 
to carry out the purposes and objectives of the Agreement and 
this Act. Regulations may be made applicable as necessary to 
all persons and vessels subject to the jurisdiction of the 
United States, wherever located. Regulations concerning the 
conservation of a designated species of tuna may be issued only 
to implement conservation recommendations made by the Council 
under Article 3(D) of the Agreement.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 972e.
---------------------------------------------------------------------------

SEC. 8.\8\ PROHIBITED ACTS.

    (a) It is unlawful for any person subject to the 
jurisdiction of the United States--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 972f.
---------------------------------------------------------------------------
          (1) to engage in fishing for a designated species of 
        tuna within the Agreement Area unless issued a license 
        under the Agreement authorizing such fishing;
          (2) to engage in fishing for a designated species of 
        tuna within the Agreement area in contravention of 
        regulations promulgated by the Secretary of the 
        Commerce under the Agreement:
          (3) knowingly to ship, transport, purchase, sell, 
        offer for sale, export, or have in custody, possession, 
        or control any designated species of tuna taken or 
        retained in violation of regulations issued under 
        section 7;
          (4) to fail to make, keep, or furnish any catch 
        return, statistical record, or other report required by 
        regulations issued under section 7;
          (5) being a person in charge of a vessel of the 
        United States, to fail to stop upon being hailed by an 
        authorized official of the United States, or to refuse 
        to permit officials of the United States to board the 
        vessel or inspect its catch, equipment, books, 
        documents, records, or other articles, or to question 
        individuals on board; or
          (6) to import from any country, in violation of any 
        regulation issued under section 7, any designated 
        species of tuna.
    (b) Any person who is convicted of violating--
          (1) subsection (a)(1), (a)(2), (a)(3) shall be fined 
        or assessed a civil penalty not more than $25,000, and 
        for a subsequent violation shall be fined or assessed a 
        civil penalty not more than $50,000;
          (2) subsection (a)(4) or (a)(5) shall be fined or 
        assessed a civil penalty not more than $5,000, and for 
        a subsequent violation shall be fined or assessed a 
        civil penalty not more than $5,000; or
          (3) subsection (a)(6) shall be fined or assessed a 
        civil penalty not more than $100,000.
    (c) All designated species of tuna taken or retained in 
violation of subsection (a) (1), (2), (3), or (6), or the 
monetary value thereof, is subject to forfeiture.
    (d) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under this Act, insofar as 
such provisions of law are applicable and not inconsistent with 
the provisions of this Act.

SEC. 9.\9\ ENFORCEMENT.

    (a) The judges of the United States district courts and 
United States magistrates may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable 
cause, issue such warrants or other process as may be required 
for enforcement of this Act and the regulations issued under 
section 7.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 972g.
---------------------------------------------------------------------------
    (b) The enforcement of this Act and the regulations issued 
under section 7 shall be the joint responsibility of the 
department in which the Coast Guard is operating, the 
Department of Commerce, and the United States Customs Service. 
In addition, the Secretary of Commerce may designate officers 
and employees of the States of the United States, of the 
Commonwealth of Puerto Rico, and of American Samoa to carry out 
enforcement activities under this section. When so designated, 
such officers and employees may function as Federal law 
enforcement agents for these purposes.
    (c) An individual authorized to carry out enforcement 
activities under this section has power to execute any warrant 
or process issued by any officer or court of competent 
jurisdiction for the enforcement of this Act.
    (d) An individual so authorized to carry out enforcement 
activities under this section has power--
          (1) with or without a warrant or other process, to 
        arrest any person subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued under 
        section 7;
          (2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of the search he has 
        reasonable cause to believe that such vessel or any 
        individual on board is engaging in operations in 
        violation of this Act or any regulation issued 
        thereunder to arrest such person.
    (e) An individual authorized to enforce this Act may seize, 
whenever or wherever lawfully found, all species of designated 
tuna taken or retained in violation of this Act or the 
regulations issued under section 7. Any species so seized may 
be disposed of pursuant to the order of a court of competent 
jurisdiction, under subsection (f) of this section or, if 
perishable, in a manner prescribed by regulations of the 
Secretary of Commerce.
    (f) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any species of designated tuna seized if 
the process has been levied, on receiving from the claimant of 
the species a bond or stipulation for the value of the property 
with sufficient surety to be approved by a judge of the 
district court having jurisdiction of the offense, conditioned 
to deliver the species seized, if condemned, without impairment 
in value or, in the discretion of the court, to pay the 
equivalent value in money or otherwise to answer the decree of 
the court in such case. Such bond or stipulation shall be 
returned to the court and judgment thereon against both the 
principal and sureties may be recovered in event of any breach 
of the conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the species may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.

SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 
after fiscal year 1984 such sums as may be necessary to carry 
out this Act.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 972h.
 e. Atlantic Tunas Convention Act of 1975, Appropriation Authorization

 Partial text of Public Law 96-339 [S. 2549], 94 Stat. 1069, approved 
 September 4, 1980; as amended by Public Law 104-43 [Fisheries Act of 
 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law 
  104-208 [Department of Commerce and Related Agencies Appropriations 
  Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; and Public Law 105-
      384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998

  AN ACT To authorize appropriations for fiscal years 1981, 1982, and 
   1983 for the Atlantic Tunas Convention Act of 1975, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 1975.

          * * * * * * *

SEC. 2.\1\ OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING.

    (a) Definitions.--As used in this section--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1827.
---------------------------------------------------------------------------
          (1) The term ``Act of 1976'' means the Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).\2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (2) The term ``billfish'' means any species of 
        marlin, spearfish, sailfish or swordfish.
          (3) The term ``Secretary'' means the Secretary of 
        Commerce.
    (b) Observer Program.--The Secretary shall establish a 
program under which a United States observer will be stationed 
aboard each foreign fishing vessel while that vessel--
          (1) is in waters that are within--
                  (A) the fishery conservation zone \3\ 
                established under section 101 of the Act of 
                1976, and
---------------------------------------------------------------------------
    \3\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) amended 
generally sec. 101 of the Magnuson-Stevens Fishery Conservation and 
Management Act, which established the fishery conservation zone. Sec. 
101, amended, relates to United States sovereign rights to fish and 
fishery management authority within the ``exclusive economic zone''.
---------------------------------------------------------------------------
                  (B) the Convention area as defined in Article 
                I of the International Convention for the 
                Conservation of Atlantic Tunas; and
          (2) is taking or attempting to take any species of 
        fish if such taking or attempting to take may result in 
        the incidental taking of billfish.
The Secretary may acquire observers for such program through 
contract with qualified private persons.
    (c) Functions of Observers.--United States observers, while 
aboard foreign fishing vessels as required under subsection 
(b), shall carry out such scientific and other functions as the 
Secretary deems necessary or appropriate to carry out this 
section.
    (d) Fish.--There is imposed for each year after 1980 on the 
owner or operator or each foreign fishing vessel that, in the 
judgment of the Secretary, will engage in fishing in waters 
described in subsection (b)(1) during that year which may 
result in the incidental taking of billfish a fee in an amount 
sufficient to cover all of the costs of providing an observer 
aboard that vessel under the program established under 
subsection (a). The fees imposed under this subsection for any 
year shall be paid to the Secretary before that year begins. 
All fees collected by the Secretary under this subsection shall 
be deposited in the Fund established by subsection (e).
    (e) Fund.--There is established in the Treasury of the 
United States the Foreign Fishing Observer Fund. The Fund shall 
be available to the Secretary as a revolving fund for the 
purpose of carrying out this section.\4\ The Fund shall consist 
of the fees deposited into it as required under subsection (d). 
All payments made by the Secretary to carry out this section 
shall be paid from the Fund, only to the extent and in the 
amounts provided for in advance in appropriation Acts. Sums in 
the Fund which are not currently needed for the purposes of 
this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
---------------------------------------------------------------------------
    \4\ The Department of Commerce Appropriations Act, 2003 (title II 
of Division B Public Law 108-7; 117 Stat. 76), provided:
---------------------------------------------------------------------------

``foreign fishing observer fund
---------------------------------------------------------------------------

    ``For expenses necessary to carry out the provisions of the 
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), 
the Magnuson-Stevens Fishery Conservation and Management Act of 1976, 
as amended (Public Law 100-627) , the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $1,000, to remain available until expended.''.
---------------------------------------------------------------------------
    (f) Prohibited Acts.--(1) It is unlawful for any person who 
is the owner or operator of a foreign fishing vessel to which 
this section applies--
          (A) to violate any regulation issued under subsection 
        (g);
          (B) to refuse to pay the fee imposed under subsection 
        (d) after being requested to do so by the Secretary; or
          (C) to refuse to permit an individual who is 
        authorized to act as an observer under this section 
        with respect to that vessel to board the vessel for 
        purposes of carrying out observer functions.
    (2) Section 308 of the Act of 1976 (relating to civil 
penalties) applies to any act that is unlawful under paragraph 
(1), and for purposes of such application the commission of any 
such act shall be treated as an act the commission of which is 
unlawful under section 307 of the Act of 1976.
    (g) Regulations.--The Secretary shall issue such 
regulations as are necessary or appropriate to carry out this 
section.

SEC. 3.\5\ RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.

    (a) \6\ Biennial Report on Bluefin Tuna.--The Secretary of 
Commerce shall prepare, for each biennial period commencing 
with the period covering calendar years 1981 and 1982, and 
submit to the Congress a report setting forth, with respect to 
such biennial period--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 971i. Sec. 302(b)(1) of the Atlantic Tunas Convention 
Authorization Act of 1995 (Public Law 104-43; 109 Stat. 382) amended 
and restated the section catchline, which formerly read: ``reports 
regarding bluefin tuna.''.
    \6\ Sec. 302(b)(3) of Public Law 104-43 (109 Stat. 382) inserted 
subsec. designation and subsec. heading.
---------------------------------------------------------------------------
          (1) the level of taking of bluefin tuna by United 
        States fishermen in the Convention area as defined in 
        Article I of the International Convention for the 
        Conservation of Atlantic Tunas;
          (2) the status of bluefin tuna stocks within such 
        Convention area and the trends in their population 
        level; and
          (3) related information resulting from the 
        implementation of the observer program under section 2 
        of this Act.
The report required under this section shall be submitted to 
the Congress within sixty days after the close of the biennial 
period covered by the report.\7\
---------------------------------------------------------------------------
    \7\ Sec. 302(b)(2) of Public Law 104-43 (109 Stat. 382) struck out 
a sentence at this point that read: ``There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
---------------------------------------------------------------------------
    (b) \8\ Highly Migratory Species Research and Monitoring.--
---------------------------------------------------------------------------
    \8\ Sec. 302(b)(4) of Public Law 104-43 (109 Stat. 382) added 
subsec. (b).
---------------------------------------------------------------------------
          (1) Within 6 months after the date of enactment of 
        the Atlantic Tunas Convention Authorization Act of 
        1995, the Secretary of Commerce, in cooperation with 
        the advisory committee established under section 4 of 
        the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971b) and in consultation with the United States 
        Commissioners on the International Commission for the 
        Conservation of Atlantic Tunas (referred to elsewhere 
        in this section as the ``Commission'') and the 
        Secretary of State, shall develop and implement a 
        comprehensive research and monitoring program to 
        support the conservation and management of Atlantic 
        bluefin tuna and other highly migratory species that 
        shall--
                  (A) identify and define the range of stocks 
                of highly migratory species in the Atlantic 
                Ocean, including Atlantic bluefin tuna; and
                  (B) provide for appropriate participation by 
                nations which are members of the Commission.
          (2) The program shall provide for, but not be limited 
        to--
                  (A) statistically designed cooperative 
                tagging studies;
                  (B) genetic and biochemical stock analyses;
                  (C) population censuses carried out through 
                aerial surveys of fishing grounds and known 
                migration areas;
                  (D) adequate observer coverage and port 
                sampling of commercial and recreational fishing 
                activity;
                  (E) collection of comparable real-time data 
                on commercial and recreational catches and 
                landings through the use of permits, logbooks, 
                landing reports for charter operations and 
                fishing tournaments, and programs to provide 
                reliable reporting of the catch by private 
                anglers;
                  (F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly 
                migratory species;
                  (G) integration of data from all sources and 
                the preparation of data bases to support 
                management decisions; and
                  (H) other research as necessary.
          (3) In developing a program under this section, the 
        Secretary shall--
                  (A) ensure that personnel and resources of 
                each regional research center shall have 
                substantial participation in the stock 
                assessments and monitoring of highly migratory 
                species that occur in the region;
                  (B) provide for comparable monitoring of all 
                United States fishermen to which the Atlantic 
                Tunas Convention Act of 1975 \9\ applies with 
                respect to effort and species composition of 
                catch and discards;
---------------------------------------------------------------------------
    \9\ Sec. 202(b)(2) of Public Law 105-384 (112 Stat. 3453) inserted 
``of 1975''.
---------------------------------------------------------------------------
                  (C) consult with relevant Federal and State 
                agencies, scientific and technical experts, 
                commercial and recreational fishermen, and 
                other interested persons, public and private, 
                and shall publish a proposed plan in the 
                Federal Register for the purpose of receiving 
                public comment on the plan; and
                  (D) through the Secretary of State, encourage 
                other member nations to adopt a similar 
                program.
          f. Atlantic Tunas Convention Act of 1975, as amended

Public Law 94-70 [H.R. 5522], 89 Stat. 385, approved August 5, 1975; as 
 amended by Public Law 94-265 [Fishery Conservation and Management Act 
   of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976; 
  Public Law 95-33 [H.R. 6205], 91 Stat. 173, approved May 26, 1977; 
Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980; 
Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; Public 
Law 99-659 [S. 991], 100 Stat 3706, approved November 14, 1986; Public 
 Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 
 Stat. 4436, approved November 28, 1990; Public Law 104-43 [Fisheries 
   Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
   104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; 
 Public Law 105-384 [H.R. 3461], 112 Stat. 3451, approved November 13, 
1998; Public Law 106-562 [H.R. 1653], 114 Stat. 2794, approved December 
23, 2000; and Public Law 107-372 [Hydrographic Services Improvement Act 
 Amendments of 2002; H.R. 4883], 116 Stat. 3078, approved December 19, 
                                  2002

     AN ACT To give effect to the International Convention for the 
   Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 
 1966,\1\ by the United States of America and other countries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Atlantic Tunas Convention Act of 
1975''.
---------------------------------------------------------------------------
    \1\ 20 UST 2887; see boxnote page 3.
---------------------------------------------------------------------------

                              definitions

    Sec. 2.\2\ For the purpose of this Act--
          (1) The term ``Convention'' means the International 
        Convention for the Conservation of Atlantic Tunas, 
        signed at Rio de Janeiro May 14, 1966, including any 
        amendments or protocols which are or become effective 
        for the United States.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 971.
---------------------------------------------------------------------------
          (2) The term ``Commission'' means the International 
        Commission for the Conservation of Atlantic Tunas 
        provided for in article III of the Convention.
          (3) \3\ The term ``conservation recommendation'' 
        means any recommendation of the Commission made 
        pursuant to Article VIII of the Convention and acted 
        upon favorably by the Secretary of State under section 
        5(a) of this Act.
---------------------------------------------------------------------------
    \3\ Sec. 303(1) of Public Law 104-43 (109 Stat. 384) redesignated 
paras. (3) through (10) as paras. (4) through (11), respectively, and 
added a new para. (3).
---------------------------------------------------------------------------
          (4) \3\ The term ``Council'' means the Council 
        established within the International Commission for the 
        Conservation of Atlantic Tunas pursuant to article V of 
        the Convention.
          (5) \3\, \4\ The term ``exclusive economic 
        zone'' means an exclusive economic zone as defined in 
        section 3 of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802).\5\
---------------------------------------------------------------------------
    \4\ Sec. 303(2) of Public Law 104-43 (109 Stat. 384) struck out 
para. (5), as redesignated, and inserted a new para. (4) (resulting in 
two para. (4)). Subsequently, sec. 202(b)(1)(A) of Public Law 105-384 
(112 Stat. 3452) redesignated the second para. (4) as para. (5). Para. 
(5), as struck out by Public Law 104-43, formerly read as follows:
    ``(5) The term `fisheries zone' means the waters included within a 
zone contiguous to the territorial sea of the United States, of which 
the inner boundary is a line coterminous with the seaward boundary of 
each coastal State, and the outer boundary is a line drawn in such a 
manner that each point on it is two hundred nautical miles from the 
baseline from which the territorial sea is measured; or similar zones 
established by other parties to the Convention to the extent that such 
zones are recognized by the United States.''.
    Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out 
``fisheries zone'' throughout this Act, and inserted in lieu thereof 
``exclusive economic zone''.
    \5\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 2 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
          (6) \3\ The term ``fishing'' means the catching, 
        taking, or fishing for, or the attempted catching, 
        taking, or fishing for any species of fish covered by 
        the Convention, or any activities in support thereof.
          (7) \3\ the term ``fishing vessel'' means any vessel 
        engaged in catching fish or processing or transporting 
        fish loaded on the high seas, or any vessel outfitted 
        for such activities.
          (8) \3\ The term ``Panel'' means any panel 
        established by the Commission pursuant to article VI of 
        the Convention.
          (9) \3\ The term ``person'' means every individual, 
        partnership, corporation, and association subject to 
        the jurisdiction of the United States.
          (10) \3\ The term ``Secretary'' means the Secretary 
        of Commerce.
          (11) \3\ The term ``State'' includes each of the 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, and the territories 
        and possessions of the United States.

                             commissioners

    Sec. 3.\6\ (a)(1) \7\ The United States shall be 
represented by not more than three Commissioners who shall 
serve as delegates of the United States on the Commission, and 
who may serve on the Council and Panels of the Commission as 
provided for in the Convention. Such Commissioners shall be 
appointed by and serve at the pleasure of the President. Not 
more than one such Commissioner shall be a salaried employee of 
any State or political subdivision thereof, or the Federal 
Government. Individuals serving as such Commissioners shall not 
be considered to be Federal employees while performing such 
service, except for purposes of injury compensation or tort 
claims liability as provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, United States 
Code.\8\ The Commissioners shall be entitled to select a 
Chairman and to adopt such rules of procedure as they find 
necessary.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 971a.
    \7\ Sec. 201(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) inserted para. designation (1), 
and added new paras. (2) and (3).
    Sec. 201(b) and sec. 202 of that Act also provided the following:
    ``(b) Application to Current Commissioners.--(1) Paragraph (2) of 
section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971a(a)), as added by this section, shall not apply to reappointment of 
an individual as a United States Commissioner of the International 
Commission for the Conservation of Atlantic Tunas (hereinafter in this 
title referred to as a `Commissioner') if that individual is serving in 
that position on the date of enactment of this Act.
    ``(2) An individual serving a term as a Commissioner on the date of 
enactment of this Act shall not, by reason of that term of service, be 
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, 
for reappointment as a Commissioner.
---------------------------------------------------------------------------

``termination of current terms and completion of pending appointments
---------------------------------------------------------------------------

    ``Sec. 202. The term as Commissioner of each individual serving in 
that position on the date of enactment of this Act shall terminate 
March 1, 1991. Not later than that date, the President shall complete 
appointment (or reappointment) of individuals to serve as Commissioners 
on and after that date.''.
    \8\ Sec. 303 of Public Law 106-562 (114 Stat. 2806) added this 
sentence.
---------------------------------------------------------------------------
    (2) \7\ Of the Commissioners appointed under paragraph (1) 
who are not governmental employees--
          (A) one shall be appointed from among individuals 
        with knowledge and experience regarding commercial 
        fishing in the Atlantic Ocean, Gulf of Mexico, or 
        Caribbean Sea; and
          (B) one shall be appointed from among individuals 
        with knowledge and experience regarding recreational 
        fishing in the Atlantic Ocean, Gulf of Mexico, or 
        Caribbean Sea.
    (3) \7\ (A) The term of a Commissioner shall be three 
years.
    (B) An individual appointed in accordance with paragraph 
(2) shall not be eligible to serve more than two consecutive 
terms as a Commissioner.
    (b) The Secretary of State, in consultation with the 
Secretary, may designate from time to time and for periods of 
time deemed appropriate Alternate United States Commissioners 
to the Commission. Any Alternate United States Commissioner may 
exercise at any meeting of the Commission, Council, any Panel, 
or the advisory committee established pursuant to section 4 of 
this Act, all powers and duties of a United States Commissioner 
in the absence of any Commissioner appointed pursuant to 
subsection (a) of this section for whatever reason. The number 
of such Alternate United States Commissioners that may be 
designated for any such meeting shall be limited to the number 
of United States Commissioners appointed pursuant to subsection 
(a) of this section who will not be present at such meeting.
    (c) The United States Commissioners or Alternate 
Commissioners, although officers of the United States while so 
serving, shall receive no compensation for their services as 
such Commissioners or Alternate Commissioners.
    (d) \9\ (1) The Secretary of States shall pay the necessary 
travel expenses of United States Commissioners, Alternate 
United States Commissioners, and authorized advisors in 
accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United 
States Code.
---------------------------------------------------------------------------
    \9\ Sec. 203 of the Fishery Conservation Amendments of 1990 (Public 
Law 101-627; 104 Stat. 4459) added subsec. (d).
---------------------------------------------------------------------------
    (2) The Secretary may reimburse the Secretary of State for 
amounts expended by the Secretary of State under this 
subsection.

                           advisory committee

    Sec. 4.\10\ (a) \11\ There is established an advisory 
committee which shall be composed of--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 971b.
    \11\ Sec. 304 of Public Law 104-43 (109 Stat. 384) added subsec. 
designation ``(a)'' and added subsec. (b).
---------------------------------------------------------------------------
          (1) not less than five nor more than twenty 
        individuals appointed by the United States 
        Commissioners who shall select such individuals from 
        the various groups concerned with the fisheries covered 
        by the Convention; and
          (2) the chairmen (or their designees) of the New 
        England, Mid-Atlantic, South Atlantic, Caribbean, and 
        Gulf Fishery Management Councils established under 
        section 302(a) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 
        1852(a)).\12\
---------------------------------------------------------------------------
    \12\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 4 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
Each member of the advisory committee appointed under paragraph 
(1) shall serve for a term of two years and shall be eligible 
for reappointment.\13\ Members of the advisory committee may 
attend all public meetings of the Commission, Council, or any 
Panel and any other meetings to which they are invited by the 
Commission, Council, or any Panel. The advisory committee shall 
be invited to attend all nonexecutive meetings of the United 
States Commissioners and at such meetings shall be given 
opportunity to examine and to be heard on all proposed programs 
of investigation, reports, recommendations, and regulations of 
the Commission. Members of the advisory committee shall receive 
no compensation for their services as such members. The 
Secretary and the Secretary of State may pay the necessary 
travel expenses of members of the advisory committee in 
accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United 
States Code.\14\
---------------------------------------------------------------------------
    \13\ Sec. 1(1)(C) of Public Law 96-339 (94 Stat. 1069) amended and 
restated sec. 4 to this point. This amendment added to the membership 
of the advisory committee the chairmen of the various Fishery 
Management Councils.
    \14\ Sec. 204 of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4460) amended and restated this 
sentence.
---------------------------------------------------------------------------
    (b) \11\ (1) A majority of the members of the advisory 
committee shall constitute a quorum, but one or more such 
members designated by the advisory committee may hold meetings 
to provide for public participation and to discuss measures 
relating to the United States implementation of Commission 
recommendations.
    (2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
    (3) The advisory committee shall meet at appropriate times 
and places at least twice a year, at the call of the Chairman 
or upon the request of the majority of its voting members, the 
United States Commissioners, the Secretary, or the Secretary of 
State. Meetings of the advisory committee, except when in 
executive session, shall be open to the public, and prior 
notice of meetings shall be made public in a timely fashion.
    (4)(A) The Secretary shall provide to the advisory 
committee in a timely manner such administrative and technical 
support services as are necessary for the effective functioning 
of the committee.
    (B) The Secretary and the Secretary of State shall furnish 
the advisory committee with relevant information concerning 
fisheries and international fishery agreements.
    (5) The advisory committee shall determine its 
organization, and prescribe its practices and procedures for 
carrying out its functions under this Act, the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.),\12\ and the Convention. The advisory committee shall 
publish and make available to the public a statement of its 
organization, practices, and procedures.
    (6) The advisory committee shall, to the maximum extent 
practicable, consist of an equitable balance among the various 
groups concerned with the fisheries covered by the Convention 
and shall not be subject to the Federal Advisory Committee Act 
(5 U.S.C. App.).

                         species working groups

    Sec. 4A.\15\ The United States Commissioners may establish 
species working groups for the purpose of providing advice and 
recommendations to the Commissioners and the advisory committee 
on matters relating to the conservation and management of any 
highly migratory species covered by the Convention. Any species 
working group shall consist of no more than seven members of 
the advisory committee and no more than four scientific or 
technical personnel, as considered necessary by the 
Commissioner.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 971b-1. Sec. 205 of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627; 104 Stat. 4460) added sec. 4A.
---------------------------------------------------------------------------

            secretary of state to act for the united states

    Sec. 5.\16\ (a) The Secretary of State is authorized to 
receive on behalf of the United States, reports, requests, and 
other communications of the Commission, and to act thereon 
directly or by reference to the appropriate authorities. The 
Secretary of State, with the concurrence of the Secretary and, 
for matters relating to enforcement, the Secretary of the 
department in which the Coast Guard is operating, is authorized 
to take appropriate action on behalf of the United States with 
regard to recommendations received from the Commission pursuant 
to article VIII of the Convention. The Secretary and, when 
appropriate, the Secretary of the department in which the Coast 
Guard is operating, shall inform the Secretary of State as to 
what action he considers appropriate within five months of the 
date of the notification of the recommendation from the 
Commission, and again within forty-five days of the additional 
sixty-day period provided by the Convention if any objection is 
presented by another contracting party to the Convention, or 
within thirty days of the date of the notification of an 
objection made within the additional sixty-day period, 
whichever date shall be the later. After any notification from 
the Commission that an objection of the United States is to be 
considered as having no effect, the Secretary shall inform the 
Secretary of State as to what action he considers appropriate 
within forty-five days of the sixty-day period provided by the 
Convention for reaffirming objections. The Secretary of State 
shall take steps under the Convention to insure that a 
recommendation pursuant to article VIII of the Convention does 
not become effective for the United States prior to its 
becoming effective for all contracting parties conducting 
fisheries affected by such recommendation on a meaningful scale 
in terms of their effect upon the success of the conservation 
program, unless he determines, with the concurrence of the 
Secretary, and, for matters relating to enforcement, the 
Secretary of the department in which the Coast Guard is 
operating, that the purposes of the Convention would be served 
by allowing a recommendation to take effect for the United 
States at some earlier time.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 971c.
---------------------------------------------------------------------------
    (b) The Secretary of State, in consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, is authorized to enter into 
agreements with any contracting party, pursuant to paragraph 3 
of article IX of the Convention, relating to cooperative 
enforcement of the provisions of the Convention, 
recommendations in force for the United States and such party 
or parties under the Convention, and regulations adopted by the 
United States and such contracting party or parties pursuant to 
recommendations of the Commission. Such agreements may 
authorize personnel of the United States to enforce measures 
under the Convention and under regulations of another party 
with respect to persons under that party's jurisdiction, and 
may authorize personnel of another party to enforce measures 
under the Convention and under United States regulations with 
respect to persons subject to the jurisdiction of the United 
States. Enforcement under such an agreement may not take place 
within the territorial seas or exclusive economic zone \17\ of 
the United States. Such agreements shall not subject persons or 
vessels under the jurisdiction of the United States to 
prosecution or assessment of penalties by any court or tribunal 
of a foreign country.
---------------------------------------------------------------------------
    \17\ Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out 
``fisheries zone'' throughout this Act, and inserted in lieu thereof 
``exclusive economic zone''.
    Subsequently, sec. 202(b)(1)(B) of Public Law 105-384 (112 Stat. 
3452) provided an identical amendment to subsec. (b) by striking out 
``fisheries zone'' and inserting in lieu thereof ``exclusive economic 
zone''.
---------------------------------------------------------------------------

                             administration

    Sec. 6.\18\ (a) The Secretary is authorized and directed to 
administer and enforce all of the provisions of the Convention, 
this Act, and regulations issued pursuant thereto, except to 
the extent otherwise provided for in this Act. In carrying out 
such functions the Secretary is authorized and directed to 
adopt such regulations as may be necessary to carry out the 
purposes and objectives of the Convention and this Act, and 
with the concurrence of the Secretary of State, he may 
cooperate with the duly authorized officials of the government 
of any party to the Convention. In addition, the secretary may 
utilize, with the concurrence of the Secretary of the 
department in which the Coast Guard is operating insofar as 
such utilization involves enforcement at sea, with or without 
reimbursement and by agreement with any other Federal 
department or agency, or with any agency of any State, the 
personnel, services, and facilities of that agency for 
enforcement purposes with respect to any vessel in the 
exclusive economic zone,\18\ or wherever found, with respect to 
any vessel documented under the laws of the United States, and 
any vessel numbered or otherwise licensed under the laws of any 
State. When so utilized, such personnel of the States of the 
United States are authorized to function as Federal law 
enforcement agents for these purposes, but they shall not be 
held and considered as employees of the United States for the 
purposes of any laws administered by the Director of the Civil 
Service Commission.\19\
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 971d. Sec. 634 of H.R. 5548, as enacted by sec. 
1(a)(2) of Public Law 106-553 (114 Stat. 2762), provided the following:
    ``Sec. 634. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce shall be 
available to issue or renew, for any fishing vessel, any general or 
harpoon category fishing permit for Atlantic bluefin tuna that would 
allow the vessel--
---------------------------------------------------------------------------

  ``(1) to use an aircraft to locate, or otherwise assist in fishing for, 
catching, or possessing Atlantic bluefin tuna; or

  ``(2) to fish for, catch, or possessing Atlantic bluefin tuna located by 
the use of an aircraft.''.
---------------------------------------------------------------------------

    \19\ In a transfer of functions pursuant to Reorganization Plan No. 
2 of 1978 (43 F.R. 36037; 92 Stat. 3783), effective January 1, 1979, as 
provided in Executive Order 12107 (44 F.R. 1055; December 28, 1978), 
``Director of the Office of Personnel Management'' has been substituted 
for ``Civil Service Commission'' in the U.S. Code.
---------------------------------------------------------------------------
    (b) Enforcement activities at sea under the provisions of 
this Act for fishing vessels subject to the jurisdiction of the 
United States shall be primarily the responsibility of the 
Secretary of the department in which the Coast Guard is 
operating, in cooperation with the Secretary and the United 
States Customs Service. The Secretary after consultation with 
the Secretary of the department in which the Coast Guard is 
operating, shall adopt such regulations as may be necessary to 
provide for procedures and methods of enforcement pursuant to 
article IX of the Convention.
    (c) \20\ (1)(A) \21\ Upon favorable action by the Secretary 
of State under section 5(a) of this act on any recommendation 
of the Commission made pursuant to article VIII of the 
Convention, the Secretary shall promulgate, pursuant to this 
subsection, such regulations as may be necessary and 
appropriate to carry out such recommendation.
---------------------------------------------------------------------------
    \20\ Sec. 305(1) of Public Law 104-43 (109 Stat. 385) amended sec. 
6(c) by inserting ``and other measures'' in the caption. Sec. 6(c) of 
this Act, however, does not have subsection captions, and so this 
amendment cannot be executed. In the U.S. Code at 16 U.S.C. 971d(c), 
the subsection caption is amended to read ``Regulations and other 
measures to carry out Commission recommendations''.
    \21\ Sec. 206(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) added subpara. designation (A), 
and added new subparas. (B) and (C).
---------------------------------------------------------------------------
    (B) \21\ Not later than June 30, 1991, the Secretary shall 
promulgate any additional regulations necessary to ensure that 
the United States is in full compliance with all 
recommendations made by the Commission that have been accepted 
by the United States and with other agreements under the 
Convention between the United States and any nation which is a 
party to the Convention.
    (C) \21\ Regulations promulgated under this paragraph 
shall, to the extent practicable, be consistent with fishery 
management plans prepared and implemented under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.).\22\
---------------------------------------------------------------------------
    \22\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 6 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
    (2) To promulgate regulations referred to in paragraph (1) 
of this subsection, the Secretary shall publish in the Federal 
Register a general notice of proposed rulemaking and shall 
afford interested persons an opportunity to participate in the 
rulemaking through (A) submission of written data, views, or 
arguments, and (B) oral presentation at a public hearing. Such 
regulations shall be published in the Federal Register and 
shall be accompanied by a statement of the considerations 
involved in the issuance of the regulations, and by a 
statement, based on inquiries and investigations, assessing the 
nature and effectiveness of the measures for the implementation 
of the Commission's recommendations which are being or will be 
carried out by countries whose vessels engage in fishing the 
species subject to such recommendations within the waters to 
which the Convention applies. After publication in the Federal 
Register, such regulations shall be applicable to all vessels 
and persons subject to the jurisdiction of the United States on 
such date as the Secretary shall prescribe. The Secretary shall 
suspend at any time the application of any such regulation 
when, after consultation with the Secretary of State and the 
United States Commissioners, he determines that fishing 
operations in the Convention area of a contracting party for 
whom the regulations are effective are such as to constitute a 
serious threat to the achievement of the Commission's 
recommendations.
    (3) The regulations required to be promulgated under 
paragraph (1) of this subsection may--
          (A) select for regulation one or more of the species 
        covered by the Convention;
          (B) divide the Convention waters into areas;
          (C) establish one or more open or closed seasons as 
        to each such area;
          (D) limit the size of the fish and quantity of the 
        catch which may be taken from each area within any 
        season during which fishing is allowed;
          (E) limit or prohibit the incidental catch of a 
        regulated species which may be retained, taken, 
        possessed, or landed by vessels of persons fishing for 
        other species of fish;
          (F) require records of operations to be kept by any 
        master or other person in charge of any fishing vessel;
          (G) require such clearance certificates for vessels 
        as may be necessary to carry out the purposes of the 
        Convention and this Act;
          (H) require proof satisfactory to the Secretary that 
        any fish subject to regulation pursuant to a 
        recommendation of the Commission offered for entry into 
        the United States has not been taken or retained 
        contrary to the recommendations of the Commission made 
        pursuant to article VIII of the Convention which have 
        been adopted as regulations pursuant to this section; 
        \23\
---------------------------------------------------------------------------
    \23\ Sec. 206(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) struck out ``; and'' and inserted 
in lieu thereof a semicolon at the end of subpara. (H); struck out 
subpara. (I) and inserted a new subpara. (I); and added new subparas. 
(J) and (K).
---------------------------------------------------------------------------
          (I) \23\ require any commercial or recreational 
        fisherman to obtain a permit from the Secretary and 
        report the quantity of the catch of a regulated 
        species;
          (J) \23\ require that observers be carried aboard 
        fishing vessels for the purpose of providing 
        statistically reliable scientific data; and
          (K) \23\ impose such other requirements and provide 
        for such other measures as the Secretary may determine 
        necessary to implement any recommendation of the 
        Convention or to obtain scientific data necessary to 
        accomplish the purpose of the Convention;
except that no regulation promulgated under this section may 
have the effect of increasing or decreasing any allocation or 
quota of fish or fishing mortality level \24\ to the United 
States agreed to pursuant to a recommendation of the 
Commission.
---------------------------------------------------------------------------
    \24\ Sec. 305(2) of Public Law 104-43 (109 Stat. 385) inserted ``or 
fishing mortality level''.
---------------------------------------------------------------------------
    (4) Upon the promulgation of regulations provided for in 
paragraph (3) of this subsection, the Secretary shall 
promulgate, with the concurrence of the Secretary of State and 
pursuant to the procedures prescribed in paragraph (2) of this 
subsection, additional regulations which shall become effective 
simultaneously with the application of the regulations provided 
for in paragraph (3) of this subsection, which prohibit--
          (A) the entry into the United States of fish in any 
        form of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area in such 
        manner or in such circumstances as would tend to 
        diminish the effectiveness of the conservation 
        recommendations of the Commission; and
          (B) the entry into the United States, from any 
        country when the vessels of such country are being used 
        in the conduct of fishing operations in the Convention 
        area in such manner or in such circumstances as would 
        tend to diminish the effectiveness of the conservation 
        recommendations of the Commission, of fish in any form 
        of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area.
    (5) In the case of repeated and flagrant fishing operations 
in the Convention area by the vessels of any country which 
seriously threaten the achievement of the objectives of the 
Commission's recommendations, the Secretary, with the 
concurrence of the Secretary of State, may by regulations 
promulgated pursuant to paragraph (2) of this subsection 
prohibit the entry in any form from such country of other 
species covered by the Convention as may be under investigation 
by the Commission and which were taken in the Convention area. 
Any such prohibition shall continue until the Secretary is 
satisfied that the condition warranting the prohibition no 
longer exists, except that all fish in any form of the species 
under regulation which were previously prohibited from entry 
shall continue to be prohibited from entry.
          (6) \25\ Identification and notification.--
---------------------------------------------------------------------------
    \25\ Sec. 305(3) of Public Law 104-43 (109 Stat. 385) added new 
paras. (6) and (7).
---------------------------------------------------------------------------
                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary of State, the Commissioners, and 
                the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under clause (i).\26\
---------------------------------------------------------------------------
    \26\ Sec. 202(b)(1)(C) of Public Law 105-384 (112 Stat. 3452) stuck 
out ``subparagraph (A)'', and inserted in lieu thereof ``clause (i)'', 
and designated the final sentence of subpara. (A) as subpara. (B).
---------------------------------------------------------------------------
                  (B) \26\ In identifying those Nations, the 
                Secretary shall consider, based on the best 
                available information, whether those Nations 
                have measures in place for reporting, 
                monitoring, and enforcement, and whether those 
                measures diminish the effectiveness of any 
                conservation recommendation.
          (7) \25\ Consultation.--Not later than 30 days after 
        a Nation is notified under paragraph (6), the President 
        may enter into consultations with the Government of 
        that Nation for the purpose of obtaining an agreement 
        that will--
                  (A) effect the immediate termination and 
                prevent the resumption of any fishing operation 
                by vessels of that Nation within the Convention 
                area which is conducted in a manner or under 
                circumstances that diminish the effectiveness 
                of the conservation recommendation;
                  (B) when practicable, require actions by that 
                Nation, or vessels of that Nation, to mitigate 
                the negative impacts of fishing operations on 
                the effectiveness of the conservation 
                recommendation involved, including but not 
                limited to, the imposition of subsequent-year 
                deductions for quota overages; and
                  (C) result in the establishment, if 
                necessary, by such Nation of reporting, 
                monitoring, and enforcement measures that are 
                adequate to ensure the effectiveness of 
                conservation recommendations.
    (d) \27\ (1) It is the sense of the Congress that the 
Secretary, in consultation with the Secretary of State, should 
seek support for a recommendation by the Commission to ban 
large-scale driftnet fishing (as that term is defined in 
section 3(16) of the Magnuson-Stevens Fishery Conservation and 
Management Act) \22\ in the Convention area.
---------------------------------------------------------------------------
    \27\ Sec. 207 of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) amended and restated subsec. (d).
---------------------------------------------------------------------------
    (2) The Secretary, in consultation with the Secretary of 
State, shall request the Commission to adopt recommendations 
necessary for the conservation and management of Atlantic 
swordfish. In making the request, the Secretary shall seek the 
establishment of an international minimum harvest size and a 
reduction in harvest levels to the extent necessary to conserve 
the stock. Until the Commission adopts all the conservation and 
management measures requested by the Secretary, the Secretary, 
within 3 months after each annual meeting of the Commission, 
shall notify Congress as to the nature and results of his 
request. These notifications shall identify those nations not 
acting to conserve and manage Atlantic swordfish, and recommend 
measures which could be taken to achieve effective 
international conservation and management of the stock.

     violations; fines and forfeitures; application of related laws

    Sec. 7.\28\ (a) It shall be unlawful--
---------------------------------------------------------------------------
    \28\ 16 U.S.C. 971e.
---------------------------------------------------------------------------
          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
    (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are required 
by regulations adopted pursuant to this Act to be made, kept, 
or furnished by such master or person.
    (c) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to refuse to permit any person authorized to 
enforce the provisions of this Act and any regulations adopted 
pursuant thereto, to board such vessel and inspect its catch, 
equipment, books, documents, records, or other articles or 
question the persons onboard in accordance with the provisions 
of this Act, or the Convention, as the case may be, or to 
obstruct such officials in the execution of such duties.
    (d) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 6 (c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6 (c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6 (c) or 
(d) of this Act.
    (e) \29\ The civil penalty and permit sanctions of section 
308 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1858) \30\ are hereby made applicable to 
violations of this section as if they were violations of 
section 307 of that Act.
---------------------------------------------------------------------------
    \29\ Sec. 306 of Public Law 104-43 (109 Stat. 385) amended and 
restated subsec. (e).
    \30\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' and inserted in lieu thereof 
``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
    (f) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.
    (g) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.

                              enforcement

    Sec. 8.\31\ (a) Any person authorized in accordance with 
the provisions of this Act to enforce a provision of this Act 
and the regulations issued thereunder may--
---------------------------------------------------------------------------
    \31\ 16 U.S.C. 971f.
---------------------------------------------------------------------------
          (1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch, if as a result of 
        such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          (2) arrest, with or without a warrant, any person who 
        violates the provisions of this Act or any regulation 
        issued thereunder in his presence or view;
          (3) execute any warrant or other process issued by an 
        officer or court of competent jurisdiction; and
          (4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.
    (b) To the extent authorized under the convention or by 
agreements between the United States and any contracting party 
concluded pursuant to section 5(b) of this Act for 
international enforcement, the duly authorized officials of 
such party shall have the authority to carry out the 
enforcement activities specified in section 8(a) of this Act 
with respect to persons or vessels subject to the jurisdiction 
of the United States, and the officials of the United States 
authorized pursuant to this section shall have the authority to 
carry out the enforcement activities specified in section 8(a) 
of this Act with respect to persons or vessels subject to the 
jurisdiction of such party, except that where any agreement 
provides for arrest or seizure of persons or vessels under 
United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed 
over to a United States enforcement officer or another 
authorized United States official.
    (c) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshall or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value at the time of 
seizure and the proceeds of such sale placed in the registry of 
the court pending judgment in the case.

cooperation: commission's functions not restrained by this act or state 
                                  laws

    Sec. 9.\32\ (a) The United States Commissioners, through 
the Secretary of State and with the concurrence of the agency, 
institution, or organization concerned, may arrange for the 
cooperation of agencies of the United States Government, and of 
State and private institutions and organizations in carrying 
out the provisions of article IV of the Convention.
---------------------------------------------------------------------------
    \32\ 16 U.S.C. 971g.
---------------------------------------------------------------------------
    (b) All agencies of the Federal Government are authorized, 
upon the request of the Commission, to cooperate in the conduct 
of scientific and other programs, and to furnish facilities and 
personnel for the purpose of assisting the Commission in 
carrying out its duties under the Convention.
    (c) None of the prohibitions deriving from this Act, or 
contained in the laws or regulations of any State, shall 
prevent the Commission from conducting or authorizing the 
conduct of fishing operations and biological experiments at any 
time for purposes of scientific investigation, or shall prevent 
the Commission from discharging any other duties prescribed by 
the Convention.
    (d)(1) Except as provided in paragraph (2) of this 
subsection, nothing in this Act shall be construed so as to 
diminish or to increase the jurisdiction of any State in the 
territorial sea of the United States.
    (2) In the event a State does not request a formal hearing 
and after notice by the Secretary, the regulations promulgated 
pursuant to this Act to implement recommendations of the 
Commission shall apply within the boundaries of any State 
bordering on any Convention area if the Secretary determines 
that any such State--
          (A) has not, within a reasonable period of time after 
        the promulgation of regulations pursuant to this Act, 
        enacted laws or promulgated regulations which implement 
        any such recommendation of the Commission within the 
        boundaries of such State; or
          (B) has enacted laws or promulgated regulations which 
        (i) are less restrictive than the regulations 
        promulgated pursuant to this Act, or (ii) are not 
        effectively enforced.
If a State requests the opportunity for an agency hearing on 
the record, the Secretary shall not apply regulations 
promulgated pursuant to this act within that State's boundaries 
unless the hearing record supports a determination under 
paragraph (A) or (B). Such regulations shall apply until the 
Secretary determines that the State is effectively enforcing 
within its boundaries measures which are not less restrictive 
than such regulations.
    (e) To insure that the purposes of subsection (d) are 
carried out, the Secretary shall undertake a continuing review 
of the laws and regulations of all States to which subsection 
(d) applies or may apply and the extent to which such laws and 
regulations are enforced.

                    authorization of appropriations

    Sec. 10.\33\ (a) In General.--There are authorized to be 
appropriated to carry out this Act, including use for payment 
of the United States share of the joint expenses of the 
Commission as provided in Article X of the Convention, the 
following sums:
---------------------------------------------------------------------------
    \33\ 16 U.S.C. 971h. Sec. 304 of the Fisheries Conservation Act of 
2002 (title III of Public Law 107-372; 116 Stat. 3096) amended and 
restated sec. 10. Previously, Public Law 95-33 (91 Stat. 173) extended 
the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-
339 (94 Stat. 1069) further extended the authorization of 
appropriations through fiscal year 1983. Sec. 101 of Public Law 98-44 
(97 Stat. 216) extended the authorization of appropriations through 
fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) 
extended the authorization through fiscal year 1989. Sec. 208 of the 
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 
4462) further amended and restated sec. 10, extending the authorization 
of appropriations through fiscal year 1993. Sec. 307 of the Atlantic 
Tunas Convention Authorization Act of 1995 (Public Law 104-43; 109 
Stat. 386) further amended and restated sec. 10, extending the 
authorization of appropriations through fiscal year 1998. Sec. 202(a) 
of Public Law 105-384 (112 Stat. 3452) further extended the 
authorization of appropriations through fiscal year 2001.
---------------------------------------------------------------------------
          (1) For each of fiscal years 2003 and 2004, 
        $5,480,000.
          (2) For each of fiscal years 2005 and 2006, 
        $5,495,000.
    (b) Allocation.--Of amounts available under this section 
for each fiscal year--
          (1) $150,000 are authorized for the advisory 
        committee established under section 4 and the species 
        working groups established under section 4A; and
          (2) $4,240,000 are authorized for research activities 
        under this Act and the Act of September 4, 1980 (16 
        U.S.C. 971i).

                             annual report

    Sec. 11.\34\ Not later than April 1, 1996, and annually 
thereafter, the Secretary shall prepare and transmit to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report, that--
---------------------------------------------------------------------------
    \34\ Sec. 308 of Public Law 104-43 (109 Stat. 386) added this 
second sec. 11, and a new sec. 12. Subsequently, sec. 202(b)(1)(E) of 
Public Law 105-384 (112 Stat. 3453) amended the style of the heading 
and designation for secs. 11 and 12 so as to conform to the style of 
the headings and designations of the other sections in the Act. Sec. 
202(b)(1)(D) of Public Law 105-384 (112 Stat. 3452) further 
redesignated the first sec. 11 as sec. 13.
---------------------------------------------------------------------------
          (1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin 
        and sharks) from Nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          (2) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          (3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          (4) describes actions taken by the Secretary under 
        section 6.

                             savings clause

    Sec. 12.\34\ Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any Nation under 
Article VIII(3) of the Convention.

                              separability

    Sec. 13.\35\ If any provision of this Act or the 
application of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.
---------------------------------------------------------------------------
    \35\ 16 U.S.C. 971 note. Sec. 202(b)(1)(D) of Public Law 105-384 
(112 Stat. 3452) redesignated the first sec. 11 as sec. 13.
                        4. Fisheries Act of 1995

 Partial text of Public Law 104-43 [H.R. 716], 109 Stat. 366, approved 
   November 3, 1995; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
approved September 30, 1996; Public Law 104-297 [Sustainable Fisheries 
Act; S. 39], 110 Stat. 3559, approved October 11, 1996; Public Law 105-
384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998; Public Law 
 106-562 [H.R. 1653], 114 Stat. 2794, approved December 23, 2000; and 
Public Law 107-372 [Hydrographic Services Improvement Act Amendments of 
      2002; H.R. 4883], 116 Stat. 3077, approved December 19, 2002

            AN ACT To amend the Fishermen's Protective Act.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Fisheries Act of 1995''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 5501 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS. * * *

                 TITLE I--HIGH SEAS FISHING COMPLIANCE

 SEC. 101.\1\ SHORT TITLE.

    This title may be cited as the ``High Seas Fishing 
Compliance Act of 1995''.

SEC. 102.\2\ PURPOSE.

    It is the purpose of this Act--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5501.
---------------------------------------------------------------------------
          (1) to implement the Agreement to Promote Compliance 
        with International Conservation and Management Measures 
        by Fishing Vessels on the High Seas, adopted by the 
        Conference of the Food and Agriculture Organization of 
        the United Nations on November 24, 1993; and
          (2) to establish a system of permitting, reporting, 
        and regulation for vessels of the United States fishing 
        on the high seas.

SEC. 103.\3\ DEFINITIONS.

    As used in this Act--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5502.
---------------------------------------------------------------------------
          (1) The term ``Agreement'' means the Agreement to 
        Promote Compliance with International Conservation and 
        Management Measures by Fishing Vessels on the High 
        Seas, adopted by the Conference of the Food and 
        Agriculture Organization of the United Nations on 
        November 24, 1993.
          (2) The term ``FAO'' means the Food and Agriculture 
        Organization of the United Nations.
          (3) The term ``high seas'' means the waters beyond 
        the territorial sea or exclusive economic zone (or the 
        equivalent) of any nation, to the extent that such 
        territorial sea or exclusive economic zone (or the 
        equivalent) is recognized by the United States.
          (4) The term ``high seas fishing vessel'' means any 
        vessel of the United States or subject to the 
        jurisdiction of the United States \4\ used or intended 
        for use--
---------------------------------------------------------------------------
    \4\ Sec. 305 of Public Law 106-562 (114 Stat. 2807) inserted ``or 
subject to the jurisdiction of the United States''.
---------------------------------------------------------------------------
                  (A) on the high seas;
                  (B) for the purpose of the commercial 
                exploitation of living marine resources; and
                  (C) as a harvesting vessel, as a mother ship, 
                or as any other support vessel directly engaged 
                in a fishing operation.
          (5) The term ``international conservation and 
        management measures'' means measures to conserve or 
        manage one or more species of living marine resources 
        that are adopted and applied in accordance with the 
        relevant rules of international law, as reflected in 
        the 1982 United Nations Convention on the Law of the 
        Sea, and that are recognized by the United States. Such 
        measures may be adopted by global, regional, or sub-
        regional fisheries organizations, subject to the rights 
        and obligations of their members, or by treaties or 
        other international agreements.
          (6) The term ``length'' means--
                  (A) for any high seas fishing vessel built 
                after July 18, 1982, 96 percent of the total 
                length on a waterline at 85 percent of the 
                least molded depth measured from the top of the 
                keel, or the length from the foreside of the 
                stem to the axis of the rudder stock on that 
                waterline, if that is greater, except that in 
                ships designed with a rake of keel the 
                waterline on which this length is measured 
                shall be parallel to the designed waterline; 
                and
                  (B) for any high seas fishing vessel built 
                before July 18, 1982, registered length as 
                entered on the vessel's documentation.
          (7) The term ``person'' means any individual (whether 
        or not a citizen or national of the United States), any 
        corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of 
        any State), and any Federal, State, local, or foreign 
        government or any entity of any such government.
          (8) The term ``Secretary'' means the Secretary of 
        Commerce.
          (9) The term ``vessel of the United States'' means--
                  (A) a vessel documented under chapter 121 of 
                title 46, United States Code, or numbered in 
                accordance with chapter 123 of title 46, United 
                States Code;
                  (B) a vessel owned in whole or part by--
                          (i) the United States or a territory, 
                        commonwealth, or possession of the 
                        United States;
                          (ii) a State or political subdivision 
                        thereof;
                          (iii) a citizen or national of the 
                        United States; or
                          (iv) a corporation created under the 
                        laws of the United States or any State, 
                        the District of Columbia, or any 
                        territory, commonwealth, or possession 
                        of the United States; unless the vessel 
                        has been granted the nationality of a 
                        foreign nation in accordance with 
                        article 92 of the 1982 United Nations 
                        Convention on the Law of the Sea and a 
                        claim of nationality or registry for 
                        the vessel is made by the master or 
                        individual in charge at the time of the 
                        enforcement action by an officer or 
                        employee of the United States 
                        authorized to enforce applicable 
                        provisions of the United States law; 
                        and
                  (C) a vessel that was once documented under 
                the laws of the United States and, in violation 
                of the laws of the United States, was either 
                sold to a person not a citizen of the United 
                States or placed under foreign registry or a 
                foreign flag, whether or not the vessel has 
                been granted the nationality of a foreign 
                nation.
          (10) The terms ``vessel subject to the jurisdiction 
        of the United States'' and ``vessel without 
        nationality'' have the same meaning as in section 3(c) 
        of the Maritime Drug Law Enforcement Act (46 U.S.C. 
        1903(c)).

SEC. 104.\5\ PERMITTING.

    (a) In General.--No high seas fishing vessel shall engage 
in harvesting operations on the high seas unless the vessel has 
on board a valid permit issued under this section.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 5503.
---------------------------------------------------------------------------
    (b) Eligibility.--
          (1) Any vessel of the United States is eligible to 
        receive a permit under this section, unless the vessel 
        was previously authorized to be used for fishing on the 
        high seas by a foreign nation, and
                  (A) the foreign nation suspended such 
                authorization because the vessel undermined the 
                effectiveness of international conservation and 
                management measures, and the suspension has not 
                expired; or
                  (B) the foreign nation, within the last three 
                years preceding application for a permit under 
                this section, withdrew such authorization 
                because the vessel undermined the effectiveness 
                of international conservation and management 
                measures.
          (2) The restriction in paragraph (1) does not apply 
        if ownership of the vessel has changed since the vessel 
        undermined the effectiveness of international 
        conservation and management measures, and the new owner 
        has provided sufficient evidence to the Secretary 
        demonstrating that the previous owner or operator has 
        no further legal, beneficial or financial interest in, 
        or control of, the vessel.
          (3) The restriction in paragraph (1) does not apply 
        if the Secretary makes a determination that issuing a 
        permit would not subvert the purposes of the Agreement.
          (4) The Secretary may not issue a permit to a vessel 
        unless the Secretary is satisfied that the United 
        States will be able to exercise effectively its 
        responsibilities under the Agreement with respect to 
        that vessel.
    (c) Application.--
          (1) The owner or operator of a high seas fishing 
        vessel may apply for a permit under this section by 
        completing an application form prescribed by the 
        Secretary.
          (2) The application form shall contain--
                  (A) the vessel's name, previous names (if 
                known), official numbers, and port of record;
                  (B) the vessel's previous flags (if any);
                  (C) the vessel's International Radio Call 
                Sign (if any);
                  (D) the names and addresses of the vessel's 
                owners and operators;
                  (E) where and when the vessel was built;
                  (F) the type of vessel;
                  (G) the vessel's length; and
                  (H) any other information the Secretary 
                requires for the purposes of implementing the 
                Agreement.
    (d) Conditions.--The Secretary shall establish such 
conditions and restrictions on each permit issued under this 
section as are necessary and appropriate to carry out the 
obligations of the United States under the Agreement, including 
but not limited to the following:
          (1) The vessel shall be marked in accordance with the 
        FAO Standard Specifications for the Marking and 
        Identification of Fishing Vessels, or with regulations 
        issued under section 305 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855); \6\ and
---------------------------------------------------------------------------
    \6\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (2) The permit holder shall report such information 
        as the Secretary by regulation requires, including area 
        of fishing operations and catch statistics. The 
        Secretary shall promulgate regulations concerning 
        conditions under which information submitted under this 
        paragraph may be released.
    (e) Fees.--
          (1) The Secretary shall by regulation establish the 
        level of fees to be charged for permits issued under 
        this section. The amount of any fee charged for a 
        permit issued under this section shall not exceed the 
        administrative costs incurred in issuing such permits. 
        The permitting fee may be in addition to any fee 
        required under any regional permitting regime 
        applicable to high seas fishing vessels.
          (2) The fees authorized by paragraph (1) shall be 
        collected and credited to the Operations, Research and 
        Facilities account of the National Oceanic and 
        Atmospheric Administration. Fees collected under this 
        subsection shall be available for the necessary 
        expenses of the National Oceanic and Atmospheric 
        Administration in implementing this Act, and shall 
        remain available until expended.
    (f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.

SEC. 105.\7\ RESPONSIBILITIES OF THE SECRETARY.

    (a) Record.--The Secretary shall maintain an automated file 
or record of high seas fishing vessels issued permits under 
section 104, including all information submitted under section 
104(c)(2).
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 5504.
---------------------------------------------------------------------------
    (b) Information to FAO.--The Secretary, in cooperation with 
the Secretary of State and the Secretary of the department in 
which the Coast Guard is operating, shall--
          (1) make available to FAO information contained in 
        the record maintained under subsection (a);
          (2) promptly notify FAO of changes in such 
        information;
          (3) promptly notify FAO of additions to or deletions 
        from the record, and the reason for any deletion;
          (4) convey to FAO information relating to any permit 
        granted under section 104(b)(3), including the vessel's 
        identity, owner or operator, and factors relevant to 
        the Secretary's determination to issue the permit;
          (5) report promptly to FAO all relevant information 
        regarding any activities of high seas fishing vessels 
        that undermine the effectiveness of international 
        conservation and management measures, including the 
        identity of the vessels and any sanctions imposed; and
          (6) provide the FAO a summary of evidence regarding 
        any activities of foreign vessels that undermine the 
        effectiveness of international conservation and 
        management measures.
    (c) Information to Flag Nations.--If the Secretary, in 
cooperation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, has 
reasonable grounds to believe that a foreign vessel has engaged 
in activities undermining the effectiveness of international 
conservation and management measures, the Secretary shall--
          (1) provide to the flag nation information, including 
        appropriate evidentiary material, relating to those 
        activities; and
          (2) when such foreign vessel is voluntarily in a 
        United States port, promptly notify the flag nation 
        and, if requested by the flag nation, make arrangements 
        to undertake such lawful investigatory measures as may 
        be considered necessary to establish whether the vessel 
        has been used contrary to the provisions of the 
        Agreement.
    (d) Regulations.--The Secretary, after consultation with 
the Secretary of State and the Secretary of the department in 
which the Coast Guard is operating, may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the purposes of 
the Agreement and this title. The Secretary shall coordinate 
such regulations with any other entities regulating high seas 
fishing vessels, in order to minimize duplication of permit 
application and reporting requirements. To the extent 
practicable, such regulations shall also be consistent with 
regulations implementing fishery management plans under the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.).\6\
    (e) Notice of International Conservation and Management 
Measures.--The Secretary, in consultation with the Secretary of 
State, shall publish in the Federal Register, from time to 
time, a notice listing international conservation and 
management measures recognized by the United States.

SEC. 106.\8\ UNLAWFUL ACTIVITIES.

    It is unlawful for any person subject to the jurisdiction 
of the United States--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 5505.
---------------------------------------------------------------------------
          (1) to use a high seas fishing vessel on the high 
        seas in contravention of international conservation and 
        management measures described in section 105(e);
          (2) to use a high seas fishing vessel on the high 
        seas, unless the vessel has on board a valid permit 
        issued under section 104;
          (3) to use a high seas fishing vessel in violation of 
        the conditions or restrictions of a permit issued under 
        section 104;
          (4) to falsify any information required to be 
        reported, communicated, or recorded pursuant to this 
        title or any regulation issued under this title, or to 
        fail to submit in a timely fashion any required 
        information, or to fail to report to the Secretary 
        immediately any change in circumstances that has the 
        effect of rendering any such information false, 
        incomplete, or misleading;
          (5) to refuse to permit an authorized officer to 
        board a high seas fishing vessel subject to such 
        person's control for purposes of conducting any search 
        or inspection in connection with the enforcement of 
        this title or any regulation issued under this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with an authorized officer in 
        the conduct of any search or inspection described in 
        paragraph (5);
          (7) to resist a lawful arrest or detention for any 
        act prohibited by this section;
          (8) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section;
          (9) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any living marine resource taken or 
        retained in violation of this title or any regulation 
        or permit issued under this title; or
          (10) to violate any provision of this title or any 
        regulation or permit issued under this title.

SEC. 107.\9\ ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries.--This title shall be enforced by 
the Secretary of Commerce and the Secretary of the department 
in which the Coast Guard is operating. Such Secretaries may by 
agreement utilize, on a reimbursable basis or otherwise, the 
personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency, or of any 
State agency, in the performance of such duties. Such 
Secretaries shall, and the head of any Federal or State agency 
that has entered into an agreement with either such Secretary 
under this section may (if the agreement so provides), 
authorize officers to enforce the provisions of this title or 
any regulation or permit issued under this title.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5506.
---------------------------------------------------------------------------
    (b) District Court Jurisdiction.--The district courts of 
the United States shall have exclusive jurisdiction over any 
case or controversy arising under the provisions of this title. 
In the case of Guam, and any Commonwealth, territory, or 
possession of the United States in the Pacific Ocean, the 
appropriate court is the United States District Court for the 
District of Guam, except that in the case of American Samoa, 
the appropriate court is the United States District Court for 
the District of Hawaii.
    (c) Powers of Enforcement Officers.--
          (1) Any officer who is authorized under subsection 
        (a) to enforce the provisions of this title may--
                  (A) with or without a warrant or other 
                process--
                          (i) arrest any person, if the officer 
                        has reasonable cause to believe that 
                        such person has committed an act 
                        prohibited by paragraph (6), (7), (8), 
                        or (9) of section 106;
                          (ii) board, and search or inspect, 
                        any high seas fishing vessel;
                          (iii) seize any high seas fishing 
                        vessel (together with its fishing gear, 
                        furniture, appurtenances, stores, and 
                        cargo) used or employed in, or with 
                        respect to which it reasonably appears 
                        that such vessel was used or employed 
                        in, the violation of any provision of 
                        this title or any regulation or permit 
                        issued under this title;
                          (iv) seize any living marine resource 
                        (wherever found) taken or retained, in 
                        any manner, in connection with or as a 
                        result of the commission of any act 
                        prohibited by section 106;
                          (v) seize any other evidence related 
                        to any violation of any provision of 
                        this title or any regulation or permit 
                        issued under this title;
                  (B) execute any warrant or other process 
                issued by any court of competent jurisdiction; 
                and
                  (C) exercise any other lawful authority.
          (2) Subject to the direction of the Secretary, a 
        person charged with law enforcement responsibilities by 
        the Secretary who is performing a duty related to 
        enforcement of a law regarding fisheries or other 
        marine resources may make an arrest without a warrant 
        for an offense against the United States committed in 
        his presence, or for a felony cognizable under the laws 
        of the United States, if he has reasonable grounds to 
        believe that the person to be arrested has committed or 
        is committing a felony.
    (d) Issuance of Citations.--If any authorized officer finds 
that a high seas fishing vessel is operating or has been 
operated in violation of any provision of this title, such 
officer may issue a citation to the owner or operator of such 
vessel in lieu of proceeding under subsection (c). If a permit 
has been issued pursuant to this title for such vessel, such 
officer shall note the issuance of any citation under this 
subsection, including the date thereof and the reason therefor, 
on the permit. The Secretary shall maintain a record of all 
citations issued pursuant to this subsection.
    (e) Liability for Costs.--Any person assessed a civil 
penalty for, or convicted of, any violation of this Act shall 
be liable for the cost incurred in storage, care, and 
maintenance of any living marine resource or other property 
seized in connection with the violation.

SEC. 108.\10\ CIVIL PENALTIES AND PERMIT SANCTIONS.

    (a) Civil Penalties.--
          (1) Any person who is found by the Secretary, after 
        notice and opportunity for a hearing in accordance with 
        section 554 of title 5, United States Code, to have 
        committed an act prohibited by section 106 shall be 
        liable to the United States for a civil penalty. The 
        amount of the civil penalty shall not exceed $100,000 
        for each violation. Each day of a continuing violation 
        shall constitute a separate offense. The amount of such 
        civil penalty shall be assessed by the Secretary by 
        written notice. In determining the amount of such 
        penalty, the Secretary shall take into account the 
        nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the 
        violation, the degree of culpability, any history of 
        prior offenses, and such other matters as justice may 
        require.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 5507.
---------------------------------------------------------------------------
          (2) The Secretary may compromise, modify, or remit, 
        with or without conditions, any civil penalty that is 
        subject to imposition or that has been imposed under 
        this section.
    (b) Permit Sanctions.--
          (1) In any case in which--
                  (A) a vessel of the United States has been 
                used in the commission of an act prohibited 
                under section 106;
                  (B) the owner or operator of a vessel or any 
                other person who has been issued or has applied 
                for a permit under section 104 has acted in 
                violation of section 106; or
                  (C) any amount in settlement of a civil 
                forfeiture imposed on a high seas fishing 
                vessel or other property, or any civil penalty 
                or criminal fine imposed on a high seas fishing 
                vessel or on an owner or operator of such a 
                vessel or on any other person who has been 
                issued or has applied for a permit under any 
                fishery resource statute enforced by the 
                Secretary, has not been paid and is overdue, 
                the Secretary may--
                          (i) revoke any permit issued to or 
                        applied for by such vessel or person 
                        under this title, with or without 
                        prejudice to the issuance of subsequent 
                        permits;
                          (ii) suspend such permit for a period 
                        of time considered by the Secretary to 
                        be appropriate;
                          (iii) deny such permit; or
                          (iv) impose additional conditions and 
                        restrictions on such permit.
          (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                  (A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the 
                sanction is imposed; and
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior offenses, 
                and such other matters as justice may require.
          (3) Transfer of ownership of a high seas fishing 
        vessel, by sale or otherwise, shall not extinguish any 
        permit sanction that is in effect or is pending at the 
        time of transfer of ownership. Before executing the 
        transfer of ownership of a vessel, by sale or 
        otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit 
        sanction that will be in effect or pending with respect 
        to the vessel at the time of the transfer. The 
        Secretary may waive or compromise a sanction in the 
        case of a transfer pursuant to court order.
          (4) In the case of any permit that is suspended under 
        this subsection for nonpayment of a civil penalty or 
        criminal fine, the Secretary shall reinstate the permit 
        upon payment of the penalty or fine and interest 
        thereon at the prevailing rate.
          (5) No sanctions shall be imposed under this 
        subsection unless there has been prior opportunity for 
        a hearing on the facts underlying the violation for 
        which the sanction is imposed, either in conjunction 
        with a civil penalty proceeding under this section or 
        otherwise.
    (c) Hearing.--For the purposes of conducting any hearing 
under this section, the Secretary may issue subpoenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this subsection, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Secretary 
or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be 
punished by such court as a contempt thereof.
    (d) Judicial Review.--Any person against whom a civil 
penalty is assessed under subsection (a) or against whose 
vessel a permit sanction is imposed under subsection (b) (other 
than a permit suspension for nonpayment of penalty or fine) may 
obtain review thereof in the United States district court for 
the appropriate district by filing a complaint against the 
Secretary in such court within 30 days from the date of such 
penalty or sanction. The Secretary shall promptly file in such 
court a certified copy of the record upon which such penalty or 
sanction was imposed, as provided in section 2112 of title 28, 
United States Code. The findings and order of the Secretary 
shall be set aside by such court if they are not found to be 
supported by substantial evidence, as provided in section 
706(2) of title 5, United States Code.
    (e) Collection.--
          (1) If any person fails to pay an assessment of a 
        civil penalty after it has become a final and 
        unappealable order, or after the appropriate court has 
        entered final judgment in favor of the Secretary, the 
        matter shall be referred to the Attorney General, who 
        shall recover the amount assessed in any appropriate 
        district court of the United States. In such action the 
        validity and appropriateness of the final order 
        imposing the civil penalty shall not be subject to 
        review.
          (2) A high seas fishing vessel (including its fishing 
        gear, furniture, appurtenances, stores, and cargo) used 
        in the commission of an act prohibited by section 106 
        shall be liable in rem for any civil penalty assessed 
        for such violation under subsection (a) and may be 
        proceeded against in any district court of the United 
        States having jurisdiction thereof. Such penalty shall 
        constitute a maritime lien on such vessel that may be 
        recovered in an action in rem in the district court of 
        the United States having jurisdiction over the vessel.

SEC. 109.\11\ CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if the 
person commits any act prohibited by paragraph (6), (7), (8), 
or (9) of section 106.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 5508.
---------------------------------------------------------------------------
    (b) Punishment.--Any offense described in subsection (a) is 
a class A misdemeanor punishable by a fine under title 18, 
United States Code, or imprisonment for not more than one year, 
or both; except that if in the commission of any offense the 
person uses a dangerous weapon, engages in conduct that causes 
bodily injury to any authorized officer, or places any such 
officer in fear of imminent bodily injury, the offense is a 
felony punishable by a fine under title 18, United States Code, 
or imprisonment for not more than 10 years, or both.

SEC. 110.\12\ FORFEITURES.

    (a) In General.--Any high seas fishing vessel (including 
its fishing gear, furniture, appurtenances, stores, and cargo) 
used, and any living marine resources (or the fair market value 
thereof) taken or retained, in any manner, in connection with 
or as a result of the commission of any act prohibited by 
section 106 (other than an act for which the issuance of a 
citation under section 107 is a sufficient sanction) shall be 
subject to forfeiture to the United States. All or part of such 
vessel may, and all such living marine resources (or the fair 
market value thereof) shall, be forfeited to the United States 
pursuant to a civil proceeding under this section.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 5509.
---------------------------------------------------------------------------
    (b) Jurisdiction of District Courts.--Any district court of 
the United States shall have jurisdiction, upon application of 
the Attorney General on behalf of the United States, to order 
any forfeiture authorized under subsection (a) and any action 
provided for under subsection (d).
    (c) Judgment.--If a judgment is entered for the United 
States in a civil forfeiture proceeding under this section, the 
Attorney General may seize any property or other interest 
declared forfeited to the United States, which has not 
previously been seized pursuant to this title or for which 
security has not previously been obtained. The provisions of 
the customs laws relating to--
          (1) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          (2) the disposition of such property or the proceeds 
        from the sale thereof; and
          (3) the remission or mitigation of any such 
        forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this title, unless 
such provisions are inconsistent with the purposes, policy, and 
provisions of this title.
    (d) Procedure.--
          (1) Any officer authorized to serve any process in 
        rem that is issued by a court under section 107(b) 
        shall--
                  (A) stay the execution of such process; or
                  (B) discharge any living marine resources 
                seized pursuant to such process;
        upon receipt of a satisfactory bond or other security 
        from any person claiming such property. Such bond or 
        other security shall be conditioned upon such person 
        delivering such property to the appropriate court upon 
        order thereof, without any impairment of its value, or 
        paying the monetary value of such property pursuant to 
        an order of such court. Judgment shall be recoverable 
        on such bond or other security against both the 
        principal and any sureties in the event that any 
        condition thereof is breached, as determined by such 
        court.
          (2) Any living marine resources seized pursuant to 
        this title may be sold, subject to the approval of the 
        appropriate court, for not less than the fair market 
        value thereof. The proceeds of any such sale shall be 
        deposited with such court pending the disposition of 
        the matter involved.
    (e) Rebuttable Presumption.--For purposes of this section, 
all living marine resources found on board a high seas fishing 
vessel and which are seized in connection with an act 
prohibited by section 106 are presumed to have been taken or 
retained in violation of this title, but the presumption can be 
rebutted by an appropriate showing of evidence to the contrary.

SEC. 111.\13\ EFFECTIVE DATE.

    This title shall take effect 120 days after the date of 
enactment of this Act.
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 5501 note.
---------------------------------------------------------------------------

     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201.\14\ SHORT TITLE.

    This title may be cited as the ``Northwest Atlantic 
Fisheries Convention Act of 1995''.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 5601 note.
---------------------------------------------------------------------------

SEC. 202.\15\ REPRESENTATION OF UNITED STATES UNDER CONVENTION.

    (a) Commissioners.--
          (1) Appointments, generally.--The Secretary shall 
        appoint not more than 3 individuals to serve as the 
        representatives of the United States on the General 
        Council and the Fisheries Commission, who shall each--
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 5601.
---------------------------------------------------------------------------
                  (A) be known as a ``United States 
                Commissioner to the Northwest Atlantic 
                Fisheries Organization''; and
                  (B) serve at the pleasure of the Secretary.
          (2) Requirements for appointments.--
                  (A) The Secretary shall ensure that of the 
                individuals serving as Commissioners--
                          (i) at least 1 is appointed from 
                        among representatives of the commercial 
                        fishing industry;
                          (ii) 1 (but no more than 1) is an 
                        official of the Government; and
                          (iii) 1, other than the individual 
                        appointed under clause (ii), is a 
                        voting member of the New England 
                        Fishery Management Council.
                  (B) The Secretary may not appoint as a 
                Commissioner an individual unless the 
                individual is knowledgeable and experienced 
                concerning the fishery resources to which the 
                Convention applies.
          (3) Terms.--
                  (A) The term of an individual appointed as a 
                Commissioner--
                          (i) shall be specified by the 
                        Secretary at the time of appointment; 
                        and
                          (ii) may not exceed 4 years.
                  (B) An individual who is not a Government 
                official may not serve more than 2 consecutive 
                terms as a Commissioner.
    (b) Alternate Commissioners.--
          (1) Appointment.--The Secretary may, for any 
        anticipated absence of a duly appointed Commissioner at 
        a meeting of the General Council or the Fisheries 
        Commission, designate an individual to serve as an 
        Alternate Commissioner.
          (2) Functions.--An Alternate Commissioner may 
        exercise all powers and perform all duties of the 
        Commissioner for whom the Alternate Commissioner is 
        designated, at any meeting of the General Council or 
        the Fisheries Commission for which the Alternate 
        Commissioner is designated.
    (c) Representatives.--
          (1) Appointment.--The Secretary shall appoint not 
        more than 3 individuals to serve as the representatives 
        of the United States on the Scientific Council, who 
        shall each be known as a ``United States Representative 
        to the Northwest Atlantic Fisheries Organization 
        Scientific Council''.
          (2) Eligibility for appointment.--
                  (A) The Secretary may not appoint an 
                individual as a Representative unless the 
                individual is knowledgeable and experienced 
                concerning the scientific issues dealt with by 
                the Scientific Council.
                  (B) The Secretary shall appoint as a 
                Representative at least 1 individual who is an 
                official of the Government.
          (3) Term.--An individual appointed as a 
        Representative--
                  (A) shall serve for a term of not to exceed 4 
                years, as specified by the Secretary at the 
                time of appointment;
                  (B) may be reappointed; and
                  (C) shall serve at the pleasure of the 
                Secretary.
    (d) Alternate Representatives.--
          (1) Appointment.--The Secretary may, for any 
        anticipated absence of a duly appointed Representative 
        at a meeting of the Scientific Council, designate an 
        individual to serve as an Alternate Representative.
          (2) Functions.--An Alternate Representative may 
        exercise all powers and perform all duties of the 
        Representative for whom the Alternate Representative is 
        designated, at any meeting of the Scientific Council 
        for which the Alternate Representative is designated.
    (e) Experts and Advisers.--The Commissioners, Alternate 
Commissioners, Representatives, and Alternate Representatives 
may be accompanied at meetings of the Organization by experts 
and advisers.
    (f) Coordination and Consultation.--
          (1) In general.--In carrying out their functions 
        under the Convention, Commissioners, Alternate 
        Commissioners, Representatives, and Alternate 
        Representatives shall--
                  (A) coordinate with the appropriate Regional 
                Fishery Management Councils established by 
                section 302 of the Magnuson-Stevens Act (16 
                U.S.C. 1852); \16\ and
---------------------------------------------------------------------------
    \16\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
                  (B) consult with the committee established 
                under section 208.
          (2) Relationship to other law.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to 
        coordination and consultations under this subsection.

SEC. 203.\17\ REQUESTS FOR SCIENTIFIC ADVICE.

    (a) Restriction.--The Representatives may not make a 
request or specification described in subsection (b) (1) or 
(2), respectively, unless the Representatives have first--
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 5602.
---------------------------------------------------------------------------
          (1) consulted with the appropriate Regional Fishery 
        Management Councils; and
          (2) received the consent of the Commissioners for 
        that action.
    (b) Requests and Terms of Reference Described.--The 
requests and specifications referred to in subsection (a) are, 
respectively--
          (1) any request, under Article VII(1) of the 
        Convention, that the Scientific Council consider and 
        report on a question pertaining to the scientific basis 
        for the management and conservation of fishery 
        resources in waters under the jurisdiction of the 
        United States within the Convention Area; and
          (2) any specification, under Article VIII(2) of the 
        Convention, of the terms of reference for the 
        consideration of a question referred to the Scientific 
        Council pursuant to Article VII(1) of the Convention.

SEC. 204.\18\ AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                    CONVENTION.

    The Secretary of State may, on behalf of the Government of 
the United States--
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 5603.
---------------------------------------------------------------------------
          (1) receive and transmit reports, requests, 
        recommendations, proposals, and other communications of 
        and to the Organization and its subsidiary organs;
          (2) object, or withdraw an objection, to the proposal 
        of the Fisheries Commission;
          (3) give or withdraw notice of intent not to be bound 
        by a measure of the Fisheries Commission;
          (4) object or withdraw an objection to an amendment 
        to the Convention; and
          (5) act upon, or refer to any other appropriate 
        authority, any other communication referred to in 
        paragraph (1).

SEC. 205.\19\ INTERAGENCY COOPERATION.

    (a) Authorities of Secretary.--In carrying out the 
provisions of the Convention and this title, the Secretary may 
arrange for cooperation with other agencies of the United 
States, the States, the New England and the Mid-Atlantic 
Fishery Management Councils, and private institutions and 
organizations.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 5604.
---------------------------------------------------------------------------
    (b) Other Agencies.--The head of any Federal agency may--
          (1) cooperate in the conduct of scientific and other 
        programs, and furnish facilities and personnel, for the 
        purposes of assisting the Organization in carrying out 
        its duties under the Convention; and
          (2) accept reimbursement from the Organization for 
        providing such services, facilities, and personnel.

SEC. 206.\20\ RULEMAKING.

    The Secretary shall promulgate regulations as may be 
necessary to carry out the purposes and objectives of the 
Convention and this title. Any such regulation may be made 
applicable, as necessary, to all persons and all vessels 
subject to the jurisdiction of the United States, wherever 
located.
---------------------------------------------------------------------------
    \20\ 16 U.S.C. 5605.
---------------------------------------------------------------------------

SEC. 207.\21\ PROHIBITED ACTS AND PENALTIES.

    (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 5606.
---------------------------------------------------------------------------
          (1) to violate any regulation issued under this title 
        or any measure that is legally binding on the United 
        States under the Convention;
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        search or inspection in connection with the enforcement 
        of this title, any regulation issued under this title, 
        or any measure that is legally binding on the United 
        States under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any search or 
        inspection described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this section; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that the other person has committed an act 
        prohibited by this section.
    (b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United 
States for a civil penalty, or may be subject to a permit 
sanction, under section 308 of the Magnuson-Stevens Act (16 
U.S.C. 1858).\16\
    (c) Criminal Penalty.--Any person who commits an act that 
is unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) shall be guilty of an offense punishable under section 
309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).\16\
    (d) Civil Forfeitures.--
          (1) In general.--Any vessel (including its gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act that is unlawful under 
        subsection (a), and any fish (or the fair market value 
        thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any 
        act that is unlawful under subsection (a), shall be 
        subject to seizure and forfeiture as provided in 
        section 310 of the Magnuson-Stevens Act (16 U.S.C. 
        1860).\16\
          (2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
    (e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section \22\ 311 (a), (b)(1), and (c) of the 
Magnuson-Stevens Act (16 U.S.C. 1861 (a), (b)(1), and (c)) \16\ 
for that purpose.
---------------------------------------------------------------------------
    \22\ Sec. 201(b)(1) of Public Law 105-384 (112 Stat. 3451) struck 
out ``sections'' and inserted in lieu thereof ``section''.
---------------------------------------------------------------------------
    (f) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under this section and may, at any 
time--
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interests 
        of justice.

SEC. 208.\23\ CONSULTATIVE COMMITTEE.

    (a) Establishment.--The Secretary of State and the 
Secretary, shall jointly establish a consultative committee to 
advise the Secretaries on issues related to the Convention.
---------------------------------------------------------------------------
    \23\ 16 U.S.C. 5607.
---------------------------------------------------------------------------
    (b) Membership.--
          (1) The membership of the Committee shall include 
        representatives from the New England and Mid-Atlantic 
        Fishery Management Councils, the States represented on 
        those Councils, the Atlantic States Marine Fisheries 
        Commission, the fishing industry, the seafood 
        processing industry, and others knowledgeable and 
        experienced in the conservation and management of 
        fisheries in the Northwest Atlantic Ocean.
          (2) Terms and reappointment.--Each member of the 
        consultative committee shall serve for a term of two 
        years and shall be eligible for reappointment.
    (c) Duties of the Committee.--Members of the consultative 
committee may attend--
          (1) all public meetings of the General Council or the 
        Fisheries Commission;
          (2) any other meetings to which they are invited by 
        the General Council or the Fisheries Commission; and
          (3) all nonexecutive meetings of the United States 
        Commissioners.
    (d) Relationship to Other Law.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
consultative committee established under this section.

SEC. 209.\24\ ADMINISTRATIVE MATTERS.

    (a) Prohibition on Compensation.--A person shall not 
receive any compensation from the Government by reason of any 
service of the person as--
---------------------------------------------------------------------------
    \24\ 16 U.S.C. 5608.
---------------------------------------------------------------------------
          (1) a Commissioner, Alternate Commissioner, 
        Representative, or Alternative Representative;
          (2) an expert or adviser authorized under section 
        202(e); or
          (3) a member of the consultative committee 
        established by section 208.
    (b) Travel and Expenses.--The Secretary of State shall, 
subject to the availability of appropriations, pay all 
necessary travel and other expenses of persons described in 
subsection (a)(1) and of not more than six experts and advisers 
authorized under section 202(e) with respect to their actual 
performance of their official duties pursuant to this title, in 
accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United 
States Code.
    (c) Status as Federal Employees.--A person shall not be 
considered to be a Federal employee by reason of any service of 
the person in a capacity described in subsection (a), except 
for purposes of injury compensation and tort claims liability 
under chapter 81 of title 5, United States Code, and chapter 
171 \25\ of title 28, United States Code, respectively.
---------------------------------------------------------------------------
    \25\ Sec. 201(b)(2) of Public Law 105-384 (112 Stat. 3451) struck 
out ``chapter 17'' and inserted in lieu thereof ``chapter 171''.
---------------------------------------------------------------------------

SEC. 210.\26\ DEFINITIONS.

    In this title the following definitions apply:
---------------------------------------------------------------------------
    \26\ 16 U.S.C. 5609.
---------------------------------------------------------------------------
          (1) Authorized enforcement officer.--The term 
        ``authorized enforcement officer'' means a person 
        authorized to enforce this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention.
          (2) Commissioner.--The term ``Commissioner'' means a 
        United States Commissioner to the Northwest Atlantic 
        Fisheries Organization appointed under section 202(a).
          (3) Convention.--The term ``Convention'' means the 
        Convention on Future Multilateral Cooperation in the 
        Northwest Atlantic Fisheries, done at Ottawa on October 
        24, 1978.
          (4) Fisheries commission.--The term ``Fisheries 
        Commission'' means the Fisheries Commission provided 
        for by Articles II, XI, XII, XIII, and XIV of the 
        Convention.
          (5) General council.--The term ``General Council'' 
        means the General Council provided for by Article II, 
        III, IV, and V of the Convention.
          (6) Magnuson-stevens act.--The term ``Magnuson-
        Stevens Act'' means the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).\27\
---------------------------------------------------------------------------
    \27\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 201(b)(3) of Public Law 105-384 (112 Stat. 3451) 
effectively made the same amendment by striking out ``the Magnuson 
Fishery'' and inserting in lieu thereof ``the Magnuson-Stevens 
Fishery''.
---------------------------------------------------------------------------
          (7) Organization.--The term ``Organization'' means 
        the Northwest Atlantic Fisheries Organization provided 
        for by Article II of the Convention.
          (8) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), and any corporation, partnership, association, 
        or other entity (whether or not organized or existing 
        under the laws of any State).
          (9) Representative.--The term ``Representative'' 
        means a United States Representative to the Northwest 
        Atlantic Fisheries Scientific Council appointed under 
        section 202(c).
          (10) Scientific council.--The term ``Scientific 
        Council'' means the Scientific Council provided for by 
        Articles II, VI, VII, VIII, IX, and X of the 
        Convention.
          (11) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.

SEC. 211.\28\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title, including use for payment as the United States 
contribution to the Organization as provided in Article XVI of 
the Convention, $500,000 for each fiscal year through fiscal 
year 2006.\29\
---------------------------------------------------------------------------
    \28\ 16 U.S.C. 5610.
    \29\ Sec. 201(a) of Public Law 105-384 (112 Stat. 3451) struck out 
the authorization of appropriations for fiscal years 1995 through 1998 
and inserted in lieu thereof the authorization of appropriations 
through fiscal year 2001.
    Subsequently, sec. 305 of the Fisheries Conservation Act of 2002 
(title III of Public Law 107-372; 116 Stat. 3096) struck out ``2001'' 
and inserted in lieu thereof ``2006''.
---------------------------------------------------------------------------

SEC. 212.\30\ ANNUAL REPORT.

    The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, 
the Scientific Council, and the consultative committee 
established under section 208.
---------------------------------------------------------------------------
    \30\ 16 U.S.C. 5611. Sec. 201(c) of Public Law 105-384 (112 Stat. 
3452) added sec. 212.
---------------------------------------------------------------------------

SEC. 213.\31\ QUOTA ALLOCATION PRACTICE.

    (a) In General.--The Secretary of Commerce, acting through 
the Secretary of State, shall promptly seek to establish a new 
practice for allocating quotas under the Convention that--
---------------------------------------------------------------------------
    \31\ 16 U.S.C. 5612. Sec. 201(d) of Public Law 105-384 (112 Stat. 
3452) added sec. 213.
---------------------------------------------------------------------------
          (1) is predictable and transparent;
          (2) provides fishing opportunities for all members of 
        the Organization; and
          (3) is consistent with the Straddling Fish Stocks 
        Agreement.
    (b) Report.--The Secretary of Commerce shall include in 
annual reports under section 212--
          (1) a description of the results of negotiations held 
        pursuant to subsection (a);
          (2) an identification of barriers to achieving such a 
        new allocation practice; and
          (3) recommendations for any further legislation that 
        is necessary to achieve such a new practice.
    (c) Definition.--In this section the term ``Straddling Fish 
Stocks Agreement'' means the United Nations Agreement for the 
Implementation of the Provisions of the United Nations 
Convention on the Law of the Sea of 10 December 1982 Relating 
to the Conservation and Management of Straddling Fish Stocks 
and Highly Migratory Fish Stocks.

                TITLE III--ATLANTIC TUNAS CONVENTION ACT

SEC. 301.\32\ SHORT TITLE.

    This title may be cited as the ``Atlantic Tunas Convention 
Authorization Act of 1995''.
---------------------------------------------------------------------------
    \32\ 16 U.S.C. 971 note.
---------------------------------------------------------------------------

SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

    (a) Report to Congress.--The Secretary of Commerce shall, 
within 90 days after the date of enactment of this Act, submit 
a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of 
the House of Representatives--
          (1) identifying current governmental and 
        nongovernmental research and monitoring activities on 
        Atlantic bluefin tuna and other highly migratory 
        species;
          (2) describing the personnel and budgetary resources 
        allocated to such activities; and
          (3) explaining how each activity contributes to the 
        conservation and management of Atlantic bluefin tuna 
        and other highly migratory species.
    (b) \33\ Research and Monitoring Program.--Section 3 of the 
Act of September 4, 1980 (16 U.S.C. 971i) is amended-- * * *
---------------------------------------------------------------------------
    \33\ The Act of September 4, 1980--Atlantic Tunas Convention Act of 
1975, Appropriation Authorization--may be found at page 194.
---------------------------------------------------------------------------
          * * * * * * * \34\
---------------------------------------------------------------------------
    \34\ Secs. 303 through 308 of this Act amended the Atlantic Tunas 
Convention Act of 1975.
---------------------------------------------------------------------------

SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

    (a) Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Commerce in accordance with this 
section shall publish a preliminary determination of the level 
of the United States recreational and commercial catch of 
Atlantic yellowfin tuna on an annual basis since 1980. The 
Secretary shall publish a preliminary determination in the 
Federal Register for comment for a period not to exceed 60 
days. The Secretary shall publish a final determination not 
later than 140 days from the date of the enactment of this 
section.
    (b) Not later than July 1, 1997,\35\ the Secretary of 
Commerce shall implement the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
regarding yellowfin tuna made pursuant to Article VIII of the 
International Convention for the Conservation of Atlantic Tunas 
and acted upon favorably by the Secretary of State under 
section 5(a) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971c(a)).
---------------------------------------------------------------------------
    \35\ Sec. 406 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3621) struck out ``July 1, 1996'' and inserted in lieu 
thereof `` July 1, 1997''.
---------------------------------------------------------------------------

SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

    Not later than 270 days after the date of enactment of this 
Act, the Secretary of Commerce shall submit to the Committee on 
Commerce, Science and Transportation of the Senate and to the 
Committee on Resources of the House of Representatives a report 
on the historic rationale, effectiveness, and biological and 
economic efficiency of existing bluefin tuna regulations for 
United States Atlantic fisheries. Specifically, the biological 
rationale for each regional and category allocation, including 
directed and incidental categories, should be described in 
light of the average size, age, and maturity of bluefin tuna 
caught in each fishery and the effect of this harvest on stock 
rebuilding and sustainable yield. The report should examine the 
history and evaluate the level of wasteful discarding, and 
evaluate the effectiveness of non-quota regulations at 
constraining harvests within regions. Further, comments should 
be provided on levels of participation in specific fisheries in 
terms of vessels and trips, enforcement implications, and the 
importance of monitoring information provided by these 
allocations on the precision of the stock assessment estimates.

SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.

    (a) Sharing of Conservation Burden.--It is the sense of the 
Congress that in future negotiations of the International 
Commission for the Conservation of Atlantic Tunas (hereafter in 
this section referred to as ``ICCAT''), the Secretary of 
Commerce shall ensure that the conservation actions recommended 
by international commissions and implemented by the Secretary 
for United States commercial and recreational fishermen provide 
fair and equitable sharing of the conservation burden among all 
contracting harvesters in negotiations with those commissions.
    (b) Enforcement Provisions.--It is further the sense of the 
Congress that, during 1995 ICCAT negotiations on swordfish and 
other Highly Migratory Species managed by ICCAT, the Congress 
encourages the United States Commissioners to add enforcement 
provisions similar to those applicable to bluefin tuna.
    (c) Enhanced Monitoring.--It is further the sense of the 
Congress that the National Oceanic and Atmospheric 
Administration and the United States Customs Service should 
enhance monitoring activities to ascertain what specific stocks 
are being imported into the United States and the country of 
origin.
    (d) Multilateral Enforcement Process.--It is further the 
sense of the Congress that the United States Commissioners 
should pursue as a priority the establishment and 
implementation prior to December 31, 1996, an effective 
multilateral process that will enable ICCAT nations to enforce 
the conservation recommendations of the Commission.

                  TITLE IV--FISHERMEN'S PROTECTIVE ACT

SEC. 401.\36\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 1980a note.
---------------------------------------------------------------------------
          (1) customary international law and the United 
        Nations Convention on the Law of the Sea guarantee the 
        right of passage, including innocent passage, to 
        vessels through the waters commonly referred to as the 
        ``Inside Passage'' off the Pacific Coast of Canada;
          (2) in 1994 Canada required all commercial fishing 
        vessels of the United States to pay 1,500 Canadian 
        dollars to obtain a ``license which authorizes 
        transit'' through the Inside Passage;
          (3) this action was inconsistent with international 
        law, including the United Nations Convention on the Law 
        of the Sea, and, in particular, Article 26 of that 
        Convention, which specifically prohibits such fees, and 
        threatened the safety of United States commercial 
        fishermen who sought to avoid the fee by traveling in 
        less protected waters;
          (4) the Fishermen's Protective Act of 1967 provides 
        for the reimbursement of vessel owners who are forced 
        to pay a license fee to secure the release of a vessel 
        which has been seized, but does not permit 
        reimbursement of a fee paid by the owner in advance in 
        order to prevent a seizure;
          (5) Canada required that the license fee be paid in 
        person in 2 ports on the Pacific Coast of Canada, or in 
        advance by mail;
          (6) significant expense and delay was incurred by 
        commercial fishing vessels of the United States that 
        had to travel from the point of seizure back to one of 
        those ports in order to pay the license fee required by 
        Canada, and the costs of that travel and delay cannot 
        be reimbursed under the Fishermen's Protective Act;
          (7) the Fishermen's Protective Act of 1967 should be 
        amended to permit vessel owners to be reimbursed for 
        fees required by a foreign government to be paid in 
        advance in order to navigate in the waters of that 
        foreign country if the United States considers that fee 
        to be inconsistent with international law;
          (8) the Secretary of State should seek to recover 
        from Canada any amounts paid by the United States to 
        reimburse vessel owners who paid the transit license 
        fee;
          (9) the United States should review its current 
        policy with respect to anchorage by commercial fishing 
        vessels of Canada in waters of the United States off 
        Alaska, including waters in and near the Dixon 
        Entrance, and should accord such vessels the same 
        treatment that commercial fishing vessels of the United 
        States are accorded for anchorage in the waters of 
        Canada off British Columbia;
          (10) the President should ensure that, consistent 
        with international law, the United States Coast Guard 
        has available adequate resources in the Pacific 
        Northwest and Alaska to provide for the safety of 
        United States citizens, the enforcement of United 
        States law, and to protect the rights of the United 
        States and keep the peace among vessels operating in 
        disputed waters;
          (11) the President should continue to review all 
        agreements between the United States and Canada to 
        identify other actions that may be taken to convince 
        Canada that any reinstatement of the transit license 
        fee would be against Canada's long-term interests, and 
        should immediately implement any actions which the 
        President deems appropriate if Canada reinstates the 
        fee;
          (12) the President should continue to convey to 
        Canada in the strongest terms that the United States 
        will not now, nor at any time in the future, tolerate 
        any action by Canada which would impede or otherwise 
        restrict the right of passage of vessels of the United 
        States in a manner inconsistent with international law; 
        and
          (13) the United States should continue its efforts to 
        seek expeditious agreement with Canada on appropriate 
        fishery conservation and management measures that can 
        be implemented through the Pacific Salmon Treaty to 
        address issues of mutual concern.

SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.

    (a) * * *
    (b) * * *
    (c) Notwithstanding any other provision of law, the 
Secretary of State shall reimburse the owner of any vessel of 
the United States for costs incurred due to the seizure of such 
vessel in 1994 by Canada on the basis of a claim to 
jurisdiction over sedentary species which was not recognized by 
the United States at the time of such seizure. Any such 
reimbursement shall cover, in addition to amounts reimbursable 
under section 3 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1973), legal fees and travel costs incurred by the owner 
of any such vessel that were necessary to secure the prompt 
release of the vessel and crew. Total reimbursements under this 
subsection may not exceed $25,000 and may be made available 
from the unobligated balances of previously appropriated funds 
remaining in the Fishermen's Protective Fund established under 
section 9 of the Fishermen's Protective Act (22 U.S.C. 1979).
---------------------------------------------------------------------------
    \37\ Sec. 403 amended sec. 7 of the Fishermen's Protective Act.
---------------------------------------------------------------------------

SEC. 403.\37\ REAUTHORIZATION. * * *

SEC. 404. TECHNICAL CORRECTIONS.

    (a)(1) Section 15(a) of Public Law 103-238 is amended by 
striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
    (2) The amendment made by paragraph (1) shall be effective 
on and after April 30, 1994.
    (b) * * *

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

SEC. 501.\38\ SHORT TITLE.

    This title may be cited as the ``Sea of Okhotsk Fisheries 
Enforcement Act of 1995''.
---------------------------------------------------------------------------
    \38\ 16 U.S.C. 1823 note.
    \39\ Sec. 502 amended the Central Bering Sea Fisheries Enforcement 
Act of 1992.
---------------------------------------------------------------------------

SEC. 502.\39\ FISHING PROHIBITION. * * *

                     TITLE VI--DRIFTNET MORATORIUM

SEC. 601.\40\ SHORT TITLE.

    This title may be cited as the ``High Seas Driftnet Fishing 
Moratorium Protection Act''.
---------------------------------------------------------------------------
    \40\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 602.\41\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \41\ 16 U.S.C. 1826d note.
---------------------------------------------------------------------------
          (1) Congress has enacted and the President has signed 
        into law numerous Acts to control or prohibit large-
        scale driftnet fishing both within the jurisdiction of 
        the United States and beyond the exclusive economic 
        zone of any nation, including the Driftnet Impact 
        Monitoring, Assessment, and Control Act of 1987 (title 
        IV, Public Law 100-220), the Driftnet Act Amendments of 
        1990 (Public Law 101-627), and the High Seas Driftnet 
        Fisheries Enforcement Act (title I, Public Law 102-
        582);
          (2) the United States is a party to the Convention 
        for the Prohibition of Fishing with Long Driftnets in 
        the South Pacific, also known as the Wellington 
        Convention;
          (3) the General Assembly of the United Nations has 
        adopted three resolutions and three decisions which 
        established and reaffirm a global moratorium on large-
        scale driftnet fishing on the high seas, beginning with 
        Resolution 44/225 in 1989 and most recently in Decision 
        48/445 in 1993;
          (4) the General Assembly of the United Nations 
        adopted these resolutions and decisions at the request 
        of the United States and other concerned nations;
          (5) the best scientific information demonstrates the 
        wastefulness and potentially destructive impacts of 
        large-scale driftnet fishing on living marine resources 
        and seabirds; and
          (6) Resolution 46/215 of the United Nations General 
        Assembly calls on all nations, both individually and 
        collectively, to prevent large-scale driftnet fishing 
        on the high seas.

SEC. 603.\42\ PROHIBITION.

    The United States, or any agency or official acting on 
behalf of the United States, may not enter into any 
international agreement with respect to the conservation and 
management of living marine resources or the use of the high 
seas by fishing vessels that would prevent full implementation 
of the global moratorium on large-scale driftnet fishing on the 
high seas, as such moratorium is expressed in Resolution 46/215 
of the United Nations General Assembly.
---------------------------------------------------------------------------
    \42\ 16 U.S.C. 1826d.
---------------------------------------------------------------------------

SEC. 604.\43\ NEGOTIATIONS.

    The Secretary of State, on behalf of the United States, 
shall seek to enhance the implementation and effectiveness of 
the United Nations General Assembly resolutions and decisions 
regarding the moratorium on large-scale driftnet fishing on the 
high seas through appropriate international agreements and 
organizations.
---------------------------------------------------------------------------
    \43\ 16 U.S.C. 1826e.
---------------------------------------------------------------------------

SEC. 605.\44\ CERTIFICATION.

    The Secretary of State shall determine in writing prior to 
the signing or provisional application by the United States of 
any international agreement with respect to the conservation 
and management of living marine resources or the use of the 
high seas by fishing vessels that the prohibition contained in 
section 603 will not be violated if such agreement is signed or 
provisionally applied.
---------------------------------------------------------------------------
    \44\ 16 U.S.C. 1826f.
---------------------------------------------------------------------------

SEC. 606.\45\ ENFORCEMENT.

    The President shall utilize appropriate assets of the 
Department of Defense, the United States Coast Guard, and other 
Federal agencies to detect, monitor, and prevent violations of 
the United Nations moratorium on large-scale driftnet fishing 
on the high seas for all fisheries under the jurisdiction of 
the United States and, in the case of fisheries not under the 
jurisdiction of the United States, to the fullest extent 
permitted under international law.
---------------------------------------------------------------------------
    \45\ 16 U.S.C. 1826g.
---------------------------------------------------------------------------

                   TITLE VII--YUKON RIVER SALMON ACT

SEC. 701.\46\ SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 
1995''.
---------------------------------------------------------------------------
    \46\ 16 U.S.C. 5701 note.
---------------------------------------------------------------------------

SEC. 702.\47\ PURPOSES.

    It is the purpose of this title--
---------------------------------------------------------------------------
    \47\ 16 U.S.C. 5701.
---------------------------------------------------------------------------
          (1) to implement the interim agreement for the 
        conservation of salmon stocks originating from the 
        Yukon River in Canada agreed to through an exchange of 
        notes between the Government of the United States and 
        the Government of Canada on February 3, 1995;
          (2) to provide for representation by the United 
        States on the Yukon River Panel established under such 
        agreement; and
          (3) to authorize to be appropriated sums necessary to 
        carry out the responsibilities of the United States 
        under such agreement.

SEC. 703.\48\ DEFINITIONS.

    As used in this title--
---------------------------------------------------------------------------
    \48\ 16 U.S.C. 5702.
---------------------------------------------------------------------------
          (1) The term ``Agreement'' means the interim 
        agreement for the conservation of salmon stocks 
        originating from the Yukon River in Canada agreed to 
        through an exchange of notes between the Government of 
        the United States and the Government of Canada on 
        February 3, 1995.
          (2) The term ``Panel'' means the Yukon River Panel 
        established by the Agreement.
          (3) The term ``Yukon River Joint Technical 
        Committee'' means the technical committee established 
        by paragraph C.2 of the Memorandum of Understanding 
        concerning the Pacific Salmon Treaty between the 
        Government of the United States and the Government of 
        Canada recorded January 28, 1985.

SEC. 704.\49\ PANEL.

    (a) Representation.--The United States shall be represented 
on the Panel by six individuals, of whom--
---------------------------------------------------------------------------
    \49\ 16 U.S.C. 5703.
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government with expertise in salmon conservation and 
        management;
          (2) one shall be an official of the State of Alaska 
        with expertise in salmon conservation and management; 
        and
          (3) four shall be knowledgeable and experienced with 
        regard to the salmon fisheries on the Yukon River.
    (b) Appointments.--Panel members shall be appointed as 
follows:
          (1) The Panel member described in subsection (a)(1) 
        shall be appointed by the Secretary of State.
          (2) The Panel member described in subsection (a)(2) 
        shall be appointed by the Governor of Alaska.
          (3) The Panel members described in subsection (a)(3) 
        shall be appointed by the Secretary of State from a 
        list of at least 3 individuals nominated for each 
        position by the Governor of Alaska. The Governor of 
        Alaska may consider suggestions for nominations 
        provided by organizations with expertise in Yukon River 
        salmon fisheries. The Governor of Alaska may make 
        appropriate nominations to allow for, and the Secretary 
        of State shall appoint, at least one member under 
        subsection (a)(3) who is qualified to represent the 
        interests of Lower Yukon River fishing districts, and 
        at least one member who is qualified to represent the 
        interests of Upper Yukon River fishing districts. At 
        least one of the Panel members under subsection (a)(3) 
        shall be an Alaska Native.
    (c) Alternates.--The Secretary of State may designate an 
alternate Panel member for each Panel member the Secretary 
appoints under subsections (b) (1) and (3), who meets the same 
qualifications, to serve in the absence of the Panel member. 
The Governor of the State of Alaska may designate an 
alternative Panel member for the Panel member appointed under 
subsection (b)(2), who meets the same qualifications, to serve 
in the absence of that Panel member.
    (d) Term Length.--Panel members and alternate Panel members 
shall serve four-year terms. Any individual appointed to fill a 
vacancy occurring before the expiration of any term shall be 
appointed for the remainder of that term.
    (e) Reappointment.--Panel members and alternate Panel 
members shall be eligible for reappointment.
    (f) Decisions.--Decisions by the United States section of 
the Panel shall be made by the consensus of the Panel members 
appointed under paragraphs (2) and (3) of subsection (a).
    (g) Consultation.--In carrying out their functions under 
the Agreement, Panel members may consult with such other 
interested parties as they consider appropriate.

SEC. 705.\50\ ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may appoint an 
Advisory Committee of not less than eight, but not more than 
twelve, individuals who are knowledgeable and experienced with 
regard to the salmon fisheries on the Yukon River. At least 2 
of the Advisory Committee members shall be Alaska Natives. 
Members of the Advisory Committee may attend all meetings of 
the United States section of the Panel, and shall be given the 
opportunity to examine and be heard on any matter under 
consideration by the United States section of the Panel.
---------------------------------------------------------------------------
    \50\ 16 U.S.C. 5704.
---------------------------------------------------------------------------
    (b) Compensation.--The members of such Advisory Committee 
shall receive no compensation for their services.
    (c) Term Length.--Advisory Committee members shall serve 
two-year terms. Any individual appointed to fill a vacancy 
occurring before the expiration of any term shall be appointed 
for the remainder of that term.
    (d) Reappointment.--Advisory Committee members shall be 
eligible for reappointment.

SEC. 706.\51\ EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Panel, the Yukon River Joint Technical 
Committee, or the Advisory Committee created under section 705 
of this title.
---------------------------------------------------------------------------
    \51\ 16 U.S.C. 5705.
---------------------------------------------------------------------------

SEC. 707.\52\ AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska 
Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of the Agreement.
---------------------------------------------------------------------------
    \52\ 16 U.S.C. 5706.
---------------------------------------------------------------------------
    (b) Effect of Designation.--The designation under 
subsection (a) shall not be considered to expand, diminish, or 
change the management authority of the State of Alaska or the 
Federal Government with respect to fishery resources.
    (c) Recommendations of Panel.--In addition to 
recommendations made by the Panel to the responsible management 
entities in accordance with the Agreement, the Panel may make 
recommendations concerning the conservation and management of 
salmon originating in the Yukon River to the Department of the 
Interior, Department of Commerce, Department of State, North 
Pacific Fishery Management Council, and other Federal or State 
entities as appropriate. Recommendations by the Panel shall be 
advisory in nature.

SEC. 708.\53\ CONTINUATION OF AGREEMENT.

    In the event that the Treaty between Canada and the United 
States of America concerning Pacific Salmon, signed at Ottawa, 
January 28, 1985, terminates prior to the termination of the 
Agreement, and the functions of the Panel are assumed by the 
``Yukon River Salmon Commission'' referenced in the Agreement, 
the provisions of this title which apply to the Panel shall 
thereafter apply to the Yukon River Salmon Commission, and the 
other provisions of this title shall remain in effect.
---------------------------------------------------------------------------
    \53\ 16 U.S.C. 5707.
---------------------------------------------------------------------------

SEC. 709.\54\ ADMINISTRATIVE MATTERS.

    (a) Panel members and alternate Panel members who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-15 of the General Schedule when engaged in the 
actual performance of duties.
---------------------------------------------------------------------------
    \54\ 16 U.S.C. 5708.
---------------------------------------------------------------------------
    (b) Travel and other necessary expenses shall be paid for 
all Panel members, alternate Panel members, United States 
members of the Joint Technical Committee, and members of the 
Advisory Committee when engaged in the actual performance of 
duties.
    (c) Except for officials of the United States Government, 
individuals described in subsection (b) shall not be considered 
to be Federal employees while engaged in the actual performance 
of duties, except for the purposes of injury compensation or 
tort claims liability as provided in chapter 81 of title 5, 
United States Code, and chapter 71 of title 28, United States 
Code.

SEC. 710.\55\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $4,000,000 for each 
fiscal year for carrying out the purposes and provisions of the 
Agreement and this title including--
---------------------------------------------------------------------------
    \55\ 16 U.S.C. 5709.
---------------------------------------------------------------------------
          (1) necessary travel expenses of Panel members, 
        alternate Panel members, United States members of the 
        Joint Technical Committee, and members of the Advisory 
        Committee in accordance with Federal Travel Regulations 
        and sections 5701, 5702, 5704 through 5708, and 5731 of 
        title 5, United States Code;
          (2) the United States share of the joint expenses of 
        the Panel and the Joint Technical Committee: Provided, 
        That Panel members and alternate Panel members shall 
        not, with respect to commitments concerning the United 
        States share of the joint expenses, be subject to 
        section 262(b) of title 22, United States Code, insofar 
        as it limits the authority of United States 
        representatives to international organizations with 
        respect to such commitments;
          (3) not more than $3,000,000 for each fiscal year to 
        the Department of the Interior and to the Department of 
        Commerce for survey, restoration, and enhancement 
        activities related to Yukon River salmon; and
          (4) $400,000 in each of fiscal years 1996, 1997, 
        1998, and 1999 to be contributed to the Yukon River 
        Restoration and Enhancement Fund and used in accordance 
        with the Agreement.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

    Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
973g) is amended by adding at the end thereof the following: * 
* *

SEC. 802.\56\ FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC 
                    MACKEREL.

    Notwithstanding any other provision of law--
---------------------------------------------------------------------------
    \56\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
          (1) no allocation may be made to any foreign nation 
        or vessel under section 201 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.) \57\ in any fishery for which there is not a 
        fishery management plan implemented in accordance with 
        that Act; and
---------------------------------------------------------------------------
    \57\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (2) the Secretary of Commerce may not approve the 
        portion of any permit application submitted under 
        section 204(b) of the Act which proposes fishing by a 
        foreign vessel for Atlantic mackerel or Atlantic 
        herring unless--
                  (A) the appropriate regional fishery 
                management council recommends under section 
                204(b)(5) of that Act that the Secretary 
                approve such fishing, and
                  (B) the Secretary of Commerce includes in the 
                permit any conditions or restrictions 
                recommended by the appropriate regional fishery 
                management council with respect to such 
                fishing.
                              5. Dolphins

             a. International Dolphin Conservation Program

 Title III of Public Law 92-522 [Marine Mammal Protection Act of 1972; 
 H.R. 10420], 86 Stat. 1027, approved October 21, 1972; as amended by 
  Public Law 102-523 [International Dolphin Conservation Act of 1992; 
 H.R. 5419], 106 Stat. 3425, approved October 26, 1992; and Public Law 
105-42 [International Dolphin Conservation Program Act; H.R. 408], 111 
                  Stat. 1122, approved August 15, 1997

    AN ACT To protect marine mammals, to establish a Marine Mammal 
                  Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Marine Mammal Protection Act of 1972''.
---------------------------------------------------------------------------
    \1\ Sec. 2(a) of the International Dolphin Conservation Act of 1992 
(Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of 
Public Law 105-42 (111 Stat. 1129) amended the heading of title III, 
which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT 
CERTAIN TUNA HARVESTING PRACTICES''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(a) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          * * * * * * *

       TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \1\

SEC. 301.\2\ FINDINGS AND POLICY.

    (a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1411.
---------------------------------------------------------------------------
          (1) The yellowfin tuna fishery of the eastern 
        tropical Pacific Ocean has resulted in the deaths of 
        millions of dolphins.
          (2) Significant awareness and increased concern for 
        the health and safety of dolphin populations has 
        encouraged a change in fishing methods worldwide.
          (3) United States tuna fishing vessels have led the 
        world in the development of fishing methods to reduce 
        dolphin mortalities in the eastern tropical Pacific 
        Ocean and United States tuna processing companies have 
        voluntarily promoted the marketing of tuna that is 
        dolphin safe.
          (4) \3\ Nations harvesting yellowfin tuna in the 
        eastern tropical Pacific Ocean have demonstrated their 
        willingness to participate in appropriate multilateral 
        agreements to reduce dolphin mortality progressively to 
        a level approaching zero through the setting of annual 
        limits, with the goal of eliminating dolphin mortality 
        in that fishery. Recognition of the International 
        Dolphin Conservation Program will assure that the 
        existing trend of reduced dolphin mortality continues; 
        that individual stocks of dolphins are adequately 
        protected; and that the goal of eliminating all dolphin 
        mortality continues to be a priority.
---------------------------------------------------------------------------
    \3\ Sec. 6(b)(1) of Public Law 105-42 (111 Stat. 1129) amended and 
restated para. (4), which previously read as following:
    ``(4) Nations harvesting yellowfin tuna in the eastern tropical 
Pacific Ocean have indicated their willingness to participate in 
appropriate multilateral agreements to reduce, and eventually 
eliminate, dolphin mortality in that fishery.''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(b)(1) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
    (b) Policy.--It is the policy of the United States to--
          (1) eliminate the marine mammal mortality resulting 
        from the intentional encirclement of dolphins and other 
        marine mammals in tuna purse seine fisheries;
          (2) \4\ support the International Dolphin 
        Conservation Program and efforts within the Program to 
        reduce, with the goal of eliminating, the mortality 
        referred to in paragraph (1);
---------------------------------------------------------------------------
    \4\ Sec. 6(b)(2) of Public Law 105-42 (111 Stat. 1129) struck out 
paras. (2) and (3) and inserted in lieu thereof new paras. (2) and (3). 
Paras. (2) and (3) previously read as follows:
    ``(2) secure appropriate multilateral agreements to reduce, and 
eventually eliminate, the mortality referred to in paragraph (1);
    ``(3) ensure that the market of the United States does not act as 
an incentive to the harvest of tuna caught in association with dolphins 
or with driftnets;''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(b)(2) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (3) \4\ ensure that the market of the United States 
        does not act as an incentive to the harvest of tuna 
        caught with driftnets or caught by purse seine vessels 
        in the eastern tropical Pacific Ocean not operating in 
        compliance with the International Dolphin Conservation 
        Program;
          (4) secure appropriate multilateral agreements to 
        ensure that United States tuna fishing vessels shall 
        have continued access to productive tuna fishing 
        grounds in the South Pacific Ocean and elsewhere; and
          (5) encourage observer coverage on purse seine 
        vessels fishing for tuna outside of the eastern 
        tropical Pacific Ocean in a fishery in which the 
        Secretary has determined that a regular and significant 
        association occurs between marine mammals and tuna, and 
        in which tuna is harvested through the use of purse 
        seine nets deployed on or to encircle marine mammals.

SEC. 302.\5\ INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.

    The Secretary of State, in consultation with the Secretary, 
shall seek to secure a binding international agreement to 
establish an International Dolphin Conservation Program that 
requires--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 1412. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 302 and inserted in lieu thereof a new sec. 302.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (1) that the total annual dolphin mortality in the 
        purse seine fishery for yellowfin tuna in the eastern 
        tropical Pacific Ocean shall not exceed 5,000 animals 
        with a commitment and objective to progressively reduce 
        dolphin mortality to a level approaching zero through 
        the setting of annual limits;
          (2) the establishment of a per-stock per-year dolphin 
        mortality limit, to be in effect through calendar year 
        2000, at a level between 0.2 percent and 0.1 percent of 
        the minimum population estimate, as calculated, 
        revised, or approved by the Secretary;
          (3) the establishment of a per-stock per-year dolphin 
        mortality limit, beginning with the calendar year 2001, 
        at a level less than or equal to 0.1 percent of the 
        minimum population estimate as calculated, revised, or 
        approved by the Secretary;
          (4) that if a dolphin mortality limit is exceeded 
        under--
                  (A) paragraph (1), all sets on dolphins shall 
                cease for the applicable fishing year; and
                  (B) paragraph (2) or (3), all sets on the 
                stocks covered under paragraph (2) or (3) and 
                any mixed schools that contain any of those 
                stocks shall cease for the applicable fishing 
                year;
          (5) a scientific review and assessment to be 
        conducted in calendar year 1998 to--
                  (A) assess progress in meeting the objectives 
                set for calendar year 2000 under paragraph (2); 
                and
                  (B) as appropriate, consider recommendations 
                for meeting these objectives;
          (6) a scientific review and assessment to be 
        conducted in calendar year 2000--
                  (A) to review the stocks covered under 
                paragraph (3); and
                  (B) as appropriate to consider 
                recommendations to further the objectives set 
                under that paragraph;
          (7) the establishment of a per vessel maximum annual 
        dolphin mortality limit consistent with the established 
        per-year mortality limits, as determined under 
        paragraphs (1) through (3); and
          (8) the provision of a system of incentives to vessel 
        captains to continue to reduce dolphin mortality, with 
        the goal of eliminating dolphin mortality.

SEC. 303.\6\ REGULATORY AUTHORITY OF THE SECRETARY.

    (a) Regulations.--
          (1) The Secretary shall issue regulations, and revise 
        those regulations as may be appropriate, to implement 
        the International Dolphin Conservation Program.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1413. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 303 and inserted in lieu thereof a new sec. 303.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (2)(A) The Secretary shall issue regulations to 
        authorize and govern the taking of marine mammals in 
        the eastern tropical Pacific Ocean, including any 
        species of marine mammal designated as depleted under 
        this Act but not listed as endangered or threatened 
        under the Endangered Species Act (16 U.S.C. 1531 et 
        seq.), by vessels of the United States participating in 
        the International Dolphin Conservation Program.
          (B) Regulations issued under this section shall 
        include provisions--
                  (i) requiring observers on each vessel;
                  (ii) requiring use of the backdown procedure 
                or other procedures equally or more effective 
                in avoiding mortality of, or serious injury to, 
                marine mammals in fishing operations;
                  (iii) prohibiting intentional sets on stocks 
                and schools in accordance with the 
                International Dolphin Conservation Program;
                  (iv) requiring the use of special equipment, 
                including dolphin safety panels in nets, 
                monitoring devices as identified by the 
                International Dolphin Conservation Program to 
                detect unsafe fishing conditions that may cause 
                high incidental dolphin mortality before nets 
                are deployed by a tuna vessel, operable rafts, 
                speedboats with towing bridles, floodlights in 
                operable condition, and diving masks and 
                snorkels;
                  (v) ensuring that the backdown procedure 
                during sets of purse seine net on marine 
                mammals is completed and rolling of the net to 
                sack up has begun no later than 30 minutes 
                before sundown;
                  (vi) banning the use of explosive devices in 
                all purse seine operations;
                  (vii) establishing per vessel maximum annual 
                dolphin mortality limits, total dolphin 
                mortality limits and per-stock per-year 
                mortality limits in accordance with the 
                International Dolphin Conservation Program;
                  (viii) preventing the making of intentional 
                sets on dolphins after reaching either the 
                vessel maximum annual dolphin mortality limits, 
                total dolphin mortality limits, or per-stock 
                per-year mortality limits;
                  (ix) preventing the fishing on dolphins by a 
                vessel without an assigned vessel dolphin 
                mortality limit;
                  (x) allowing for the authorization and 
                conduct of experimental fishing operations, 
                under such terms and conditions as the 
                Secretary may prescribe, for the purpose of 
                testing proposed improvements in fishing 
                techniques and equipment that may reduce or 
                eliminate dolphin mortality or serious injury 
                do not require the encirclement of dolphins in 
                the course of commercial yellowfin tuna 
                fishing;
                  (xi) authorizing fishing within the area 
                covered by the International Dolphin 
                Conservation Program by vessels of the United 
                States without the use of special equipment or 
                nets if the vessel takes an observer and does 
                not intentionally deploy nets on, or encircle, 
                dolphins, under such terms and conditions as 
                the Secretary may prescribe; and
                  (xii) containing such other restrictions and 
                requirements as the Secretary determines are 
                necessary to implement the International 
                Dolphin Conservation Program with respect to 
                vessels of the United States.
          (C) Adjustments to requirements.--The Secretary may 
        make such adjustments as may be appropriate to 
        requirements of subparagraph (B) that pertain to 
        fishing gear, vessel equipment, and fishing practices 
        to the extent the adjustments are consistent with the 
        International Dolphin Conservation Program.
    (b) Consultation.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of 
State, the Marine Mammal Commission, and the United States 
Commissioners to the Inter-American Tropical Tuna Commission 
appointed under section 3 of the Tuna Conventions Act of 1950 
(16 U.S.C. 952).
    (c) Emergency Regulations.--
          (1) If the Secretary determines, on the basis of the 
        best scientific information available (including 
        research conducted under section 304 and information 
        obtained under the International Dolphin Conservation 
        Program) that the incidental mortality and serious 
        injury of marine mammals authorized under this title is 
        having, or is likely to have, a significant adverse 
        impact on a marine mammal stock or species, the 
        Secretary shall--
                  (A) notify the Inter-American Tropical Tuna 
                Commission of his or her determination, along 
                with recommendations to the Commission as to 
                actions necessary to reduce incidental 
                mortality and serious injury and mitigate such 
                adverse impact; and
                  (B) prescribe emergency regulations to reduce 
                incidental mortality and serious injury and 
                mitigate such adverse impact.
          (2) Before taking action under subparagraph (A) or 
        (B) of paragraph (1), the Secretary shall consult with 
        the Secretary of State, the Marine Mammal Commission, 
        and the United States Commissioners to the Inter-
        American Tropical Tuna Commission.
          (3) Emergency regulations prescribed under this 
        subsection--
                  (A) shall be published in the Federal 
                Register, together with an explanation thereof;
                  (B) shall remain in effect for the duration 
                of the applicable fishing year; and
                  (C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal 
                Register of a notice of termination if the 
                Secretary determines that the reasons for the 
                emergency action no longer exist.
          (4) If the Secretary finds that the incidental 
        mortality and serious injury of marine mammals in the 
        yellowfin tuna fishery in the eastern tropical Pacific 
        Ocean is continuing to have a significant adverse 
        impact on a stock or species, the Secretary may extend 
        the emergency regulations for such additional periods 
        as may be necessary.
          (5) Within 120 days after the Secretary notifies the 
        United States Commissioners to the Inter-American 
        Tropical Tuna Commission of the Secretary's 
        determination under paragraph (1)(A), the United States 
        Commissioners shall call for a special meeting of the 
        Commission to address the actions necessary to reduce 
        incidental mortality and serious injury and mitigate 
        the adverse impact which resulted in the determination. 
        The Commissioners shall report the results of the 
        special meeting in writing to the Secretary and to the 
        Secretary of State. In their report, the Commissioners 
        shall--
                  (A) include a description of the actions 
                taken by the harvesting nations or under the 
                International Dolphin Conservation Program to 
                reduce the incidental mortality and serious 
                injury and measures to mitigate the adverse 
                impact on the marine mammal species or stock;
                  (B) indicate whether, in their judgment, the 
                actions taken address the problem adequately; 
                and
                  (C) if they indicate that the actions taken 
                do not address the problem adequately, include 
                recommendations of such additional action to be 
                taken as may be necessary.

SEC. 304.\7\ RESEARCH.

    (a) Required Research.--
          (1) In general.--The Secretary shall, in consultation 
        with the Marine Mammal Commission and the Inter-
        American Tropical Tuna Commission, conduct a study of 
        the effect of intentional encirclement (including 
        chase) on dolphins and dolphin stocks incidentally 
        taken in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean. 
        The study, which shall commence on October 1, 1997, 
        shall consist of abundance surveys as described in 
        paragraph (2) and stress studies as described in 
        paragraph (3), and shall address the question of 
        whether such encirclement is having a significant 
        adverse impact on any depleted dolphin stock in the 
        eastern tropical Pacific Ocean.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 1414a. Sec. 6(c) of Public Law 105-42 (111 Stat. 
1130) struck out sec. 304 and inserted in lieu thereof a new sec. 304.
---------------------------------------------------------------------------
          (2) Population abundance surveys.--The abundance 
        surveys under this subsection shall survey the 
        abundance of such depleted stocks and shall be 
        conducted during each of the calendar years 1998, 1999, 
        and 2000.
          (3) Stress studies.--The stress studies under this 
        subsection shall include--
                  (A) a review of relevant stress-related 
                research and a 3-year series of necropsy 
                samples from dolphins obtained by commercial 
                vessels;
                  (B) a 1-year review of relevant historical 
                demographic and biological data related to 
                dolphins and dolphin stocks referred to in 
                paragraph (1); and
                  (C) an experiment involving the repeated 
                chasing and capturing of dolphins by means of 
                intentional encirclement.
          (4) Report.--No later than 90 days after publishing 
        the finding under subsection (g)(2) of the Dolphin 
        Protection Consumer Information Act, the Secretary 
        shall complete and submit a report containing the 
        results of the research described in this subsection to 
        the United States Senate Committee on Commerce, 
        Science, and Transportation and the United States House 
        of Representatives Committees on Resources and on 
        Commerce, and to the Inter-American Tropical Tuna 
        Commission.
    (b) Other Research.--
          (1) In general.--In addition to conducting the 
        research described in subsection (a), the Secretary 
        shall, in consultation with the Marine Mammal 
        Commission and in cooperation with the nations 
        participating in the International Dolphin Conservation 
        Program and the Inter-American Tropical Tuna 
        Commission, undertake or support appropriate scientific 
        research to further the goals of the International 
        Dolphin Conservation Program.
          (2) Specific areas of research.--Research carried out 
        under paragraph (1) may include--
                  (A) projects to devise cost-effective fishing 
                methods and gear so as to reduce, with the goal 
                of eliminating, the incidental mortality and 
                serious injury of marine mammals in connection 
                with commercial purse seine fishing in the 
                eastern tropical Pacific Ocean;
                  (B) projects to develop cost-effective 
                methods of fishing for mature yellowfin tuna 
                without setting nets on dolphins or other 
                marine mammals;
                  (C) projects to carry out stock assessments 
                for those marine mammal species and marine 
                mammal stocks taken in the purse seine fishery 
                for yellowfin tuna in the eastern tropical 
                Pacific Ocean, including species or stocks not 
                within waters under the jurisdiction of the 
                United States; and
                  (D) projects to determine the extent to which 
                the incidental take of nontarget species, 
                including juvenile tuna, occurs in the course 
                of purse seine fishing for yellowfin tuna in 
                the eastern tropical Pacific Ocean, the 
                geographic location of the incidental take, and 
                the impact of that incidental take on tuna 
                stocks and nontarget species.
    (c) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary the following amounts, to be used by the 
        Secretary to carry out the research described in 
        subsection (a):
                  (A) $4,000,000 for fiscal year 1998.
                  (B) $3,000,000 for fiscal year 1999.
                  (C) $4,000,000 for fiscal year 2000.
                  (D) $1,000,000 for fiscal year 2001.
          (2) In addition to the amount authorized to be 
        appropriated under paragraph (1), there are authorized 
        to be appropriated to the Secretary for carrying out 
        this section $3,000,000 for each of the fiscal years 
        1998, 1999, 2000, and 2001.

SEC. 305.\8\ REPORTS BY THE SECRETARY.

    Notwithstanding section 103(f), the Secretary shall submit 
annual reports to the Congress which include--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 1415. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 305 and inserted in lieu thereof a new sec. 305.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (1) results of research conducted pursuant to section 
        304;
          (2) a description of the status and trends of stocks 
        of tuna;
          (3) a description of the efforts to assess, avoid, 
        reduce, and minimize the bycatch of juvenile yellowfin 
        tuna and bycatch of nontarget species;
          (4) a description of the activities of the 
        International Dolphin Conservation Program and of the 
        efforts of the United States in support of the 
        Program's goals and objectives, including the 
        protection of dolphin stocks in the eastern tropical 
        Pacific Ocean, and an assessment of the effectiveness 
        of the Program;
          (5) actions taken by the Secretary under section 
        101(a)(2)(B) and section 101(d);
          (6) copies of any relevant resolutions and decisions 
        of the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this 
        title; and
          (7) any other information deemed relevant by the 
        Secretary.

SEC. 306.\9\ PERMITS.

    (a) In General.--
          (1) Consistent with the regulations issued pursuant 
        to section 303, the Secretary shall issue a permit to a 
        vessel of the United States authorizing participation 
        in the International Dolphin Conservation Program and 
        may require a permit for the person actually in charge 
        of and controlling the fishing operation of the vessel. 
        The Secretary shall prescribe such procedures as are 
        necessary to carry out this subsection, including 
        requiring the submission of--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 1416. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 306 and inserted in lieu thereof a new sec. 306.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof; and
                  (B) the tonnage, hold capacity, speed, 
                processing equipment, and type and quantity of 
                gear, including an inventory of special 
                equipment required under section 303, with 
                respect to each vessel.
          (2) The Secretary is authorized to charge a fee for 
        granting an authorization and issuing a permit under 
        this section. The level of fees charged under this 
        paragraph may not exceed the administrative cost 
        incurred in granting an authorization and issuing a 
        permit. Fees collected under this paragraph shall be 
        available to the Under Secretary of Commerce for Oceans 
        and Atmosphere for expenses incurred in granting 
        authorizations and issuing permits under this section.
          (3) After the effective date of the International 
        Dolphin Conservation Program Act, no vessel of the 
        United States shall operate in the yellowfin tuna 
        fishery in the eastern tropical Pacific Ocean without a 
        valid permit issued under this section.
    (b) Permit Sanctions.--
          (1) In any case in which--
                  (A) a vessel for which a permit has been 
                issued under this section has been used in the 
                commission of an act prohibited under section 
                307;
                  (B) the owner or operator of any such vessel 
                or any other person who has applied for or been 
                issued a permit under this section has acted in 
                violation of section 307; or
                  (C) any civil penalty or criminal fine 
                imposed on a vessel, owner or operator of a 
                vessel, or other person who has applied for or 
                been issued a permit under this section has not 
                been paid or is overdue, the Secretary may--
                          (i) revoke any permit with respect to 
                        such vessel, with or without prejudice 
                        to the issuance of subsequent permits;
                          (ii) suspend such permit for a period 
                        of time considered by the Secretary to 
                        be appropriate;
                          (iii) deny such permit; or
                          (iv) impose additional conditions or 
                        restrictions on any permit issued to, 
                        or applied for by, any such vessel or 
                        person under this section.
          (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                  (A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the 
                sanction is imposed; and
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior offenses, 
                and other such matters as justice requires.
          (3) Transfer of ownership of a vessel, by sale or 
        otherwise, shall not extinguish any permit sanction 
        that is in effect or is pending at the time of transfer 
        of ownership. Before executing the transfer of 
        ownership of a vessel, by sale or otherwise, the owner 
        shall disclose in writing to the prospective transferee 
        the existence of any permit sanction that will be in 
        effect or pending with respect to the vessel at the 
        time of transfer.
          (4) In the case of any permit that is suspended for 
        the failure to pay a civil penalty or criminal fine, 
        the Secretary shall reinstate the permit upon payment 
        of the penalty or fine and interest thereon at the 
        prevailing rate.
          (5) No sanctions shall be imposed under this section 
        unless there has been a prior opportunity for a hearing 
        on the facts underlying the violation for which the 
        sanction is imposed, either in conjunction with a civil 
        penalty proceeding under this title or otherwise.

SEC. 307.\10\ PROHIBITIONS.

    (a) In General.--It is unlawful--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 1417.
---------------------------------------------------------------------------
          (1) \11\ for any person to sell, purchase, offer for 
        sale, transport, or ship, in the United States, any 
        tuna or tuna product unless the tuna or tuna product is 
        either dolphin safe or has been harvested in compliance 
        with the international Dolphin Conservation Program by 
        a country that is a member of the Inter-American 
        Tropical Tuna Commission or has initiated and within 6 
        months thereafter completed all steps required of 
        applicant nations in accordance with Article V, 
        paragraph 3 of the Convention establishing the Inter-
        American Tropical Tuna Commission, to become a member 
        of that organization;
---------------------------------------------------------------------------
    \11\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (1), which previously read as follows:
    ``(1) for any person, after June 1, 1994, to sell, purchase, offer 
for sale, transport, or ship, in the United States, any tuna or tuna 
product that is not dolphin safe;''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (2) \12\ except as provided for in subsection 101(d), 
        for any person or vessel subject to the jurisdiction of 
        the United States intentionally to set a purse seine 
        net on or to encircle any marine mammal in the course 
        of tuna fishing operations in the eastern tropical 
        Pacific Ocean except in accordance with this title and 
        regulations issued pursuant to this title; and
---------------------------------------------------------------------------
    \12\ Sec. 6(d)(1) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (2), which previously read as follows:
    ``(2) for any person or vessel that is subject to the jurisdiction 
of the United States, intentionally to set a purse seine net on or to 
encircle any marine mammal during any tuna fishing operation after 
February 28, 1994, except--
---------------------------------------------------------------------------

  ``(A) as necessary for scientific research approved by the Inter-American 
Tropical Tuna Commission;

  ``(B) in accordance with a recommendation that is approved under section 
302(c)(2); or

  ``(C) as authorized by the general permit issued to the American Tunaboat 
Association on December 1, 1980 (including any additional restrictions 
applicable under section 306(a)), notwithstanding any agreement under 
section 302 with a country that is not a major purse seine tuna fishing 
country (as that term is defined in section 306(c));''.
---------------------------------------------------------------------------

    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d)(1) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (3) \13\ for any person to import any yellowfin tuna 
        or yellowfin tuna product or any other fish or fish 
        product in violation of a ban on importation imposed 
        under section 101(a)(2);
---------------------------------------------------------------------------
    \13\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (3), which previously read as follows:
    ``(3) for any person to import any yellowfin tuna or yellowfin tuna 
product or any other fish or fish product in violation of a ban on 
importation imposed under section 305(b) (1) or (2);''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (4) for any person to violate any regulation 
        promulgated under this title;
          (5) for any person to refuse to permit any duly 
        authorized officer to board a vessel subject to that 
        person's control for purposes of conducting any search 
        or inspection in connection with the enforcement of 
        this title; and
          (6) for any person to assault, resist, oppose, 
        impede, intimidate, or interfere with any such 
        authorized officer in the conduct of any search or 
        inspection described in paragraph (5).
    (b) Penalties.--
          (1) Civil penalty.--A person that knowingly and 
        willfully violates subsection (a) (1), (2), (3), (4), 
        or (5) shall be subject to a civil penalty under 
        section 105(a).
          (2) Criminal penalty.--A person that knowingly and 
        willfully violates subsection (a)(5) or \14\ (a)(6) 
        shall be subject to a criminal penalty under section 
        105(b).
---------------------------------------------------------------------------
    \14\ Sec. 6(d)(2) of Public Law 105-42 (111 Stat. 1136) inserted 
``(a)(5) or''.
---------------------------------------------------------------------------
    (c) \15\ Civil Forfeitures.--Any vessel (including its 
fishing gear, appurtenances, stores, and cargo) used, and any 
fish (or its fair market value) taken or retained, in any 
manner, in connection with or as a result of the commission of 
any act prohibited by this section shall be subject to 
forfeiture to the United States in the manner provided in 
section 310 of the Magnuson-Stevens Fishery Conservation and 
Management Act.\16\
---------------------------------------------------------------------------
    \15\ Sec. 6(d)(3) of Public Law 105-42 (111 Stat. 1137) struck out 
subsec. (d) which previously appeared after subsec. (c).
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d)(3) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
    \16\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 308.\17\ * * * [REPEALED--1997]

      
---------------------------------------------------------------------------
    \17\ Sec. 6(e) of Public Law 105-42 (111 Stat. 1137) repealed sec. 
308 which had provided for the authorization of appropriations for 1993 
through 1998.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(e) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
           b. International Dolphin Conservation Program Act

Partial text of Public Law 105-42 [H.R. 408], 111 Stat. 1122, approved 
                            August 15, 1977

AN ACT To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the 
``International Dolphin Conservation Program Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1361 note. For the most part, this Act amends the 
Marine Mammal Protection Act of 1972 (Public Law 92-522) and the 
Dolphin Protection Consumer Information Act (Public Law 101-627).
---------------------------------------------------------------------------
    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment 
or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2.\1\ PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are--
          (1) to give effect to the Declaration of Panama, 
        signed October 4, 1995, by the Governments of Belize, 
        Colombia, Costa Rica, Ecuador, France, Honduras, 
        Mexico, Panama, Spain, the United States of America, 
        Vanuatu, and Venezuela, including the establishment of 
        the International Dolphin Conservation Program, 
        relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in 
        the eastern tropical Pacific Ocean;
          (2) to recognize that nations fishing for tuna in the 
        eastern tropical Pacific Ocean have achieved 
        significant reductions in dolphin mortality associated 
        with that fishery; and
          (3) to eliminate the ban on imports of tuna from 
        those nations that are in compliance with the 
        International Dolphin Conservation Program.
    (b) Findings.--The Congress finds that--
          (1) the nations that fish for tuna in the eastern 
        tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with the 
        purse seine fishery from hundreds of thousands annually 
        to fewer than 5,000 annually;
          (2) the provisions of the Marine Mammal Protection 
        Act of 1972 that impose a ban on imports from nations 
        that fish for tuna in the eastern tropical Pacific 
        Ocean have served as an incentive to reduce dolphin 
        mortalities;
          (3) tuna canners and processors of the United States 
        have led the canning and processing industry in 
        promoting a dolphin-safe tuna market; and
          (4) 12 signatory nations to the Declaration of 
        Panama, including the United States, agreed under that 
        Declaration to require that the total annual dolphin 
        mortality in the purse seine fishery for yellowfin tuna 
        in the eastern tropical Pacific Ocean not exceed 5,000 
        animals, with the objective of progressively reducing 
        dolphin mortality to a level approaching zero through 
        the setting of annual limits and with the goal of 
        eliminating dolphin mortality.
          * * * * * * *
           c. International Dolphin Conservation Act of 1992

 Public Law 102-523 [H.R. 5419], 106 Stat. 3425, approved October 26, 
                                  1992

 AN ACT To amend the Marine Mammal Protection Act of 1972 to authorize 
   the Secretary of State to enter into international agreements to 
 establish a global moratorium to prohibit harvesting of tuna through 
  the use of purse seine nets deployed on or to encircle dolphins or 
             other marine mammals, and for other purposes.


          Note.--This Public Law consisted entirely of 
        amendments to other laws. Sec. 2 added a new Title III 
        to the Marine Mammal Protection Act of 1972 (Public Law 
        92-522; 16 U.S.C. 1361 et seq.), relating to a global 
        moratorium to prohibit certain tuna harvesting 
        practices. Sec. 3 amended the Tunas Conventions Act of 
        1950 and the South Pacific Tuna Act of 1988.


             d. Dolphin Protection Consumer Information Act

  Title IX of Public Law 101-627 [Fishery Conservation Amendments of 
1990; H.R. 2061] 104 Stat. 4436 at 4465, approved November 28, 1990; as 
   amended by Public Law 104-208 [Department of Commerce and Related 
  Agencies Appropriations Act; title II of sec. 101(a) of title I of 
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 
1996; and Public Law 105-42 [International Dolphin Conservation Program 
        Act; H.R. 408], 111 Stat. 1122, approved August 15, 1997

 AN ACT To authorize appropriations to carry out the Magnuson-Stevens 
 Fishery Conservation and Management Act \1\ through fiscal year 1993, 
                        and for other purposes.

          * * * * * * *

           TITLE IX--DOLPHIN PROTECTION CONSUMER INFORMATION

                           dolphin protection

    Sec. 901.\2\ (a) Short Title.--This section may be cited as 
the ``Dolphin Protection Consumer Information Act''.
---------------------------------------------------------------------------
    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    \2\ 16 U.S.C. 1385.
---------------------------------------------------------------------------
    (b) Findings.--The Congress finds that--
          (1) dolphins and other marine mammals are frequently 
        killed in the course of tuna fishing operations in the 
        eastern tropical Pacific Ocean and high seas driftnet 
        fishing in other parts of the world;
          (2) it is the policy of the United States to support 
        a worldwide ban on high seas driftnet fishing, in part 
        because of the harmful effects that such driftnets have 
        on marine mammals, including dolphins; and
          (3) consumers would like to know if the tuna they 
        purchase is falsely labeled as the effect of harvesting 
        of the tuna on dolphins.
    (c) Definitions.--For purposes of this section--
          (1) the terms ``driftnet'' and ``driftnet fishing'' 
        have the meanings given those terms in section 4003 of 
        the Driftnet Impact Monitoring, Assessment, and Control 
        Act of 1987 (16 U.S.C. 1822 note);
          (2) the term ``eastern tropical Pacific Ocean'' means 
        the area of the Pacific Ocean bounded by 40 degrees 
        north latitude, 40 degrees south latitude, 160 degrees 
        west longitude, and the western coastlines of North, 
        Central, and South America;
          (3) the term ``label'' means a display of written, 
        printed, or graphic matter on or affixed to the 
        immediate container of any article;
          (4) the term ``Secretary'' means the Secretary of 
        Commerce; and
          (5) the term ``tuna product'' means a food item which 
        contains tuna and which has been processed for retail 
        sale, except perishable sandwiches, salads, or other 
        products with a shelf life of less than 3 days.
    (d) \3\ Labeling Standard.--
          (1) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) for any producer, 
        importer, exporter, distributor, or seller of any tuna 
        product that is exported from or offered for sale in 
        the United States to include on the label of that 
        product the term `dolphin safe' or any other term or 
        symbol that falsely claims or suggests that the tuna 
        contained in the product were harvested using a method 
        of fishing that is not harmful to dolphins if the 
        product contains tuna harvested--
---------------------------------------------------------------------------
    \3\ Sec. 5(a) of Public Law 105-42 (111 Stat. 1125) amended and 
restated subsec. (d).
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 5(a) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998, and the Secretary of State made the 
certification on March 3, 1999.
---------------------------------------------------------------------------
                  (A) on the high seas by a vessel engaged in 
                driftnet fishing;
                  (B) outside the eastern tropical Pacific 
                Ocean by a vessel using purse seine nets--
                          (i) in a fishery in which the 
                        Secretary has determined that a regular 
                        and significant association occurs 
                        between dolphins and tuna (similar to 
                        the association between dolphins and 
                        tuna in the eastern tropical Pacific 
                        Ocean), unless such product is 
                        accompanied by a written statement, 
                        executed by the captain of the vessel 
                        and an observer participating in a 
                        national or international program 
                        acceptable to the Secretary, certifying 
                        that no purse seine net was 
                        intentionally deployed on or used to 
                        encircle dolphins during the particular 
                        voyage on which the tuna were caught 
                        and no dolphins were killed or 
                        seriously injured in the sets in which 
                        the tuna were caught; or
                          (ii) in any other fishery (other than 
                        a fishery described in subparagraph 
                        (D)) unless the product is accompanied 
                        by a written statement executed by the 
                        captain of the vessel certifying that 
                        no purse seine net was intentionally 
                        deployed on or used to encircle 
                        dolphins during the particular voyage 
                        on which the tuna was harvested;
                  (C) in the eastern tropical Pacific Ocean by 
                a vessel using a purse seine net unless the 
                tuna meet the requirements for being considered 
                dolphin safe under paragraph (2); or
                  (D) by a vessel in a fishery other than one 
                described in subparagraph (A), (B), or (C) that 
                is identified by the Secretary as having a 
                regular and significant mortality or serious 
                injury of dolphins, unless such product is 
                accompanied by a written statement executed by 
                the captain of the vessel and an observer 
                participating in a national or international 
                program acceptable to the Secretary that no 
                dolphins were killed or seriously injured in 
                the sets or other gear deployments in which the 
                tuna were caught, provided that the Secretary 
                determines that such an observer statement is 
                necessary.
          (2) For purposes of paragraph (1)(C), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is 
        dolphin safe if--
                  (A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is 
                not capable of deploying its purse seine nets 
                on or to encircle dolphins; or
                  (B)(i) the product is accompanied by a 
                written statement executed by the captain 
                providing the certification required under 
                subsection (h);
                  (ii) the product is accompanied by a written 
                statement executed by--
                          (I) the Secretary or the Secretary's 
                        designee;
                          (II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                          (III) an authorized representative of 
                        a participating nation whose national 
                        program meets the requirements of the 
                        International Dolphin Conservation 
                        Program,
                which states that there was an observer 
                approved by the International Dolphin 
                Conservation Program on board the vessel during 
                the entire trip and that such observer provided 
                the certification required under subsection 
                (h); and
                  (iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product; and
                  (C) the written statements and endorsements 
                referred to in subparagraph (B) comply with 
                regulations promulgated by the Secretary which 
                provide for the verification of tuna products 
                as dolphin safe.
          (3)(A) The Secretary of Commerce shall develop an 
        official mark that may be used to label tuna products 
        as dolphin safe in accordance with this Act.
          (B) A tuna product that bears the dolphin safe mark 
        developed under subparagraph (A) shall not bear any 
        other label or mark that refers to dolphins, porpoises, 
        or marine mammals.
          (C) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) to label a tuna 
        product with any label or mark that refers to dolphins, 
        porpoises, or marine mammals other than the mark 
        developed under subparagraph (A) unless--
                  (i) no dolphins were killed or seriously 
                injured in the sets or other gear deployments 
                in which the tuna were caught;
                  (ii) the label is supported by a tracking and 
                verification program which is comparable in 
                effectiveness to the program established under 
                subsection (f); and
                  (iii) the label complies with all applicable 
                labeling, marketing, and advertising laws and 
                regulations of the Federal Trade Commission, 
                including any guidelines for environmental 
                labeling.
          (D) If the Secretary determines that the use of a 
        label referred to in subparagraph (C) is substantially 
        undermining the conservation goals of the International 
        Dolphin Conservation Program, the Secretary shall 
        report that determination to the United States Senate 
        Committee on Commerce, Science, and Transportation and 
        the United States House of Representatives Committees 
        on Resources and on Commerce, along with 
        recommendations to correct such problems.
          (E) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) willingly and 
        knowingly to use a label referred to in subparagraph 
        (C) in a campaign or effort to mislead or deceive 
        consumers about the level of protection afforded 
        dolphins under the International Dolphin Conservation 
        Program.
    (e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.
    (f) \4\ Regulations.--The Secretary, in consultation with 
the Secretary of the Treasury, shall issue regulations to 
implement this Act, including regulations to establish a 
domestic tracking and verification program that provides for 
the effective tracking of tuna labeled under subsection (d). In 
the development of these regulations, the Secretary shall 
establish appropriate procedures for ensuring the 
confidentiality of proprietary information the submission of 
which is voluntary or mandatory. The regulations shall address 
each of the following items:
---------------------------------------------------------------------------
    \4\ Sec. 5(b) of Public Law 105-42 (111 Stat. 1127) amended and 
restated subsec. (f), which previously read as follows:
    ``(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement this 
section not later than 6 months after the date of the enactment of this 
Act, including regulations establishing procedures and requirements for 
ensuring that tuna products are labeled in accordance with subsection 
(d).''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 5(b) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998, and the Secretary of State made the 
certification on March 3, 1999.
---------------------------------------------------------------------------
          (1) The use of weight calculation for purposes of 
        tracking tuna caught, landed, processed, and exported.
          (2) Additional measures to enhance current observer 
        coverage, including the establishment of criteria for 
        training, and for improving monitoring and reporting 
        capabilities and procedures.
          (3) The designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying 
        both above and below deck, or through equally effective 
        methods, the tracking and verification of tuna labeled 
        under subsection (d).
          (4) The reporting, receipt, and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and 
        verification of tuna, and the definition of set.
          (5) The shore-based verification and tracking 
        throughout the fishing, transshipment, and canning 
        process by means of Inter-American Tropical Tuna 
        Commission trip records or otherwise.
          (6) The use of periodic audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d).
          (7) The provision of timely access to data required 
        under this subsection by the Secretary from harvesting 
        nations to undertake the actions required in paragraph 
        (6) of this paragraph.
The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to 
implement an international tracking and verification program 
that meets or exceeds the minimum requirements established by 
the Secretary under this subsection.
    (g) \5\ Secretarial Findings.--(1) Between March 1, 1999, 
and March 31, 1999, the Secretary shall, on the basis of the 
research conducted before March 1, 1999, under section 304(a) 
of the Marine Mammal Protection Act of 1972, information 
obtained under the International Dolphin Conservation Program, 
and any other relevant information, make an initial finding 
regarding whether the intentional deployment on or encirclement 
of dolphins with purse seine nets is having a significant 
adverse impact on any depleted dolphin stock in the eastern 
tropical Pacific Ocean. The initial finding shall be published 
immediately in the Federal Register and shall become effective 
upon a subsequent date determined by the Secretary.
---------------------------------------------------------------------------
    \5\ Sec. 5(c) of Public Law 105-42 (111 Stat. 1128) struck out 
subsecs. (g), (h), and (i), and inserted in lieu thereof new subsecs. 
(g) and (h). Subsec. (g) amended sec. 101(a)(2) of the Marine Mammal 
Protection Act of 1972. Subsecs. (h) and (i) previously read as 
follows:
    ``(h) Negotiations.--The Secretary of State shall immediately seek, 
through negotiations and discussions with appropriate foreign 
governments, to reduce and, as soon as possible, eliminate the practice 
of harvesting tuna through the use of purse seine nets intentionally 
deployed to encircle dolphins.
    ``(i) Effective Date.--Subsections (d) and (e) shall take effect 6 
months after the date of the enactment of this Act.''.
---------------------------------------------------------------------------
    (2) Between July 1, 2001, and December 31, 2002, the 
Secretary shall, on the basis of the completed study conducted 
under section 304(a) of the Marine Mammal Protection Act of 
1972, information obtained under the International Dolphin 
Conservation Program, and any other relevant information, make 
a finding regarding whether the intentional deployment on or 
encirclement of dolphins with purse seine nets is having a 
significant adverse impact on any depleted dolphin stock in the 
eastern tropical Pacific Ocean. The finding shall be published 
immediately in the Federal Register and shall become effective 
upon a subsequent date determined by the Secretary.
    (h) \5\ Certification by Captain and Observer.--
          (1) Unless otherwise required by paragraph (2), the 
        certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified in subsection (d)(2)(B)(ii) shall 
        be that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught.
          (2) The certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified under subsection (d)(2)(B)(ii) 
        shall be that no tuna were caught on the trip in which 
        such tuna were harvested using a purse seine net 
        intentionally deployed on or to encircle dolphins, and 
        that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught, if the 
        tuna were caught on a trip commencing--
                  (A) before the effective date of the initial 
                finding by the Secretary under subsection 
                (g)(1);
                  (B) after the effective date of such initial 
                finding and before the effective date of the 
                finding of the Secretary under subsection 
                (g)(2), where the initial finding is that the 
                intentional deployment on or encirclement of 
                dolphins is having a significant adverse impact 
                on any depleted dolphin stock; or
                  (C) after the effective date of the finding 
                under subsection (g)(2), where such finding is 
                that the intentional deployment on or 
                encirclement of dolphins is having a 
                significant adverse impact on any such depleted 
                stock.
             6. North Pacific Anadromous Stocks Act of 1992

 Partial text of Public Law 102-567 [National Oceanic and Atmospheric 
Administration Authorization Act of 1992, H.R. 2130], 106 Stat. 4270 at 
   4309, approved October 29, 1992; as amended by Public Law 104-43 
[Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 
  1995; and Public Law 106-562 [H.R. 1653], 114 Stat. 2784, approved 
                           December 23, 2005

    AN ACT To authorize appropriations for the National Oceanic and 
          Atmospheric Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

         TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

SEC. 801.\1\ SHORT TITLE.

    This title may be cited as the ``North Pacific Anadromous 
Stocks Act of 1992''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 5001 note. See also the North Pacific Anadromous 
Stocks Convention Act of 1992 (title VIII of Public Law 102-587; 106 
Stat. 5098).
---------------------------------------------------------------------------

SEC. 802.\2\ PURPOSE.

    It is the purpose of this title to implement the Convention 
for the Conservation of Anadromous Stocks in the North Pacific 
Ocean, signed in Moscow, February 11, 1992.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5001.
---------------------------------------------------------------------------

SEC. 803.\3\ DEFINITIONS.

    As used in this title, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5002.
---------------------------------------------------------------------------
          (1) ``Anadromous stocks'' means stocks of species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (2) ``Anadromous fish'' means fish of the species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (3) ``Authorized officer'' means a law enforcement 
        official authorized to enforce this title under section 
        809(a).
          (4) ``Commission'' means the North Pacific Anadromous 
        Fish Commission provided for by article VIII of the 
        Convention.
          (5) ``Convention'' means the Convention for the 
        Conservation of Anadromous Stocks of the North Pacific 
        Ocean, signed in Moscow, February 11, 1992.
          (6) ``Convention area'' means the waters of the North 
        Pacific Ocean and its adjacent seas, north of 33 
        degrees North Latitude, beyond 200 nautical miles from 
        the baselines from which the breadth of the territorial 
        sea is measured.
          (7) ``Directed fishing'' means fishing targeted at a 
        particular species or stock of fish.
          (8) ``Ecologically related species'' means living 
        marine species which are associated with anadromous 
        stocks found in the Convention area, including, but not 
        restricted to, both predators and prey of anadromous 
        fish.
          (9) ``Enforcement officer'' means a law enforcement 
        official authorized by any Party to enforce this title.
          (10) ``Exclusive economic zone'' means the zone 
        established by Proclamation Numbered 5030, dated March 
        10, 1983. For purposes of applying this title, the 
        inner boundary of that zone is a line coterminous with 
        the seaward boundary of each of the coastal States.
          (11) ``Fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life 
        other than marine mammals and birds.
          (12) ``Fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish, or any other activity that can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (B) any operation at sea in preparation for 
                or in direct support of any activity described 
                in subparagraph (A).
          (13) ``Fishing vessel'' means--
                  (A) any vessel engaged in catching fish 
                within the Convention area or in processing or 
                transporting fish loaded in the Convention 
                area;
                  (B) any vessel outfitted to engage in any 
                activity described in subparagraph (A);
                  (C) \4\ any vessel supporting a vessel 
                described in subparagraph (A) or (B).
---------------------------------------------------------------------------
    \4\ Sec. 404(b) of Public Law 104-43 (109 Stat. 391) amended and 
restated subpara. (C).
---------------------------------------------------------------------------
          (14) ``Incidental taking'' means catching, taking, or 
        harvesting a species or stock of fish while conducting 
        directed fishing for another species or stock of fish.
          (15) ``Party'' means Canada, Japan, the Russian 
        Federation, the United States, and any other nation 
        that may accede to the Convention.
          (16) ``Secretary'' means the Secretary of State.
          (17) ``United States Section'' means the United 
        States Commissioners of the Commission.

SEC. 804.\5\ UNITED STATES COMMISSIONERS.

    (a) Commissioners.--The United States shall be represented 
on the Commission by not more than three United States 
Commissioners to be appointed by and serve at the pleasure of 
the President. Each United States Commissioner shall be 
appointed for a term of office not to exceed 4 years, but is 
eligible for reappointment. Individuals serving as such 
Commissioners shall not be considered to be Federal employees 
while performing such service, except for purposes of injury 
compensation or tort claims liability as provided in chapter 81 
of title 5, United States Code, and chapter 171 of title 28, 
United States Code.\6\ Of the Commissioners--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 5003.
    \6\ Sec. 304(b) of Public Law 106-562 (114 Stat. 2807) inserted 
this sentence.
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government;
          (2) one shall be a resident of the State of Alaska; 
        and
          (3) one shall be a resident of the State of 
        Washington.
An individual is not eligible for appointment under paragraph 
(2) or (3) as a Commissioner unless the individual is 
knowledgeable or experienced concerning the anadromous stocks 
and ecologically related species of the North Pacific Ocean.
    (b) \7\ Alternate Commissioners.--The Secretary, in 
consultation with the Secretary of Commerce, may designate from 
time to time Alternate United States Commissioners to the 
Commission. An Alternate United States Commissioner may 
exercise all designated powers and duties of a United States 
Commissioner in the absence of a duly designated Commissioner 
for whatever reason. The number of such Alternate United States 
Commissioners that may be designated for any such meeting shall 
be limited to the number of authorized United States 
Commissioners that will not be present.
---------------------------------------------------------------------------
    \7\ The functions vested in the Secretary of State by secs. 804(b), 
805(a)(4), 806, 807(a), 807(b), and 813 of this Act were delegated to 
the Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs (Department of State Public Notice 
1743 of December 11, 1992; 57 F.R. 61468).
---------------------------------------------------------------------------
    (c) United States Section.--The United States Section, in 
consultation with the Advisory Panel established in section 
805, shall identify and recommend to the Commission research 
needs and priorities for anadromous stocks and ecologically 
related species subject to the Convention, and oversee the 
United States research programs involving such fisheries, 
stocks, and species.
    (d) Compensation.--United States Commissioners and 
Alternate United States Commissioners shall receive no 
compensation for their services as Commissioners and Alternate 
Commissioners.

SEC. 805.\8\ ADVISORY PANEL.

    (a) Establishment of Panel.--An Advisory Panel to the 
United States Section is established. The Advisory Panel shall 
be composed of the following:
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 5004.
---------------------------------------------------------------------------
          (1) The Commissioner of the Alaska Department of Fish 
        and Game.
          (2) The Director of the Washington Department of 
        Fisheries.
          (3) One representative of the Pacific States Marine 
        Fisheries Commission, designated by the Executive 
        Director of that commission.
          (4) \7\ Eleven members (six of whom shall be 
        residents of the State of Alaska and five of whom shall 
        be residents of the State of Washington), appointed by 
        the Secretary, in consultation with the Secretary of 
        Commerce, from among a slate of 12 persons nominated by 
        the Governor of Alaska and a slate of 10 persons 
        nominated by the Governor of Washington.
    (b) Qualifications.--Persons appointed to the Advisory 
Panel shall be individuals who are knowledgeable or experienced 
concerning anadromous stocks and ecologically related species. 
In submitting a slate of nominees pursuant to subsection 
(a)(4), the Governors of Alaska and Washington shall seek to 
represent the broad range of parties interested in anadromous 
stocks and ecologically related species, and at a minimum shall 
include on each slate at least one representative of commercial 
salmon fishing interests and of environmental interests 
concerned with protection of living marine resources.
    (c) Limitation on Service.--Any person appointed to the 
Advisory Panel pursuant to subsection (a)(4) shall serve for a 
term not to exceed 4 years, and may not serve more than two 
consecutive terms.
    (d) Functions.--The Advisory Panel shall be invited to all 
nonexecutive meetings of the United States Section and at such 
meetings shall be granted the opportunity to examine and to be 
heard on all proposed programs of study and investigation, 
reports, and recommendations of the United States Section.
    (e) Compensation and Expenses.--The members of the Advisory 
Panel shall receive no compensation or travel expenses for 
their services as such members.

SEC. 806.\7\, \9\ COMMISSION RECOMMENDATIONS.

    The Secretary,\6\ with the concurrence of the Secretary of 
Commerce, may accept or reject, on behalf of the United States, 
recommendations made by the Commission in accordance with 
article IX of the Convention.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5005.
---------------------------------------------------------------------------

SEC. 807.\10\ ADMINISTRATION AND ENFORCEMENT OF CONVENTION.

    (a) \7\ Responsibilities.--The Secretary of Commerce shall 
be responsible for administering provisions of the Convention, 
this title, and regulations issued under this title. The 
Secretary, in consultation with the Secretary of Commerce and 
the Secretary of Transportation, shall be responsible for 
coordinating the participation of the United States in the 
Commission.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 5006.
---------------------------------------------------------------------------
    (b) \7\ Consultation and Cooperation.--In carrying out such 
functions, the Secretary of Commerce--
          (1) shall, in consultation with the Secretary of 
        Transportation and the United States Section, issue 
        such regulations as may be necessary to carry out the 
        purposes and objectives of the Convention and this 
        title; and
          (2) may, with the concurrence of the Secretary, 
        cooperate with the authorized officials of the 
        government of any Party.

SEC. 808.\11\ COOPERATION WITH OTHER AGENCIES.

    (a) In General.--Any agency of the Federal Government is 
authorized, upon request of the Commission, to cooperate in the 
conduct of scientific and other programs, and to furnish, on a 
reimbursable basis, facilities and personnel for the purpose of 
assisting the Commission in carrying out its duties under the 
Convention. Such agency may accept reimbursement from the 
Commission.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 5007.
---------------------------------------------------------------------------
    (b) Functions of Secretary of Commerce.--In carrying out 
the provisions of the Convention and this title, the Secretary 
of Commerce may arrange for cooperation with agencies of the 
United States, the States, private institutions and 
organizations, and agencies of the government of any Party, to 
conduct scientific and other programs, and may execute such 
memoranda as may be necessary to reflect such agreements.

SEC. 809.\12\ ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries of Commerce and Transportation.--
This title shall be enforced by the Secretary of Commerce and 
the Secretary of Transportation. Such Secretaries may by 
agreement utilize, on a reimbursable basis or otherwise, the 
personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency, including 
all elements of the Department of Defense, and of any State 
agency, in the performance of such duties. Such Secretaries 
shall, and the head of any Federal or State agency that has 
entered into an agreement with either such Secretary under the 
preceding sentence may (if the agreement so provides), 
authorize officers to enforce the provisions of the Convention, 
this title, and regulations issued under this title. Any such 
agreement or contract entered into pursuant to this section 
shall be effective only to such extent or in such amounts as 
are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 5008.
---------------------------------------------------------------------------
    (b) District Court Jurisdiction.--The district courts of 
the United States shall have exclusive jurisdiction over any 
case or controversy arising under the provisions of this title.
    (c) Powers of Enforcement Officers.--Authorized officers 
may, shoreward of the outer boundary of the exclusive economic 
zone, or during hot pursuit from the zone--
          (1) with or without a warrant or other process--
                  (A) arrest any person, if the officer has 
                reasonable cause to believe that such person 
                has committed an act prohibited by section 810;
                  (B) board, and search or inspect, any fishing 
                vessel subject to the provisions of the 
                Convention and this title;
                  (C) seize any fishing vessel (together with 
                its fishing gear, furniture, appurtenances, 
                stores, and cargo) used or employed in, or with 
                respect to which it reasonably appears that 
                such vessel was used or employed in, the 
                violation of any provision of the Convention, 
                this title, or regulations issued under this 
                title;
                  (D) seize any fish (wherever found) taken or 
                retained in violation of any provision referred 
                to in subparagraph (C);
                  (E) seize any other evidence related to any 
                violation of any provision referred to in 
                subparagraph (C);
          (2) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          (3) exercise any other lawful authority.
    (d) Additional Powers.--(1) An authorized officer may in 
the Convention area--
          (A) board a vessel of any Party that reasonably can 
        be believed to be engaged in directed fishing for, 
        incidental taking of, or processing of anadromous fish, 
        and, without warrant or process, inspect equipment, 
        logs, documents, catch, and other articles, and 
        question persons, on board the vessel, for the purpose 
        of carrying out the provisions of the Convention, this 
        title, or any regulation issued under this title; and
          (B) If any such vessel or person on board is actually 
        engaged in operations in violation of any such 
        provision, or there is reasonable ground to believe any 
        person or vessel was obviously so engaged before the 
        boarding of such vessel by the authorized officer, 
        arrest or seize such person or vessel and further 
        investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has 
reasonable cause to believe that any such fishing vessel or 
person engaged in operations in violation of any provision 
referred to in subparagraph (A), the officer shall deliver the 
vessel or person as promptly as practicable to the enforcement 
officers of the appropriate Party, in accordance with the 
provisions of the Convention.
    (2) When requested by the appropriate authorities of a 
Party, an authorized officer may be directed to attend as a 
witness, and to produce such available records and files or 
duly certified copies thereof as may be necessary, for the 
prosecution by that Party of any violation of the provisions of 
the Convention or any law of that Party relating to the 
enforcement thereof.

SEC. 810.\13\ UNLAWFUL ACTIVITIES.

    It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 5009.
---------------------------------------------------------------------------
          (1) to fish for any anadromous fish in the Convention 
        area;
          (2) to retain on board any anadromous fish taken 
        incidentally in a fishery directed at nonanadromous 
        fish in the Convention area;
          (3) to fail to return immediately to the sea any 
        anadromous fish taken incidentally in a fishery 
        directed at nonanadromous fish in the Convention area;
          (4) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any anadromous fish taken or retained in 
        violation of the Convention, this title, or any 
        regulation issued under this title;
          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for purposes of conducting any search or inspection in 
        connection with the enforcement of the Convention, this 
        title, or any regulation issued under this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any search or inspection described in 
        paragraph (5);
          (7) to resist a lawful arrest or detection for any 
        act prohibited by this section;
          (8) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section; or
          (9) to violate any provision of the Convention, this 
        title, or any regulation issued under this title.

SEC. 811.\14\ PENALTIES.

    (a) Civil Penalties.--(1) Any person who is found by the 
Secretary of Commerce, after notice and opportunity for a 
hearing in accordance with section 554 of title 5, United 
States Code, to have committed an act prohibited by section 810 
shall be liable to the United States for a civil penalty. The 
amount of the civil penalty shall not exceed $100,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate offense. The amount of such civil penalty shall be 
assessed by the Secretary of Commerce, or the Secretary's 
designee, by written notice. In determining the amount of such 
penalty, the Secretary of Commerce shall take into account the 
nature, circumstances, extent, and gravity of the prohibited 
acts committed and, with respect to the violation, the degree 
of culpability, any history of prior offenses, ability to pay, 
and such other matters as justice may require.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 5010.
---------------------------------------------------------------------------
    (2) Any person against whom a civil penalty is assessed 
under paragraph (1) may obtain review thereof in the 
appropriate court of the United States by filing a complaint in 
such court within 30 days from the date of such order and by 
simultaneously serving a copy of such complaint by certified 
mail on the Secretary of Commerce, the Attorney General, and 
the appropriate United States Attorney. The Secretary of 
Commerce shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. The findings and order of the Secretary of Commerce shall 
be set aside by such court if they are not found to be 
supported by substantial evidence, as provided in section 
706(2) of title 5, United States Code.
    (3) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court has entered final judgment in favor 
of the Secretary of Commerce, the matter shall be referred to 
the Attorney General, who shall recover the amount assessed in 
any appropriate district court of the United States. In such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
    (4) A fishing vessel (including its fishing gear, 
furniture, appurtenances, stores, and cargo) used in the 
commission of an act prohibited by section 810 shall be liable 
in rem for any civil penalty assessed for such violation under 
paragraph (1) and may be proceeded against in any district 
court of the United States having jurisdiction thereof. Such 
penalty shall constitute a maritime lien on such vessel that 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
    (5) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty that is 
subject to imposition or that has been imposed under this 
section.
    (6) For the purposes of conducting any hearing under this 
section, the Secretary of Commerce may issue subpoenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this paragraph, the district 
court of the United States for any district in which such 
person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Secretary 
of Commerce or to appear and produce documents before the 
Secretary of Commerce, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof.
    (b) Offenses.--(1) A person is guilty of an offense if the 
person commits any act prohibited by section 810 (5), (6), (7), 
or (8).
    (2) Any offense described in paragraph (1) is a class A 
misdemeanor punishable by a fine under title 18, United States 
code, or imprisonment for not more than 6 months, or both; 
except that if in the commission of any offense the person uses 
a dangerous weapon, engages in conduct that causes bodily 
injury to any enforcement officer, or places any such officer 
in fear of imminent bodily injury, the offense is a felony 
punishable by a fine under title 18, United States Code, or 
imprisonment for not more than 10 years, or both.
    (c) Forfeiture.--(1) Any fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) 
used, and any fish (or a fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of 
the commission of any act prohibited by section 810 shall be 
subject to forfeiture to the United States. All or part of such 
vessel may, and all such fish shall, be forfeited to the United 
States pursuant to a civil proceeding under this section.
    (2) Any district court of the United States shall have 
jurisdiction, upon application of the Attorney General on 
behalf of the United States, to order any forfeiture authorized 
under paragraph (1) and any action provided for under paragraph 
(4).
    (3) if a judgment is entered for the United States in a 
civil forfeiture proceeding under this section, the Attorney 
General may seize any property or other interest declared 
forfeited to the United States, which has not previously been 
seized pursuant to this title or for which security has not 
previously been obtained. The provisions of the customs laws 
relating to--
          (A) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          (B) the disposition of such property or the proceeds 
        from the sale thereof; and
          (C) the remission or mitigation of any such 
        forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this title, unless 
such provisions are inconsistent with the purposes, policy, and 
provisions of this title.
    (4)(A) Any officer authorized to serve any process in rem 
that is issued by a court having jurisdiction under section 
809(b) shall--
          (i) stay the execution of such process; or
          (ii) discharge any fish seized pursuant to such 
        process;
upon receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security 
shall be conditioned upon such person delivering such property 
to the appropriate court upon order thereof, without any 
impairment of its value, or paying the monetary value of such 
property pursuant to an order of such court. Judgment shall be 
recoverable on such bond or other security against both the 
principal and any sureties in the event that any condition 
thereof is breached, as determined by such court.
    (B) Any fish seized pursuant to this title may be sold, 
subject to the approval and direction of the appropriate court, 
for not less than the fair market value thereof. The proceeds 
of any such sale shall be deposited with such court pending the 
disposition of the matter involved.
    (5) For purposes of this section, it shall be a rebuttable 
presumption that all fish found on board a fishing vessel and 
which is seized in connection with an act prohibited by section 
810 were taken or retained in violation of the Convention and 
this title.

SEC. 812.\15\ FUNDING REQUIREMENTS.

    (a) Authorization.--There are authorized to be appropriated 
from time to time such sums as may be necessary for carrying 
out the purposes and provisions of the Convention and this 
title, including--
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 5011.
---------------------------------------------------------------------------
          (1) necessary travel expenses of the United States 
        Commissioners or Alternate Commissioners; and
          (2) the United States' share of the joint expenses of 
        the Commission.
    (b) Research.--Such funds as shall be made available to the 
Secretary of Commerce for research and related activities shall 
be expended to carry out the program of the Commission in 
accordance with the recommendations of the United States 
Section and to carry out other research and observer programs 
pursuant to the Convention.

SEC. 813.\7\, \16\ DISPOSITION OF PROPERTY.

    The Secretary shall dispose of any United States property 
held by the International North Pacific Fisheries Commission on 
the date of its termination in a manner that would further the 
purposes of this title.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 5012.
---------------------------------------------------------------------------

SEC. 814.\17\ REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.

    The Act of August 12, 1954 (16 U.S.C. 1021-1035) is 
repealed.
---------------------------------------------------------------------------
    \17\ The North Pacific Fisheries Act of 1954 (Public Law 83-579; 16 
U.S.C. 1021-1035) gave effect to the International Convention for the 
High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 
1952.
                          7. Driftnet Fishing

            a. High Seas Driftnet Fisheries Enforcement Act

    Partial text of Public Law 102-582 [H.R. 2152], 106 Stat. 4900, 
 approved November 2, 1992; as amended by Public Law 104-43 [Fisheries 
 Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; and 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
    104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

AN ACT To enhance the effectiveness of the United Nations international 
                 driftnet fishery conservation program.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``High Seas Driftnet Fisheries 
Enforcement Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND POLICY.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1826a note.
---------------------------------------------------------------------------
          (1) Large-scale driftnet fishing on the high seas is 
        highly destructive to the living marine resources and 
        ocean ecosystems of the world's oceans, including 
        anadromous fish and other living marine resources of 
        the United States.
          (2) The cumulative effects of large-scale driftnet 
        fishing pose a significant threat to the marine 
        ecosystem, and slow-reproducing species like marine 
        mammals, sharks, and seabirds may require many years to 
        recover.
          (3) Members of the international community have 
        reviewed the best available scientific data on the 
        impacts of large-scale pelagic driftnet fishing, and 
        have failed to conclude that this practice has no 
        significant adverse impacts which threaten the 
        conservation and sustainable management of living 
        marine resources.
          (4) The United Nations, via General Assembly 
        Resolutions numbered 44-225, 45-197, and most recently 
        46-215 (adopted on December 20, 1991), has called for a 
        worldwide moratorium on all high seas driftnet fishing 
        by December 31, 1992, in all the world's oceans, 
        including enclosed seas and semi-enclosed seas.
          (5) The United Nations has commended the unilateral, 
        regional, and international efforts undertaken by 
        members of the international community and 
        international organizations to implement and support 
        the objectives of the General Assembly resolutions.
          (6) Operative paragraph (4) of United Nations General 
        Assembly Resolution numbered 46-215 specifically 
        ``encourages all members of the international community 
        to take measures individually and collectively to 
        prevent large-scale pelagic driftnet fishing operations 
        on the high seas of the world's oceans and seas''.
          (7) The United States, in section 307(1)(M) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1857(1)(M)),\3\ has specifically 
        prohibited the practice of large-scale driftnet fishing 
        by United States nationals and vessels both within the 
        exclusive economic zone of the United States and beyond 
        the exclusive economic zone of any nation.
---------------------------------------------------------------------------
    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (8) The Senate, through Senate Resolution 396 of the 
        One Hundredth Congress (approved on March 18, 1988), 
        has called for a moratorium on fishing in the Central 
        Bering Sea and the United States has taken concrete 
        steps to implement such moratorium through 
        international negotiations.
          (9) Despite the continued evidence of a decline in 
        the fishery resources of the Bering Sea and the 
        multiyear cooperative negotiations undertaken by the 
        United States, the Russian Federation, Japan, and other 
        concerned fishing nations, some nations refuse to agree 
        to measures to reduce or eliminate unregulated fishing 
        practices in the waters of the Bering Sea beyond the 
        exclusive economic zones of the United States and the 
        Russian Federation.
          (10) In order to ensure that the global moratorium on 
        large-scale driftnet fishing called for in United 
        Nations General Assembly Resolution numbered 46-215 
        takes effect by December 31, 1992, and that unregulated 
        fishing practices in the waters of the Central Bering 
        Sea are reduced or eliminated, the United States should 
        take the actions described in this Act and encourage 
        other nations to take similar action.
    (b) Policy.--It is the stated policy of the United States 
to--
          (1) implement United Nations General Assembly 
        Resolution numbered 46-215, approved unanimously on 
        December 20, 1991, which calls for an immediate 
        cessation to further expansion of large-scale driftnet 
        fishing, a 50 percent reduction in existing large-scale 
        driftnet fishing effort by June 30, 1992, and a global 
        moratorium on the use of large-scale driftnets beyond 
        the exclusive economic zone of any nation by December 
        31, 1992;
          (2) bring about a moratorium on fishing in the 
        Central Bering Sea, or an international conservation 
        and management agreement to which the United States and 
        the Russian Federation are parties that regulates 
        fishing in the Central Bering Sea; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.

            TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING

SEC. 101.\4\ DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS 
                    LARGE-SCALE DRIFTNET FISHING.

    (a) Denial of Port Privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 1826a.
---------------------------------------------------------------------------
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized 
        principles of international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph (1); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
    (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing beyond the 
                        exclusive economic zone of any nation; 
                        and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing beyond 
                the exclusive economic zone of any nation, the 
                Secretary of Commerce shall--
                          (i) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing by the nationals or 
        vessels of that nation beyond the exclusive economic 
        zone of any nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A); or
                          (ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that nation.
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1), the Secretary shall 
                determine whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing conducted by its 
                        nationals and vessels beyond the 
                        exclusive economic zone of any nation; 
                        or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

SEC. 102.\5\ DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

    Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing by its nationals and vessels beyond the exclusive 
economic zone of any nation.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 1826b.
---------------------------------------------------------------------------

SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.

    Section 101(a)(2) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(a)(2)) is amended--
          (1) in subparagraph (E)(i) by striking ``July 1, 
        1992'' and inserting in lieu thereof ``January 1, 
        1993''; and
          (2) in the last sentence by inserting ``, except 
        that, until January 1, 1994, the term `driftnet' does 
        not include the use in the northeast Atlantic Ocean of 
        gillnets with a total length not to exceed five 
        kilometers if the use is in accordance with regulations 
        adopted by the European Community pursuant to the 
        October 28, 1991, decision by the Council of Fisheries 
        Ministers of the Community'' immediately after ``(16 
        U.S.C. 1822 note)''.

SEC. 104.\6\ DEFINITIONS.

    In this title, the following definitions apply:
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1826c.
---------------------------------------------------------------------------
          (1) Fish and fish products.--The term ``fish and fish 
        products'' means any aquatic species (including marine 
        mammals and plants) and all products thereof exported 
        from a nation, whether or not taken by fishing vessels 
        of that nation or packed, processed, or otherwise 
        prepared for export in that nation or within the 
        jurisdiction thereof.
          (2) Large-scale driftnet fishing.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``large-scale 
                driftnet fishing'' means a method of fishing in 
                which a gillnet composed of a panel or panels 
                of webbing, or a series of such gillnets, with 
                a total length of two and one-half kilometers 
                or more is placed in the water and allowed to 
                drift with the currents and winds for the 
                purpose of entangling fish in the webbing.
                  (B) Exception.--Until January 1, 1994, the 
                term ``large-scale driftnet fishing'' does not 
                include the use in the northeast Atlantic Ocean 
                of gillnets with a total length not to exceed 
                five kilometers if the use is in accordance 
                with regulations adopted by the European 
                Community pursuant to the October 28, 1991, 
                decision by the Council of Fisheries Ministers 
                of the Community.
          (3) Large-scale driftnet fishing vessel.--The term 
        ``large-scale driftnet fishing vessel'' means any 
        vessel which is--
                  (A) used for, equipped to be used for, or of 
                a type which is normally used for large-scale 
                driftnet fishing; or
                  (B) used for aiding or assisting one or more 
                vessels at sea in the performance of large-
                scale driftnet fishing, including preparation, 
                supply, storage, refrigeration, transportation, 
                or processing.

               TITLE II--FISHERIES CONSERVATION PROGRAMS

SEC. 201.\7\ IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE ACT OF 
                    1967. * * *
---------------------------------------------------------------------------

    \7\ Sec. 201 amended sec. 8 of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1978).
---------------------------------------------------------------------------

SEC. 202.\8\ ENFORCEMENT.

    (a) In General.--Not later than six months after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating, the Secretary of 
Commerce, and the Secretary of Defense shall enter into an 
agreement under section 311(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861(a)) \9\ in 
order to make more effective the enforcement of domestic laws 
and international agreements that conserve and manage the 
living marine resources of the United States.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 1861 note.
    \9\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    (b) Terms.--The agreement entered into under subsection (a) 
shall include--
          (1) procedures for identifying and providing the 
        location of vessels that are in violation of domestic 
        laws or international agreements to conserve and manage 
        the living marine resources of the United States;
          (2) requirements for the use of the surveillance 
        capabilities of the Department of Defense; and
          (3) procedures for communicating vessel locations to 
        the Secretary of Commerce and the Coast Guard.

SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT.

    It is the sense of the Congress that the President, in 
carrying out multilateral, bilateral, and regional trade 
negotiations, should seek to--
          (1) address environmental issues related to the 
        negotiations;
          (2) modify articles of the General Agreement on 
        Tariffs and Trade (referred to in this section as 
        ``GATT'') to take into consideration the national 
        environmental laws of the GATT Contracting Parties and 
        international environmental treaties;
          (3) secure a working party on trade and the 
        environment within GATT as soon as possible;
          (4) take an active role in developing trade policies 
        that make GATT more responsive to national and 
        international environmental concerns;
          (5) include Federal agencies with environmental 
        expertise during the negotiations to determine the 
        impact of the proposed trade agreements on national 
        environmental law; and
          (6) periodically consult with interested parties 
        concerning the progress of the negotiations.

         TITLE III--FISHERIES ENFORCEMENT IN CENTRAL BERING SEA

SEC. 301.\10\ SHORT TITLE.

    This title may be cited as the ``Central Bering Sea 
Fisheries Enforcement Act of 1992''.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 1823 note.
---------------------------------------------------------------------------

SEC. 302.\10\ PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND 
                    NATIONALS.

    (a) Prohibition.--Vessels and nationals of the United 
States are prohibited from conducting fishing operations in the 
Central Bering Sea and the Central Sea of Okhotsk,\11\ except 
where such fishing operations are conducted in accordance with 
an international fishery agreement to which the United States 
and the Russian Federation are parties.
---------------------------------------------------------------------------
    \11\ Sec. 502(a) of the Sea of Okhotsk Fisheries Enforcement Act of 
1995 (title V of the Fisheries Act of 1995; Public Law 104-43; 109 
Stat. 391) inserted ``and the Central Sea of Okhotsk''.
---------------------------------------------------------------------------
    (b) Civil Penalties and Permit Sanctions.--A violation of 
this section shall be subject to civil penalties and permit 
sanctions under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).\9\

SEC. 303.\10\ PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.

    (a) Denial of Port Privileges.--The Secretary of the 
Treasury shall, after December 31, 1992, in accordance with 
recognized principles of international law--
          (1) withhold or revoke the clearance required by 
        section 4197 of the Revised Statutes of the United 
        States (46 App. U.S.C. 91) for any fishing vessel 
        documented under the laws of a nation that is included 
        on a list published under subsection (b); and
          (2) deny entry of such fishing vessel to any place in 
        the United States and to the navigable waters of the 
        United States.
    (b) Publication of List.--Not later than forty-five days 
after the date of enactment of this Act, the Secretary of 
Commerce, in consultation with the Secretary of State and the 
Secretary of the department in which the Coast Guard is 
operating, shall publish in the Federal Register a list of 
nations whose nationals or vessels conduct fishing operations 
in the Central Bering Sea, except where such fishing operations 
are in accordance with an international fishery agreement to 
which the United States and the Russian Federation are parties. 
The Secretary shall publish as an addendum to the list the name 
of each vessel documented under the laws of each listed nation 
which conducts fishing operations in the Central Bering Sea. A 
revised list shall be published whenever the list is no longer 
accurate, except that a nation may not be removed from the list 
unless--
          (1) the nationals and vessels of that nation have not 
        conducted fishing operations in the Central Bering Sea 
        for the previous ninety days and the nation has 
        committed, through a bilateral agreement with the 
        United States or in any other manner acceptable to the 
        Secretary of Commerce, not to permit its nationals or 
        vessels to resume such fishing operations; or
          (2) the nationals and vessels of that nation are 
        conducting fishing operations in the Central Bering Sea 
        that are in accordance with an international fishery 
        agreement to which the United States and the Russian 
        Federation are parties.
    (c) Notification of Nation.--Before the publication of a 
list of nations under subsection (b), the Secretary of State 
shall notify each nation included on that list and explain the 
requirement to deny the port privileges of fishing vessels of 
that nation under subsection (a) as a result of such 
publication.

SEC. 304.\10\ DURATION OF PORT PRIVILEGES DENIAL.

    Any denial of port privileges under section 303 with 
respect to any fishing vessel of a nation shall remain in 
effect until such nation is no longer listed under section 
303(b).

SEC. 305.\10\ RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE 
                    ECONOMIC ZONE.

    (a) Regulations.--Within one hundred and eighty days after 
the date of enactment of this Act, after notice and public 
comment, the Secretary of Commerce shall issue regulations, 
under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) \9\ and any other applicable law, 
to prohibit--
          (1) any permitted fishing vessel from catching, 
        taking, or harvesting fish in a fishery under the 
        geographical authority of the North Pacific Fishery 
        Management Council if such vessel is owned or 
        controlled by any person that also owns or controls a 
        fishing vessel that is listed on the addendum under 
        section 303(b);
          (2) any processing facility from receiving any fish 
        caught, taken, or harvested in a fishery under the 
        geographical authority of the North Pacific Fishery 
        Management Council if such facility is owned or 
        controlled by any person that also owns or controls a 
        fishing vessel that is listed on the addendum under 
        section 303(b); and
          (3) any permitted fishing vessel from delivering fish 
        caught, taken, or harvested in a fishery under the 
        geographic authority of the North Pacific Fishery 
        Management Council to a processing facility that is 
        owned or controlled by any person that also owns or 
        controls a fishing vessel that is listed on the 
        addendum under section 303(b).
    (b) Requirement for Submission of Documents.--The Secretary 
of Commerce shall require under any regulations issued under 
subsection (a) the submission of any affidavits, financial 
statements, corporate agreements, and other documents that the 
Secretary of Commerce determines, after notice and public 
comment, are necessary to ensure that all vessels and 
processing facilities are in compliance with this section.
    (c) Appeals; Duration of Prohibitions.--The regulations 
issued under subsection (a) shall--
          (1) establish procedures for a person to appeal a 
        decision to impose a prohibition under subsection (a) 
        on a vessel or processing facility owned or controlled 
        by that person; and
          (2) specify procedures for the removal of any 
        prohibition imposed on a vessel or processing facility 
        under subsection (a)--
                  (A) upon publication of a revised list under 
                section 303(b), and a revised addendum which 
                does not include a fishing vessel owned or 
                controlled by the person who also owns or 
                controls the vessel or facility to which the 
                prohibition applies; or
                  (B) on the date that is ninety days after 
                such person terminates ownership and control in 
                fishing vessels that are listed on the addendum 
                under section 303(b).

SEC. 306.\10\ DEFINITIONS.

    In this title, the following definitions apply:
          (1) Central bering sea.--The term ``Central Bering 
        Sea'' means the central Bering Sea area which is more 
        than two hundred nautical miles seaward of the 
        baselines from which the breadth of the territorial 
        seas of the United States and the Russian Federation 
        are measured.
          (2) \12\ Central sea of okhotsk.--The term ``Central 
        Sea of Okhotsk'' means the Central Sea of Okhotsk area 
        which is more than two hundred nautical miles seaward 
        of the baseline from which the breadth of the 
        territorial sea of the Russian Federation is measured.
---------------------------------------------------------------------------
    \12\ Sec. 502(b) of Public Law 104-43 (109 Stat. 391) redesignated 
paras. (2) through (6) as paras. (3) through (7), respectively, and 
added a new para. (2).
---------------------------------------------------------------------------
          (3) \12\ Fishing vessel.--The term ``fishing vessel'' 
        means any vessel which is used for--
                  (A) catching, taking, or harvesting fish; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of fishing 
                operations, including preparation, supply, 
                storage, refrigeration, transportation, or 
                processing.
          (4) \12\ Owns or controls.--When used in reference to 
        a vessel or processing facility--
                  (A) the term ``owns'' means holding legal 
                title to the vessel or processing facility; and
                  (B) the term ``controls'' includes an 
                absolute right to direct the business of the 
                person owning the vessel or processing 
                facility, to limit the actions of or replace 
                the chief executive officer (by whatever 
                title), a majority of the board of directors, 
                or any general partner (as applicable) of such 
                person, to direct the transfer or operations of 
                the vessel or processing facility, or otherwise 
                to exercise authority over the business of such 
                person, but the term does not include the right 
                simply to participate in those activities of 
                such person or the right to receive a financial 
                return, such as interest or the equivalent of 
                interest, on a loan or other financing 
                obligation.
          (5) \12\ Permitted fishing vessel.--The term 
        ``permitted fishing vessel'' means any fishing vessel 
        that is subject to a permit issued by the Secretary of 
        Commerce under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).\9\
          (6) \12\ Person.--The term ``person'' means any 
        individual (whether or not a citizen of the United 
        States), any corporation, partnership, association, 
        cooperative, or other entity (whether or not organized 
        under the laws of any State), and any State, local, or 
        foreign government, or any entity of such government or 
        the Federal Government.
          (7) \12\ Processing facility.--The term ``processing 
        facility'' means any fish processing establishment or 
        fish processing vessel that receives unprocessed fish.

SEC. 307.\10\ TERMINATION.

    This title shall cease to have force and effect after the 
date that is seven years after the date of enactment of this 
Act, except that any proceeding with respect to violations of 
section 302 occurring prior to such termination date shall be 
conducted as if that section were still in effect.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA 
                    PRODUCTS.

    (a) Intermediary Nation Defined.--Section 3 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by 
redesignating paragraphs (5) through (14) as paragraphs (6) 
through (15), respectively, and by inserting immediately after 
paragraph (4) the following new paragraph:
          ``(5) The term `intermediary nation' means a nation 
        that exports yellowfin tuna or yellowfin tuna products 
        to the United States and that imports yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation into the United States pursuant to 
        section 101(a)(2)(B).''.
    (b) Embargo on Imports From Intermediary Nations.--Section 
101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1371(a)(2)(C)) is amended to read as follows:
          ``(C) shall require the government of any 
        intermediary nation to certify and provide reasonable 
        proof to the Secretary that it has not imported, within 
        the preceding six months, any yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation to the United States under 
        subparagraph (B);''.

SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS.

    For purposes of employee rights and entitlements conferred 
by or pursuant to subchapter IV of chapter 35 of title 5, 
United States Code, the Secretary of State may, notwithstanding 
any other law or regulation, extend the reemployment rights of 
an employee of the United States who, as of January 1, 1992, 
was serving with the Intergovernmental Panel on Climate Change. 
Such extension may be made for two years, and may be further 
extended for one year, if the Secretary of State determines 
that such service is in the national interest and is necessary 
to facilitate the activities of the Intergovernmental Panel on 
Climate Change or any successor organization.
          * * * * * * *
         b. Driftnet Impact Monitoring, Assessment, and Control

 Title IV of Public Law 100-220 [United States-Japan Fishery Agreement 
Approval Act of 1987; H.R. 3674], 100 Stat. 1458, approved December 29, 
  1987; as amended by Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
                                30, 1996

AN ACT To provide congressional approval of the Governing International 
 Fishery Agreements between the United States and Japan; to implement 
   the provisions of Annex V to the International Convention for the 
 Prevention of Pollution from Ships, 1973; to reauthorize the National 
 Sea Grant College Program Act; to improve efforts to monitor, assess, 
  and reduce the adverse impacts of driftnets; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

     TITLE IV--DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL

SEC. 4001.\1\ SHORT TITLE.

    This title may be cited as the ``Driftnet Impact 
Monitoring, Assessment, and Control Act of 1987.''
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1822 note. See also sec. 206 of the Magnuson-Stevens 
Fishery Conservation and Management Act, as amended.
---------------------------------------------------------------------------

SEC. 4002. FINDINGS

    The Congress finds that--
          (1) the use of long plastic driftnets is a fishing 
        technique that may result in the entanglement and death 
        of enormous numbers of target and nontarget marine 
        resources in the waters of the North Pacific Ocean, 
        including the Bering Sea;
          (2) there is a pressing need for detailed and 
        reliable information on the number of marine resources 
        that become entangled and die in actively fished 
        driftnets and in driftnets that are lost, abandoned, or 
        discarded; and
          (3) increased efforts are necessary to monitor, 
        assess, and reduce the adverse impacts of driftnets.

SEC. 4003. DEFINITIONS.

    As used in this title--
          (1) Driftnet.--The term ``driftnet'' means a gillnet 
        composed of a panel of plastic webbing one and one-half 
        miles or more in length.
          (2) Driftnet fishing.--The term ``driftnet fishing'' 
        means a fish-harvesting method in which a driftnet is 
        placed in water and allowed to drift with the currents 
        and winds for the purpose of entangling fish in the 
        webbing.
          (3) Exclusive economic zone of the united states.--
        The term ``exclusive economic zone of the United 
        States'' means the zone defined in section 3(6) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1802(b)).\2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (4) Marine resources.--The term ``marine resources'' 
        includes fish, shellfish, marine mammals, seabirds, and 
        other forms of marine life or waterfowl.
          (5) Marine resources of the united states.--The term 
        ``marine resources of the United States'' means--
                  (A) marine resources found in, or which breed 
                within, areas subject to the jurisdiction of 
                the United States, including the exclusive 
                economic zone of the United States; and
                  (B) species of fish, wherever found, that 
                spawn in the fresh or estuarine waters of the 
                United States.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.

SEC. 4004. MONITORING AGREEMENTS

    (a) Negotiations.--The Secretary, through the Secretary of 
State and in consultation with the Secretary of the Interior, 
shall immediately initiate, negotiations with each foreign 
government that conducts, or authorizes its nationals to 
conduct, driftnet fishing that results in the taking of marine 
resources of the United States in waters of the North Pacific 
Ocean outside of the exclusive economic zone and territorial 
sea of any nation, for the purpose of entering into agreements 
for statistically reliable cooperative monitoring and 
assessment of the numbers of marine resources of the United 
States killed and retrieved, discarded, or lost by the foreign 
government's driftnet fishing vessels. Such agreements shall 
provide for--
          (1) the use of a sufficient number of vessels from 
        which scientists of the United States and the foreign 
        governments may observe and gather reliable 
        information; and
          (2) appropriate methods of sharing equally the costs 
        associated with such activities.
    (b) Report.--The Secretary, in consultation with the 
Secretary of State, shall provide to the Congress not later 
than 1 year after the date of enactment of this Act a full 
report on the results of negotiations under this section.

SEC. 4005. IMPACT REPORT.

    (a) In General.--The Secretary shall provide to the 
Congress within 1 year after the date of the enactment of this 
Act, and at such other times thereafter as the Secretary 
considers appropriate, a report identifying the nature, extent, 
and effects of driftnet fishing in waters of the North Pacific 
Ocean on marine resources of the United States. The report 
shall include the best available information on--
          (1) the number and flag state of vessels involved;
          (2) the areas fished;
          (3) the length, width, and mesh size of driftnets 
        used;
          (4) the number of marine resources of the United 
        States killed by such fishing;
          (5) the effect of seabird mortality, as determined by 
        the Secretary of the Interior, on seabird populations; 
        and
          (6) any other information the Secretary considers 
        appropriate.
    (b) Information From Foreign Governments.--The Secretary, 
through the Secretary of State, shall--
          (1) request relevant foreign governments to provide 
        the information described in subsection (a), and
          (2) include in a report under this section the 
        information so provided and an evaluation of the 
        adequacy and reliability of such information.

SEC. 4006. ENFORCEMENT AGREEMENTS.

    (a) Negotiations.--The Secretary shall immediately 
initiate, through the Secretary of State and in consultation 
with the Secretary of the Department in which the Coast Guard 
is operating negotiations with each foreign government that 
conducts, or authorizes its nationals to conduct, driftnet 
fishing that results in the taking of marine resources of the 
United States in waters of the North Pacific Ocean outside of 
the exclusive economic zone and territorial sea of any nation, 
for the purpose of entering into agreements for effective 
enforcement of laws, regulations, and agreements applicable to 
the location, season, and other aspects of the operations of 
the foreign government's driftnet fishing vessels. Such 
agreements shall include measures for--
          (1) the effective monitoring and detection of 
        violations;
          (2) the collection and presentation of such evidence 
        of violations as may be necessary for the successful 
        prosecution of such violations by the responsible 
        authorities;
          (3) reporting to the United States of penalties 
        imposed by the foreign governments for violations; and
          (4) appropriate methods for sharing equally the costs 
        associated with such activities.
    (b) Certification For Purposes Of Fishermen's Protective 
Act of 1967.--If the Secretary, in consultation with the 
Secretary of State, determines that a foreign government has 
failed, within 18 months after the date of the enactment of 
this Act, to enter into and implement an agreement under 
subsection (a) or section 4004(a) that is adequate, the 
Secretary shall certify such fact to the President, which 
certification shall be deemed to be a certification for the 
purposes of section 8(a) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1978(a)).

SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

    (a) Marking, Registry, and Identification System.--The 
Secretary shall evaluate, in consultation with officials of 
other Federal agencies and such other persons as may be 
appropriate, the feasibility of and develop recommendations for 
the establishment of a driftnet marking, registry, and 
identification system to provide a reliable method for the 
determination of the origin by vessel, of lost, discarded, or 
abandoned driftnets and fragments of driftnets. In conducting 
such evaluation, the Secretary shall consider the adequacy of 
existing driftnet identification systems of foreign nations and 
the extent to which these systems achieve the objectives of 
this title.
    (b) Alternative Driftnet Materials.--The Secretary, in 
consultation with such other persons as may be appropriate, 
shall evaluate the feasibility of, and develop appropriate 
recommendations for, the use of alternative materials in 
driftnets for the purpose of increasing the rate of 
decomposition of driftnets that are discarded or lost at sea.
    (c) Driftnet Bounty System.--The Secretary, in consultation 
with such other persons as may be appropriate, shall evaluate 
the feasibility of and develop appropriate recommendations for 
the implementation of a driftnet bounty system to pay persons 
who retrieve from the exclusive economic zone and deposit with 
the Secretary lost, abandoned, and discarded driftnet and other 
plastic fishing material.
    (d) Driftnet Fishing Vessel Tracking System.--The 
Secretary, in consultation with such other persons as may be 
appropriate, shall evaluate the feasibility of, and develop 
appropriate recommendations for, the establishment of a 
cooperative driftnet fishing vessel tracking system to 
facilitate efforts to monitor the location of driftnet fishing 
vessels.
    (e) Report.--The Secretary shall transmit to the Congress 
not later than 18 months after the date of the enactment of 
this Act a report setting forth--
          (1) the evaluations and recommendations developed 
        under subsections (a), (b), (c), and (d);
          (2) the most effective and appropriate means of 
        implementing such recommendations;
          (3) any need for further research and development 
        efforts and the estimated cost and time required for 
        completion of such efforts; and
          (4) any need for legislation to provide authority to 
        carry out such recommendations.

SEC. 4008. CONSTRUCTION WITH OTHER LAWS.

     This title shall not serve or be construed to expand or 
diminish the sovereign rights of the United States, as stated 
by Presidential Proclamation Numbered 5030, dated March 10, 
1983, and reflected in existing law on the date of the 
enactment of this Act.

SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department 
of Commerce and the Department of State, such sums as may be 
necessary to carry out the purposes of this title.
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
                                  \1\

Partial text of Public Law 101-646 [H.R. 5390] 104 Stat. 4761, approved 
  November 29, 1990; as amended by Public Law 104-332 [H.R. 4283] 110 
                 Stat. 4091, approved October 26, 1996

AN ACT To prevent and control infestations of the coastal inland waters 
   of the United States by the zebra mussel and other nonindigenous 
aquatic nuisance species, to reauthorize the National Sea Grant College 
                    Program, and for other purposes.

            TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                     Subtitle A--General Provisions

SECTION 1001.\2\ SHORT TITLE.

    This title may be cited as the ``Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990''.
---------------------------------------------------------------------------
    \1\ This Act was originally enrolled and printed in its entirety in 
quotation marks. Sec. 2(h) of the National Invasive Species Act of 1996 
(Public Law 104-332; 110 Stat. 4091) struck out the quotation marks in 
titles I, II, and IV.
    \2\ 16 U.S.C. 4701 note.
---------------------------------------------------------------------------
          * * * * * * *

     Subtitle C--Prevention and Control of Aquatic Nuisance Species

          * * * * * * *

SEC. 1206.\3\ INTERNATIONAL COOPERATION.

    (a) Advice.--The Task Force \4\ shall provide timely advice 
to the Secretary of State concerning aquatic nuisance species 
that infest waters shared with other countries.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 4726.
    \4\ The Aquatic Nuisance Species Task Force, as established by sec. 
1201 of this Act, is directed largely to matters within the United 
States. See 16 U.S.C. 4721.
---------------------------------------------------------------------------
    (b) Negotiations.--The Secretary of State, in consultation 
with the Task Force, is encouraged to initiate negotiations 
with the governments of foreign countries concerning the 
planning and implementation of prevention, monitoring, 
research, education, and control programs related to aquatic 
nuisance species infesting shared water resources.
          * * * * * * *

             Subtitle E--Cooperative Environmental Analyses

SEC. 1401.\5\ ENVIRONMENTAL IMPACT ANALYSES.

    The Secretary of State, in consultation with the Council on 
Environmental Quality, is encouraged to enter into negotiations 
with the governments of Canada and Mexico to provide for 
reciprocal environmental impact analyses of major Federal 
actions which have significant transboundary effects on the 
quality of the human environment in the United States, Canada, 
and Mexico.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 4751.
---------------------------------------------------------------------------
          * * * * * * *
9. Negotiation of International Agreements for the Conservation of Sea 
                                Turtles

 Partial text of Public Law 101-162 [Departments of Commerce, Justice, 
  and State, the Judiciary, and Related Agencies Appropriations Act, 
  1990; H.R. 2991], 103 Stat. 988 at 1037, approved November 21, 1989

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1990, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Commerce, Justice, and State, the Judiciary, and related 
agencies for the fiscal year ending September 30, 1990, and for 
other purposes, namely:
          * * * * * * *

                      TITLE VI--GENERAL PROVISIONS

          * * * * * * *
  Sec. 609.\1\ (a) The Secretary of State, in consultation with 
the Secretary of Commerce, shall, with respect to those species 
of sea turtles the conservation of which is the subject of 
regulations promulgated by the Secretary of Commerce on June 
29, 1987--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1537 note.
---------------------------------------------------------------------------
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multilateral agreements 
        with other nations for the protection and conservation 
        of such species of sea turtles;
          (2) initiate negotiations as soon as possible with 
        all foreign governments which are engaged in, or which 
        have persons or companies engaged in, commercial 
        fishing operations which, as determined by the 
        Secretary of Commerce, may affect adversely such 
        species of sea turtles, for the purpose of entering 
        into bilateral and multilateral treaties with such 
        countries to protect such species of sea turtles;
          (3) encourage such other agreements to promote the 
        purposes of this section with other nations for the 
        protection of specific ocean and land regions which are 
        of special significance to the health and stability of 
        such species of sea turtles;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of such species of sea turtles to which 
        the United States is a party in order to make such 
        treaty consistent with the purposes and policies of 
        this section; and
          (5) provide to the Congress by not later than one 
        year after the date of enactment of this section--
                  (A) a list of each nation which conducts 
                commercial shrimp fishing operations within the 
                geographic range of distribution of such sea 
                turtles;
                  (B) a list of each nation which conducts 
                commercial shrimp fishing operations which may 
                affect adversely such species of sea turtles; 
                and
                  (C) a full report on--
                          (i) the results of his efforts under 
                        this section; and
                          (ii) the status of measures taken by 
                        each nation listed pursuant to 
                        paragraph (A) or (B) to protect and 
                        conserve such sea turtles.
  (b)(1) In General.--The importation of shrimp or products 
from shrimp which have been harvested with commercial fishing 
technology which may affect adversely such species of sea 
turtles shall be prohibited not later than May 1, 1991, except 
as provided in paragraph (2).
  (2) \2\ Certification Procedure.--The ban on importation of 
shrimp or products from shrimp pursuant to paragraph (1) shall 
not apply if the President shall determine and certify to the 
Congress not later than May 1, 1991, and annually thereafter 
that--
---------------------------------------------------------------------------
    \2\ Authority to issue this determination is delegated to the 
Department of State (Presidential memorandum of December 19, 1990; 56 
F.R. 357).
    In Public Notice 5077, effective April 28, 2005 (70 F.R. 25156), 
the State Department certified that 13 nations have adopted programs to 
reduce the incidental capture of sea turtles in their shrimp fisheries 
comparable to the program in effect in the United States. The 
Department also certified that the fishing environments in 24 other 
countries and one economy, Hong Kong, do not pose a threat of the 
incidental taking of sea turtles protected under sec. 609. Shrimp 
imports from any nation not certified were prohibited effective May 1, 
2005, pursuant to sec. 609.
    See also Office of the U.S. Trade Representative, ``WTO Dispute 
Settlement Proceeding Regarding Section 609 of Public Law 101-162,'' 
Docket No. WTO/D-12, 62 F.R. 13934.
    See also 50 CFR Parts 217 and 227.
---------------------------------------------------------------------------
          (A) the government of the harvesting nation has 
        provided documentary evidence of the adoption of a 
        regulatory program governing the incidental taking of 
        such sea turtles in the course of such harvesting that 
        is comparable to that of the United States; and
          (B) the average rate of that incidental taking by the 
        vessels of the harvesting nation is comparable to the 
        average rate of incidental taking of sea turtles by 
        United States vessels in the course of such harvesting; 
        or
          (C) the particular fishing environment of the 
        harvesting nation does not pose a threat of the 
        incidental taking of such sea turtles in the course of 
        such harvesting.
          * * * * * * *
                               10. Whales

             a. Wildlife Sanctuary for Humpback Whales \1\

Public Law 99-630 [H.J. Res. 67], 100 Stat. 3514, approved November 7, 
                                  1986

 JOINT RESOLUTION Calling for a wildlife sanctuary for humpback whales 
                          in the West Indies.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President shall, in concert with the International Whaling 
Commission, seek a treaty or other appropriate international 
agreement establishing a wildlife sanctuary for humpback whales 
in the West Indies, in the area encompassing the Turks Islands, 
Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such 
additional areas in the West Indies as may be necessary to 
ensure the protection of the breeding grounds of the humpback 
whales.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 916 note.
                 b. Whaling Convention Act of 1949 \1\

   Public Law 81-676 [S. 2080], 64 Stat. 421, approved August 9, 1950

AN ACT To authorize the regulation of whaling and to give effect to the 
   International Convention for the Regulation of Whaling signed at 
 Washington under date of December 2, 1946,\2\ by the United States of 
     America and certain other governments, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also sec. 405 of the Department of State Authorization Act, 
Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403), which 
urged the International Whaling Commission to agree to a moratorium on 
the commercial killing of whales. The section also called upon specific 
countries to comply voluntarily with a moratorium. For complete text, 
see Legislation on Foreign Relations Through 2005, vol. II-A.
    \2\ 62 Stat. 1716: TIAS 1849: 4 Bevans 248; 161 UNTS 62.
---------------------------------------------------------------------------
    Section 1.\3\ That this Act may be cited as the ``Whaling 
Convention Act of 1949''.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 916 note.
---------------------------------------------------------------------------
    Sec. 2.\4\ When used in this Act--
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 916.
---------------------------------------------------------------------------
    (a) Convention: The word ``Convention'' means the 
International Convention for the Regulation of Whaling signed 
at Washington under the date of December 2, 1946, by the United 
States of America and certain other governments.
    (b) Commission: The word ``Commission'' means the 
International Whaling Commission established by article III of 
the convention.
    (c) United States Commissioner: The words ``United States 
Commissioner'' mean the member of the International Whaling 
Commission representing the United States of America appointed 
pursuant to article III of the convention and section 3 of this 
Act.
    (d) Person: The word ``person'' denotes every individual, 
partnership, corporation, and association subject to the 
jurisdiction of the United States.
    (e) Vessel: The word ``vessel'' denotes every kind, type, 
or description of water craft or contrivance subject to the 
jurisdiction of the United States used, or capable of being 
used, as a means of transportation.
    (f) Factory ship: The words ``factory ship'' mean a vessel 
in which or on which whales are treated or processed, whether 
wholly or in part.
    (g) Land station: The words ``land station'' mean a factory 
on the land at which whales are treated or processed, whether 
wholly or in part.
    (h) Whale catcher: The words ``whale catcher'' mean a 
vessel used for the purposes of hunting, killing, taking, 
towing, holding onto, or scouting for whales.
    (i) Whale products: The words ``whale products'' mean any 
unprocessed part of a whale and blubber, meat, bones, whale 
oil, sperm oil, spermaceti, meal, and baleen.
    (j) Whaling: The word ``whaling'' means the scouting for, 
hunting, killing, taking, towing, holding onto, and flensing of 
whales, and the possession, treatment, or processing of whales 
or of whale products.
    (k) Regulations of the Commission: The words ``regulations 
of the Commission'' mean the whaling regulations in the 
schedule annexed to and constituting a part of the convention 
in their original forms or as modified, revised, or amended by 
the Commission from time to time, in pursuance of article V of 
the convention.
    (l) Regulations of the Secretary of Commerce: \5\ The words 
``regulations of the Secretary of Commerce'' means such 
regulations as may be issued by the Secretary of Commerce, from 
time to time, in accordance with sections 11 and 12 of this 
Act.
---------------------------------------------------------------------------
    \5\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 
2090) struck out ``Secretary of the Interior'' and inserted in lieu 
thereof ``Secretary of Commerce''.
---------------------------------------------------------------------------
    Sec. 3.\6\ (a) The United States Commissioner shall be 
appointed by the President, on the concurrent recommendations 
of the Secretary of State and the Secretary of Commerce, and 
shall serve at the pleasure of the President.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 916a.
---------------------------------------------------------------------------
    (b) The President may appoint a Deputy United States 
Commissioner, on the concurrent recommendations of the 
Secretary of State and the Secretary of Commerce. The Deputy 
United States Commissioner shall serve at the pleasure of the 
President and shall be the principal technical adviser to the 
United States Commissioner, and shall be empowered to perform 
the duties of the Commissioner in case of the death, 
resignation, absence, or illness of the Commissioner.
    (c) The United States Commissioner and Deputy Commissioner, 
although officers of the United States Government, shall 
receive no compensation for their services.
    Sec. 4.\7\ The Secretary of State is authorized, with the 
concurrence of the Secretary of Commerce, to present or 
withdraw any objections on behalf of the United States 
Government to such regulations or amendments of the schedule to 
the convention as are adopted by the Commission and submitted 
to the United States Government in accordance with article V of 
the convention. The Secretary of State is further authorized to 
receive on behalf of the United States Government reports, 
requests, recommendations, and other communications of the 
Commission, and to act thereon either directly or by reference 
to the appropriate authority.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 916b.
---------------------------------------------------------------------------
    Sec. 5.\8\ (a) It shall be unlawful for any person subject 
to the jurisdiction of the United States (1) to engage in 
whaling in violation of the convention or of any regulation of 
the Commission, or of this Act, or of any regulation of the 
Secretary of Commerce; (2) to ship, transport, purchase, sell, 
offer for sale, import, export, or have in possession any whale 
or whale products taken or processed in violation of the 
convention, or of any regulation of the Commission, or of this 
Act, or of any regulation of the Secretary of Commerce; (3) to 
fail to make, keep, submit, or furnish any record or report 
required of him by the convention, or by any regulation of the 
Commission, or by any regulation of the Secretary of Commerce, 
or to refuse to permit any officer authorized to enforce the 
convention, the regulations of the Commission, this Act, and 
the regulations of the Secretary of Commerce, to inspect such 
record or report at any reasonable time.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 916c. Sec. 403 of Public Law 107-372 (116 Stat. 3102) 
provided:
    ``Notwithstanding any provision of law, the use of a vessel to tow 
a whale taken in a traditional subsistence whale hunt permitted by 
Federal law and conducted in waters off the coast of Alaska is 
authorized, if such towing is performed upon a request for emergency 
assistance made by a subsistence whale hunting organization formally 
recognized by an agency of the United States Government, or made by a 
member of such an organization, to prevent the loss of a whale.''.
---------------------------------------------------------------------------
    (b) It shall be unlawful for any person or vessel subject 
to the jurisdiction of the United States to do any act 
prohibited or to fail to do any act required by the convention, 
or by this Act, or by any regulation adopted by the Commission, 
or by any regulation of the Secretary of Commerce.
    Sec. 6.\9\ (a) No person shall engage in whaling without 
first having obtained an appropriate license or scientific 
permit. Such licenses shall be issued by the Secretary of 
Commerce or such officer or the Department of the Interior as 
may be designated by him: Provided, That the Secretary, in his 
discretion and by appropriate regulation, may waive the payment 
of any license fee or the requirement that a license first be 
obtained, in connection with the salvage of any ``Dauhval'' or 
unclaimed dead whale found floating or stranded.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 916d.
---------------------------------------------------------------------------
    (b) The following licenses and fees shall be required for 
each calendar year or any fraction thereof and shall be 
nontransferable except under such conditions as may be 
prescribed by the Secretary:
          (1) Land-station license for primary processing of 
        whales, $250.
          (2) Land-station license for secondary processing of 
        parts of whales delivered to it by a land station 
        licensed as a primary processor, $100.
          (3) Factory-ship license for primary processing of 
        whales delivered by whaler catchers, $250.
          (4) License for any vessel used exclusively for 
        transporting whale products from a factory ship to a 
        port during the whaling season, $100.
          (5) Whale-catcher license, $100.
    (c) All moneys derived from the issuance of whaling 
licenses shall be covered into the Treasury of the United 
States, and no license fee shall be refunded by reason of the 
failure of any person to whom a license has been issued to 
utilize the facility in whaling for which such license was 
issued.
    (d) Any person, in making application for a license to 
operate a whale catcher, must furnish evidence or affidavit 
satisfactory to the Secretary of Commerce that, in addition to 
conforming to other applicable laws and regulations, (1) the 
whale catcher is adequately equipped and competently manned to 
engage in whaling in accordance with the provisions of the 
convention, the regulations of the Commission, and the 
regulations of the Secretary of Commerce; (2) gunners and crews 
will be compensated on some basis that does not depend 
primarily on the number of whales taken; and (3) no bonuses or 
other partial remuneration with relation to the number of 
whales taken shall be paid to gunners and crews in respect of 
the taking of any whales, the taking of which is prohibited.
    (e) Any person, in making application for a license to 
operate a land station or a factory ship must furnish evidence 
or affidavits to the satisfaction of the Secretary of Commerce 
that, in addition to conforming to other applicable laws and 
regulations, such land station or factory ship is adequately 
equipped to comply with provisions of the convention, of the 
regulations of the Commission, and of the regulations of the 
Secretary of Commerce with respect to the processing of whales 
or the manufacture of whale products.
    Sec. 7.\10\ Any person who fails to make, keep, or furnish 
any catch return, statistical record, or any report that may be 
required by the convention or by any regulation of the 
Commission, or by this Act, or by a regulation of the Secretary 
of Commerce, or any person who furnishes a false return, 
record, or report, upon conviction, shall be subject to such 
fine as may be imposed by the court not to exceed $500, and 
shall in addition be prohibited from whaling, processing, or 
possessing whales, and whale products from the date of 
conviction until such time as any delinquent return, record, or 
report shall have been submitted or any false return, record, 
or report shall have been replaced by a duly certified correct 
and true return, record, or report to the satisfaction of the 
court. The penalties imposed by section 8 of this Act shall not 
be invoked for failure to comply with requirements respecting 
returns, records, and reports.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 916e.
---------------------------------------------------------------------------
    Sec. 8.\11\ Except as to violations defined in clause 3 of 
subsection (a) of section (5) of this Act, any person violating 
any provision of the convention, or of any regulation of the 
Commission, or of this Act, or of any regulation of the 
Secretary of Commerce upon conviction, shall be fined not more 
than $10,000 or be imprisoned not more than one year, or both. 
In addition the court may prohibit such person from whaling for 
such period of time as it may determine, and may order 
forfeited, in whole or in part, the whales taken by such person 
in whaling during the season, or the whale products derived 
therefrom or the monetary value thereof. Such forfeited whales 
or whale products shall be disposed of in accordance with the 
direction of the court.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 916f.
---------------------------------------------------------------------------
    Sec. 9.\12\ (a) Any duly authorized enforcement officer or 
employee of the Department of Commerce; \13\ any Coast Guard 
officer; any United States marshal or deputy United States 
marshal; any customs officer; and any other person authorized 
to enforce the provisions of the convention, the regulations of 
the Commission, this Act, and the regulations of the Secretary 
of Commerce, shall have power, without warrant or other process 
but subject to the provisions of the convention, to arrest any 
person subject to the jurisdiction of the United States 
committing in his presence or view a violation of the 
convention or of this Act, or of the regulations of the 
Commission, or of the regulations of the Secretary of Commerce 
and to take such person immediately for examination before a 
justice or judge or any other official designated in section 
3041 of title 18 of the United States Code; and shall have 
power, without warrant or other process, to search any vessel 
subject to the jurisdiction of the United States or land 
station when he has reasonable cause to believe that such 
vessel or land station is engaged in whaling in violation of 
the provisions of the convention or this Act, or the 
regulations of the Commission, or the regulations of the 
Secretary of Commerce. Any person authorized to enforce the 
provisions of the convention, this Act, the regulations of the 
Commission, or the regulations of the Secretary of Commerce 
shall have power to execute any warrant or process issued by an 
officer or court of competent jurisdiction for the enforcement 
of this Act, and shall have power with a search warrant to 
search any vessel, person, or place at any time. The judges of 
the United States district courts and the United States 
magistrates \14\ may, within their respective jurisdictions, 
upon proper oath or affirmation showing probable cause, issue 
warrants in all such cases. Subject to the provisions of the 
convention, any person authorized to enforce the convention, 
this Act, the regulations of the Commission, and the 
regulations of the Secretary of Commerce may seize, whenever 
and wherever lawfully found, all whales or whale products 
taken, processed, or possessed contrary to the provisions of 
the convention, of this Act, of the regulations of the 
Commission, or of the regulations of the Secretary of Commerce.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 916g.
    \13\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 
2090) struck out ``United States Fish and Wildlife Service of the 
Department of the Interior'' and inserted in lieu thereof ``Department 
of Commerce'',
    \14\ Sec. 402 of Public Law 90-578 (82 Stat. 1118; October 17, 
1968) struck out ``United States commissioners'' and inserted in lieu 
thereof ``United States magistrates''. Sec. 402 further provided that, 
within each district, references in previously enacted statutes and 
previously promulgated rules and regulations to United States 
commissioners are to be deemed, within such district, references to 
United States magistrates duly appointed under sec. 631 of Title 28 as 
soon as the first United States magistrate assumes office within that 
district or on October 17, 1971, whichever is earlier. See Applicable 
Law note under sec. 631 of Title 28: Judiciary and Judicial Procedure.
---------------------------------------------------------------------------
    Any property so seized shall not be disposed of except 
pursuant to the order of a court of competent jurisdiction or 
the provisions of subsection (b) of this section, or, if 
perishable, in the manner prescribed by regulations of the 
Secretary of Commerce.
    (b) notwithstanding the provisions of section 2464 of title 
28 of the United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any property seized if the process has 
been levied, on receiving from the claimant of the property a 
bond or stipulation for double the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction, conditioned to deliver the property 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court.
    Sec. 10.\15\ (a) In order to avoid duplication in 
scientific and other programs, the Secretary of State, with the 
concurrence of the agency, institution, or organization 
concerned, may direct the United States Commissioner to arrange 
for the cooperation of agencies of the United States 
Government, and of State and private institutions and 
organizations in carrying out the provisions of article IV of 
the convention.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 916h.
---------------------------------------------------------------------------
    (b) All agencies of the Federal Government are authorized, 
on request of the Commission, to cooperate in the conduct of 
scientific and other programs, or to furnish facilities and 
personnel for the purpose of assisting the Commission in the 
performance of its duties as prescribed by the convention.
    Sec. 11.\16\ Nothing contained in this Act shall prevent 
the taking of whales and the conducting of biological 
experiments at any time for purposes of scientific 
investigation in accordance with scientific permits and 
regulations issued by the Secretary of Commerce or shall 
prevent the Commission from discharging its duties as 
prescribed by the convention.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 916i.
---------------------------------------------------------------------------
    Sec. 12.\17\ (a) The Secretary of Commerce is authorized 
and directed to administer and enforce all of the provisions of 
this Act and regulations issued pursuant thereto and all of the 
provisions of the convention and of the regulations of the 
Commission, except to the extent otherwise provided for in this 
Act, in the convention, or in the regulations of the 
Commission. In carrying out such functions he is authorized to 
adopt such regulations as may be necessary to carry out the 
purposes and objectives of the convention, the regulations of 
the Commission, this Act, and with the concurrence of the 
Secretary of State, to cooperate with the duly authorized 
officials of the government of any party to the convention.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 916j.
---------------------------------------------------------------------------
    (b) Enforcement activities under the provisions of this Act 
relating  to  vessels  engaged  in  whaling  and  subject  to  
the  jurisdiction of the United States primarily shall be the 
responsibility of the Secretary of the Treasury in cooperation 
with the Secretary of Commerce.
    (c) The Secretary of Commerce may authorize officers and 
employees of the coastal States of the United States to enforce 
the provisions of the convention, or of the regulations of the 
Commission, or of this Act, or of the regulations of the 
Secretary of Commerce. When so authorized such officers and 
employees may function as Federal law-enforcement officers for 
the purposes of this Act.
    Sec. 13.\18\ Regulations of the Commission approved and 
effective in accordance with section 4 of this Act and article 
V of the convention shall be submitted for appropriate action 
or publication in the Federal Register by the Secretary of 
Commerce and shall become effective with respect to all persons 
and vessels subject to the jurisdiction of the United States in 
accordance with the terms of such regulations and the 
provisions of article V of the convention.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 916k.
---------------------------------------------------------------------------
    Sec. 14.\19\ There is hereby authorized to be appropriated 
from time to time, out of any moneys in the Treasury not 
otherwise appropriated, such sums as may be necessary to carry 
out the provisions of the convention and of this Act, including 
(1) contributions to the Commission for the United States share 
of any joint expenses of the Commission agreed by the United 
States and any of the other contracting governments, and (2) 
the expenses of the United States Commissioner and his staff, 
including (a) personal services in the District of Columbia and 
elsewhere, without regard to the civil service laws and the 
Classification Act of 1923, as amended; \20\ (b) travel 
expenses without regard to the Travel Expense Act of 1949 \21\ 
and section 73b of Title 5; \22\ (c) transportation of things, 
communication services; (d) rent of offices; (e) printing and 
binding without regard to section 111 of Title 44 \23\ and 
section 5 of Title 41; (f) stenographic and other services by 
contract, if deemed necessary, without regard to section 5 of 
Title 41; (g) supplies and materials; (h) equipment; (i) 
purchase, hire, operation, maintenance, and repair of aircraft, 
motor vehicles (including passenger-carrying vehicles), boats, 
and research vessels.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 916l.
    \20\ Sec. 1202 of the Classification Act of 1949 (63 Stat. 972) 
repealed the Classification Act of 1923. Sec. 1106 of such Act provided 
that wherever reference was made to the Classification Act of 1923 it 
should be deemed a reference to the Classification Act of 1949. The 
Classification Act of 1949 is now covered by ch. 51 and subch. III of 
ch. 53 of title 5, Government Organization and Employees.
    \21\ The Travel Expense Act of 1949 is now covered by sec. 5701 et 
seq. of title 5.
    \22\ Sec. 73b of title 5 is now covered by sec. 5731 of title 5.
    \23\ Sec. 111 of title 44 is now covered by sec. 501 of title 44: 
Public Printing and Documents.
---------------------------------------------------------------------------
    Sec. 15. If any provision of this Act or the application of 
such provision to any circumstances or persons shall be held 
invalid, the validity of the remainder of the Act and the 
applicability of such provision to other circumstances or 
persons shall not be affected thereby.
    Sec. 16. The Whaling Treaty Act of May 1, 1936 (49 Stat. 
1246; 16 U.S.C. 901-915), is hereby repealed and the Secretary 
of Commerce is authorized to refund any part of a license fee 
paid under said Act that is in excess of the license fee 
required under this Act.
            11. R.M.S. Titanic Maritime Memorial Act of 1986

 Public Law 99-513 [S. 2048], 100 Stat. 2082, approved October 21, 1986

AN ACT To encourage international efforts to designate the shipwreck of 
the R.M.S. Titanic as an international maritime memorial and to provide 
  for reasonable research, exploration, and, if appropriate, salvage 
               activities with respect to the shipwreck.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``R.M.S. Titanic Maritime 
Memorial Act of 1986''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 450rr note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 450rr.
---------------------------------------------------------------------------
          (1) the R.M.S. Titanic, the oceanliner which sank on 
        her maiden voyage after striking an iceberg on April 
        14, 1912, should be designated as an international 
        maritime memorial to the men, women, and children who 
        perished aboard her;
          (2) the recent discovery of the R.M.S. Titanic, lying 
        more than twelve thousand feet beneath the ocean 
        surface, demonstrates the practical applications of 
        ocean science and engineering;
          (3) the R.M.S. Titanic, well preserved in the cold, 
        oxygen-poor waters of the deep North Atlantic Ocean, is 
        of major national and international cultural and 
        historical significance, and merits appropriate 
        international protection; and
          (4) the R.M.S. Titanic represents a special 
        opportunity for deep ocean scientific research and 
        exploration.
    (b) Purpose.--The Congress declares that the purposes of 
this Act are--
          (1) to encourage international efforts to designate 
        the R.M.S. Titanic as an international maritime 
        memorial to those who lost their lives aboard here in 
        1912;
          (2) to direct the United States to enter into 
        negotiations with other interested nations to establish 
        an international agreement which will provide for the 
        designation of the R.M.S. Titanic as an international 
        maritime memorial, and protect the scientific, 
        cultural, and historical significance of the R.M.S. 
        Titanic;
          (3) to encourage, in those negotiations or in other 
        fora, the development and implementation of 
        international guidelines for conducting research on, 
        exploration of, and if appropriate, salvage of the 
        R.M.S. Titanic; and
          (4) to express the sense of the United States 
        Congress that, pending such international agreement or 
        guidelines, no person should physically alter, disturb, 
        or salvage the R.M.S. Titanic in any research or 
        exploratory activities which are conducted.

SEC. 3.\3\ DEFINITIONS.

    For the purposes of this Act, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 450rr-1.
---------------------------------------------------------------------------
          (a) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration (NOAA);
          (b) ``person'' means any individual (whether or not a 
        citizen or national of the United State), any 
        corporation, partnership, association, or other entity 
        (whether or not organized, or existing under the law of 
        any State), and any Federal, State, local, or foreign 
        government or any entity of any such government;
          (c) ``R.M.S. Titanic'' means the shipwrecked vessel 
        R.M.S. Titanic, her cargo or other contents, including 
        those items which are scattered on the ocean floor in 
        her vicinity; and
          (d) ``Secretary'' means the Secretary of State.

SEC. 4.\4\ COMMENDATION.

    The Congress of the United States highly commends the 
members of the joint international expedition which discovered 
the R.M.S. Titanic.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 450rr-2.
---------------------------------------------------------------------------

SEC. 5.\5\ INTERNATIONAL GUIDELINES.

    (a) The Administrator is directed to enter into 
consultation with the United Kingdom, France, Canada, and other 
interested nations to develop international guidelines for 
research on, exploration of, and if appropriate, salvage of the 
R.M.S. Titanic, which--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 450rr-3.
---------------------------------------------------------------------------
          (1) are consistent with its national and 
        international scientific, cultural, and historical 
        significance and the purposes of this Act; and
          (2) promote the safety of individuals involved in 
        such operations.
    (b) In carrying out subsection (a), the Administrator shall 
consult with the Secretary and shall promote full participation 
by other interested Federal agencies, academic and research 
institutions, and members of the public.

SEC. 6.\6\ INTERNATIONAL AGREEMENT.

    (a) The Secretary is directed to enter into negotiations 
with the United Kingdom, France, Canada, and other interested 
nations to develop an international agreement which provides 
for--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 450rr-4.
---------------------------------------------------------------------------
          (1) the designation of the R.M.S. Titanic as an 
        international maritime memorial; and
          (2) research on, exploration of, and if appropriate, 
        salvage of the R.M.S. Titanic consistent with the 
        international guidelines developed pursuant to section 
        5 and the purposes of this Act.
    (b) In carrying out the requirements of subsection (a), the 
Secretary shall consult with the Administrator, who shall 
provide research and technical assistance to the Secretary.
    (c) The Secretary and the Administrator shall report 
semiannually to the Committee on Merchant Marine and Fisheries 
and the Committee on Foreign Affairs in the House of 
Representatives \7\ and to the Committee on Foreign Relations 
and the Committee on Commerce, Science, and Transportation in 
the Senate on the progress of the negotiations and 
consultations.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that 
references to the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

    (d) Upon adoption of an international agreement as 
described in subsection (a), the Secretary shall provide 
notification of the agreement and recommendations for 
legislation to implement the agreement to the Committee on 
Merchant Marine and Fisheries and the Committee on Foreign 
Affairs in the House of Representatives \7\ and to the 
Committee on Foreign Relations and the Committee on Commerce, 
Science, and Transportation in the Senate.

SEC. 7.\8\ SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.

    It is the sense of Congress that research and limited 
exploration activities concerning the R.M.S. Titanic should 
continue for the purpose of enhancing public knowledge of its 
scientific, cultural, and historical significance: Provided, 
That, pending adoption of the international agreement described 
in section 6(a) or implementation of the international 
guidelines described in section 5, no person should conduct any 
such research or exploration activity which would physically 
alter, disturb, or salvage the R.M.S. Titanic.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 450rr-5.
---------------------------------------------------------------------------

SEC. 8.\9\ DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.

    By enactment of this Act, the United States does not assert 
sovereignty, or sovereign or exclusive rights or jurisdiction 
over,or the ownership of, any marine areas or the R.M.S. 
Titanic.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 450rr-6.
                               12. Salmon

                  a. Pacific Salmon Treaty Act of 1985

 Public Law 99-5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985; as 
  amended by Public Law 102-251 [Flower Garden Banks National Marine 
Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; Public Law 
  104-208 [Department of Commerce and Related Agencies Appropriations 
  Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 106-113 
  [Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501, 
   approved November 29, 1999; and Public Law 106-554 [Consolidated 
Appropriations Act, 2001; H.R. 4942], 114 Stat. 2762, approved December 
                                21, 2000

   AN ACT To give effect to the Treaty Between the Government of the 
   United States of America and the Government of Canada Concerning 
          Pacific Salmon, signed at Ottawa, January 28, 1985.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the Pacific Salmon Treaty Act of 1985''.

SEC. 2.\1\ DEFINITIONS.

    As used in this title, unless the context otherwise 
requires, the term--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 3631.
---------------------------------------------------------------------------
          (a) ``Commission'' means the Pacific Salmon 
        Commission established by the Treaty;
          (b) ``enhancement'' means manmade improvements to 
        natural habitats, or the application of artificial fish 
        culture technology, that will lead to the increase of 
        salmon stocks;
          (c) ``Magnuson-Stevens Act'' means the Act entitled 
        ``the Magnuson-Stevens Fishery Conservation and 
        Management Act,'' as approved April 13, 1976, and as 
        later amended (16 U.S.C. section 1801 et seq.); \2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (d) ``Panel'' means any of the Panels established by 
        the Treaty;
          (e) ``person'' means any individual (whether or not a 
        citizen or national of the United States), any 
        corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of 
        any State);
          (f) ``salmon'' means any anadromous species of the 
        family Salmonidae and genus Oncorhynchus, commonly 
        known as Pacific salmon, including but not limited to:

                              Popular names           Scientific name
                          Chinook or King Salmon  Oncorhynchus
                                                   tshawytscha
                          Coho or Silver Salmon.  Oncorhynchus kisutch
                          Pink or Humpback        Oncorhynchus gorbuscha
                           Salmon.
                          Chum or Dog Salmon....  Oncorhynchus keta
                          Sockeye or Red Salmon.  Oncorhynchus nerka
        and shall also include Steelhead (Salmo gairdneri);
          (g) ``Secretary'' means the Secretary of Commerce;
          (h) \3\ ``Special areas'' means the areas referred to 
        as eastern special areas in Article 3(1) of the 
        Agreement between the United States of America and the 
        Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
---------------------------------------------------------------------------
    \3\ Sec. 306(a) of Public Law 102-251 (106 Stat. 66) redesignated 
subsecs. (h) through (j) as subsecs. (i) through (k) and added a new 
subsec. (h).
---------------------------------------------------------------------------
          (i) \3\ ``Treaty'' means the Treaty between the 
        Government of the United States of America and the 
        Government of Canada Concerning Pacific Salmon, signed 
        at Ottawa, January 28, 1985;
          (j) \3\ ``treaty Indian tribe'' means any of the 
        federally recognized Indian tribes of the Columbia 
        River basin, Washington coast or Puget Sound areas 
        having reserved fishing rights to salmon stocks subject 
        to the Treaty under treaties with the United States 
        Government; and
          (k) \3\ ``United States Section'' means the four 
        United States Commissioners appointed by the President 
        pursuant to this title.

SEC. 3.\4\ UNITED STATES SECTION.

    (a) Commissioners.--The United States shall be represented 
on the Commission by four United States Commissioners who are 
knowledgeable or experienced concerning Pacific salmon, to be 
appointed by and serve at the pleasure of the President. Of 
these, one shall be an official of the United States Government 
who shall be a nonvoting member of the United States Section; 
one shall be a resident of the State of Alaska and shall be 
appointed from a list of at least six qualified individuals 
nominated by the Governor of that State; one shall be a 
resident of the States of Oregon, or Washington and shall be 
appointed from a list of at least six qualified individuals 
nominated by the Governors of those States; and one shall be 
appointed from a list of at least six qualified individuals 
nominated by the treaty Indian tribes of the States of Idaho, 
Oregon or Washington. Two of the initial appointments shall be 
for two-year terms; all other appointments shall be for four-
year terms. Each Commissioner is eligible for reappointment. 
Any individual appointed to fill a vacancy occurring prior to 
the expiration of any term of office shall be appointed for the 
remainder of that term. Unless otherwise agreed, the 
chairmanship of the United States Section shall rotate annually 
among all four members with the order of rotation determined by 
lot at the first meeting.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 3632.
---------------------------------------------------------------------------
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary and the Secretary of the 
Interior, shall designate an Alternate Commissioner for each 
Commissioner from the respective lists referred to in section 
3(a), and may designate an Alternate Commissioner for the 
Federal Commissioner. In the absence of a Commissioner, the 
Alternate Commissioner may exercise all functions of such 
Commissioner at any meeting of the Commission or of the United 
States Section. Alternate Commissioners are eligible for 
reappointment and may attend all meetings of the United States 
Section.
    (c) Southern Panel.--The United States shall be represented 
on the southern Panel by six Panel members, of whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Oregon, 
        with salmon fishery management responsibility and 
        expertise;
          (3) one shall be an official of the State of 
        Washington, with salmon fishery management 
        responsibility and expertise;
          (4) two shall be appointed from a list submitted by 
        the treaty Indian tribes of individuals with salmon 
        fishery management responsibility and expertise; and
          (5) one shall be appointed from the commercial or 
        recreational sector who is knowledgeable and 
        experienced in the salmon fisheries for which the 
        southern Panel is responsible.
    (d) Northern Panel.--The United States shall be represented 
on the northern Panel by six Panel members, of whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska, 
        with salmon fishery management responsibility and 
        expertise; and
          (3) four shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        northern Panel is responsible.
    (e) Fraser River Panel.--The United States shall be 
represented on the Fraser River Panel by four Panel members, of 
whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of 
        Washington, with salmon fishery management 
        responsibility and expertise;
          (3) one shall be appointed from a list submitted by 
        the treaty Indian tribes of individuals with salmon 
        fishery management responsibility and expertise for the 
        fisheries for which the Fraser River Panel is 
        responsible; and
          (4) one shall be appointed from the commercial sector 
        of the salmon fishing industry concerned with fisheries 
        for which the Fraser River Panel is responsible.
    (f) \5\ The United States shall be represented on the 
Transboundary Panel by seven panel members, of whom--
---------------------------------------------------------------------------
    \5\ Sec. 144(c)(5) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) redesignated subsecs. 
(f) through (h) as subsecs. (g) through (i), and added a new subsec. 
(f).
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska, 
        with salmon fishery management responsibility and 
        expertise; and
          (3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        Transboundary Panel is responsible.
    (g) \5\ Panel Appointments.--Panel members described in 
subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be 
appointed by the Governor of the applicable State. Panel 
members described in subsections (c)(4) and (e)(3) shall be 
appointed by the Secretary of the Interior from lists of 
nominations provided by the appropriate treaty Indian tribes. 
All other Panel members shall be appointed by the Secretary: 
Provided, That at least one member of the northern Panel shall 
be a voting member of the North Pacific Fishery Management 
Council, at least one member of the southern Panel shall be a 
voting member of the Pacific Fishery Management Council; and 
the Panel members described in subsections (c)(5), (d)(3), and 
(e)(4) shall be appointed from lists of nominations provided by 
the Governors of the applicable States. For the northern, 
southern, and Fraser River panels, the appointing authorities 
\6\ listed above may also designate an alternate Panel member, 
meeting the same qualifications and having the same term of 
office, to serve in the absence of a Panel member appointed 
under this subsection. Panel members and alternate Panel 
members, other than the southern Panel member described in 
subsection (c)(5), shall serve four-year terms; except that the 
Secretary of State shall designate one-half of the initial 
appointments to each Panel as serving two-year terms. The 
southern Panel member described in subsection (c)(5) and the 
corresponding alternate shall each be appointed for one-year 
terms; the first such member shall be appointed from the 
commercial sector and an alternate shall be appointed from the 
recreational sector, with the alternate succeeding to the 
member position in the subsequent year; thereafter the member 
and alternate positions shall rotate between the commercial and 
recreational sectors on an annual basis. Any individual 
appointed to fill a vacancy occurring prior to the expiration 
of any term of office shall be appointed for the remainder of 
that term. Panel members and alternates shall be eligible for 
reappointment and may attend all meetings of the relevant 
United States Panel Section.
---------------------------------------------------------------------------
    \6\ Sec. 144(c)(5)C) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``The 
appointing authorities'' and inserted in lieu thereof ``For the 
northern, southern, and Fraser River panels, the appointing 
authorities''.
---------------------------------------------------------------------------
    (h) \5\ Voting Requirements.--(1) Except as provided in 
paragraph (2), the \7\ United States Section shall operate with 
the objective of attaining consensus decisions in the 
development and exercise of its single vote within the 
Commission. A decision of the United States Section shall be 
taken when there is no dissenting vote.
---------------------------------------------------------------------------
    \7\ Sec. 623(c)(1) of H.R. 3421, as enacted into law by sec. 
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), struck out ``The'' 
and inserted in lieu thereof ``Except as provided in paragraph (2), 
the''.
---------------------------------------------------------------------------
    (2) \8\ A decision of the United States Section with 
respect to any salmon fishery regime covered by chapter 1 or 2 
(except paragraph 4 of chapter 2) of Annex IV to the Pacific 
Salmon Treaty of 1985 shall be taken upon the affirmative vote 
of the United States Commissioner appointed from the list 
submitted by the Governor of Alaska pursuant to subsection (a). 
A decision of the United States Section with respect to any 
salmon fishery regime covered by chapter 4, 5 (except paragraph 
2(b) of chapter 5), or 6 of the Pacific Salmon Treaty of 1985 
shall be taken upon the affirmative vote of both the United 
States Commissioner appointed from the list submitted by the 
Governors of Washington and Oregon pursuant to subsection (a) 
and the United States Commissioner appointed from the list 
submitted by the treaty Indian tribes of the State of Idaho, 
Oregon, or Washington pursuant to subsection (a). Before a 
decision of the United States Section is made under this 
paragraph, the voting Commissioner or Commissioners shall 
consult with the Commissioner who is an official of the United 
States Government under subsection (a) \9\
---------------------------------------------------------------------------
    \8\ Sec. 623(c)(2) of H.R. 3421, as enacted into law by sec. 
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), redesignated paras. 
(2) through (7) as paras. (3) through (8), and added a new para. (2).
    \9\ So in original. A period probably should appear at this point.
---------------------------------------------------------------------------
    (3) \8\ All decisions and recommendations of the United 
States Section of the northern, southern, and transboundary 
\10\ Panels shall require the concurring vote of a majority of 
the United States Panel members present and voting, except that 
decisions and recommendations of the southern Panel shall 
require the concurring vote of the members designated in 
subsections (c)(2) and (c)(3) and one of those members 
designated in subsection (c)(4).
---------------------------------------------------------------------------
    \10\ Sec. 144(c)(5)(D) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``northern 
and southern'' and inserted in lieu thereof ``northern, southern, and 
transboundary''.
---------------------------------------------------------------------------
    (4) \8\ All decisions and recommendations of the United 
States Section of the Fraser River Panel shall require the 
concurring vote of all United States Panel members present and 
voting, except that orders referred to in article VI(6) of the 
Treaty may be agreed to on the basis of a majority, provided 
that the Panel members representing the State and Tribal 
fishery management authorities concur.
    (5) \8\ All decisions and recommendations of any joint 
Panel shall require the concurring votes of each Panel under 
the voting rules specified in paragraphs (2) and (3).
    (6) \8\ To assist in the resolution of disputes affecting 
decisions of the United States Section or of the United States 
Panel sections, a three-person Conciliation Board may be 
established. The members of the Conciliation Board shall be 
selected by the United States Section as follows; each non-
Federal Commissioner shall submit a list of no fewer than three 
qualified nominees; one person shall be selected from each list 
by consensus decision of the Federal Commissioner and the other 
two non-Federal Commissioners. The Conciliation Board shall 
operate under such bylaws as may be established by the United 
States Section.
    (7) \8\ In any matter where the Fraser River Panel is 
unable to act because the United States Fraser River Panel 
members have been unable to reach a decision in accordance with 
paragraph (3) of this subsection, and upon a determination by 
the Chairman of the subsection, and upon a determination by the 
Chairman of the United States Section that an action of the 
Panel is required, the United States Section shall act for the 
United States Panel members in the Fraser River Panel.
    (8) \8\ In any matter where the Secretary of State 
determines that the United States is in jeopardy of not 
fulfilling its international obligations under the Treaty, the 
Secretary of State shall so certify to the United States 
Section. Such certification shall include the reasons for such 
determination and shall specify the date by which a decision by 
the United States Section is desired. If the United States 
Section has not reached a decision by the date specified, the 
Secretary of State, after consultation with the Secretary and 
the Secretary of the Interior, shall report on the matter to 
the President.
    (i) \5\ Consultation.--In carrying out their functions 
under the Treaty, the Commissioners and Panel members may 
consult with such other interested parties as they consider 
appropriate. The Federal Advisory Committee Act (5 U.S.C. App. 
1 et seq.) shall not apply.

SEC. 4.\11\ AUTHORITY AND RESPONSIBILITY.

    (a) The Secretary of State is authorized to--
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 3633.
---------------------------------------------------------------------------
          (1) receive and transmit, on behalf of the United 
        States, reports, requests, recommendations, proposals, 
        and other communications of and to the Commission and 
        Panels;
          (2) in consultation with the Secretary and the 
        Secretary of the Interior, approve, disapprove, object 
        to, or withdraw objections to fishery regimes, 
        including enhancement programs and Fraser River Panel 
        regulations proposed in accordance with the Treaty, on 
        the condition that the United States shall be obligated 
        to carry out such regimes or regulations only to the 
        extent that funds are made available for such purposes 
        in appropriation Acts; and
          (3) act upon, or refer to other appropriate 
        authority, any communication referred to in paragraph 
        (1) of this subsection other than a proposed fishery 
        regime or Fraser River Panel regulation.
    (b) Recommendations of the Commission on fishery regimes or 
Fraser River Panel regulations approved by the Secretary of 
State pursuant to subsection (a)(2) shall be forwarded 
immediately to the States of Alaska, Oregon, Washington, and 
Idaho and to the treaty Indian tribes, as appropriate. In the 
exercise of their general fishery management authority, the 
States and treaty Indian tribes may adopt corresponding laws, 
regulations, or orders within their respective jurisdictions.
    (c) In cooperation with the appropriate Regional Fishery 
Management Councils, States and treaty Indian tribes, the 
Secretary shall prepare, as appropriate, all statements, 
reports, and information required by the Treaty and submit such 
documents to the Secretary of State, who shall transmit them to 
the Commission.

SEC. 5.\12\ INTERAGENCY COOPERATION.

    (a) In carrying out the provisions of the treaty and this 
title, the Secretary, in consultation with the Secretary of the 
Interior, may arrange for cooperation with agencies of the 
United States, the States, treaty Indian tribes, private 
institutions and organizations, and may execute such memoranda 
as may be necessary to reflect such agreements.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 3634.
---------------------------------------------------------------------------
    (b) Agencies of the United States may cooperate in the 
conduct of scientific and other programs, and may furnish 
facilities and personnel, for the purposes of assisting the 
Commission and Panels in carrying out their responsibilities 
under the Treaty. Such agencies may accept reimbursement from 
the Commission for providing such services, facilities, and 
personnel.

SEC. 6.\13\ PREEMPTION.

    If any State or treaty Indian tribe has taken any action, 
or omitted to take any action, the results of which place the 
United States in jeopardy of not fulfilling its international 
obligations under the Treaty, or any fishery regime or Fraser 
River Panel regulation adopted thereunder, the Secretary shall 
inform the State or tribe of the manner in which the action or 
inaction places the United States in jeopardy of not fulfilling 
its international obligations under the Treaty, of any remedial 
action which would relieve this concern, and of the intention 
to promulgate Federal regulations if such remedial actions are 
not undertaken within fifteen days unless an earlier action is 
required to avoid violation of United States Treaty 
obligations. Should United States action be required to meet 
Treaty obligations to Canada in respect to treaty Indian 
fisheries conducted in terminal areas subject to the continuing 
jurisdiction of a United States district court, such action 
shall be taken within the framework of such court jurisdiction. 
Otherwise, regulations may be promulgated by the Secretary 
pursuant to section 7(a) of this title which shall supersede 
any State or treaty Indian tribal law, regulation or order 
determined by the Secretary to place the United States in 
jeopardy of not fulfilling its international obligations under 
the Treaty. Timely notice of all such determinations shall be 
disseminated by electronic media and shall be published in 
local newspapers in the major fishing ports affected and in the 
Federal Register. In order to enable the United States to 
fulfill its obligations under article IV(7) of the Treaty, the 
States of Alaska, Idaho, Oregon and Washington and the treaty 
Indian tribes shall advise the Secretary of all pertinent laws 
or regulations pertaining to the harvest of Pacific salmon, 
together, with such amendments thereto as may be adopted from 
time to time.
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 3635.
---------------------------------------------------------------------------

SEC. 7.\14\ RULEMAKING.

    (a) The Secretary, in consultation with the Secretary of 
the Interior, the Secretary of the Department in which the 
Coast Guard is operating and the appropriate Regional Fishery 
Management Council, shall promulgate such regulations as may be 
necessary to carry out the United States international 
obligations under the Treaty and this title, pursuant to 
section 6, as well as conforming amendatory regulations 
applicable to the United States Exclusive Economic Zone and 
special areas.\15\ Any such regulation may be made applicable, 
as necessary, to all persons and all vessels subject to the 
jurisdiction of the United States, wherever located. Such 
regulations as are necessary and appropriate to carry out 
obligations of the United States under the Treaty involving a 
foreign affairs function, and as such shall not be subject to 
sections 4 through 8 of the Administrative Procedure Act (5 
U.S.C. 553-557), or the National Environmental Policy Act (42 
U.S.C. 4321 et seq.).
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 3636.
    \15\ Sec. 306(b) of Public Law 102-251 (106 Stat. 66) inserted 
``and special areas''.
---------------------------------------------------------------------------
    (b) The Secretary, in cooperation with the Regional Fishery 
Management Councils, States, and treaty Indian tribes, may 
promulgate regulations applicable to nationals or vessels of 
the United States, or both, which are in addition to, and not 
in conflict with, fishery regimes and Fraser River Panel 
regulations adopted under the Treaty. Such regulations shall 
not discriminate between residents of different States.
    (c) Regulations promulgated by the Secretary under this 
title shall be subject to judicial review by the district 
courts of the United States to the extent authorized by, and in 
accordance with, chapter 7 of title 5, United States Code; 
except that section 705 of such title is not applicable, and 
the appropriate court shall only set aside any such regulation 
on a ground specified in section 706(2 (A), (B), (C) or (D) of 
such title. A civil action filed pursuant to this section shall 
be assigned for hearing at the earliest possible date, shall 
take precedence over other matters pending on the docket of the 
United States district court at that time, and shall be 
expedited in every way by such court and any appellate court.

SEC. 8.\16\ PROHIBITED ACTS AND PENALTIES.

    (a) It is unlawful for any person or vessel subject to the 
jurisdiction of the United States--
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 3637.
---------------------------------------------------------------------------
          (1) to violate any provision of this title, or of any 
        regulation adopted hereunder, or of any Fraser River 
        Panel regulation approved by the United States under 
        the Treaty;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to broad a fishing 
        vessel subject to such person's control for purposes of 
        conducting any search or inspection in connection with 
        the enforcement of this title;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search or inspection 
        described in subparagraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this title; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section.
    (b) Any person who commits any act that is unlawful under 
subsection (a) of this section be liable to the United States 
for a civil penalty as provided by section 308 of the Magnuson-
Stevens Act (16 U.S.C. 1858).
    (c) Any person who commits an act that is unlawful under 
paragraph (2), (3), (4), or (6) of subsection (a) of this 
section shall be guilty of an offense punishable as provided by 
section 309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).
    (d)(1) Any vessel (including its gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act which is prohibited under subsection (a) of this section, 
and any fish (or the fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of 
the commission of any act which is prohibited by subsection (a) 
of this section, shall be subject to forfeiture as provided by 
section 310 of the Magnuson-Stevens Act (16 U.S.C. 1860).
    (2) Any fish seized pursuant to this title may be disposed 
of pursuant to the order of a court of competent jurisdiction 
or, if perishable, in a manner prescribed by regulation of the 
Secretary.
    (e) The Secretary and the Secretary of the Department in 
which the Coast Guard is operating shall enforce the provisions 
of this title and shall have the authority provided by 
subsections 311 (a), (b)(1), and (c) of the Magnuson-Stevens 
Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
    (f) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under this section and may, at any time--
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interest of 
        justice.

SEC. 9.\17\ GENERAL STANDARDS.

    All actions taken under section 3(g), 4, 6, and 7 shall--
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 3638.
---------------------------------------------------------------------------
          (a) take into account the best scientific information 
        available;
          (b) result in measures necessary and appropriate for 
        the conservation, management, utilization and 
        development of the Pacific salmon resource, with due 
        consideration of social and economic concerns; and
          (c) be consistent with United States obligations 
        under the Treaty, domestic Indian treaties and other 
        applicable law.

SEC. 10.\18\ ADVISORY COMMITTEE.

    (a) The United States Section shall appoint an advisory 
committee of not less than twelve but not more than twenty 
members who are knowledgeable and experienced with respect to 
fisheries subject to the Treaty. One-half the membership of the 
committee shall be residents of the State of Alaska and one 
member shall be a resident of the State of Idaho. Each member 
shall serve a term of two years and shall be eligible for 
reappointment.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 3639.
---------------------------------------------------------------------------
    (b) Members of the advisory committee may attend all public 
meetings of the Commission and Panels and all nonexecutive 
sessions of the United States Section and United States Panel 
sections. At nonexecutive meetings of the United States Section 
and United States Panel sections, members of the advisory 
committee shall be given the opportunity to examine and to be 
heard on any nonadministrative matter under consideration.
    (c) The members of the advisory committee shall receive no 
compensation for their services as such members.
    (d) The Chairman of the United States Section shall call a 
meeting of the advisory committee at least one time each year.

SEC. 11.\19\ ADMINISTRATIVE MATTERS.

    (a) Commissioners and Alternate Commissioners who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-18 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 3640.
---------------------------------------------------------------------------
    (b) Panel Members and Alternate Panel Members who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-16 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
    (c) Travel and other necessary expenses shall be paid for 
all United States Commissioners, Alternate Commissioners, Panel 
Members, Alternate Panel Members, members of the Joint 
Technical Committee, and members of the Advisory Committee when 
engaged in the actual performance of duties for the United 
States Section or for the Commission.
    (d) Except for officials of the United States Government, 
such individuals shall not be considered to be Federal 
employees while engaged in the actual performance of duties for 
the United States Section or for the Commission, except for the 
purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and 
chapter 71 of title 28, United States Code,

SEC. 12.\20\ AUTHORIZATION OF APPROPRIATIONS

    There  are authorized to be appropriated from time to time 
such sums as may be necessary for carrying out the purposes and 
provisions of the Treaty and this title including--
---------------------------------------------------------------------------
    \20\ 16 U.S.C. 3641.
---------------------------------------------------------------------------
          (a) necessary travel expenses of the Commissioners, 
        Panel members, alternate Commissioners, alternate Panel 
        members, United States members of joint technical 
        committees established under article IV of the Treaty, 
        and advisory committee members in accordance with the 
        Federal Travel Regulations and sections 5701, 5702, 
        5704 through 5708, and 5731 of title 5, United States 
        Code;
          (b) the United States share of the joint expenses of 
        the Commission. Provided, That the United States 
        Commissioners and Panel members and alternates shall 
        not, with respect to commitments concerning the United 
        States share of the joint expenses of the Organization, 
        be subject to section 262b of title 22, United States 
        Code, insofar as it limits the authority of United 
        States representatives to international organizations 
        with respect to such commitments;
          (c) amounts for research, enhancement, and other 
        activities necessary to carry out the purposes of the 
        Treaty and this title; and
          (d) such amounts as may be due to settle accounts 
        upon termination of the International Pacific Salmon 
        Fisheries Commission.

SEC. 13. REPEALER.

    The Sockeye Salmon or Pink Salmon Fishing Act of July 29, 
1947 (16 U.S.C. 776-776f), as amended by the Act of July 11, 
1957, sections 1-3, is repealed, effective December 31, 1985. 
The Secretary of State \21\ shall dispose of any United States 
property held by the International Pacific Salmon Fisheries 
Commission on the date of its termination in a manner which 
would further the purposes of this title.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 3642, beginning at ``The Secretary of State''.
---------------------------------------------------------------------------

SEC. 14.\22\ SAVINGS.

    This title shall not be interpreted or applied so as to 
affect or modify rights established in existing Indian treaties 
and other existing Federal laws, including the Order entered in 
Confederated Tribes and Bands of the Yakima Indian Nation v. 
Baldrige, Civil No. 80-342 (WD WASH.). This section shall not 
be interpreted or applied so as to affect or modify any rights 
or obligations of the United States pursuant to the Treaty.
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 3643.
---------------------------------------------------------------------------

SEC. 15.\23\ RESTRICTION ON SPENDING AUTHORITY.

    New spending authority or authority to enter into contracts 
provided in this Act shall be effective only to such extent, or 
in such amounts, as are provided in advance in appropriation 
Acts.
---------------------------------------------------------------------------
    \23\ 16 U.S.C. 3644.
               b. Atlantic Salmon Convention Act of 1982

  Title III of Public Law 97-389 [H.R. 3942], 96 Stat. 1949 at 1951, 
approved December 29, 1982; as amended by Public Law 98-44 [S. 625], 97 
                   Stat. 216, approved July 12, 1983

 AN ACT To amend the Commercial Fisheries Research and Development Act 
                                of 1964.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Fisheries Amendments of 1982''.
          * * * * * * *

                TITLE III--NORTH ATLANTIC SALMON TREATY

    Sec. 301.\1\ This title may be cited as the ``Atlantic 
Salmon Convention Act of 1982''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 3601 note.
---------------------------------------------------------------------------
    Sec. 302.\2\ As used in this title, the term--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 3601.
---------------------------------------------------------------------------
          (1) ``Act of 1976'' means the Act entitled ``An Act 
        to provide for the conservation and management of the 
        fisheries, and for other purposes'', approved April 13, 
        1976 (16 U.S.C. 1801 et seq.);
          (2) ``Commission'' means any of the Commissions of 
        the Organization that are established by the 
        Convention;
          (3) ``Commissioner'' means a United States 
        Commissioner appointed under section 403 of this title;
          (4) ``Convention'' means the Convention for the 
        Conservation of Salmon in the North Atlantic Ocean, 
        signed at Reykjavik, Iceland, on March 2, 1982;
          (5) ``Council'' means the Council established by the 
        Convention;
          (6) ``fishing'' has the same meaning as such term has 
        in section 3(10) of the Act of 1976 (16 U.S.C. 
        1802(10));
          (7) ``Organization'' means the North Atlantic Salmon 
        Conservation Organization established under the 
        Convention;
          (8) ``person'' has the same meaning as such term has 
        in section 3(19) of the Act of 1976 (16 U.S.C. 
        1802(19)); and
          (9) ``salmon'' means all species of salmon which 
        migrate in or into the waters of the Atlantic Ocean 
        north of 36 degrees north latitude.
    Sec. 303.\3\ (a) The United States shall be represented on 
the Council and Commissions by three United States 
Commissioners to be appointed by the President to serve at his 
pleasure. Of such Commissioners, one shall be an official of 
the United States Government, and two shall be individuals (not 
officials of the United States Government) who are 
knowledgeable or experienced concerning the conservation and 
management of salmon of United States origin.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 3602.
---------------------------------------------------------------------------
    (b) The Secretary of State, in consultation with the 
Secretary of Commerce and the Secretary of the Interior, may 
designate alternate United States Commissioners. In the absence 
of a Commissioner appointed under subsection (a) of this 
section, an alternate Commissioner may exercise at any meeting 
of the Organization, the Council, or any Commission all 
functions of such Commissioner.
    (c) Individuals who serve as Commissioners and alternate 
Commissioners shall not receive any compensation for such 
service. Such individuals shall not \4\ be considered to be 
Federal employees while performing such service, except for 
purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code.
---------------------------------------------------------------------------
    \4\ Sec. 102(1) of Public Law 98-44 (97 Stat. 216) added the word 
``not''.
---------------------------------------------------------------------------
    (d) In carrying out their functions under the Convention, 
the Commissioners may consult with the appropriate Regional 
Fishery Management Councils established by section 302 of the 
Act of 1976 (16 U.S.C. 1852), and may consult with such other 
interested parties as they consider appropriate. The Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not 
apply to consultations described in this subsection.
    Sec. 304.\5\ (a) The Secretary of State may--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 3603.
---------------------------------------------------------------------------
          (1) receive, on behalf of the United States, reports, 
        requests, recommendations, proposals, and other 
        communications of the Organization and its subsidiary 
        organs;
          (2) with the concurrence of the Secretary of Commerce 
        and the Secretary of the Interior, approve, object to, 
        or withdraw objections to regulatory measures proposed 
        in accordance with the Convention; and
          (3) act upon, or refer to other appropriate 
        authority, any communication referred to in paragraph 
        (1) of this subsection other than a proposed regulatory 
        measure.
    (b) If the concurrence required under subsection (a)(2) of 
this section has not been obtained by the Secretary of State--
          (1) regarding the approval of, or the objection to, a 
        proposed regulatory measure within forty-five days 
        after the measure was received on behalf of the United 
        States; or
          (2) regarding the withdrawal of an objection of the 
        United States to a proposed regulatory measure within 
        forty-five days after such withdrawal is proposed by 
        the Secretary of State;
the Secretary of State shall submit the matter in disagreement, 
together with a statement of the opposing positions, to the 
President for timely disposition.
    Sec. 305.\6\ (a) The Secretary of Commerce, in cooperation 
with the Secretary of the Interior and the Secretary of the 
department in which the Coast Guard is operating, shall 
promulgate such regulations pursuant to section 553 of title 5, 
United States Code, as may be necessary to carry out the 
purposes and objectives of the Convention and this title, and 
to implement regulatory measures that are binding on the United 
States under the Convention. Any such regulation may be made 
applicable, as necessary, to all persons and all vessels 
subject to the jurisdiction of the United States, wherever 
located.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 3604.
---------------------------------------------------------------------------
    (b) The Secretary of Commerce, in cooperation with the 
Secretary of the Interior, shall prepare all statements, 
reports, and notifications required by articles 14 and 15 of 
the Convention and submit such documents to the Secretary of 
State for transmission to the Organization.
    Sec. 306.\7\ (a) In carrying out the provisions of the 
Convention, the Secretary of Commerce, in consultation with the 
Secretary of the Interior, may arrange for the cooperation of 
agencies of the United States and the States, and of private 
institutions and organizations.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 3605.
---------------------------------------------------------------------------
    (b) Appropriate agencies of the United States may cooperate 
in the conduct of scientific and other programs, and may 
furnish facilities and personnel, for the purposes of assisting 
the Organization in carrying out its duties under the 
Convention. Such agencies may accept reimbursement from the 
Organization for providing such services, facilities, and 
personnel.
    Sec. 307.\8\ (a) It is unlawful for any person, or any 
vessel, subject to the jurisdiction of the United States--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 3606.
---------------------------------------------------------------------------
          (1) to conduct directed fishing for salmon in waters 
        seaward of twelve miles from the baselines from which 
        the breadths of territorial seas are measured, in 
        waters of the Atlantic Ocean north of 36 degrees north 
        latitude; or
          (2) to violate any provision of the Convention or 
        this title, or of any regulation promulgated under this 
        title.
    (b) Any person who commits any act that is unlawful under 
subsection (a) of this section shall--
          (1) be liable to the United States for a civil 
        penalty under section 308 of the Act of 1976 (16 U.S.C. 
        1858) to the same extent as if such act were an act 
        prohibited under section 307 of the Act of 1976 (16 
        U.S.C. 1857); and
          (2) be guilty of an offense under section 309 of the 
        Act of 1976 (16 U.S.C. 1859) to the same extent as if 
        such act were an act prohibited by section 307(1) (D), 
        (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1) 
        (D), (E), (F), or (H)).
    (c) \9\ Any vessel used, and any fish (or the fair market 
value thereof) taken or retained in any manner, in connection 
with or as the result of the commission of an act which is 
unlawful under subsection (a) of this section shall be subject 
to civil forfeiture under section 310 of the Act of 1976 (16 
U.S.C. 1860) to the same extent as if such vessel was used in, 
or such fish was taken or retained in connection with or as the 
result of, the commission of an act prohibited by section 307 
of the Act of 1976 (16 U.S.C. 1857).
---------------------------------------------------------------------------
    \9\ Sec. 102(2) of Public Law 98-44 (97 Stat. 216) amended and 
restated subsec. (c).
---------------------------------------------------------------------------
    Sec. 308.\10\ The Secretary of Commerce and the Secretary 
of the department in which the Coast Guard is operating shall 
enforce the provisions of this title and any regulation issued 
under this title. For purposes of such enforcement, such 
provisions and regulations shall be considered to be provisions 
of the Act of 1976 to which section 311 (a), (b), (c), and (d) 
of the Act of 1976 (16 U.S.C. 1861 (a), (b), (c), and (d), 
respectively) apply.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 3607.
---------------------------------------------------------------------------
    Sec. 309.\11\ There are authorized to be appropriated from 
time to time such sums as may be necessary for carrying out the 
purposes and provisions of the Convention and this title, 
including--
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 3608.
---------------------------------------------------------------------------
          (1) necessary travel expenses of the Commissioners 
        and alternate Commissioners in accordance with the 
        Federal Travel Regulation and sections 5701, 5702, 5704 
        through 5708, and 5731 of title 5, United States Code; 
        and
          (2) the United States contribution to the 
        Organization as provided in Article 16 of the 
        Convention, not to exceed $50,000 for fiscal year 1983, 
        and not to exceed, for each succeeding fiscal year, the 
        amount assessed by the Organization for the United 
        States for such year.
          * * * * * * *
    13. Northern Boundary and Transboundary Rivers Restoration and 
Enhancement Fund and Southern Boundary Restoration and Enhancement Fund

 Partial text of H.R. 3421, as enacted into law by Sec. 1000(a)(1) of 
Public Law 106-113 [Consolidated Appropriations Act, 2000; H.R. 3194], 
 113 Stat. 1501, approved November 29, 1999; as amended by Public Law 
106-553 [Federal Funding, Fiscal Year 2001; H.R. 4942], 114 Stat. 2762, 
                       approved December 21, 2000

A BILL Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 2000, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled, That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2000, and for other purposes, 
namely:
          * * * * * * *
    Sec. 623.\1\ (a) Northern Fund and Southern Fund.--
          (1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund.\2\ Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
---------------------------------------------------------------------------
    \1\ 116 U.S.C. 3645.
    \2\ Sec. 628 of H.R. 5548, as enacted into law by Public Law 106-
553 (114 Stat. 2762) struck out ``The Northern Fund and Southern Fund 
shall each receive $10,000,000 of the amounts authorized by this 
section.''.
---------------------------------------------------------------------------
          (2) Fund management.--
                  (A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canada to 
                Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                  (B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern 
                Fund Committee.
    (b) Pacific Salmon Treaty Implementation.--(1) None of the 
funds authorized by this section for implementation of the 1999 
Pacific Salmon Treaty Agreement shall be made available until 
each of the following conditions to the 1999 Pacific Salmon 
Treaty Agreement has been fulfilled--
          (A) stipulations are revised and court orders 
        requested as set forth in the letter of understanding 
        of the United States negotiators dated June 22, 1999. 
        If such orders are not requested by December 31, 1999, 
        this condition shall be considered unfulfilled; and
          (B) a determination is made that--
                  (i) the entry by the United States into the 
                1999 Pacific Salmon Treaty Agreement;
                  (ii) the conduct of the Alaskan fisheries 
                pursuant to the 1999 Pacific Salmon Treaty 
                Agreement, without further clarification or 
                modification of the management regimes 
                contained therein; and
                  (iii) the decision by the North Pacific 
                Fisheries Management Council to continue to 
                defer its management authority over salmon to 
                the State of Alaska are not likely to cause 
                jeopardy to, or adversely modify designated 
                critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in 
                any fishery subject to the Pacific Salmon 
                Treaty.
    (2) If the requests for orders in subparagraph (1)(A) are 
withdrawn after December 31, 1999, or if such orders are not 
entered by March 1, 2000, amounts in the Northern Fund and the 
Southern Fund shall be transferred to the general fund of the 
United States Treasury.
    (3) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce shall determine whether 
Southern United States fisheries are likely to cause jeopardy 
to, or adversely modify designated critical habitat of, any 
salmonid species listed under Public Law 93-205, as amended, 
before the Secretary of Commerce may initiate or reinitiate 
consultation on Alaska fisheries under such Act.
    (4) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce may not initiate or 
reinitiate consultation on Alaska fisheries under section 7 of 
Public Law 93-205, as amended, until--
          (A) the Pacific Salmon Commission has had a 
        reasonable opportunity to implement the provisions of 
        the 1999 Pacific Salmon Treaty Agreement, including the 
        harvest responses pursuant to paragraph 9, chapter 3 of 
        Annex IV to the Pacific Salmon Treaty; and
          (B) he determines, in consultation with the United 
        States Section of the Pacific Salmon Commission, that 
        implementation actions under the 1999 Agreement will 
        not return escapements as expeditiously as possible to 
        maximum sustainable yield or other biologically-based 
        escapement objectives agreed to by the Pacific Salmon 
        Commission.
    (5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives of his 
intent to initiate or reinitiate consultation on Alaska 
fisheries.
    (6)(A) For purposes of this section, ``Alaska fisheries'' 
means all directed Pacific salmon fisheries off the coast of 
Alaska that are subject to the Pacific Salmon Treaty.
    (B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in 
Washington, Oregon, and the Snake River basin of Idaho that are 
subject to the Pacific Salmon Treaty.
    (c) Improved Salmon Management. * * * \3\
---------------------------------------------------------------------------
    \3\ Subsec. (c) amends the Pacific Salmon Treaty Act of 1985 
(Public Law 99-5).
---------------------------------------------------------------------------
    (d)(1) \4\ Pacific salmon treaty.--
---------------------------------------------------------------------------
    \4\ Sec. 628 of H.R. 5548, as enacted into law by Public Law 106-
553 (114 Stat. 2762), struck out subsec. (d) and inserted in lieu 
thereof a new subsec. (d). Subsec. (d) previously provided the 
authorization for appropriations for fiscal year 2000.
---------------------------------------------------------------------------
          (A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $75,000,000.
          (B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $65,000,000.
          (C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty 
        Agreement, there is authorized to be appropriated in 
        fiscal years 2000, 2001, and 2002 a total of 
        $30,000,000.
    (2) Pacific coastal salmon recovery.--
          (A) For salmon habitat restoration, salmon stock 
        enhancement, and salmon research, including the 
        construction of salmon research and related facilities, 
        there is authorized to be appropriated for each of 
        fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to 
        the States of Alaska, Washington, Oregon, and 
        California. Amounts appropriated pursuant to this 
        subparagraph shall be made available as direct 
        payments. The State of Alaska may allocate a portion of 
        any funds it receives under this subsection to eligible 
        activities outside Alaska.
          (B) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and supplementation 
        activities, there is authorized to be appropriated in 
        each of fiscal years 2000, 2001, 2002, and 2003, 
        $10,000,000 to be divided between the Pacific Coastal 
        tribes (as defined by the Secretary of Commerce) and 
        the Columbia River tribes (as defined by the Secretary 
        of Commerce).
          * * * * * * *
    14. Antarctic Marine Living Resources Convention Act of 1984 \1\

  Title III of Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3398, 
                       approved November 8, 1984

   AN ACT To approve governing international fishery agreements with 
  Iceland and the EEC; to establish national standards for artificial 
  reefs; to implement the Convention on the Conservation of Antarctic 
            Marine Living Resources; and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *
---------------------------------------------------------------------------
    \1\ See also legislation relating to Antarctica and environment, 
beginning at page 626.
---------------------------------------------------------------------------

        TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION

SEC. 301.\2\ SHORT TITLE.

    This title may be cited as the ``Antarctic Marine Living 
Resources Convention Act of 1984''.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 2431 note.
---------------------------------------------------------------------------

SEC. 302.\3\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \3\ 16 U.S.C 2431.
---------------------------------------------------------------------------
          (1) the Convention of the Conservation of Antarctic 
        Marine Living Resources establishes international 
        mechanisms and creates legal obligations necessary for 
        the protection and conservation of Antarctic marine 
        living resources;
          (2) the Convention incorporates an innovative 
        ecosystem approach to the management of Antarctic 
        marine living resources, including standards designed 
        to ensure the health of the individual populations and 
        species and to maintain the health of the Antarctic 
        marine ecosystem as a whole;
          (3) the Convention serves important United States 
        environmental and resource management interests;
          (4) the Convention represents an important 
        contribution to United States long term legal and 
        political objectives of maintenance of Antarctica as an 
        area of peaceful international cooperation;
          (5) United States basic and directed research 
        programs concerning the marine living resources of the 
        Antarctic are essential to achieve the United States 
        goal of effective implementation of the objectives of 
        the Convention; and
          (6) the United States has important security, 
        economic, and environmental interest in developing and 
        maintaining a fleet of ice-breaking vessels capable of 
        operating effectively in the heavy ice regions of 
        Antarctica.
          (b) Purpose.--The purpose of this title is to provide 
        the legislative authority necessary to implement, with 
        respect to the United States, the Convention on the 
        Conservation of Antarctic Marine Living Resources.

SEC. 303.\4\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 2432.
---------------------------------------------------------------------------
          (1) Antarctic convergence.--The term ``Antarctic 
        Convergence'' means a line joining the following points 
        along the parallels of latitude and meridians of 
        longitude: 50 degrees south, 0 degrees; 50 degrees 
        south, 30 degrees east; 45 degrees south, 30 degrees 
        east; 45 degrees south, 80 degrees east; 55 degrees 
        south, 80 degrees east; 55 degrees south, 150 degrees 
        east; 60 degrees south, 150 degrees east; 60 degrees 
        south; 50 degrees west; 50 degrees south, 50 degrees 
        west; and 50 degrees south, 0 degrees.
          (2) Antarctic marine living resources.--The term 
        ``Antarctic marine living resources'' means the 
        population of finfish, molluscs, crustaceans and all 
        other species of living organisms, including birds, 
        found south of the Antarctic Convergence.
          (3) Commission.--The term ``Commission'' means the 
        Commission for the Conservation of Antarctic Marine 
        Living Resources established pursuant to article VII of 
        the Convention.
          (4) Convention.--The term ``Convention'' means the 
        Convention on the Conservation of Antarctic Marine 
        Living Resources, done at Canberra, Australia, May 7, 
        1980, and entered into forces with respect to the 
        United States on April 7, 1982.
          (5) Harvesting or other associated activities.--The 
        terms ``harvesting'' and ``harvesting or other 
        associated activities'' mean--
                  (A) the harassing, molesting, harming, 
                pursuing, hunting, shooting, wounding, killing, 
                trapping, or capturing of Antarctic marine 
                living resources;
                  (B) attempting to engage in any activity set 
                forth in subparagraph (A);
                  (C) any other activity which can reasonably 
                be expected to result in any activity described 
                in subparagraph (A); and
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
          (6) Harvest.--The term ``harvest'' means to engage in 
        harvesting or other associated activities.
          (7) Import.--The term ``import'' means to land on, 
        bring into, or introduce into, or attempt to land on, 
        bring into, or introduce into, any place subject to the 
        jurisdiction of the United States, whether or not such 
        landing constitutes an importation within the meaning 
        of the customs laws of the United States.
          (8) Person.--The term ``person'' means an individual, 
        partnership, corporation, trust, association, and any 
        other entity subject to the jurisdiction of the United 
        States.
          (9) Scientific committee.--The term ``Scientific 
        Committee'' means the Scientific Committee for the 
        Conservation of Antarctic Marine Living Resources 
        established pursuant to article IV of the Convention.
          (10) Vessel of the united states.--The term ``vessel 
        of the United States'' means--
                  (A) a vessel documented under chapter 121 of 
                title 46, United States Code, or a vessel 
                numbered as provided in chapter 123 of that 
                title:
                  (B) a vessel owned in whole or in part by--
                          (i) the United States or a territory, 
                        commonwealth, or possession of the 
                        United States;
                          (ii) a State or political subdivision 
                        thereof;
                          (iii) a citizen or national of the 
                        United States; or
                          (iv) a corporation created under the 
                        laws of the United States or any state, 
                        the District of Columbia, or any 
                        territory, commonwealth, or possession 
                        of the United States;
                unless the vessel has been granted the 
                nationality of a foreign nation in accordance 
                with Article 5 of the 1958 Convention on the 
                High Seas; and
                  (C) a vessel that was once documented under 
                the laws of the United States and, in violation 
                of the laws of the United States, was either 
                sold to a person not a citizen of the United 
                States or placed under foreign registry or a 
                foreign flag, whether or not the vessel has 
                been granted the nationality of a foreign 
                nation in accordance with Article 5 of the 1958 
                Convention on the High Seas.
          (11) Vessel subject to the jurisdiction of the united 
        states.--The term ``vessel subject to the jurisdiction 
        of the United States'' includes a vessel without 
        nationality or a vessel assimilated to a vessel without 
        nationality, in accordance with paragraph (2) of 
        Article 6 of the 1958 Convention on the High Seas.

SEC. 304.\5\ REPRESENTATIVES.

    (a) Representative to the Commission.--The Secretary of 
State, with the concurrence of the Secretary of Commerce and 
the Director of the National Science Foundation, shall appoint 
an officer or employee of the United States as the United 
States representative to the Commission.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 2433.
---------------------------------------------------------------------------
    (b) Representative to the Scientific Committee.--The 
Secretary of Commerce and the Director of the National Science 
Foundation, with the concurrence of the Secretary of State, 
shall designate the United States representative to the 
Scientific Committee.
    (c) Compensation.--The United States representatives to the 
Commission and the Scientific Committee shall receive no 
additional compensation by reason of their services as such 
representatives.

SEC. 305.\6\ CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND 
                    INSPECTION.

    (a) Conservation Measures.--(1) The Secretary of State, 
with the concurrence of the Secretary of Commerce and the 
Director of the National Science Foundation, is authorized--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 2434.
---------------------------------------------------------------------------
          (A) to decide on behalf of the United States whether 
        the United States is unable to accept or can no longer 
        accept a conservation measure adopted by Commission 
        pursuant to Article IX of the Convention, and
          (B) to notify the Commission of any such decision in 
        accordance with Article IX of the Convention.
    (2) The Secretary of State shall--
          (A) publish in the Federal Register, if practicable, 
        timely notice of each proposed decision under paragraph 
        (1) and invite written public comment regarding it; and
          (B) publish in the Federal Register notice of each 
        notification made to the Commission under paragraph 
        (1).
    (b) System of Observation and Inspection.--The Secretary of 
State, with the concurrence of the Secretary of Commerce, the 
Director of the National Science Foundation and the Secretary 
of the department in which the Coast Guard is operating, is 
authorized to agree on behalf of the United States to the 
establishment of a system of observation and inspection, and to 
interim arrangements pending establishment of such a system, 
pursuant to Article XXIV of the Convention.
    (c) Communications from the Commission.--The Secretary of 
State is further authorized to receive, on behalf of the United 
States Government, reports, requests, and other communications 
from the Commission and to take appropriate action on them, 
either directly or by reference to the appropriate authority.

SEC. 306.\7\ UNLAWFUL ACTIVITIES.

    It is unlawful for any person--
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 2435.
---------------------------------------------------------------------------
          (1) to engage in harvesting or other associated 
        activities in violation of the provisions of the 
        Convention or in violation of a conservation measure in 
        force with respect to the United States pursuant to 
        Article IX of the Convention;
          (2) to violate any regulation promulgated under this 
        title;
          (3) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any Antarctic marine living resource (or 
        part or product thereof) which he knows, or reasonably 
        should have known, was harvested in violation of a 
        conservation measure in force with respect to the 
        United States pursuant to Article IX of the Convention 
        or in violation of any regulation promulgated under 
        this title, without regard to the citizenship of the 
        person that harvested, or vessel that was used in the 
        harvesting of, the Antarctic marine living resource (or 
        part or product thereof);
          (4) to refuse to permit any authorized officer or 
        employee of the United States to board a vessel of the 
        United States or a vessel subject to the jurisdiction 
        of the United States for purposes of conducting any 
        search or inspection in connection with the enforcement 
        of the Convention, this title, or any regulations 
        promulgated under this title;
          (5) to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized officer or employee of 
        the United States in the conduct of any search or 
        inspection described in paragraph (4);
          (6) to resist a lawful arrest or detention for any 
        act prohibited by this section; or
          (7) to interfere with, delay, or prevent by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this section.

SEC. 307.\8\ REGULATIONS.

    The Secretary of Commerce, after consultation with the 
Secretary of State, the Secretary of the department in which 
the Coast Guard is operating, and the heads of other 
appropriate departments or agencies of the United States, shall 
promulgate such regulations as are necessary and appropriate to 
implement the provisions of this title.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 2436.
---------------------------------------------------------------------------

SEC. 308.\9\ CIVIL PENALTIES.

    (a) Assessment of penalties.--(1) Any person who is found 
by the Secretary of Commerce, after notice and opportunity for 
a hearing in accordance with subsection (b), to have committed 
any act prohibited by section 306 shall be liable to the United 
States for a civil penalty. The amount of the civil penalty 
shall not exceed $5,000 for each violation unless the 
prohibited act was knowingly committed, in which case the 
amount of the civil penalty shall not exceed $10,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate violation for purposes of this subsection. The 
amount of any civil penalty shall be assessed by the Secretary 
of Commerce by written notice. In determining the amount of 
such penalty, the Secretary of Commerce shall take into account 
the nature, circumstances, extent, and gravity of the 
prohibited acts committed, and, with respect to the person 
committing the violation, the degree of culpability, and 
history of prior offenses, ability to pay, and such other 
matters as justice may require, to the extent that such 
information is reasonably available to the Secretary.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 2437.
---------------------------------------------------------------------------
    (2) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty which is 
subject to imposition or which has been imposed under this 
section, until such time as the matter is referred to the 
Attorney General under subsection (c) of this section.
    (b) Hearings.--Hearings for the assessment of civilian 
penalties under subsection (a) shall be conducted in accordance 
with section 554 of title 5, United States Code. For the 
purposes of conducting any such hearing, the Secretary of 
Commerce may issue subpoenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, and 
documents, and may administer oaths. Witnesses summoned shall 
be paid the same fees and mileage that are paid to witnesses in 
the courts of the United States. In case of contumacy or 
refusal to obey a subpoena served upon any person pursuant to 
this subsection, the district court of the United States for 
any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General of 
the United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear 
and give testimony before the Secretary of Commerce or to 
appear and produce documents before the Secretary of Commerce, 
or both, and any failure to obey such order of the court may be 
punished by such court as a contempt thereof.
    (c) Review of Civil Penalty.--Any person against whom a 
civil penalty is assessed under subsection (a) of this section 
may obtain review thereof in the appropriate district court of 
the United States by filing a notice of appeal in such court 
within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail 
to the Secretary of Commerce, the Attorney General, and the 
appropriate United States Attorney. The Secretary of Commerce 
shall promptly refer the matter to the Attorney General of the 
United States, who shall file in such court a certified copy of 
the record upon which the violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. The court shall set aside the findings and order of the 
Secretary if the findings and order are found to be unsupported 
by substantial evidence, as provided in section 706(2)(E) of 
title 5, United States Code.
    (d) Recovery of Civil Penalties.--The Attorney General of 
the United States may seek to recover in any appropriate 
district court of the United States (1) any civil penalty 
imposed under this section that has become a final and 
unappealable order and has been referred to the Attorney 
General by the Secretary of Commerce or (2) any final judgment 
rendered under this section in favor of the United States by an 
appropriate court.
    (e) Penalties Under Other Laws.--The assessment of a civil 
penalty under subsection (a) for any act shall not be deemed to 
preclude the assessment of a civil penalty for such act under 
any other law.

SEC. 309.\10\ CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if that 
person commits any act prohibited by paragraph (4), (5), (6), 
or (7) of section 306.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 2438.
---------------------------------------------------------------------------
    (b) Punishment.--Any offense described in subsection (a) is 
punishable by a fine of $50,000 or imprisonment for not more 
than ten years, or both.
    (c) Offenses Under Other Laws.--A conviction under 
subsection (a) for any act shall not be deemed to preclude a 
conviction for such act under any other law.

SEC. 310.\11\ ENFORCEMENT.

    (a) Responsibility.--The provisions of this title shall be 
enforced by the Secretary of Commerce and the Secretary of the 
department in which the Coast Guard is operating. Such 
Secretaries may utilize by agreement, on a reimbursable basis 
or otherwise, the personnel, services, and facilities of any 
other department or agency of the United States in the 
performance of such duties.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 2439.
---------------------------------------------------------------------------
    (b) Powers of Authorized Officers and Employees.--Any 
officer or employee of the United States who is authorized (by 
the Secretary of Commerce, the Secretary of the department in 
which the Coast Guard is operating, or the head of any 
department or agency of the United States which has entered 
into an agreement with either Secretary under subsection (a)) 
to enforce the provisions of this title and of any regulation 
promulgated under this title may, in enforcing such 
provisions--
          (1) secure, execute, and serve and order, warrant, 
        subpoena, or other process, which is issued under the 
        authority of the United States;
          (2) search without warrant any person, place, vehicle 
        or aircraft subject to the jurisdiction of the United 
        States where there are reasonable grounds to believe 
        that a person has committed or is attempting to commit 
        an act prohibited by section 306;
          (3) with or without a warrant board and search or 
        inspect any vessel of the United States or vessel 
        subject to the jurisdiction of the United States;
          (4) seize without warrant--
                  (A) any evidentiary item where there are 
                reasonable grounds to believe that a person has 
                committed or is attempting to commit an act 
                prohibited by section 306;
                  (B) any Antarctic marine living resources (or 
                part or product thereof) with respect to which 
                such an act is committed,
                  (C) any vessel of the United States 
                (including its gear, furniture, appurtenances, 
                stores, and cargo), any vessel subject to the 
                jurisdiction of the United States (including 
                its gear, furniture, appurtenances, stores, and 
                cargo), and any vehicle, aircraft, or other 
                means of transportation subject to the 
                jurisdiction of the United States used in 
                connection with such an act, and
                  (D) any guns, traps, nets, or equipment used 
                in connection with such an act;
          (5) offer and pay rewards for services or information 
        which may lead to the apprehension of persons violating 
        such provisions;
          (6) make inquiries, and administer to, or take from, 
        any person an oath, affirmation, or affidavit, 
        concerning any matter which is related to the 
        enforcement of such provisions;
          (7) in coordination with the Secretary of the 
        Treasury, detain for inspection and inspect any 
        package, crate, or other container, including its 
        contents, and all accompanying documents, upon 
        importation into, or exportation from, the United 
        States;
          (8) make an arrest with or without a warrant with 
        respect to any act prohibited by paragraph (4), (5), 
        (6), or (7) of section 306 if such officer or employee 
        has reasonable grounds to believe that the person to be 
        arrested is committing such act in his or her presence 
        or view or has committed such act;
          (9) exercise enforcement powers conferred on such 
        officer or employee under a system of observation and 
        inspection, or interim arrangements pending the 
        establishment of such system, which the Secretary of 
        State has agreed to on behalf of the United States 
        pursuant to section 305(b); and
          (10) exercise any other authority which such officer 
        or employee is permitted by law to exercise.
    (c) Seizure.--Subject to the succeeding provision of this 
subsection, any property or item seized pursuant to subsection 
(b) shall be held by any officer or employee of the United 
States, who is authorized by the Secretary of Commerce or the 
Secretary of the department in which the Coast Guard is 
operating, pending the disposition of civil or criminal 
proceedings concerning the violation relating to the property 
or item, or the institution of an action in rem for the 
forfeiture of such property or item. Such authorized officer or 
employee may, upon the order of a court of competent 
jurisdiction, either release such seized property or item to 
the world or destroy such property or item, when the cost of 
maintenance of the property or item pending the disposition of 
the case is greater than the legitimate market value of the 
property or item. Such authorized officer or employee and all 
officers or employees acting by or under his or her direction 
shall be indemnified from any penalties or actions for damages 
for so releasing or destroying such property or item. Such 
authorized officer or employee may, in lieu of holding such 
property or item, permit the owner or consignee thereof to post 
a bond or other satisfactory surety.
    (d) Forfeiture.--(1) Any Antarctic marine living resources 
(or part or product thereof) with respect to which an act 
prohibited by section 306 is committed, any vessel of the 
United States (including its gear, furniture, appurtenances, 
stores, and cargo), vessel subject to the jurisdiction of the 
United States (including its gear, furniture, appurtenances, 
stores, and cargo), or vessel, vehicle, or aircraft or other 
means of transportation subject to the jurisdiction of the 
United States, which is used in connection with an act 
prohibited by section 306, and all guns, traps, nets, and other 
equipment used in connection with such act, shall be subject to 
forfeiture to the United States.
    (2) Upon the forfeiture to the United States of any 
property or item described in paragraph (1), or upon the 
abandonment or waiver of any claim to any such property or 
item, it shall be disposed by the Secretary of Commerce, or the 
Secretary of the department in which the Coast Guard is 
operating, as the case may be, in such a manner, consistent 
with the purposes of this title, as may be prescribed by 
regulations.
    (e) Application of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of 
property (including vessels) for violation of the customs laws, 
the disposition of such property of the proceeds from the sale 
thereof, and the remission or mitigation of such forfeiture, 
shall apply to the seizures and forfeitures incurred, or 
alleged to have been incurred, and the compromise of claims, 
under the provisions of this title, insofar as such provisions 
of law are applicable and not inconsistent with the provisions 
of this title; except that all powers, rights, and duties 
conferred or imposed by the customs law upon any officer or 
employee of the Customs Service may, for the purposes of this 
title, also be exercised or performed by the Secretary of 
Commerce or the Secretary of the department in which the Coast 
Guard is operating, or by such officers or employees of the 
United States as each Secretary may designate.

SEC. 311.\12\ JURISDICTION OF COURTS.

    The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this title or of any regulation 
promulgated under this title.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 2440.
---------------------------------------------------------------------------

SEC. 312.\13\ FEDERAL AGENCY COOPERATION.

    (a) Responsibilities.--(1) For the purpose of carrying out 
the policies and objectives of the Convention or to implement 
any decision of the Commission--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 2441.
---------------------------------------------------------------------------
          (A) the Director of the National Science Foundation, 
        in consultation with the Secretary of State and the 
        heads of other appropriate departments and agencies of 
        the United States, shall continue to support basic 
        research investigations of the Antarctic marine 
        ecosystem as a part of the United States Antarctic 
        Program;
          (B) the Secretary of Commerce, in consultation with 
        the Director of the National Science Foundation, the 
        Secretary of State and the heads of other appropriate 
        Federal agencies, shall design and conduct the program 
        of directed scientific research as set forth in 
        paragraph 2 supplemental to and coordinated with the 
        United States Antarctic Program; and
          (C) the Secretary of Commerce and the Director of the 
        National Science Foundation, in consultation with the 
        Secretary of State, may furnish facilities and 
        personnel to the Commission in order to assist the 
        Commission in carrying out its functions.
    (2)(A) The Secretary of Commerce, in consultation with the 
Secretary of State, the Director of the National Science 
Foundation, and other appropriate Federal officials, shall 
prepare a plan, which shall be updated annually, for conducting 
the directed research program required under paragraph (1)(B) 
for each period of three consecutive fiscal years occurring 
during the period beginning on October 1, 1985, and ending on 
September 30, 1991. The Plan shall--
          (i) describe priority directed research needs for the 
        implementation of the Convention;
          (ii) identify which of those needs are to be 
        fulfilled by the United States; and
          (iii) specify the design of the research referred to 
        in paragraph (1)(B) and the funds, personnel, and 
        facilities required for the research, including, in 
        particular, the need for and cost of enhanced ship 
        capacity.
    (B) In preparing the plan referred to in subparagraph (A), 
the Secretary of Commerce shall take into account, in addition 
to any other matters the Secretary considers appropriate, the 
possibilities of securing productive results, the minimization 
of duplication, and the methods for monitoring and evaluating a 
project.
    (C) The Secretary of Commerce shall submit to the Congress 
each year the plan required under subparagraph (A). That part 
of the plan covering fiscal years 1986 through 1988 shall be 
submitted not later than October 1, 1985. That part of the plan 
covering each 3-fiscal-year period thereafter shall be 
submitted not later than the February 1 occurring before the 
beginning of the first fiscal year covered by that part of the 
plan.
    (b) Consultation with Other Agencies.--In carrying out 
their functions under this section, the Secretary of State, the 
Secretary of Commerce, and the Director of the National Science 
Foundation shall consult, as appropriate, with the Marine 
Mammal Commission and with other departments and agencies of 
the United States.
    (c) Icebreaking.--The Department of Transportation shall 
facilitate planning for the design, procurement, maintenance, 
deployment, and operation of icebreakers needed to provide a 
platform for Antarctic research. All funds necessary to support 
icebreaking operations, except for recurring incremental costs 
associated with specific projects, shall be allocated to the 
United States Coast Guard.

SEC. 313.\14\ RELATIONSHIP TO EXISTING TREATIES AND STATUTES.

    (a) In General.--Nothing in this Act shall be construed as 
contravening or superseding (1) the provisions of any 
international treaty, convention, or agreement, if such treaty, 
convention or agreement is in force with respect to the United 
States on the date of the enactment of this title, or (2) the 
provisions of any statute which implements any such treaty, 
convention, or agreement. Nothing in this title shall be 
construed as contravening or superseding the provisions of any 
statute enacted before the date of the enactment of this title 
which may otherwise apply to Antarctic marine living resources.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 2442.
---------------------------------------------------------------------------
    (b) Application of More Restrictive Provisions.--Nothing in 
this section shall be construed to prevent the application of 
provisions of the Convention, conservation measures adopted by 
the Commission pursuant to article IX of the Convention, or 
regulations promulgated under this title, which are more 
restrictive than the provisions of, measures adopted under, or 
regulations promulgated under, the treaties or statutes 
described in subsection (a).

SEC. 314.\15\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, out of any moneys 
in the Treasury not otherwise appropriated, such sums as may be 
necessary for carrying out the provisions of this title, 
including, but not limited to--
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 2443.
---------------------------------------------------------------------------
          (1) necessary travel expenses of the United States 
        representatives referred to in section 304, alternate 
        United States representatives, and authorized advisers 
        and experts, in accordance with sections 5701 through 
        5708, 5731, and 5733 of title 5 United States Code, and 
        the regulations issued under those sections;
          (2) The United States contribution to the budget of 
        the Commission as provided in article XIX of the 
        Convention; and
          (3) the directed research program and the furnishing 
        of facilities and personnel to the Commission referred 
        to in section 312.

SEC. 315.\16\ SEVERABILITY.

    If any provision of this title or the application of this 
title to any person or circumstance is held invalid, neither 
the remainder of this title nor the application of that 
provision to other persons or circumstances shall be affected 
thereby.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 2444.
                  15. American Fisheries Promotion Act

  Partial text of Public Law 96-561 [S. 2163], 94 Stat. 3275 at 3287, 
                       approved December 22, 1980

 AN ACT To provide for the conservation and enhancement of the salmon 
and steelhead resources of the United States, assistance to treaty and 
    nontreaty harvesters of those resources, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *

               TITLE II--PROMOTION OF AMERICAN FISHERIES

SEC. 201.\1\ SHORT TITLE

    This title may be cited as the ``American Fisheries 
Promotion Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 211.\2\ UNITED STATES FISHERY TRADE OFFICERS.

    (a) Appointment.--For purposes of carrying out export 
promotion and other fishery development responsibilities, the 
Secretary of Commerce (hereinafter in this section referred to 
as the ``Secretary'') shall appoint not fewer than six officers 
who shall serve aboard to promote United States fishing 
interests. These officers shall be knowledgeable about the 
United States fishing industry, preferably with experience 
derived from the harvesting, processing, or marketing sectors 
of the industry or from the administration of fisheries 
programs. Such officers, who shall be employees of the 
Department of Commerce, shall have the designation of fishery 
trade officers.
---------------------------------------------------------------------------
    \2\ 15 U.S.C. 1511b.
---------------------------------------------------------------------------
    (b) Assignment.--Upon the request of the Secretary, the 
Secretary of State shall officially assign fishery trade 
officers to such diplomatic missions of the United States as 
the Secretary designates (three of which shall be those in 
Brussels, Belgium; Rome, Italy; and Tokyo, Japan) and shall 
obtain for them diplomatic privileges and immunities equivalent 
to those enjoyed by foreign service personnel of comparable 
rank and salary.
    (c) Functions of Fishery Trade Officers.--The functions of 
fishery trade officers appointed under subsection (a) shall 
be--
          (1) to increase the effectiveness of United States 
        fishery export promotion efforts through such 
        activities as the coordination of market development 
        efforts and the provision of services and facilities 
        for exporters of United States fishery products;
          (2) to develop, maintain, and make available to 
        interested persons listings of (A) trade, government, 
        and other organizations that are concerned with, or 
        have an interest in, international trade in United 
        States fishery products, and (B) United States fishery 
        products available for such trade;
          (3) to prepare quarterly reports regarding (A) the 
        supply, demand, and prices of each United States 
        fishery product exported, or for which there may be 
        export potential, to the foreign nation or area 
        concerned, and (B) the trade barriers or incentives of 
        such nation or area that affect imports of such 
        products;
          (4) to prepare weekly statements regarding the prices 
        for each fishery product for which there may be United 
        States export potential to the foreign nation or area 
        concerned; and
          (5) to carry out such other functions as the 
        Secretary may require.
    (d) Administration.--The Secretary of State and the 
Secretary shall enter into cooperative arrangements concerning 
the provision of office space, equipment, facilities, clerical 
services, and such other administrative support as may be 
required for fishery trade officers and their families.
          * * * * * * *
             16. Endangered Species Act of 1973, as amended

  Partial text of Public Law 93-205 [S. 1983], 87 Stat. 884, approved 
 December 28, 1973; as amended by Public Law 94-359 [S. 229], 90 Stat. 
911, approved July 12, 1976; Public Law 95-632 [Endangered Species Act 
  Amendments of 1978; S. 2899], 92 Stat. 3751, approved November 10, 
1978; Public Law 96-159 [S. 1143], 93 Stat. 1225, approved December 28, 
  1979; Public Law 97-304 [Endangered Species Act Amendments of 1982; 
H.R. 6133], 96 Stat. 1411, approved October 13, 1982; Public Law 99-659 
 [S. 991], 100 Stat. 3706, approved November 14, 1986; Public Law 100-
 478 [H.R. 1467], 102 Stat. 2306, approved October 7, 1988; and Public 
  Law 100-653 [H.R. 4030], 102 Stat. 3825, approved November 14, 1988

  AN ACT To provide for the conservation of endangered and threatened 
     species of fish, wildlife, and plants, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Endangered Species Act of 1973''.\1\
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1531 note. Sec. 301 of Public Law 102-251 extensively 
amended the Magnuson-Stevens Fishery Conservation and Management Act 
(Public Law 94-265; 16 U.S.C. 1801 et seq.), including providing a new 
definition of ``special areas'' in sec. 3(24), redesignated as sec. 
3(36) by sec. 405(a) of Public Law 104-297, as follows:
    ``The term `special areas' means the areas referred to as eastern 
special areas in Article 3(1) of the Agreement between the United 
States of American and the Union of Soviet Socialist Republics on the 
Maritime Boundary, signed June 1, 1990; in particular, the term refers 
to those areas east of the maritime boundary, as defined in that 
Agreement, that lie within 200 nautical miles of the baselines from 
which the breadth of the territorial sea of Russia is measured but 
beyond 200 nautical miles of the baselines from which the breadth of 
the territorial sea of the United States is measured.''.
    Sec. 305 of Public Law 102-251 (106 Stat. 66) further provided that 
``The special areas defined in section 3(24) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802(24)), shall be 
considered places that are subject to the jurisdiction of the United 
States for the purposes of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).''.
    \2\ Sec. 6 of Public Law 96-159 (93 Stat. 1228) added sec. 8A.
---------------------------------------------------------------------------

                           table of contents

Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
Sec. 4. Determination of endangered species and threatened species.
Sec. 5. Land acquisition.
Sec. 6. Cooperation with the States.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 8A.\2\ Convention implementation.
Sec. 9. Prohibited acts.
Sec. 10. Exceptions.
Sec. 11. Penalties and enforcement.
Sec. 12. Endangered plants.
Sec. 13. Conforming amendments.
Sec. 14. Repealer.
Sec. 15. Authorization of appropriations.
Sec. 16. Effective date.
Sec. 17. Marine Mammal Protection Act of 1972.

                     findings, purposes, and policy

    Sec. 2.\3\ (a) Findings.--The Congress finds and declares 
that--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1531.
---------------------------------------------------------------------------
          (1) various species of fish, wildlife, and plants in 
        the United States have been rendered extinct as a 
        consequence of economic growth and development 
        untempered by adequate concern and conservation;
          (2) other species of fish, wildlife, and plants have 
        been so depleted in numbers that they are in danger of 
        or threatened with extinction;
          (3) these species of fish, wildlife, and plants are 
        of esthetic, ecological, educational, historical, 
        recreational, and scientific value to the Nation and 
        its people;
          (4) the United States has pledged itself as a 
        sovereign state in the international community to 
        conserve to the extent practicable the various species 
        of fish or wildlife and plants facing extinction, 
        pursuant to--
                  (A) migratory bird treaties with Canada and 
                Mexico;
                  (B) the Migratory and Endangered Bird Treaty 
                with Japan;
                  (C) the Convention on Nature Protection and 
                Wildlife Preservation in the Western 
                Hemisphere;
                  (D) the International Convention for the 
                Northwest Atlantic Fisheries;
                  (E) the International Convention for the High 
                Seas Fisheries of the North Pacific Oceans;
                  (F) the Convention on International Trade in 
                Endangered Species of Wild Fauna and Flora; and
                  (G) other international agreements; and \4\
---------------------------------------------------------------------------
    \4\ Sec. 1013(a) of Public Law 100-478 (102 Stat. 2315) struck out 
the period following ``agreements'' and inserted in lieu thereof ``; 
and''.
---------------------------------------------------------------------------
          (5) encouraging the States and other interested 
        parties, through Federal financial assistance and a 
        system of incentives, to develop and maintain 
        conservation programs which meet national and 
        international standards is a key to meeting the 
        Nation's international commitments and to better 
        safeguarding, for the benefit of all citizens, the 
        Nation's heritage in fish and wildlife.
    (b) Purposes.--The purposes of this Act are to provide a 
means whereby the ecosystems upon which endangered species and 
threatened species depend may be conserved, to provide a 
program for the conservation of such endangered species and 
threatened species, and to take such steps as may be 
appropriate to achieve the purposes of the treaties and 
convention set forth in subsection (a) of this section.
    (c) Policy.--(1) \5\ It is further declared to be the 
policy of Congress that all Federal departments and agencies 
shall seek to conserve endangered species and threatened 
species and shall utilize their authorities in furtherance of 
the purposes of this Act.
---------------------------------------------------------------------------
    \5\ Sec. 9(a) of Public Law 97-304 (96 Stat. 1426) inserted the 
para. designation ``(1)'' and a new para. (2).
---------------------------------------------------------------------------
    (2) \5\ It is further declared to be the policy of Congress 
that Federal agencies shall cooperate with State and local 
agencies to resolve water resources issues in concert with 
conservation of endangered species.

                              definitions

    Sec. 3.\6\ For the purposes of this Act--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1532.
---------------------------------------------------------------------------
          (1) \7\ The term ``alternative courses of action'' 
        means all alternatives and thus is not limited to 
        original project objectives and agency jurisdiction.
---------------------------------------------------------------------------
    \7\ Sec. 2 of Public Law 95-632 (92 Stat. 3751) redesignated paras. 
(1), (2), and (3) as (2), (3), and (4) respectively, and added a new 
para. (1).
---------------------------------------------------------------------------
          (2) \7\ The term ``commercial activity'' means all 
        activities of industry and trade, including, but not 
        limited to, the buying or selling of commodities and 
        activities conducted for the propose of facilitating 
        such buying and selling: Provided, however, That it 
        does not include exhibition of commodities by museums 
        or similar cultural or historical organizations.\8\
---------------------------------------------------------------------------
    \8\ Sec. 5 of Public Law 94-359 (90 Stat. 913) added this proviso.
---------------------------------------------------------------------------
          (3) \7\ The terms ``conserve'', ``conserving,'' and 
        ``conservation'' mean to use and the use of all methods 
        and procedures which are necessary to being any 
        endangered species or threatened species to the point 
        at which the measures provided pursuant to this Act are 
        no longer necessary. Such methods and procedures 
        include, but are not limited to, all activities 
        associated with scientific resources management such as 
        research, census, law enforcement, habitat acquisition 
        and maintenance, propagation, live trapping, and 
        transplantation, and, in the extraordinary case where 
        population pressure within a given ecosystem cannot be 
        otherwise relieved, may include regulated taking.
          (4) \7\ The term ``Convention'' means the Convention 
        on International Trade in Endangered Species of Wild 
        Fauna and Flora, signed on March 3, 1973, and the 
        appendices thereto.
          (5) \9\ (A) The term ``critical habitat'' for a 
        threatened or endangered species means--
---------------------------------------------------------------------------
    \9\ Sec. 2 of Public Law 95-632 (92 Stat. 3721) redesignated paras. 
(4), (5), (6), and (7) as paras. (6), (8), (9), and (10), respectively, 
and added new paras. (5) and (7).
---------------------------------------------------------------------------
                  (i) the specific areas within the 
                geographical area occupied by the species, at 
                the time it is listed in accordance with the 
                provisions of section 4 of this Act, on which 
                are found those physical or biological features 
                (I) essential to the conservation of the 
                species and (II) which may require special 
                management considerations or protection; and
                  (ii) specific areas outside the geographical 
                area occupied by the species at the time it is 
                listed in accordance with the provisions of 
                section 4 of this Act, upon a determination by 
                the Secretary that such areas are essential for 
                the conservation of the species.
          (B) Critical habitat may be established for those 
        species now listed as threatened or endangered species 
        for which no critical habitat has heretofore been 
        established as set forth in subparagraph (A) of this 
        paragraph.
          (C) Except in those circumstances determined by the 
        Secretary, critical habitat shall not include the 
        entire geographical area which can be occupied by the 
        threatened or endangered species.
          (6) \9\ The term ``endangered species'' means any 
        species which is in danger of extinction throughout all 
        or a significant portion of its range other than a 
        species of the Class Insecta determined by the 
        Secretary to constitute a pest whose protection under 
        the provisions of this Act would present an 
        overwhelming and overriding risk to man.
          (7) \9\ The term ``Federal agency'' means any 
        department, agency, or instrumentality of the United 
        States.
          (8) \9\ The term ``fish or wildlife'' means any 
        member of the animal kingdom, including without 
        limitation any mammal, fish, bird (including any 
        migratory, nonmigratory, or endangered bird for which 
        protection is also afforded by treaty or other 
        international agreement), amphibian, reptile, mollusk, 
        crustacean, arthropod or other invertebrate, and 
        includes any part, product, egg, or offspring thereof, 
        or the dead body or parts thereof.start here
          (9) \9\ The term ``foreign commerce'' includes, among 
        other things, any transaction--
                  (A) between persons within one foreign 
                country;
                  (B) between persons in two or more foreign 
                countries;
                  (C) between a person within the United States 
                and a person in a foreign country; or
                  (D) between persons within the United States, 
                where the fish and wildlife in question are 
                moving in any country or countries outside the 
                United States.
          (10) \9\ The term ``import'' means to land on, bring 
        into, or introduce into, or attempt to land on, bring 
        into, or introduce into, any place subject to the 
        jurisdiction of the United States, whether or not such 
        landing, bringing, or introduction constitutes an 
        importation within the meaning of the customs laws of 
        the United States.
          (11) \10\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \10\ Sec. 4(b) of Public Law 97-304 (96 Stat. 1420) repealed para. 
(11), which defined the term ``irresolvable conflict''. Originally, 
sec. 2 of Public Law 95-632 (92 Stat. 2752) added para. (11), which was 
subsequently amended by sec. 2 of Public Law 96-159 (93 Stat. 1225).
---------------------------------------------------------------------------
          (12) \11\ The term ``permit or license applicant'' 
        means, when used with respect to an action of a Federal 
        agency for which exemption is sought under section 7, 
        any person whose application to such agency for a 
        permit or license has been denied primarily because of 
        the application of section 7(a) to such agency action.
---------------------------------------------------------------------------
    \11\ Sec. 2 of Public Law 95-632 (92 Stat. 2752) redesignated 
paras. (8) through (16) as paras. (13) through (21) and added new 
paras. (11) and (12).
---------------------------------------------------------------------------
          (13) \11\, \12\ The term ``person'' means 
        an individual, corporation, partnership, trust, 
        association, or any other private entity; or any 
        officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any 
        State, municipality, or political subdivision of a 
        State, or of any foreign government; any State, 
        municipality, or political subdivision of a State; or 
        any other entity subject to the jurisdiction of the 
        United States.
---------------------------------------------------------------------------
    \12\ Sec. 1001 of Public Law 100-478 (102 Stat. 2306) amended and 
restated para. (13) and inserted ``also'' before ``means the Secretary 
of Agriculture'' in para. (15).  Para. (13) previously read as follows:
    ``The term `person' means an individual, corporation, partnership, 
trust, association, or any other private entity, or any officer, 
employee, agent, department, or instrumentality of the Federal 
Government, of any State or political subdivision thereof, or of any 
foreign government.''.
---------------------------------------------------------------------------
          (14) \11\ The term ``plant'' means any member of the 
        plant kingdom, including seeds, roots and other parts 
        thereof.
          (15) \11\ The term ``Secretary'' means, except as 
        otherwise herein provided, the Secretary of the 
        Interior or the Secretary of Commerce as program 
        responsibilities are vested pursuant to the provisions 
        of Reorganization Plan Numbered 4 of 1970; except that 
        with respect to the enforcement of the provisions of 
        this Act and the Convention which pertain to the 
        importation or exportation of terrestrial plants, the 
        term also \12\ means the Secretary of Agriculture.
          (16) \11\, \13\ The term ``species'' 
        includes any subspecies of fish or wildlife or plants, 
        and any distinct population segment of any species of 
        vertebrate fish or wildlife which interbreeds when 
        mature.
---------------------------------------------------------------------------
    \13\ Sec. 2(5) of Public Law 95-632 (92 Stat. 3752) amended and 
restated para. (16), as redesignated.
---------------------------------------------------------------------------
          (17) \11\ The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, the Virgin Islands, Guam, 
        and the Trust Territory of the Pacific Islands.
          (18) \11\ The term ``State agency'' means the State 
        agency, department, board, commission, or other 
        governmental entity which is responsible for the 
        management and conservation of fish or wildlife 
        resources within a State.
          (19) \11\ The term ``take'' means to harass, harm, 
        pursue, hunt, shoot, wound, kill, trap, capture, or 
        collect or to attempt to engage in any such conduct.
          (20) \11\ The term ``threatened species'' means any 
        species which is likely to become an endangered species 
        within the foreseeable future throughout all or a 
        significant portion of its range.
          (21) \11\ The term ``United States'' when used in a 
        geographical context, includes all States.
          * * * * * * *

                       international cooperation

    Sec. 8.\14\ (a) Financial Assistance.--As a demonstration 
of the commitment of the United States to the worldwide 
protection of endangered species and threatened species, the 
President may, subject to the provisions of section 1415 of the 
Supplemental Appropriation Act, 1953 (31 U.S.C. 724), use 
foreign currencies accruing to the United States Government 
under the Agricultural Trade Development and Assistance Act of 
1954 or any other law to provide to any foreign country (with 
its consent) assistance in the development and management of 
programs in that country which the Secretary determines to be 
necessary or useful for the conservation of any endangered 
species or threatened species listed by the Secretary pursuant 
to section 4 of this Act. The President shall provide 
assistance (which includes, but is not limited to, the 
acquisition, by lease or otherwise, of lands, waters, or 
interests therein) to foreign countries under this section 
under such terms and conditions as he deems appropriate. 
Whenever foreign currencies are available for the provision of 
assistance under this section, such currencies shall be used in 
preference to funds appropriated under the authority of section 
15 of this Act.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 1537.
---------------------------------------------------------------------------
    (b) Encouragement of Foreign Programs.--In order to carry 
out further the provisions of this Act, the Secretary, through 
the Secretary of State, shall encourage--
          (1) foreign countries to provide for the conservation 
        of fish or wildlife and plants \15\ including 
        endangered species and threatened species listed 
        pursuant to section 4 of this Act;
---------------------------------------------------------------------------
    \15\ Sec. 5 of Public Law 96-159 (93 Stat. 1228) inserted the 
reference to plants.
---------------------------------------------------------------------------
          (2) the entering into of bilateral or multilateral 
        agreements with foreign countries to provide for such 
        conservation; and
          (3) foreign persons who directly or indirectly take 
        fish or wildlife or plants \15\ in foreign countries or 
        on the high seas for importation into the United States 
        for commercial or other purposes to develop and carry 
        out with such assistance as he may provide, 
        conservation practices designed to enhance such fish or 
        wildlife or plants \15\ and their habitat.
    (c) Personnel.--After consultation with the Secretary of 
State, the Secretary may--
          (1) assign or otherwise make available any officer or 
        employee of his department for the purpose of 
        cooperating with foreign countries and international 
        organizations in developing personnel resources and 
        programs which promote the conservation of fish or 
        wildlife or plants; \15\ and
          (2) conduct or provide financial assistance for the 
        educational training of foreign personnel, in this 
        country or abroad, in fish, wildlife, or plant 
        management, research and law enforcement and to render 
        professional assistance abroad in such matters.
    (d) Investigations.--After consultation with the Secretary 
of State and the Secretary of the Treasury, as appropriate, the 
Secretary may conduct or cause to be conducted such law 
enforcement investigations and research abroad as he deems 
necessary to carry out the purposes of this Act.
    (e) \16\ * * * [Repealed--1979]
---------------------------------------------------------------------------
    \16\ Sec. 5(4) of Public Law 96-159 (93 Stat. 1228) repealed 
subsec. (e), which had concerned implementation of the Convention. See 
sec. 8A of this Act.
---------------------------------------------------------------------------

                       convention implementation

    Sec. 8A.\17\ (a) Management Authority and Scientific 
Authority.--The Secretary of the Interior (hereinafter in this 
section referred to as the ``Secretary'') is designated as the 
Management Authority and the Scientific Authority for purposes 
of the Convention and the respective functions of each such 
Authority shall be carried out through the United States Fish 
and Wildlife Service.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 1537a. Sec. 6 of Public Law 96-159 (93 Stat. 1228) 
added sec. 8A.
---------------------------------------------------------------------------
    (b) Management Authority Functions.--The Secretary shall do 
all things necessary and appropriate to carry out the functions 
of the Management Authority under the Convention.
    (c)(1) \18\ Scientific Authority Functions.--The Secretary 
shall do all things necessary and appropriate to carry out the 
functions of the Scientific Authority under the Convention.
---------------------------------------------------------------------------
    \18\ Sec 5(1) of Public Law 97-304 (96 Stat. 1421) added the para. 
designation ``(1)'' and a new para. (2).
---------------------------------------------------------------------------
    (2) \18\ The Secretary shall base the determinations and 
advice given by him under Article IV of the Convention with 
respect to wildlife upon the best available biological 
information derived from professionally accepted wildlife 
management practices; but is not required to make, or require 
any State to make, estimates of population size in making such 
determinations or giving such advice.
    (d) \19\ Reservations by the United States Under 
Convention.--If the United States votes against including any 
species in Appendix I or II of the Convention and does not 
enter a reservation pursuant to paragraph (3) of Article XV of 
the Convention with respect to that species, the Secretary of 
State, before the 90th day after the last day on which such a 
reservation could be entered, shall submit to the Committee on 
Merchant Marine and Fisheries \20\ of the House of 
Representatives, and to the Committee on the Environment and 
Public Works of the Senate, a written report setting forth the 
reasons why such a reservation was not entered.
---------------------------------------------------------------------------
    \19\ Sec. 5(2) of Public Law 97-304 (96 Stat. 1421) amended and 
restated subsec. (d). Previously, subsec. (d) had established an 
International Convention Advisory Commission.
    \20\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Merchant Marine and Fisheries of 
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than those listed above.

    (e) \21\ Wildlife Preservation in Western Hemisphere.--(1) 
The Secretary of the Interior (hereinafter in this subsection 
referred to as the ``Secretary''), in cooperation with the 
Secretary of State, shall act on behalf of, and represent, the 
United States in all regards as required by the Convention on 
Nature Protection and Wildlife Preservation in the Western 
Hemisphere (56 Stat. 1354, T.S. 982, hereinafter in this 
subsection referred to as the ``Western Convention''). In the 
discharge of these responsibilities, the Secretary and the 
Secretary of State shall consult with the Secretary of 
Agriculture, the Secretary of Commerce, and the heads of other 
agencies with respect to matters relating to or affecting their 
areas of responsibility.
---------------------------------------------------------------------------
    \21\ Sec. 5(3) of Public Law 97-304 (96 Stat. 1421) amended and 
restated subsec. (e).
---------------------------------------------------------------------------
    (2) The Secretary and the Secretary of State, shall, in 
cooperation with the contracting parties to the Western 
Convention and, to the extent feasible and appropriate, with 
the participation of State agencies, take such steps as are 
necessary to implement the Western Convention. Such steps shall 
include, but not be limited to--
          (A) cooperation with contracting parties and 
        international organizations for the purpose of 
        developing personnel resources and programs that will 
        facilitate implementation of the Western Convention;
          (B) identification of those species of birds that 
        migrate between the United States and other contracting 
        parties, and the habitats upon which those species 
        depend, and the implementation of cooperative measures 
        to ensure that such species will not become endangered 
        or threatened; and
          (C) identification of measures that are necessary and 
        appropriate to implement those provisions of the 
        Western Convention which address the protection of wild 
        plants.
    (3) No later than September 30, 1985, the Secretary and the 
Secretary of State shall submit a report to Congress describing 
those steps taken in accordance with the requirements of this 
subsection and identifying the principal remaining actions yet 
necessary for comprehensive and effective implementation of the 
Western Convention.
    (4) The provisions of this subsection shall not be 
construed as affecting the authority, jurisdiction, or 
responsibility of the several States to manage, control, or 
regulate resident fish or wildlife under State law or 
regulations.

                            prohibited acts

    Sec. 9.\22\ (a) General.--(1) Except as provided in 
sections 6(g)(2) and 10 of this Act, with respect to any 
endangered species of fish or wildlife listed pursuant to 
section 4 of this Act it is unlawful for any person subject to 
the jurisdiction of the United States to--
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 1538.
---------------------------------------------------------------------------
          (A) import any such species into, or export any such 
        species from the United States;
          (B) take any such species within the United States or 
        the territorial sea of the United States;
          (C) take any such species upon the high seas;
          (D) possess, sell, deliver, carry, transport, or 
        ship, by any means whatsoever, any such species taken 
        in violation of subparagraphs (B) and (C);
          (E) deliver, receive, carry, transport, or ship in 
        interstate or foreign commerce, by any means whatsoever 
        and in the course of a commercial activity, any such 
        species;
          (F) sell or offer for sale in interstate or foreign 
        commerce any such species; or
          (G) violate any regulation pertaining to such species 
        or to any threatened species of fish or wildlife listed 
        pursuant to section 4 of this Act and promulgated by 
        the Secretary pursuant to authority provided by this 
        Act.
    (2) Except as provided in section 6(g)(2) and 10 of this 
Act, with respect to any endangered species of plants listed 
pursuant to section 4 of this Act, it is unlawful for any 
person subject to the jurisdiction of the United States to--
          (A) import any such species into, or export any such 
        species from, the United States;
          (B) \23\ remove and reduce to possession any such 
        species from areas under Federal jurisdiction; 
        maliciously damage or destroy any such species on any 
        such area; or remove, cut, dig up, or damage or destroy 
        any such species on any other area in knowing violation 
        of any law or regulation of any State or in the course 
        of any violation of a State criminal trespass law;
---------------------------------------------------------------------------
    \23\ Sec. 9(b)(1) of Public Law 97-304 (96 Stat. 1426) redesignated 
existing subparas. (B), (C), and (D), as (C), (D), and (E), 
respectively, and added a new subpara. (B). Subsequently, sec. 5(4) of 
Public Law 96-159 (93 Stat. 1228) amended and restated subpara. (B), 
which was further amended by sec. 1006 of Public Law 100-478 (102 Stat. 
2308), which added the text following ``Federal jurisdiction;'' to the 
end of the subpara.
---------------------------------------------------------------------------
          (C) \23\ deliver, receive, carry, transport, or ship 
        in interstate or foreign commerce, by any means 
        whatsoever and in the course of a commercial activity, 
        any such species;
          (D) \23\ sell or offer for sale in interstate or 
        foreign commerce any such species; or
          (E) \23\ violate any regulation pertaining to such 
        species or to any threatened species of plants listed 
        pursuant to section 4 of this Act and promulgated by 
        the Secretary pursuant to authority provided by this 
        Act.
    (b)(1) \24\ Species Held in Captivity or Controlled 
Environment.--The provisions of subsections (a)(1)(A) and 
(a)(1)(G) of this section shall not apply to any fish or 
wildlife which was held in captivity or in a controlled 
environment on (A) December 28, 1973, or (B) the date of the 
publication in the Federal Register of a final regulation 
adding such fish or wildlife species to any list published 
pursuant to subsection (c) of section 4 of this Act: Provided, 
That such holding and any subsequent holding or use of the fish 
or wildlife was not in the course of a commercial activity. 
With respect to any act prohibited by subsections (a)(1)(A) and 
(a)(1)(G) of this section which occurs after a period of 180 
days from (i) December 28, 1973, or (ii) the date of 
publication in the Federal Register of a final regulation 
adding such fish or wildlife species to any list published 
pursuant to subsection (c) of section 4 of this Act, there 
shall be a rebuttal presumption that the fish or wildlife 
involved in such act is not entitled to the exemption contained 
in this subsection.
---------------------------------------------------------------------------
    \24\ Sec. 4 of Public Law 95-632 (92 Stat. 3760) inserted the para. 
designation ``(1)'' and added a new para. (2). Subsequently, sec. 
9(b)(2) of Public Law 97-304 (96 Stat. 1426) amended and restated para. 
(1).
---------------------------------------------------------------------------
    (2) \24\  (A) The  provisions  of  subsection  (a)(1)  
shall  not  apply to-- \25\
---------------------------------------------------------------------------
    \25\ Sec. 9(b)(3) of Public Law 97-304 (96 Stat. 1427) struck out 
``This section shall not apply to'' and inserted in lieu thereof ``The 
provisions of subsection (a)(1) shall not apply to''.
---------------------------------------------------------------------------
          (i) any raptor legally held in captivity or in a 
        controlled environment on the effective date of the 
        Endangered Species Act Amendments of 1978; or
          (ii) any progeny of any raptor described in clause 
        (i);
until such time as any such raptor or progeny is intentionally 
returned to a wild state.
    (B) Any person holding any raptor or progeny described in 
subparagraph (A) must be able to demonstrate that the raptor or 
progeny does, in fact, qualify under the provisions of this 
paragraph, and shall maintain and submit to the Secretary, on 
request, such inventories, documentation, and records as the 
Secretary may by regulation require as being reasonably 
appropriate to carry out the purposes of this paragraph. Such 
requirements shall not unnecessarily duplicate the requirements 
of other rules and regulations promulgated by the Secretary.
    (c) Violation of Convention.--(1) It is unlawful for any 
person subject to the jurisdiction of the United States to 
engage in any trade in any specimens contrary to the provisions 
of the Convention, or to possess any specimens traded contrary 
to the provisions of the Convention, including the definitions 
of terms in article I thereof.
    (2) Any importation into the United States of fish or 
wildlife shall, if--
          (A) such fish or wildlife is not an endangered 
        species listed pursuant to section 4 of this Act but is 
        listed in Appendix II to the Convention,
          (B) the taking and exportation of such fish or 
        wildlife is not contrary to the provisions of the 
        Convention and all other applicable requirements of the 
        Convention have been satisfied,
          (C) the applicable requirements of subsections (d), 
        (e), and (f) of this section have been satisfied, and
          (D) such importation is not made in the course of a 
        commercial activity,
be presumed to be an importation not in violation of any 
provision of this Act or any regulation issued pursuant to this 
Act.
    (d) \26\ Imports and Exports.--
---------------------------------------------------------------------------
    \26\ Sec. 2301 of Public Law 100-478 (102 Stat. 2321) amended and 
restated subsec. (d). Previously, subsec. (d) read as follows:
    ``(d) Imports and Exports.--(1) It is unlawful for any person to 
engage in business as an importer or exporter of fish or wildlife 
(other than shellfish and fishery products which (A) are not listed 
pursuant to section 4 of this Act as endangered species or threatened 
species, and (B) are imported for purposes of human or animal 
consumption or taken in waters under the jurisdiction of the United 
States or on the high seas for recreational purposes) or plants without 
first having obtained permission from the Secretary.
    ``(2) Any person required to obtain permission under paragraph (1) 
of this subsection shall--
---------------------------------------------------------------------------

  ``(A) keep such records as will fully and correctly disclose each 
importation or exportation of fish, wildlife, or plants made by him and the 
subsequent disposition made by him with respect to such fish, wildlife, or 
plants;

  ``(B) at all reasonable times upon notice by a duly authorized 
representative of the Secretary, afford such representative access to his 
places of business, an opportunity to examine his inventory of imported 
fish, wildlife, or plants and the records required to be kept under 
subparagraph (A) of this paragraph, and to copy such records; and

  ``(C) file such reports as the Secretary may require.
---------------------------------------------------------------------------

    ``(3) The Secretary shall prescribe such regulations as are 
necessary and appropriate to carry out the purposes of this 
subsection.''.
---------------------------------------------------------------------------
          (1) In general.--It is unlawful for any person, 
        without first having obtained permission from the 
        Secretary, to engage in business--
                  (A) as an importer or exporter of fish or 
                wildlife (other than shellfish and fishery 
                products which (i) are not listed pursuant to 
                section 4 of this Act as endangered species or 
                threatened species, and (ii) are imported for 
                purposes of human or animal consumption or 
                taken in waters under the jurisdiction of the 
                United States or on the high seas for 
                recreational purposes) or plants; \27\ or
---------------------------------------------------------------------------
    \27\ Sec. 905 of Public Law 100-653 (102 Stat. 3835) inserted the 
reference to plants.
---------------------------------------------------------------------------
                  (B) as an importer or exporter of any amount 
                of raw or worked African elephant ivory.
          (2) Requirements.--Any person required to obtain 
        permission under paragraph (1) of this subsection 
        shall--
                  (A) keep such records as will fully and 
                correctly disclose each importation or 
                exportation of fish, wildlife, plants, or 
                African elephant ivory made by him and the 
                subsequent disposition made by him with respect 
                to such fish, wildlife, plants, or ivory.
                  (B) at all reasonable times upon notice by a 
                duly authorized representative of the 
                Secretary, afford such representative access to 
                his place of business, an opportunity to 
                examine his inventory of imported fish, 
                wildlife, plants, or African elephant ivory and 
                the records required to be kept under 
                subparagraph (A) of this paragraph, and to copy 
                such records; and
                  (C) file such reports as the Secretary may 
                require.
          (3) Regulations.--The Secretary shall prescribe such 
        regulations as are necessary and appropriate to carry 
        out the purposes of this subsection.
          (4) Restriction on consideration of value or amount 
        of african elephant ivory imported or exported.--In 
        granting permission under this subsection for 
        importation or exportation of African elephant ivory, 
        the Secretary shall not vary the requirements for 
        obtaining such permission on the basis of the value or 
        amount of ivory imported or exported under such 
        permission.
    (e) Reports.--It is unlawful for any person importing or 
exporting fish or wildlife (other than shellfish and fishery 
products which (1) are not listed pursuant to section 4 of this 
Act as endangered or threatened species, and (2) are imported 
for purposes of human or animal consumption or taken in waters 
under the jurisdiction of the United States or on the high seas 
for recreational purposes) or plants to fail to file any 
declaration or report as the Secretary deems necessary to 
facilitate enforcement of this Act or to meet the obligations 
of the Convention.
    (f) Designation of Ports.--(1) It is unlawful for any 
person subject to the jurisdiction of the United States to 
import into or export from the United States any fish or 
wildlife (other than shellfish and fishery products which (A) 
are not listed pursuant to section 4 of this Act as endangered 
species or threatened species, and (B) are imported for purpose 
of human or animal consumption or taken in waters under the 
jurisdiction of the United States or on the high seas for 
recreational purposes) or plants, except at a port or ports 
designated by the Secretary of the Interior. For the purposes 
of facilitating enforcement of this Act and reducing the costs 
thereof, the Secretary of the Interior, with approval of the 
Secretary of the Treasury and after notice and opportunity for 
public hearing, may, by regulation, designate ports and change 
such designations. The Secretary of the Interior, under such 
terms and conditions as he may prescribe, may permit the 
importation or exportation at nondesignated ports in the 
interest of the health or safety of the fish or wildlife or 
plants, or for other reasons if, in his discretion, he deems it 
appropriate and consistent with the purpose, of this 
subsection.
    (2) Any port designated by the Secretary of the Interior 
under the authority of section 4(d) of the Act of December 5, 
1969 (16 U.S.C. 666cc-4(d)), shall, if such designation is in 
effect on the day before the date of the enactment of this Act, 
be deemed to be a port designated by the Secretary under 
paragraph (1) of this subsection until such time as the 
Secretary otherwise provides.
    (g) Violations.--It is unlawful for any person subject to 
the jurisdiction of the United States to attempt to commit, 
solicit another to commit, or cause to be committed, any 
offense defined in this section.

                               exceptions

    Sec. 10.\28\ (a) \29\ Permits.--(1) The Secretary may 
permit, under such terms and conditions as he shall prescribe--
---------------------------------------------------------------------------
    \28\ 16 U.S.C. 1539.
    \29\ Sec. 6(1) of Public Law 97-304 (96 Stat. 1422) amended and 
restated subsec. (a). It formerly read as follows:
    ``(a) Permits.--The Secretary may permit, under such terms and 
conditions as he may prescribe, any act otherwise prohibited by section 
9 of this Act for scientific purposes or to enhance the propagation or 
survival of the affected species.''.
---------------------------------------------------------------------------
          (A) any act otherwise prohibited by section 9 for 
        scientific purposes or to enhance the propagation or 
        survival of the affected species, including, but not 
        limited to, acts necessary for the establishment and 
        maintenance of experimental populations pursuant to 
        subsection (j); or
          (B) any taking otherwise prohibited by section 
        9(a)(1)(B) if such taking is incidental to, and not the 
        purposes of, the carrying out of an otherwise lawful 
        activity.
    (2)(A) No permit may be issued by the Secretary authorizing 
any taking referred to in paragraph (1)(B) unless the applicant 
therefor submits to the Secretary a conservation plan that 
specifies--
          (i) the impact which will likely result from such 
        taking;
          (ii) what steps the applicant will take to minimize 
        and mitigate such impacts, and the funding that will be 
        available to implement such steps;
          (iii) what alternative actions to such taking the 
        applicant considered and the reasons why such 
        alternatives are not being utilized; and
          (iv) such other measures that the Secretary may 
        require as being necessary or appropriate for purposes 
        of the plan.
    (B) If the Secretary finds, after opportunity for public 
comment, with respect to a permit application and the related 
conservation plan that--
          (i) the taking will be incidental;
          (ii) the applicant will, to the maximum extent 
        practicable, minimize and mitigate the impacts of such 
        taking;
          (iii) the applicant will ensure that adequate funding 
        for the plan will be provided;
          (iv) the taking will not appreciably reduce the 
        likelihood of the survival and recovery of the species 
        in the wild; and
          (v) the measures, if any, required under subparagraph 
        (A)(iv) will be met;
and he has received such other assurances as he may require 
that the plan will be implemented, the Secretary shall issue 
the permit. The permit shall contain such terms and conditions 
as the Secretary deems necessary or appropriate to carry out 
the purposes of this paragraph, including, but not limited to, 
such reporting requirements as the Secretary deems necessary 
for determining whether such terms and conditions are being 
complied with.
    (C) The Secretary shall revoke a permit issued under this 
paragraph if he finds that the permittee is not complying with 
the terms and conditions of the permit.
    (b) Hardship Exemptions.--(1) If any person enters into a 
contract with respect to a species of fish, or wildlife or 
plant before the date of the publication in the Federal 
Register of notice of consideration of that species as an 
endangered species and the subsequent listing of that species 
as an endangered species pursuant to section 4 of this Act will 
cause undue economic hardship to such person under the 
contract, the Secretary, in order to minimize such hardship, 
may exempt such person from the application of section 9(a) of 
this Act to the extent the Secretary deems appropriate if such 
person applies to him for such exemption and includes with such 
application such information as the Secretary may require to 
prove hardship; except that (A) no such exemption shall be for 
a duration of more than one year from the date of publication 
in the Federal Register of notice of consideration of the 
species concerned, or shall apply to a quantity of fish or 
wildlife or plants in excess of that specified by the 
Secretary; (B) the one-year period for those species of fish or 
wildlife listed by the Secretary as endangered prior to the 
effective date of this Act shall expire in accordance with the 
terms of section 3 of the Act of December 5, 1969 (83 Stat. 
275); and (C) no such exemption may be granted for the 
importation or exportation of a specimen listed in appendix I 
of the Convention which is to be used in a commercial activity.
    (2) As used in this subsection, the term ``undue economic 
hardship'' shall include, but not be limited to:
          (A) substantial economic loss resulting from 
        inability caused by this Act to perform contracts with 
        respect to species of fish and wildlife entered into 
        prior to the date of publication in the Federal 
        Register of a notice of consideration of such species 
        as an endangered species;
          (B) substantial economic loss to persons who, for the 
        year prior to the notice of consideration of such 
        species as an endangered species, derived a substantial 
        portion of their income from the lawful taking of any 
        listed species, which taking would be made unlawful 
        under this Act; or
          (C) curtailment of subsistence taking made unlawful 
        under this Act by persons (i) not reasonably able to 
        secure other sources of subsistence; and (ii) dependent 
        to a substantial extent upon hunting and fishing for 
        subsistence; and (iii) who must engage in such 
        curtailed taking for subsistence purposes.
    (3) The Secretary may make further requirements for a 
showing of undue economic hardship as he deems fit. Exceptions 
granted under this section may be limited by the Secretary in 
his discretion as to time, area, or other factor of 
applicability.
    (c) Notice and Review.--The Secretary shall publish notice 
in the Federal Register of each application for an exemption or 
permit which is made under this section.\30\ Each notice shall 
invite the submission from interested parties, within thirty 
days after the date of notice, of \31\ written data, views, or 
arguments with respect to the application; except that such 
thirty-day period may be waived by the Secretary in an 
emergency situation where the health or life of an endangered 
animal is threatened and no reasonable alternative is available 
to the applicant, but notice of any such waiver shall be 
published by the Secretary in the Federal Register within ten 
days following the issuance of the exemption or permit.\32\ 
Information received by the Secretary as a part of any 
application shall be available to the public as a matter of 
public record at every stage of the proceeding.
---------------------------------------------------------------------------
    \30\ Sec. 3(1) of Public Law 94-359 (90 Stat. 912) struck out 
``subsection'' and inserted in lieu thereof ``section''.
    \31\ Sec. 1013(b) of Public Law 100-478 (102 Stat. 2315) struck out 
``notice,'' and inserted in lieu thereof ``notice, of''.
    \32\ Sec. 3(2) of Public Law 94-359 (90 Stat. 912) added the words 
to this point beginning with ``; except that such thirty-day period''.
---------------------------------------------------------------------------
    (d) Permit and Exemption Policy.--The Secretary may grant 
exceptions under subsections (a)(1)(A) and (b) of this section 
only if he finds and publishes his finding in the Federal 
Register that (1) such exceptions were applied for in good 
faith, (2) if granted and exercised will not operate to the 
disadvantage of such endangered species, and (3) will be 
consistent with the purposes and policy set forth in section 2 
of this Act.
    (e) Alaska Natives.--(1) Except as provided in paragraph 
(4) of this subsection the provisions of this Act shall not 
apply with respect to the taking of any endangered species or 
threatened species, or the importation of any such species 
taken pursuant to this section, by--
          (A) any Indian, Aleut, or Eskimo who is an Alaskan 
        Native who resides in Alaska; or
          (B) any non-native permanent resident of an Alaskan 
        native village;
if such taking is primarily for subsistence purposes. Non-
edible by-products of species taken pursuant to this section 
may be sold in interstate commerce when made into authentic 
native articles of handicrafts and clothing; except that the 
provisions of this subsection shall not apply to any non-native 
resident of an Alaskan native village found by the Secretary to 
be not primarily dependent upon the taking of fish and wildlife 
for consumption or for the creation and sale of authentic 
native articles of handicrafts and clothing.
    (2) Any taking under this subsection may not be accomplish 
in a wasteful manner.
    (3) As used in this subsection--
          (i) The term ``subsistence'' includes selling any 
        edible portion of fish or wildlife in native villages 
        and towns in Alaska for native consumption within 
        native villages or towns; and
          (ii) The term ``authentic native articles of 
        handicrafts and clothing'' means items composed wholly 
        or in some significant respect of natural materials, 
        and which are produced, decorated, or fashioned in the 
        exercise of traditional native handicrafts without the 
        use of pantographs, multiple carvers, or other mass 
        copying devices. Traditional native handicrafts 
        include, but are not limited to, weaving, carving, 
        stitching, sewing, lacing,\33\ beading, drawing, and 
        painting.
---------------------------------------------------------------------------
    \33\ Sec. 1013(c) of Public Law 100-478 struck out ``lacking'' and 
inserted in lieu thereof ``lacing''.
---------------------------------------------------------------------------
    (4) Notwithstanding the provisions of paragraph (1) of this 
subsection, whenever the Secretary determines that any species 
of fish or wildlife which is subject to taking under the 
provisions of this subsection is an endangered species or 
threatened species, and that such taking materially and 
negatively affects the threatened or endangered species, he may 
prescribe regulations upon the taking of such species by any 
such Indian, Aleut, Eskimo, or non-Native Alaskan resident of 
an Alaskan native village. Such regulations may be established 
with reference to species, geographical description of the area 
included, the season for taking, or any other factors related 
to the reason for establishing such regulations and consistent 
with the policy of this Act. Such regulations shall be 
prescribed after a notice and hearings in the affected judicial 
districts of Alaska and as otherwise required by section 103 of 
the Marine Mammal Protection Act of 1972, and shall be removed 
as soon as the Secretary determines that the need for their 
impositions has disappeared.
    (f) \34\ (1) As used in this subsection--
---------------------------------------------------------------------------
    \34\ Sec. 2 of Public Law 94-359 (90 Stat. 911) added subsec. (f).
---------------------------------------------------------------------------
          (A) The term ``pre-Act endangered species part'' 
        means--
                  (i) any sperm whale oil, including 
                derivatives thereof, which was lawfully held 
                within the United States on December 28, 1973, 
                in the course of a commercial activity; or
                  (ii) any finished scrimshaw product, if such 
                product or the raw material for such product 
                was lawfully held within the United States on 
                December 28, 1973, in the course of a 
                commercial activity.
          (B) The term ``scrimshaw product'' means any art form 
        which involves the substantial \35\ etching or 
        engraving of designs upon, or the substantial \35\ 
        carving of figures, patterns, or designs from, any bone 
        or tooth of any marine mammal of the order Cetacea. For 
        purposes of this subsection, polishing or the adding of 
        minor superficial markings does not constitute 
        substantial etching, engraving, or carving.\36\
---------------------------------------------------------------------------
    \35\ Sec. 6(3) of Public Law 97-304 (96 Stat. 1423) inserted 
``substantial''.
    \36\ Sec. 6(3) of Public Law 97-304 (96 Stat. 1423) added this 
sentence.
---------------------------------------------------------------------------
    (2) The Secretary, pursuant to the provisions of this 
subsection, may exempt, if such exemption is not in violation 
of the Convention, and pre-Act endangered species part from one 
or more of the following prohibitions:
          (A) The prohibition on exportation from the United 
        States set forth in section 9(a)(1)(A) of this Act.
          (B) Any prohibition set forth in section 9(a)(1) (E) 
        or (F) of this Act.
    (3) Any person seeking an exemption described in paragraph 
(2) of this subsection shall make application therefor to the 
Secretary in such form and manner as he shall prescribe, but no 
such application may be considered by the Secretary unless the 
application--
          (A) is received by the Secretary before the close of 
        the one-year period beginning on the date on which 
        regulations promulgated by the Secretary to carry out 
        this subsection first take effect;
          (B) contains a complete and detailed inventory of all 
        pre-Act endangered species parts for which the 
        applicant seeks exemption;
          (C) is accompanied by such documentation as the 
        Secretary may require to prove that any endangered 
        species part or product claimed by the applicant to be 
        a pre-Act endangered species part is in fact such a 
        part; and
          (D) contains such other information as the Secretary 
        deems necessary and appropriate to carry out the 
        purposes of this subsection.
    (4) If the Secretary approves any application for exemption 
made under this subsection, he shall issue to the applicant a 
certificate of exemption which shall specify--
          (A) any prohibition in section 9(a) of this Act which 
        is exempted;
          (B) the pre-Act endangered species parts to which the 
        exemption applies;
          (C) the period of time during which the exemption is 
        in effect, but no exemption made under this subsection 
        shall have force and effect after the close of the 
        three-year period beginning on the date of issuance of 
        the certificate unless such exemption is renewed under 
        paragraph (8); \37\ and
---------------------------------------------------------------------------
    \37\ Sec. 7(1) of Public Law 96-159 (93 Stat. 1230) inserted 
``unless such exemption is renewed under paragraph (8)''.
---------------------------------------------------------------------------
          (D) and term or condition prescribed pursuant to 
        paragraph (5) (A) or (B), or both, which the Secretary 
        deems necessary or appropriate.
    (5) The Secretary shall prescribe such regulations as he 
deems necessary and appropriate to carry out the purposes of 
this subsection. Such regulations may set forth--
          (A) terms and conditions which may be imposed on 
        applicants for exemptions under this subsection 
        (including, but not limited to, requirements that 
        applicants register inventories, keep complete sales 
        records, permit duly authorized agents of the Secretary 
        to inspect and such inventories and records, and 
        periodically file appropriate reports with the 
        Secretary); and
          (B) terms and conditions with may be imposed on any 
        subsequent purchaser of any pre-Act endangered species 
        part covered by an exemption granted under this 
        subsection;
to insure that any such part so exempted is adequately 
accounted for and not disposed of contrary to the provisions of 
this Act. No regulation prescribed by the Secretary to carry 
out the purposes of this subsection shall be subject to section 
4(f)(2)(A)(i) of this Act.
    (6)(A) Any contract for the sale of pre-Act endangered 
species parts which is entered into by the Administrator of 
General Services prior to the effective date of this subsection 
and pursuant to the notice published in the Federal Register on 
January 9, 1973, shall not be rendered invalid by virtue of the 
fact that fulfillment of such contract may be prohibited under 
section 9(a)(1)(F).
    (B) In the event that this paragraph is held invalid, the 
validity of the remainder of the Act, including the remainder 
of this subsection, shall not be affected.
    (7) Nothing in this subsection shall be construed to--
          (A) exonerate any person from any act committed in 
        violation of paragraphs (1)(A), (1)(E), or (1)(F) of 
        section 9(a) prior to the date of enactment of this 
        subsection; or
          (B) immunize any person from prosecution for any such 
        act.
    (8) \38\ (A)(i) Any valid certificate of exemption which 
was renewed after October 13, 1982, and was in effect on March 
31, 1988, shall be deemed to be renewed for a six-month period 
beginning on the date of enactment of the Endangered Species 
Act Amendments of 1988. Any person holding such a certificate 
may apply to the Secretary for one additional renewal of such 
certificate for a period not to exceed 5 years beginning on the 
date of such enactment.
---------------------------------------------------------------------------
    \38\ Sec. 7(2) of Public Law 96-159 (93 Stat. 1230) added para. 
(8). As enrolled, subpara. (A) has no clause (ii). Subsequently, Public 
Law 100-478 (102 Stat. 2314) amended and restated para. 8(A), which 
previously read as follows:
    ``(8)(A) Any person to whom a certificate of exemption has been 
issued under paragraph (4) of this subsection may apply to the 
Secretary for a renewal of such exemption for a period not to exceed 
three years beginning on the expiration date of such certificate. Such 
application shall be made in the same manner as the application for 
exemption was made under paragraph (3), but without regard to 
subparagraph (A) of such paragraph.''.
    Sec. 18 of Public Law 103-238 (108 Stat. 559) provided the 
following:
---------------------------------------------------------------------------

``sec. 18. scrimshaw exemptions.
---------------------------------------------------------------------------

    ``Notwithstanding any other provision of law, any valid 
certification of exemption renewed by the Secretary (or deemed to be 
renewed) under section 10(f)(8) of the Endangered Species Act of 1973 
(16 U.S.C. 1539(f)(8)) for any person holding such a certificate with 
respect to the possession of pre-Act finished scrimshaw products or raw 
material for such products shall remain valid for a period not to 
exceed 5 years beginning on the date of enactment of this Act.'' [April 
30, 1994].
---------------------------------------------------------------------------
    (B) If the Secretary approves any application for renewal 
of an exemption under this paragraph, he shall issue to the 
applicant a certificate of renewal of such exemption which 
shall provide that all terms, conditions, prohibitions, and 
other regulations made applicable by the previous \39\ 
certificate shall remain in effect during the period of the 
renewal.
---------------------------------------------------------------------------
    \39\ Sec. 1011(b) of Public Law 100-478 (102 Stat. 2314) struck out 
``original'' and inserted in lieu thereof ``previous''.
---------------------------------------------------------------------------
    (C) No exemption or renewal of such exemption made under 
this subsection shall have force and effect after the 
expiration date of the certificate of renewal of such exemption 
issued under this paragraph.
    (D) \40\ No person may, after January 31, 1984, sell or 
offer for sale in interstate or foreign commerce, any pre-Act 
finished scrimshaw product unless such person holds a valid 
certificate of exemption issued by the Secretary under this 
subsection, and unless such product or the raw material for 
such product was held by such person on October 13, 1982.\41\
---------------------------------------------------------------------------
    \40\ Sec. 1011(c) of Public Law 100-478 (102 Stat. 2314) added 
subpara. (D).
    \41\ Sec. 1011(d) of Public Law 100-478 (102 Stat. 2314) struck out 
subpara. (9), as added by sec. 6(3)(B) of Public Law 97-304 (96 Stat. 
1423). Subpara. (9) had required the Secretary to conduct a review of 
the effectiveness of the regulations prescribed pursuant to sec. 
10(f)(5). In addition, subpara. (9) required that:
---------------------------------------------------------------------------

``The Secretary shall submit a report of such review to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on the Environment and Public Works of the Senate and make it 
available to the general public. Based on such review, the Secretary shall, 
on or before October 1, 1983, propose and adopt such revisions to such 
regulations as he deems necessary and appropriate to carry out this 
paragraph. Upon publication of such revised regulations, the Secretary may 
renew for a further period of not to exceed three years any certificate of 
exemption previously renewed under paragraph (8) of this subsection, 
subject to such new terms and conditions as are necessary and appropriate 
under the revised regulations; except that any certificate of exemption 
that would, but for this clause, expire on or after the date of enactment 
of this paragraph and before the date of the adoption of such regulations 
may be extended until such time after the date of adoption as may be 
necessary for purposes of applying such regulations to the certificate. 
Notwithstanding the foregoing, however, no person may, after January 31, 
1984, sell or offer for sale in interstate or foreign commerce any pre-Act 
finished scrimshaw product unless such person has been issued a valid 
certificate of exemption by the Secretary under this subsection and unless 
such product or the raw material for such product was held by such person 
on the date of the enactment of this paragraph.''.

    (g) \42\ In connection with any action alleging a violation 
of section 9, any person claiming the benefit of any exemption 
or permit under this Act shall have the burden of proving that 
the exemption or permit is applicable, has been granted, and 
was valid and in force at the time of the alleged violation.
---------------------------------------------------------------------------
    \42\ Sec. 2 of Public Law 94-359 (90 Stat. 912) added subsec. (g).
---------------------------------------------------------------------------
    (h) \43\ Certain Antique Articles.--(1) Sections 4(d), 
9(a), and 9(c) do not apply to any article \44\ which--
---------------------------------------------------------------------------
    \43\ Sec. 5 of Public Law 95-632 (92 Stat. 3760) added subsec. (h).
    \44\ Sec. 6(4)(A)(i) of Public Law 97-304 (96 Stat. 1424) struck 
out the parenthetical phrase ``(other than scrimshaw)'', which 
previously appeared at this point.
---------------------------------------------------------------------------
          (A) \45\ is not less than 100 years of age;
---------------------------------------------------------------------------
    \45\ Sec. 6(4)(A)(ii) of Public Law 97-304 (96 Stat. 1424) amended 
and restated subpara. (A) It formerly read as follows:
    ``(A) was made before 1830;''.
---------------------------------------------------------------------------
          (B) is composed in whole or in part of any endangered 
        species or threatened species listed under section 4;
          (C) has not been repaired or modified with any part 
        of any such species on or after the date of the 
        enactment of this Act; and
          (D) is entered at a port designated under paragraph 
        (3).
    (2) Any person who wishes to import an article under the 
exception provided by this subsection shall submit to the 
customs officer concerned at the time of entry of the article 
such documentation as the Secretary of the Treasury, after 
consultation with the Secretary of the Interior, shall by 
regulation require as being necessary to establish that the 
article meets the requirements set forth in paragraphs (1) (A), 
(B), and (C).
    (3) The Secretary of the Treasury, after consultation with 
the Secretary of the Interior, shall designate one port within 
each customs region at which articles described in paragraphs 
(1) (A), (B), and (C) must be entered into the customs 
territory of the United States.
    (4) Any person who imported, after December 27, 1973, and 
on or before the date of the enactment of the Endangered 
Species Act Amendments of 1978, any article described in 
paragraph (1) which--
          (A) was not repaired or modified after the date of 
        importation with any part of any endangered species or 
        threatened species listed under section 4;
          (B) was forfeited to the United States before such 
        date of the enactment, or is subject to forfeiture to 
        the United States on such date of enactment, pursuant 
        to the assessment of civil penalty under section 11; 
        and
          (C) is in the custody of the United States on such 
        date of enactment;
may, before the close of the one-year period beginning on such 
date of enactment, make application to the Secretary for return 
of the article. Application shall be made in such form and 
manner, and contain such documentation, as the Secretary 
prescribes. If on the basis of any such application which is 
timely filed, the Secretary is satisfied that the requirements 
of this paragraph are met with respect to the article 
concerned, the Secretary shall return the article to the 
applicant and the importation of such article shall, on and 
after the date of return, be deemed to be a lawful importation 
under this Act.
    (i) \46\ Noncommercial Transshipments.--Any importation 
into the United States of fish or wildlife shall, if--
---------------------------------------------------------------------------
    \46\ Sec. 6(5) of Public Law 97-304 (96 Stat. 1424) amended and 
restated subsec. (i), as added by sec. 5 of Public Law 95-632 (92 Stat. 
3760).
---------------------------------------------------------------------------
          (1) such fish or wildlife was lawfully taken and 
        exported from the country of origin and country of 
        reexport, if any;
          (2) such fish or wildlife is in transit or 
        transshipment through any place subject to the 
        jurisdiction of the United States en route to a country 
        where such fish or wildlife may be lawfully imported 
        and received;
          (3) the exporter or owner of such fish or wildlife 
        gave explicit instructions not to ship such fish or 
        wildlife through any place subject to the jurisdiction 
        of the United States, or did all that could have 
        reasonably been done to prevent transshipment, and the 
        circumstances leading to the transshipment were beyond 
        the exporter's or owner's control;
          (4) the applicable requirements of the Convention 
        have been satisfied; and
          (5) such importation is not made in the course of a 
        commercial activity,
be an importation not in violation of any provision of this Act 
or any regulation issued pursuant to this Act while such fish 
or wildlife remains in the control of the United States Customs 
Service.
    (j) \47\ Experimental Populations.--(1) For purposes of 
this subsection, the term ``experimental population'' means any 
population (including any offspring arising solely therefrom) 
authorized by the Secretary for release under paragraph (2), 
but only when, and at such times as, the population is wholly 
separate geographically from nonexperimental populations of the 
same species.
---------------------------------------------------------------------------
    \47\ Sec. 6(6) of Public Law 97-304 (96 Stat. 1424) added subsec. 
(j).
---------------------------------------------------------------------------
    (2)(A) The Secretary may authorize the release (and the 
related transportation) of any population (including eggs, 
propagules, or individuals) of an endangered species or a 
threatened species outside the current range of such species if 
the Secretary determines that such release will further the 
conservation of such species.
    (B) Before authorizing the release of any population under 
subparagraph (A), the Secretary shall by regulation identify 
the population and determine, on the basis of the best 
available information, whether or not such population is 
essential to the continued existence of an endangered species 
or a threatened species.
    (C) For the purposes of this Act, each member of an 
experimental population shall be treated as a threatened 
species; except that--
          (i) solely for purposes of section 7 (other than 
        subsection (a)(1) thereof), an experimental population 
        determined under subparagraph (B) to be not essential 
        to the continued existence of a species shall be 
        treated, except when it occurs in an area within the 
        National Wildlife Refuge System or the National Park 
        System, as a species proposed to be listed under 
        section 4; and
          (ii) critical habitat shall not be designated under 
        this Act for any experimental population determined 
        under subparagraph (B) to be not essential to the 
        continued existence of a species.
    (3) The Secretary, with respect to populations of 
endangered species or threatened species that the Secretary 
authorized, before the date of the enactment of this 
subsection, for release in geographical areas separate from the 
other populations of such species, shall determine by 
regulation which of such populations are an experimental 
population for the purposes of this subsection and whether or 
not each is essential to the continued existence of an 
endangered species or a threatened species.
          * * * * * * *

                           endangered plants

    Sec. 12.\48\ The Secretary of the Smithsonian Institution, 
in conjunction with other affected agencies, is authorized and 
directed to review (1) species of plants which are now or may 
become endangered or the threatened and (2) methods of 
adequately conserving such species, and to report to Congress, 
within one year after the date of the enactment of this Act, 
the results of such review including recommendations for new 
legislation or the amendment of existing legislation.
---------------------------------------------------------------------------
    \48\ 16 U.S.C. 1541.
---------------------------------------------------------------------------
          * * * * * * *
          17. Marine Mammal Protection Act of 1972, as amended

Partial text of Public Law 92-522 [H.R. 10420], 86 Stat. 1027, approved 
 October 21, 1972; as amended by Public Law 93-205 [Endangered Species 
Act of 1973; S. 1983], 87 Stat. 884, approved December 28, 1973; Public 
Law 95-136 [S. 1522], 91 Stat. 1167, approved October 18, 1977; Public 
 Law 95-316 [H.R. 10730], 92 Stat. 380, approved July 10, 1978; Public 
Law 97-58 [H.R. 40841], 95 Stat. 979, approved October 9, 1981; Public 
Law 97-389 [Fisheries Amendments Act of 1982; H.R. 3942], 96 Stat. 1949 
at 1951, approved December 29, 1982; Public Law 98-364 [H.R. 4997], 98 
  Stat. 440, approved July 17, 1984; Public Law 99-659 [S. 991], 100 
  Stat. 3706, approved November 14, 1986; Public Law 100-711 [Marine 
 Mammal Protection Act Amendments of 1988; H.R. 4189], 102 Stat. 4755, 
 approved November 23, 1988; Public Law 101-627 [Fishery Conservation 
 Amendments of 1990--Dolphin Protection Consumer Information Act; H.R. 
 2061] 104 Stat. 4436, approved November 28, 1990; Public Law 102-251 
 [Flower Garden Banks National Marine Sanctuary; H.R. 3866], 106 Stat. 
 60, approved March 9, 1992; Public Law 102-523 [International Dolphin 
Conservation Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 
26, 1992; Public Law 102-582 [High Seas Driftnet Fisheries Enforcement 
Act; H.R. 2152], 106 Stat. 4900, approved November 2, 1992; Public Law 
   102-587 [Oceans Act of 1992; H.R. 5617], 106 Stat. 5039, approved 
  November 4, 1992; Public Law 103-238 [Marine Mammal Protection Act 
 Amendments of 1994; S. 1636], 108 Stat. 532, approved April 30, 1994; 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
   104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; 
Public Law 104-297 [Sustainable Fisheries Act; S. 39], 110 Stat. 3559, 
  approved October 11, 1996; Public Law 105-18 [H.R. 1871], 111 Stat. 
 158, approved June 12, 1997; Public Law 105-42 [International Dolphin 
 Conservation Program Act; H.R. 408], 111 Stat. 1122, approved August 
   15, 1997; Public Law 106-555 [Striped Bass Conservation, Atlantic 
 Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act 
 of 2000; H.R. 2903], 114 Stat. 2765, approved December 21, 2000; and 
Public Law 108-136 [National Defense Authorization Act for Fiscal Year 
      2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003

    AN ACT To protect marine mammals; to establish a Marine Mammal 
                  Commission; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Marine Mammal Protection Act of 1972''.
          * * * * * * *

                 findings and declaration of policy \1\

    Sec. 2.\2\ The Congress finds that--
---------------------------------------------------------------------------
    \1\ Sec. 602 of the Foreign Relations Authorization Act, Fiscal 
Year 1979 (92 Stat. 985), contained the following sense of the Congress 
expressing its concern over the continuing destruction of marine 
mammals:
    ``Sec. 602. It is the sense of the Congress that the President 
should convey to all countries having an interest in cetacean sea life 
the serious concern of the Congress regarding the continuing 
destruction of these marine mammals (highlighted by the recent 
slaughter of dolphins in the Sea of Japan by Japanese fishermen) and 
should encourage such countries--
---------------------------------------------------------------------------

  ``(1) to join in international discussions with other such countries in 
order to advance general understanding of cetacean life and thereby 
facilitate an effective use of the living marine resources of the world 
which does not jeopardize the natural balance of the aquatic environment;

  ``(2) to participate in an exchange of information with the National 
Marine Fisheries Service of the United States Department of Commerce, 
including cooperation in studies of--

  ``(A) the impact of cetaceans on ecologically related human foodstuffs, 
and

  ``(B) alternative methods of dealing with cetacean problems as they 
occur;

  ``(3) to cooperate in establishing an international cetacean commission 
to advance understanding of cetacean life and to insure the effective 
conservation and protection of cetaceans on a global scale; and

  ``(4) to adopt comprehensive marine mammal protection legislation.''.
---------------------------------------------------------------------------

    \2\ 16 U.S.C. 1361.
---------------------------------------------------------------------------
          (1) certain species and population stocks of marine 
        mammals are, or may be, in danger of extinction or 
        depletion as a result of man's activities;
          (2) such species and population stocks should not be 
        permitted to diminish beyond the point at which they 
        cease to be a significant functioning element in the 
        ecosystem of which they are a part, and, consistent 
        with this major objective, they should not be permitted 
        to diminish below their optimum sustainable population. 
        Further measures should be immediately taken to 
        replenish any species or population stock which has 
        already diminished below that population. In 
        particular, efforts should be made to protect essential 
        habitats, including \3\ the rookeries, mating grounds, 
        and areas of similar significance for each species of 
        marine mammal from the adverse effect of man's actions;
---------------------------------------------------------------------------
    \3\ Sec. 3(1) of Public Law 103-238 (108 Stat. 532) inserted 
``essential habitats, including''.
---------------------------------------------------------------------------
          (3) there is inadequate knowledge of the ecology and 
        population dynamics of such marine mammals and of the 
        factors which bear upon their ability to reproduce 
        themselves successfully;
          (4) negotiations should be undertaken immediately to 
        encourage the development of international arrangements 
        for research on, and conservation of, all marine 
        mammals;
          (5) marine mammals and marine mammal products 
        either--
                  (A) move in interstate commerce, or
                  (B) affect the balance of marine ecosystems 
                in a manner which is important to other animals 
                and animal products which move in interstate 
                commerce,
        and that the protection and conservation of marine 
        mammals and their habitats \4\ is therefore necessary 
        to insure the continuing availability of those products 
        which move in interstate commerce; and
---------------------------------------------------------------------------
    \4\ Sec. 3(2) of Public Law 103-238 (108 Stat. 532) inserted ``and 
their habitats''.
---------------------------------------------------------------------------
          (6) marine mammals have proven themselves to be 
        resources of great international significance, esthetic 
        and recreational as well as economic, and it is the 
        sense of the Congress that they should be protected and 
        encouraged to develop to the greatest extent feasible 
        commensurate with sound policies of resource management 
        and that the primary objective of their management 
        should be to maintain the health and stability of the 
        marine ecosystem. Whenever consistent with this primary 
        objective, it should be the goal to obtain an optimum 
        sustainable population keeping in mind the \5\ carrying 
        capacity of the habitat.
---------------------------------------------------------------------------
    \5\ Sec. 1(b)(1) of Public Law 97-58 (95 Stat. 979) struck out 
``optimum'' which previously appeared at this point.
---------------------------------------------------------------------------

                              Definitions

    Sec. 3.\6\ For the purposes of this Act--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1362.
---------------------------------------------------------------------------
          (1) \7\ The term ``depletion'' or ``depleted'' means 
        any case in which--
---------------------------------------------------------------------------
    \7\ Sec. 1(b)(2)(A) of Public Law 97-58 (95 Stat. 979) amended and 
restated para. (1).
---------------------------------------------------------------------------
                  (A) the Secretary, after consultation with 
                the Marine Mammal Commission and the Committee 
                of Scientific Advisors on Marine Mammals 
                established under title II of this Act, 
                determines that a species or population stock 
                is below its optimum sustainable population;
                  (B) a State, to which authority for the 
                conservation and management of a species or 
                population stock is transferred under the 
                Endangered Species Act of 1973,\8\ determines 
                that such species or stock is below its optimum 
                sustainable population; or
---------------------------------------------------------------------------
    \8\ Formerly referred to the Endangered Species Conservation Act of 
1969; amended by sec. 13(e)(1) of Public Law 93-205 (87 Stat. 903).
---------------------------------------------------------------------------
                  (C) a species or population stock is listed 
                as an endangered species or a threatened 
                species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.).
          (2) The terms ``conservation'' and ``management'' 
        means the collection and application of biological 
        information for the purposes of increasing and 
        maintaining the number of animals within species and 
        populations of marine mammals at their optimum 
        sustainable population.\9\ Such terms include the 
        entire scope of activities that constitute a modern 
        scientific resource program, including, but not limited 
        to, research, census, law enforcement, and habitat 
        acquisition and improvement. Also included within these 
        terms, when and where appropriate, is the periodic or 
        total protection of species or populations as well as 
        regulated taking.
---------------------------------------------------------------------------
    \9\ Sec. 1(b)(2)(B) of Public Law 97-58 (95 Stat. 979) struck out 
``the optimum carrying capacity of their habitat'' and inserted in lieu 
thereof ``their optimum sustainable population''.
---------------------------------------------------------------------------
          (3) The term ``district court of the United States'' 
        includes the District Court of Guam, District Court of 
        the Virgin Islands, District Court of Puerto Rico, 
        District Court of the Canal Zone, and, in the case of 
        American Samoa and the Trust Territory of the Pacific 
        Islands, the District Court of the United States for 
        the District of Hawaii.
          (4) The term ``humane'' in the context of the taking 
        of a marine mammal means that method of taking which 
        involves the least possible degree of pain and 
        suffering practicable to the mammal involved.
          (5) \10\ The term ``intermediary nation'' means a 
        nation that exports yellowfin tuna or yellowfin tuna 
        products to the united States and that imports 
        yellowfin tuna or yellowfin tuna products that are 
        subject to a direct ban on importation into the United 
        States pursuant to section 101(a)(2)(B).
---------------------------------------------------------------------------
    \10\ Sec. 401(a) of Public Law 102-582 (106 Stat. 4909) 
redesignated paras. (5) through (14) as paras. (6) through (15) and 
added a new para. (5).
---------------------------------------------------------------------------
          (6) \10\ The term ``marine mammal'' means any mammal 
        which (A) is morphologically adapted to the marine 
        environment (including sea otters and members of the 
        orders Sirenia, Pinnipedia and Cetacea), or (B) 
        primarily inhabits the marine environment (such as the 
        polar bear); and, for the purposes of this chapter, 
        includes any part of any such marine mammal, including 
        its raw, dressed, or dyed fur or skin.
          (7) \10\ The term ``marine mammal product'' means any 
        item of merchandise which consists, or is composed in 
        whole or in part, of any marine mammal.
          (8) \10\ The term ``moratorium'' means a complete 
        cessation of the taking of marine mammals and a 
        complete ban on the importation into the United States 
        of marine mammals and marine mammal products, except as 
        provided in this chapter.
          (9) \10\ The term ``optimum sustainable population'' 
        means, with respect to any population stock, the number 
        of animals which will result in the maximum 
        productivity of the population or the species, keeping 
        in mind the carrying capacity \11\ of the habitat and 
        the health of the ecosystem of which they form a 
        constituent element.
---------------------------------------------------------------------------
    \11\ Public Law 97-58 (95 Stat. 979) struck out ``optimum carrying 
capacity'' and inserted in lieu thereof ``carrying capacity''.
---------------------------------------------------------------------------
          (10) \10\ The term ``person'' includes (A) any 
        private person or entity, and (B) any officer, 
        employee, agent, department, or instrumentality of the 
        Federal Government, of any State or political 
        subdivision thereof, or of any foreign government.
          (11) \10\ The term ``population stock'' or ``stock'' 
        means a group of marine mammals of the same species or 
        smaller taxa in a common spatial arrangement, that 
        interbreed when mature.
          (12) \10\ (A) \12\ Except as provided in subparagraph 
        (B), the term ``Secretary'' means--
---------------------------------------------------------------------------
    \12\ Sec. 3004(b) of Public Law 102-587 (106 Stat. 5067) added 
subpara. designation (A) to para. (11) (redesignated as para. (12)), 
added new subpara. (B), and redesignated former text as clauses. See 
also sec. 24(a) of Public Law 103-238 (108 Stat. 565) relating to the 
amendment, wherein the amendment is deemed to be applicable to sec. 
3(12).
---------------------------------------------------------------------------
                  (i) the Secretary of the department in which 
                the National Oceanic and Atmospheric 
                Administration is operating, as to all 
                responsibility, authority, funding, and duties 
                under this chapter with respect to members of 
                the order Cetacea and members, other than 
                walruses, of the order Pinnipedia, and
                  (ii) the Secretary of the Interior as to all 
                responsibility, authority, funding, and duties 
                under this chapter with respect to all other 
                marine mammals covered by this chapter.
          (B) in section 118 and title IV \13\ (other than 
        section 408) \14\ the term ``Secretary'' means the 
        Secretary of Commerce.
---------------------------------------------------------------------------
    \13\ Sec. 24(a)(2) of Public Law 103-238 (108 Stat. 565) struck out 
``in title III'' and inserted in lieu thereof ``in section 118 and 
title IV''.
    \14\ Sec. 202(b) of Public Law 106-555 (114 Stat. 2768) inserted 
``(other than section 408)''.
---------------------------------------------------------------------------
          (13) \10\ The term ``take'' means to harass, hunt, 
        capture, or kill, or attempt to harass, hunt, capture, 
        or kill any marine mammal.
          (14) \10\ The term ``United States'' includes the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands of the 
        United States, American Samoa, Guam, and Northern 
        Mariana Islands.\15\
---------------------------------------------------------------------------
    \15\ Public Law 97-58 (95 Stat. 979) struck out ``the Canal zone, 
the possession of the United States, and the Trust Territory of the 
Pacific Islands'' and inserted in lieu thereof ``the Virgin Islands of 
the United States, American Samoa, Guam, and Northern Mariana 
Islands''.
---------------------------------------------------------------------------
          (15) \10\, \16\ The term ``waters under 
        the jurisdiction of the United States'' means--
---------------------------------------------------------------------------
    \16\ Sec. 304 of Public Law 102-251 (106 Stat. 65) amended and 
restated para. (15). Sec. 405(b)(2) of the Sustainable Fisheries Act 
(Public Law 104-297; 110 Stat. 3621) subsequently repealed sec. 304 of 
Public Law 102-251, and sec. 405(b)(3) of that Act amended and restated 
para. (15) anew. The amended para. added the clause in subpara. (C), 
beginning with ``except that this subparagraph''.
---------------------------------------------------------------------------
                  (A) the territorial sea of the United States;
                  (B) the waters included within a zone, 
                contiguous to the territorial sea of the United 
                States, of which the inner boundary is a line 
                coterminous with the seaward boundary of each 
                coastal State, and the outer boundary is a line 
                drawn in such a manner that each point on it is 
                200 nautical miles from the baseline from which 
                the territorial sea is measured; and
                  (C) the areas referred to as eastern special 
                areas in Article 3(1) of the Agreement between 
                the United States of America and the Union of 
                Soviet Socialist Republics on the Maritime 
                Boundary, signed June 1, 1990; in particular, 
                those areas east of the maritime boundary, as 
                defined in that Agreement, that lie within 200 
                nautical miles of the baselines from which the 
                breadth of the territorial sea of Russia is 
                measured but beyond 200 nautical miles of the 
                baselines from which the breadth of the 
                territorial sea of the United States is 
                measured, except that this subparagraph shall 
                not apply before the date on which the 
                Agreement between the United States and the 
                Union of Soviet Socialist Republics on the 
                Maritime Boundary, signed June 1, 1990, enters 
                into force for the United States.
          (16) \17\ The term ``fishery'' means--
---------------------------------------------------------------------------
    \17\ Sec. 2(c) of Public Law 102-523 (106 Stat. 3432) added paras. 
(16) and (17), originally as paras. (15) and (16), as redesignated by 
sec. 16(a)(2) of Public Law 103-238 (108 Stat. 559). Public Law 102-523 
also added a para. (17) that defined ``intermediary nation''. Sec. 
16(a)(1) of Public Law 103-238 struck out para. (17).
---------------------------------------------------------------------------
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (17) \17\ The term ``competent regional 
        organization''--
                  (A) for the tuna fishery in the eastern 
                tropical Pacific Ocean, means the Inter-
                American Tropical Tuna Commission; and
                  (B) in any other case, means an organization 
                consisting of those nations participating in a 
                tuna fishery, the purpose of which is the 
                conservation and management of that fishery and 
                the management of issues relating to that 
                fishery.
          (18) \18\ (A) The term ``harassment'' means any act 
        of pursuit, torment, or annoyance which--
---------------------------------------------------------------------------
    \18\ Sec. 12 of Public Law 103-238 (108 Stat. 557) added paras. 
(18) through (27).
---------------------------------------------------------------------------
                  (i) has the potential to injure a marine 
                mammal or marine mammal stock in the wild; or
                  (ii) has the potential to disturb a marine 
                mammal or marine mammal stock in the wild by 
                causing disruption of behavioral patterns, 
                including, but not limited to, migration, 
                breathing, nursing, breeding, feeding, or 
                sheltering.
          (B) \19\ In the case of a military readiness activity 
        (as defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note) or a scientific research activity 
        conducted by or on behalf of the Federal Government 
        consistent with section 104(c)(3), the term 
        ``harassment'' means--
---------------------------------------------------------------------------
    \19\ Sec. 139(a) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1433) struck out 
subparas. (B) and (C) and inserted in lieu thereof subparas. (B) 
through (D). Subparas. (B) and (C) previously read as follows:
    ``(B) The term `Level A harassment' means harassment described in 
subparagraph (A)(i).
    ``(C) The term `Level B harassment' means harassment described in 
subparagraph (A)(ii).''.
---------------------------------------------------------------------------
                  (i) any act that injures or has the 
                significant potential to injure a marine mammal 
                or marine mammal stock in the wild; or
                  (ii) any act that disturbs or is likely to 
                disturb a marine mammal or marine mammal stock 
                in the wild by causing disruption of natural 
                behavioral patterns, including, but not limited 
                to, migration, surfacing, nursing, breeding, 
                feeding, or sheltering, to a point where such 
                behavioral patterns are abandoned or 
                significantly altered.
          (C) \19\ The term ``Level A harassment'' means 
        harassment described in subparagraph (A)(i) or, in the 
        case of a military readiness activity or scientific 
        research activity described in subparagraph (B), 
        harassment described in subparagraph (B)(i).
          (D) \19\ The term ``Level B harassment'' means 
        harassment described in subparagraph (A)(ii) or, in the 
        case of a military readiness activity or scientific 
        research activity described in subparagraph (B), 
        harassment described in subparagraph (B)(ii).
          (19) \18\ The term ``strategic stock'' means a marine 
        mammal stock--
                  (A) for which the level of direct human-
                caused mortality exceeds the potential 
                biological removal level;
                  (B) which, based on the best available 
                scientific information, is declining and is 
                likely to be listed as a threatened species 
                under the Endangered Species Act of 1973 within 
                the foreseeable future; or
                  (C) which is listed as a threatened species 
                or endangered species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), 
                or is designated as depleted under this Act.
          (20) \18\ The term ``potential biological removal 
        level'' means the maximum number of animals, not 
        including natural mortalities, that may be removed from 
        a marine mammal stock while allowing that stock to 
        reach or maintain its optimum sustainable population. 
        The potential biological removal level is the product 
        of the following factors:
                  (A) The minimum population estimate of the 
                stock.
                  (B) One-half the maximum theoretical or 
                estimated net productivity rate of the stock at 
                a small population size.
                  (C) A recovery factor of between 0.1 and 1.0.
          (21) \18\ The term ``Regional Fishery Management 
        Council'' means a Regional Fishery Management Council 
        established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act.\20\
---------------------------------------------------------------------------
    \20\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (22) \18\ The term ``bona fide research'' means 
        scientific research on marine mammals, the results of 
        which--
                  (A) likely would be accepted for publication 
                in a referred scientific journal;
                  (B) are likely to contribute to the basic 
                knowledge of marine mammal biology or ecology; 
                or
                  (C) are likely to identify, evaluate, or 
                resolve conservation problems.
          (23) \18\ The term ``Alaska Native organization'' 
        means a group designated by law or formally chartered 
        which represents or consists of Indians, Aleuts, or 
        Eskimos residing in Alaska.
          (24) \18\ The term ``take reduction plan'' means a 
        plan developed under section 118.
          (25) \18\ The term ``take reduction team'' means a 
        team established under section 118.
          (26) \18\ The term ``net productivity rate'' means 
        the annual per capita rate of increase in a stock 
        resulting from additions due to reproduction, less 
        losses due to mortality.
          (27) \18\ The term ``minimum population estimate'' 
        means an estimate of the number of animals in a stock 
        that--
                  (A) is based on the best available scientific 
                information on abundance, incorporating the 
                precision and variability associated with such 
                information; and
                  (B) provides reasonable assurance that the 
                stock size is equal to or greater than the 
                estimate.
          (28) \21\ The term ``International Dolphin 
        Conservation Program'' means the international program 
        established by the agreement signed in La Jolla, 
        California, in June, 1992, as formalized, modified, and 
        enhanced in accordance with the Declaration of Panama.
---------------------------------------------------------------------------
    \21\ Sec. 3 of Public Law 105-42 (111 Stat. 1123) added paras. (28) 
and (29).
---------------------------------------------------------------------------
          (29) \21\ The term ``Declaration of Panama'' means 
        the declaration signed in Panama City, Republic of 
        Panama, on October 4, 1995.
          * * * * * * *

         TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                       moratorium and exceptions

    Sec. 101.\22\ (a) There shall be a moratorium on the taking 
and importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 1371.
---------------------------------------------------------------------------
          (1) \23\ Consistent with the provisions of section 
        104, permits may be issued by the Secretary for taking, 
        and importation for purposes of scientific research, 
        public display, photography for educational or 
        commercial purposes, or enhancing the survival or 
        recovery of a species or stock, or for importation of 
        polar bear parts (other than internal organs) taken in 
        sport hunts in Canada. Such permits, except permits 
        issued under section 104(c)(5), may be issued if the 
        taking or importation proposed to be made is first 
        reviewed by the Marine Mammal Commission and the 
        Committee of Scientific Advisors on Marine Mammals 
        established under title II. The Commission and 
        Committee shall recommend any proposed taking or 
        importation, other than importation under section 
        104(c)(5), which is consistent with the purposes and 
        policies of section 2 of this Act. If the Secretary 
        issues such a permit for importation, the Secretary 
        shall issue to the importer concerned a certificate to 
        that effect in such form as the Secretary of the 
        Treasury prescribes, and such importation may be made 
        upon presentation of the certificate to the customs 
        officer concerned.
---------------------------------------------------------------------------
    \23\ Sec. 4(a)(1) of Public Law 103-238 (108 Stat. 532) amended and 
restated para. (1). It had been amended previously by sec. 5(c) of 
Public Law 100-711 (102 Stat. 4769).
---------------------------------------------------------------------------
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 subject to 
        regulations prescribed by the Secretary in accordance 
        with section 103, or in lieu of such permits, 
        authorizations may be granted therefor under section 
        118, subject to regulations prescribed under that 
        section by the Secretary without regard to section 
        103.\24\ Such authorizations may be granted under title 
        III with respect to purse seine fishing for yellowfin 
        tuna in the eastern tropical Pacific Ocean, subject to 
        regulations prescribed under that title by the 
        Secretary without regard to section 103.\25\ In any 
        event it shall be the immediate goal that the 
        incidental kill or incidental serious injury of marine 
        mammals permitted in the course of commercial fishing 
        operations be reduced to insignificant levels 
        approaching a zero mortally and serious injury 
        rate.\26\ The Secretary of the Treasury shall ban the 
        importation of commercial fish or products from fish 
        which have been caught with commercial fishing 
        technology which results in the incidental kill or 
        incidental serious injury of ocean mammals in excess of 
        United States standards.
---------------------------------------------------------------------------
    \24\ Sec. 4(a)(2) of Public Law 103-238 (108 Stat. 533) inserted 
``or in lieu of such permits, authorizations may be granted therefor 
under section 118, subject to regulations prescribed under that section 
by the Secretary without regard to section 103''.
    \25\ Sec. 4(a)(1) of Public Law 105-42 (111 Stat. 1123) added this 
sentence.
    \26\ Sec. 101(1)(A) of Public Law 97-58 (95 Stat. 979) amended and 
restated para. (2) up to this point. Subsequently, sec. 4(a)(2) of 
Public Law 105-42 (111 Stat. 1123) struck out ``; provided that this 
goal shall be satisfied in the case of the incidental taking of marine 
mammals in the course of purse seine fishing for yellowfin tuna by a 
continuation of the application of the best marine mammal safety 
techniques and equipment that are economically and technologically 
practicable'' which previously appeared at this point.
---------------------------------------------------------------------------
    For purposes of applying the preceding sentence, the 
Secretary--
          (A) Shall insist on reasonable proof from the 
        government of any nation from which fish or fish 
        products will be exported to the United States of the 
        effects on ocean mammals of the commercial fishing 
        technology in use for such fish or fish products 
        exported from such nation to the United States; \27\
---------------------------------------------------------------------------
    \27\ Sec. 4(a) of Public Law 100-711 (102 Stat. 4765) struck out 
``and'' which previously appeared at this point.
---------------------------------------------------------------------------
          (B) \28\ in the case of yellowfin tuna harvested with 
        purse seine nets in the eastern tropical Pacific Ocean, 
        and products therefrom, to be exported to the United 
        States, shall require that the government of the 
        exporting nation provide documentary evidence that--
---------------------------------------------------------------------------
    \28\ Sec. 4(b)(1) of Public Law 105-42 (111 Stat. 1123) struck out 
subpara. (B) and inserted in lieu thereof a new subpara. (B). 
Previously, subpara. (B) had been amended by sec. 101 of Public Law 98-
364 (98 Stat. 440), by sec. 4(a)(2) of Public Law 100-711 (102 Stat. 
4765), and by sec. 4(a)(2) of Public Law 100-711 (102 Stat. 4765).
---------------------------------------------------------------------------
                  (i)(I) the tuna or products therefrom were 
                not banned from importation under this 
                paragraph before the effective date of section 
                4 of the International Dolphin Conservation 
                Program Act; or
                  (II) the tuna or products therefrom were 
                harvested after the effective date of section 4 
                of the International Dolphin Conservation 
                Program Act by vessels of a nation which 
                participates in the International Dolphin 
                Conservation Program, and such harvesting 
                nation is either a member of the Inter-American 
                Tropical Tuna Commission or has initiated (and 
                within 6 months thereafter completed) all steps 
                required of applicant nations, in accordance 
                with article V, paragraph 3 of the Convention 
                establishing the Inter-American Tropical Tuna 
                Commission, to become a member of that 
                organization;
                  (ii) such nation is meeting the obligations 
                of the International Dolphin Conservation 
                Program and the obligations of membership in 
                the Inter-American Tropical Tuna Commission, 
                including all financial obligations; and
                  (iii) the total dolphin mortality limits, and 
                per-stock per-year dolphin mortality limits 
                permitted for that nation's vessels under the 
                International Dolphin Conservation Program do 
                not exceed the limits determined for 1997, or 
                for any year thereafter, consistent with the 
                objective of progressively reducing dolphin 
                mortality to a level approaching zero through 
                the setting of annual limits and the goal of 
                eliminating dolphin mortality, and requirements 
                of the International Dolphin Conservation 
                Program;
          (C) \29\ shall not accept such documentary evidence 
        if--
---------------------------------------------------------------------------
    \29\ Sec. 4(b) of Public Law 105-42 (111 Stat. 1124) redesignated 
subparas. (C), (D), and (E) as subparas. (D), (E), and (F), and added a 
new subpara. (C). Sec. 4(a)(3) of Public Law 100-711 (102 Stat. 4766) 
added subparas. (D) and (E), as redesignated. Sec. 901(h) of the 
Dolphin Protection Consumer Information Act (title IX of Public Law 
101-627; 104 Stat. 4467) added subpara. (F), as redesignated. 
Previously, sec. 401(b) of Public Law 102-582 (106 Stat. 4909) amended 
and restated subpara. (D), as redesignated.
---------------------------------------------------------------------------
                  (i) the government of the harvesting nation 
                does not provide directly or authorize the 
                Inter-American Tropical Tuna Commission to 
                release complete and accurate information to 
                the Secretary in a timely manner--
                          (I) to allow determination of 
                        compliance with the International 
                        Dolphin Conservation Program; and
                          (II) for the purposes of tracking and 
                        verifying compliance with the minimum 
                        requirements established by the 
                        Secretary in regulations promulgated 
                        under subsection (f) of the Dolphin 
                        Protection Consumer Information Act (16 
                        U.S.C. 1385(f)); or
                  (ii) after taking into consideration such 
                information, findings of the Inter-American 
                Tropical Tuna Commission, and any other 
                relevant information, including information 
                that a nation is consistently failing to take 
                enforcement actions on violations which 
                diminish the effectiveness of the International 
                Dolphin Conservation Program, the Secretary, in 
                consultation with the Secretary of State, finds 
                that the harvesting nation is not in compliance 
                with the International Dolphin Conservation 
                Program.
          (D) \29\ shall require the government of any 
        intermediary nation to certify and provide reasonable 
        proof to the Secretary that it has not imported, within 
        the preceding six months, any yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation to the United States under 
        subparagraph (B);
          (E) \29\ shall, six months after importation of 
        yellowfin tuna or tuna products has been banned under 
        this section, certify such fact to the President, which 
        certification shall be deemed to be a certification for 
        the purposes of section 8(a) of the Fishermen's 
        Protective Act of 1967 (22 U.S.C. 1978(a)) for as long 
        as such ban is in effect; and \27\
          (F) \29\ (i) except as provided in clause (ii), in 
        the case of fish or products containing fish harvested 
        by a nation whose fishing vessels engage in high seas 
        driftnet fishing, shall require that the government of 
        the exporting nation provide documentary evidence that 
        the fish or fish product was not harvested with a 
        large-scale driftnet in the South Pacific Ocean after 
        July 1, 1991, or in any other water of the high seas 
        after January 1, 1993,\30\ and
---------------------------------------------------------------------------
    \30\ Sec. 103(1) of Public Law 102-582 (106 Stat. 4903) struck out 
``July 1, 1992'' and inserted in lieu thereof ``January 1, 1993''.
---------------------------------------------------------------------------
          (ii) in the case of tuna or a product containing tuna 
        harvested by a nation whose fishing vessels engage in 
        high seas driftnet fishing, shall require that the 
        government of the exporting nation provide documentary 
        evidence that the tuna or tuna product was not 
        harvested with a large-scale driftnet any on the high 
        seas after July 1, 1991.
For purpose of subparagraph (F),\31\ the term ``driftnet'' has 
the meaning given such term in section 4003 of the Driftnet 
Impact Monitoring, Assessment, and Control Act of 1987 (16 
U.S.C. 1822 note), except that, until January 1, 1994, the term 
``driftnet'' does not include the use in the northeast Atlantic 
Ocean of gillnets with a total length not to exceed five 
kilometers if the use is in accordance with regulations adopted 
by the European Community pursuant to the October 28, 1991, 
decision by the Council of Fisheries Ministers of the 
Community.\32\
---------------------------------------------------------------------------
    \31\ Sec. 4(b)(4) of Public Law 105-42 (111 Stat. 1124) struck out 
``subparagraph (E)'' and inserted in lieu thereof ``subparagraph (F)''.
    \32\ Sec. 103(2) of Public Law 102-582 (106 Stat. 4903) inserted 
text to this point beginning with ``except that, until January 1, 
1994,''.
---------------------------------------------------------------------------
          (3)(A) The Secretary, on the basis of the best 
        scientific evidence available and in consultation with 
        the Marine Mammal Commission, is authorized and 
        directed, from time to time, having due regard to the 
        distribution, abundance, breeding habits, and times and 
        lines of migratory movements of such marine mammals, to 
        determine when, to what extent, if at all, and by what 
        means, it is compatible with this Act to waive the 
        requirements of this section so as to allow taking, or 
        importing of any marine mammal, or any marine mammal 
        product, and to adopt suitable regulations, issue 
        permits, and make determinations in accordance with 
        sections 102, 103, 104, and 111 of this title 
        permitting and governing such taking and importing, in 
        accordance with such determinations: Provided, however, 
        That the Secretary, in making such determinations, must 
        be assured that the taking of such marine mammals is in 
        accord with sound principles of resource protection and 
        conservation as provided in the purposes and policies 
        of this Act: Provided further, however, That no marine 
        mammal or no marine mammal product may be imported into 
        the United States unless the Secretary certifies that 
        the program for taking marine mammals in the country of 
        origin is consistent with the provisions and policies 
        of this Act. Products of nations not so certified may 
        not be imported into the United States for any purpose, 
        including processing for exportation.
          (B) Except for scientific research purposes, 
        photography for educational or commercial purposes,\33\ 
        or enhancing the survival or recovery of a species or 
        stock \34\ as provided for in paragraph (1) of this 
        subsection, or as provided for under paragraph (5) of 
        this subsection,\35\ during the moratorium no permit 
        may be issued for the taking of any marine mammal which 
        \36\ has been designated by the Secretary as depleted, 
        and no importation may be made of any such mammal.
---------------------------------------------------------------------------
    \33\ Sec. 4(a)(3)(A) of Public Law 103-238 (108 Stat. 533) inserted 
``, photography for educational or commercial purposes,''.
    \34\ Sec. 5(e)(1) of Public Law 100-711 (102 Stat. 4771) inserted 
``or enhancing the survival or recovery of a species or stock''.
    \35\ Sec. 4(a)(3)(B) of Public Law 103-238 (108 Stat. 533) inserted 
``or as provided for under paragraph (5) of this subsection,''.
    \36\ Sec. 101(1)(B) of Public Law 97-58 (95 Stat. 980) struck out 
``is classified as belonging to an endangered species or threatened 
species pursuant to the Endangered Species Act of 1973 or'' which 
previously appeared at this point.
---------------------------------------------------------------------------
          (4) \37\ (A) Except as provided in subparagraphs (B) 
        and (C), the provisions of this Act shall not apply to 
        the use of measures--
---------------------------------------------------------------------------
    \37\ Sec. 101(1)(C) of Public Law 97-58 (95 Stat. 980) added para. 
(4). Subsequently, para. (4) was amended and restated by sec. 411 of 
Public Law 99-659 (100 Stat. 3741), and further amended and restated by 
sec. 4(a)(4) of Public Law 103-238 (108 Stat. 533).
---------------------------------------------------------------------------
                  (i) by the owner of fishing gear or catch, or 
                an employee or agent of such owner, to deter a 
                marine mammal from damaging the gear or catch;
                  (ii) by the owner of other private property, 
                or an agent, bailee, or employee of such owner, 
                to deter a marine mammal from damaging private 
                property;
                  (iii) by any person, to deter a marine mammal 
                from endangering personal safety; or
                  (iv) by a government employee, to deter a 
                marine mammal from damaging public property, so 
                long as such measures do not result in the 
                death or serious injury of a marine mammal.
          (B) The Secretary shall, through consultation with 
        appropriate experts, and after notice and opportunity 
        for public comment, publish in the Federal Register a 
        list of guidelines for use in safely deterring marine 
        mammals. In the case of marine mammals listed as 
        endangered species or threatened species under the 
        Endangered Species Act of 1973, the Secretary shall 
        recommend specific measures which may be used to 
        nonlethally deter marine mammals. Actions to deter 
        marine mammals consistent with such guidelines or 
        specific measures shall not be a violation of this Act.
          (C) If the Secretary determines, using the best 
        scientific information available, that certain forms of 
        deterrence have a significant adverse effect on marine 
        mammals, the Secretary may prohibit such deterrent 
        methods, after notice and opportunity for public 
        comment, through regulation under this Act.
          (D) The authority to deter marine mammals pursuant to 
        subparagraph (A) applies to all marine mammals, 
        including all stocks designated as depleted under this 
        Act.
          (5)(A)(i) \38\ Upon request therefor by citizens of 
        the United States who engage in a specified activity 
        (other than commercial fishing) within a specified 
        geographical region, the Secretary shall allow, during 
        periods of not more than five consecutive years each, 
        the incidental, but not intentional, taking by citizens 
        while engaging in that activity within that region of 
        small numbers of marine mammals of a species or 
        population stock \39\ if the Secretary, after notice 
        (in the Federal Register and in newspapers of general 
        circulation, and through appropriate electronic media, 
        in the coastal areas that may be affected by such 
        activity) and opportunity for public comment--
---------------------------------------------------------------------------
    \38\ Sec. 319(c)(1) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1434) inserted ``(i)'' 
after ``(5)(A)'', redesignated clauses (i) and (ii) and subclauses (I) 
and (II) as subclauses (I) and (II) and items (aa) and (bb), 
respectively, and added new clauses (ii) and (iii).
    \39\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) struck out 
``that is not depleted'' at this point.
---------------------------------------------------------------------------
                  (I) \38\ finds that the total of such taking 
                during each five-year (or less) period 
                concerned will have a negligible impact on such 
                species or stock and will not have an 
                unmitigable adverse impact \40\ on the 
                availability of such species or stock for 
                taking for subsistence uses pursuant to 
                subsection (b) or section 109(f) or, in the 
                case of a cooperative agreement under both this 
                Act and the Whaling Convention Act of 1949 (16 
                U.S.C. 916 et seq.), pursuant to section 
                112(c); \41\ and
---------------------------------------------------------------------------
    \40\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) struck out 
``its habitat, and'' and inserted in lieu thereof ``will not have an 
unmitigable adverse impact''.
    \41\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) inserted ``or, 
in the case of a cooperative agreement under both this Act and the 
Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to 
section 112(c)''.
---------------------------------------------------------------------------
                  (II) \38\ prescribes regulations setting 
                forth--
                          (aa) \38\ permissible methods of 
                        taking pursuant to such activity, and 
                        other means of effecting the last 
                        practicable adverse impact on such 
                        species or stock and its habitat, 
                        paying particular attention to 
                        rookeries, mating grounds, and areas of 
                        similar significance; and on the 
                        availability of such species or stock 
                        for substance uses; \42\ and
---------------------------------------------------------------------------
    \42\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) inserted ``and 
on the availability of such species or stock for substance uses''.
---------------------------------------------------------------------------
                          (bb) \38\ requirements pertaining to 
                        the monitoring and reporting of such 
                        taking.
          (ii) \38\ For a military readiness activity (as 
        defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), a determination of `least practicable 
        adverse impact on such species or stock' under clause 
        (i)(II)(aa) shall include consideration of personnel 
        safety, practicality of implementation, and impact on 
        the effectiveness of the military readiness activity. 
        Before making the required determination, the Secretary 
        shall consult with the Department of Defense regarding 
        personnel safety, practicality of implementation, and 
        impact on the effectiveness of the military readiness 
        activity.
          (iii) \38\ Notwithstanding clause (i), for any 
        authorization affecting a military readiness activity 
        (as defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), the Secretary shall publish the 
        notice required by such clause only in the Federal 
        Register.
          (B) The Secretary shall withdraw, or suspend for a 
        time certain (either on an individual or class basis, 
        as appropriate) the permission to take marine mammals 
        under subparagraph (A) pursuant to a specified activity 
        within a specified geographical region if the Secretary 
        finds, after notice and opportunity for public comment 
        (as required under subparagraph (A) unless subparagraph 
        (C)(i) applies), that--
                  (i) the regulations prescribed under 
                subparagraph (A) regarding methods of taking, 
                monitoring, or reporting are not being 
                substantially complied with by a person 
                engaging in such activity; or
                  (ii) the taking allowed under subparagraph 
                (A) pursuant to one or more activities within 
                one or more regions is having, or may have, 
                more than a negligible impact on the species or 
                stock concerned.
          (C)(i) The requirement for notice and opportunity for 
        public comment in subparagraph (B) shall not apply in 
        the case of a suspension of permission to take if the 
        Secretary determines that an emergency exists which 
        poses a significant risk to the well-being of the 
        species or stock concerned.
          (ii) Sections 103 and 104 shall not apply to the 
        taking of marine mammals under the authority of this 
        paragraph.
          (D) \43\ (i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specific geographic 
        region, the Secretary shall authorize, for periods of 
        not more than 1 year, subject to such conditions as the 
        Secretary may specify, the incidental, but not 
        intentional, taking by harassment of small numbers of 
        marine mammals of a species or population stock by such 
        citizens while engaging in that activity within that 
        region if the Secretary finds that such harassment 
        during each period concerned--
---------------------------------------------------------------------------
    \43\ Sec. 4(a)(5) of Public Law 103-238 (108 Stat. 533) added 
subparas. (D) and (E).
---------------------------------------------------------------------------
                  (I) will have a negligible impact on such 
                species or stock, and
                  (II) will not have an unmitigable adverse 
                impact on the availability of such species or 
                stock for taking for subsistence uses pursuant 
                to subsection (b), or section 109(f) or 
                pursuant to a cooperative agreement under 
                section 119.
          (ii) The authorization for such activity shall 
        prescribe, where applicable--
                  (I) permissible methods of taking by 
                harassment pursuant to such activity, and other 
                means of effecting the least practicable impact 
                on such species or stock and its habitat, 
                paying particular attention to rookeries, 
                mating grounds, and areas of similar 
                significance, and on the availability of such 
                species or stock for taking for subsistence 
                uses pursuant to subsection (b) or section 
                109(f) or pursuant to a cooperative agreement 
                under section 119,
                  (II) the measures that the Secretary 
                determines are necessary to ensure no 
                unmitigable adverse impact on the availability 
                of the species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) or pursuant to a cooperative 
                agreement under section 119, and
                  (III) requirements pertaining to the 
                monitoring and reporting of such taking by 
                harassment, including requirements for the 
                independent peer review of proposed monitoring 
                plans or other research proposals where the 
                proposed activity may affect the availability 
                of a species or stock for taking for 
                subsistence uses pursuant to subsection (b) or 
                section 109(f) or pursuant to a cooperative 
                agreement under section 119.
          (iii) The Secretary shall publish a proposed 
        authorization not later than 45 days after receiving an 
        application under this subparagraph and request public 
        comment through notice in the Federal Register, 
        newspapers of general circulation, and appropriate 
        electronic media and to all locally affected 
        communities for a period of 30 days after publication. 
        Not later than 45 days after the close of the public 
        comment period, if the Secretary makes the findings set 
        forth in clause (i), the Secretary shall issue an 
        authorization with appropriate conditions to meet the 
        requirements of clause (ii).
          (iv) The Secretary shall modify, suspend, or revoke 
        an authorization if the Secretary finds that the 
        provisions of clauses (i) or (ii) are not being met.
          (v) A person conducting an activity for which an 
        authorization has been granted under this subparagraph 
        shall not be subject to the penalties of this Act for 
        taking by harassment that occurs in compliance with 
        such authorization.
          (vi) \44\ For a military readiness activity (as 
        defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), a determination of ``least 
        practicable adverse impact on such species or stock'' 
        under clause (i)(I) shall include consideration of 
        personnel safety, practicality of implementation, and 
        impact on the effectiveness of the military readiness 
        activity. Before making the required determination, the 
        Secretary shall consult with the Department of Defense 
        regarding personnel safety, practicality of 
        implementation, and impact on the effectiveness of the 
        military readiness activity.
---------------------------------------------------------------------------
    \44\ Sec. 319(c)(2) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1435) added clauses 
(vi) and (vii).
---------------------------------------------------------------------------
          (vii) \44\ Notwithstanding clause (iii), for any 
        authorization affecting a military readiness activity 
        (as defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note), the Secretary shall publish the 
        notice required by such clause only in the Federal 
        Register.
          (E) \43\ (i) During any period of up to 3 consecutive 
        years, the Secretary shall allow the incidental, but 
        not the intentional, taking by persons using vessels of 
        the United States or vessels which have valid fishing 
        permits issued by the Secretary in accordance with 
        section 204(b) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 
        1824(b)),\45\ while engaging in commercial fishing 
        operations, of marine mammals from a species or stock 
        designated as depleted because of its listing as an 
        endangered species or threatened species under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
        if the Secretary, after notice and opportunity for 
        public comment, determines that--
---------------------------------------------------------------------------
    \45\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
                  (I) the incidental mortality and serious 
                injury from commercial fisheries will have a 
                negligible impact on such species or stock;
                  (II) a recovery plan has been developed or is 
                being developed for such species or stock 
                pursuant to the Endangered Species Act of 1973; 
                and
                  (III) where required under section 118, a 
                monitoring program is established under 
                subsection (d) of such section, vessels engaged 
                in such fisheries are registered in accordance 
                with such section, and a take reduction plan 
                has been developed or is being developed for 
                such species or stock.
          (ii) Upon a determination by the Secretary that the 
        requirements of clause (i) have been met, the Secretary 
        shall publish in the Federal Register a list of those 
        fisheries for which such determination was made, and, 
        for vessels required to register under section 118, 
        shall issue an appropriate permit for each 
        authorization granted under such section to vessels to 
        which this paragraph applies. Vessels engaged in a 
        fishery included in the notice published by the 
        Secretary under this clause which are not required to 
        register under section 118 shall not be subject to the 
        penalties of this Act for the incidental taking of 
        marine mammals to which this paragraph applies, so long 
        as the owner or master of such vessel reports any 
        incidental mortality or injury of such marine mammals 
        to the Secretary in accordance with section 118.
          (iii) If, during the course of the commercial fishing 
        season, the Secretary determines that the level of 
        incidental mortality or serious injury from commercial 
        fisheries for which a determination was made under 
        clause (i) has resulted or is likely to result in an 
        impact that is more than negligible on the endangered 
        or threatened species or stock, the Secretary shall use 
        the emergency authority granted under section 118 to 
        protect such species or stock, and may modify any 
        permit granted under this paragraph as necessary.
          (iv) The Secretary may suspend for a time certain or 
        revoke a permit granted under this subparagraph only if 
        the Secretary determines that the conditions or 
        limitations set forth in such permit are not being 
        complied with. The Secretary may amend or modify, after 
        notice and opportunity for public comment, the list of 
        fisheries published under clause (ii) whenever the 
        Secretary determines there has been a significant 
        change in the information or conditions used to 
        determine such list.
          (v) Sections 103 and 104 shall not apply to the 
        taking of marine mammals under the authority of this 
        subparagraph.
          (vi) This subparagraph shall not govern the 
        incidental taking of California sea otters and shall 
        not be deemed to amend or repeal the Act of November 7, 
        1986 (Public Law 99-625; 100 Stat. 3500).
          (F) \46\ Notwithstanding the provisions of this 
        subsection, any authorization affecting a military 
        readiness activity (as defined in section 315(f) of 
        Public Law 107-314; 16 U.S.C. 703 note) shall not be 
        subject to the following requirements:
---------------------------------------------------------------------------
    \46\ Sec. 319(c)(3) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1435) added subpara. 
(F).
---------------------------------------------------------------------------
                  (i) In subparagraph (A), ``within a specified 
                geographical region'' and ``within that region 
                of small numbers''.
                  (ii) In subparagraph (B), ``within a 
                specified geographical region'' and ``within 
                one or more regions''.
                  (iii) In subparagraph (D), ``within a 
                specific geographic region'', ``of small 
                numbers'', and ``within that region''.
          (6) \47\ (A) A marine mammal product may be imported 
        into the United States if the product--
---------------------------------------------------------------------------
    \47\ Sec. 4(a)(6) of Public Law 103-238 (108 Stat. 536) added para. 
(6).
---------------------------------------------------------------------------
                  (i) was legally possessed and exported by any 
                citizen of the United States in conjunction 
                with travel outside the United States, provided 
                that the product is imported into the United 
                States by the same person upon the termination 
                of travel;
                  (ii) was acquired outside of the United 
                States as part of a cultural exchange by an 
                Indian, Aleut, or Eskimo residing in Alaska; or
                  (iii) is owned by a Native inhabitant of 
                Russia, Canada, or Greenland and is imported 
                for noncommercial purposes in conjunction with 
                travel within the United States or as part of a 
                cultural exchange with an Indian, Aleut, or 
                Eskimo residing in Alaska.
          (B) For the purposes of this paragraph, the term--
                  (i) ``Native inhabitant of Russia, Canada, or 
                Greenland'' means a person residing in Russia, 
                Canada, or Greenland who is related by blood, 
                is a member of the same clan or ethnological 
                grouping, or shares a common heritage with an 
                Indian, Aleut, or Eskimo residing in Alaska; 
                and
                  (ii) ``cultural exchange'' means the sharing 
                or exchange of ideas, information, gifts, 
                clothing, or handicrafts between an Indian, 
                Aleut, or Eskimo residing in Alaska and a 
                Native inhabitant of Russia, Canada, or 
                Greenland, including rendering of raw marine 
                mammal parts as part of such exchange into 
                clothing or handicrafts through carving, 
                painting, sewing, or decorating.
          * * * * * * *
    (e) \48\ Act Not to Apply to Incidental Takings by United 
States Citizens Employed on Foreign Vessels Outside the United 
States EEZ.--The provisions of this Act shall not apply to a 
citizen of the United States who incidentally takes any marine 
mammal during fishing operations outside the United States 
exclusive economic zone (as defined in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802)) when employed on a foreign fishing vessel of a 
harvesting nation which is in compliance with the International 
Dolphin Conservation Program.
---------------------------------------------------------------------------
    \48\ Sec. 4(c) of Public Law 105-42 (111 Stat. 1124) added subsec. 
(e).
---------------------------------------------------------------------------
    (f) \49\ Exemption of Actions Necessary for National 
Defense.--(1) The Secretary of Defense, after conferring with 
the Secretary of Commerce, the Secretary of the Interior, or 
both, as appropriate, may exempt any action or category of 
actions undertaken by the Department of Defense or its 
components from compliance with any requirement of this Act, if 
the Secretary determines that it is necessary for national 
defense.
---------------------------------------------------------------------------
    \49\ Sec. 319(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1434) added subsec. 
(f).
---------------------------------------------------------------------------
    (2) An exemption granted under this subsection--
          (A) subject to subparagraph (B), shall be effective 
        for a period specified by the Secretary of Defense; and
          (B) shall not be effective for more than 2 years.
    (3)(A) The Secretary of Defense may issue additional 
exemptions under this subsection for the same action or 
category of actions, after--
          (i) conferring with the Secretary of Commerce, the 
        Secretary of the Interior, or both as appropriate; and
          (ii) making a new determination that the additional 
        exemption is necessary for national defense.
    (B) Each additional exemption under this paragraph shall be 
effective for a period specified by the Secretary of Defense, 
of not more than 2 years.
    (4) Not later than 30 days after issuing an exemption under 
paragraph (1) or an additional exemption under paragraph (3), 
the Secretary of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Committee on 
Armed Services of the Senate notice describing the exemption 
and the reasons therefor. The notice may be provided in 
classified form if the Secretary of Defense determines that use 
of the classified form is necessary for reasons of national 
security.

                              prohibitions

    Sec. 102.\50\, \51\ (a) Except as provided in 
sections 101, 103, 104, 109, 111, 113, 114, and 118 of this 
title and title IV, it is unlawful--
---------------------------------------------------------------------------
    \50\ 16 U.S.C. 1372.
    \51\ Sec. 3(a)(1)(A) of Public Law 97-58 (95 Stat. 981) inserted 
the reference to sec. 109. Sec. 2(b) of Public Law 100-711 (102 Stat. 
4763) inserted the reference to sec. 114. Sec. 3004(a)(1) of Public Law 
102-587 (106 Stat. 5067) inserted the reference to title III, as 
subsequently amended by sec. 13(c) of Public Law 103-238 (108 Stat. 
558) to refer to title IV, to correspond with the redesignation of 
title III to title IV, relating to marine mammal health and stranding 
response. Sec. 13(c) of that Act also added the reference to sec. 118 
and title IV. In a redundant amendment, sec. 24(c)(9) of that Act 
struck out ``title III'' and inserted in lieu thereof ``title IV''.
---------------------------------------------------------------------------
          (1) for any person subject to the jurisdiction of the 
        United States or any vessel or other conveyance subject 
        to the jurisdiction of the United States to take any 
        marine mammal on the high seas;
          (2) except as expressly provided for by an 
        international treaty, convention, or agreement to which 
        the United States is a party and which was entered into 
        before the effective date of this title or by any 
        statute implementing any such treaty, convention, or 
        agreement--
                  (A) for any person or vessel or other 
                conveyance to take any marine mammal in waters 
                or on lands under the jurisdiction of the 
                United States; or
                  (B) for any person to use any port, harbor, 
                or other place under the jurisdiction of the 
                United States to take or import \52\ marine 
                mammals or marine mammal products; and
---------------------------------------------------------------------------
    \52\ Sec. 5(a)(1) of Public Law 103-238 (108 Stat. 537) struck out 
``for any purpose in any way connected with the taking or importation 
of'' and inserted in lieu thereof ``to take or import''.
---------------------------------------------------------------------------
          (3) \53\ for any person, with respect to any marine 
        mammal taken in violation of this title, to possess 
        that mammal or any product from that mammal;
---------------------------------------------------------------------------
    \53\ Sec. 3(a)(1) of Public Law 97-58 (95 Stat. 981) redesignated 
para. (4) as para. (5), struck out existing para. (3), and added new 
paras. (3) and (4).
---------------------------------------------------------------------------
          (4) \53\ for any person to transport, purchase, sell, 
        export, or offer to purchase, sell, or export \54\ any 
        marine mammal or marine mammal product-- \55\
---------------------------------------------------------------------------
    \54\ Sec. 5(a)(2)(A) of Public Law 103-238 (108 Stat. 537) struck 
out ``or offer to purchase or sell'' and inserted in lieu thereof 
``export, or offer to purchase, sell, or export''.
    \55\ Sec. 5(a)(2)(B) of Public Law 103-238 (108 Stat. 537) struck 
out ``product; and'' and inserted in lieu thereof ``product--''.
---------------------------------------------------------------------------
                  (A) \56\ that is taken in violation of this 
                Act; or
---------------------------------------------------------------------------
    \56\ Sec. 5(a)(2)(C) of Public Law 103-238 (108 Stat. 537) added 
subparas. (A) and (B).
---------------------------------------------------------------------------
                  (B) \56\ for any purpose other than public 
                display, scientific research, or enhancing the 
                survival of a species or stock as provided for 
                under subsection 104(c); and
          (5) \53\ for any person to use, in a commercial 
        fishery, any means or methods of fishing in 
        contravention of any regulations or limitations, issued 
        by the Secretary for that fishery to achieve the 
        purposes of this Act.
    (b) Except pursuant to a permit for scientific research, or 
for enhancing the survival or recovery of a species or 
stock,\57\ issued under section 104(c) of this title, it is 
unlawful to import into the United States any marine mammal if 
such mammal was--
---------------------------------------------------------------------------
    \57\ Sec. 5(e)(2) of Public Law 100-711 (102 Stat. 4771) struck out 
``research'' and inserted in lieu thereof ``research, or for enhancing 
the survival or recovery of a species or stock,''.
---------------------------------------------------------------------------
          (1) pregnant at the time of taking;
          (2) nursing at the time of taking, or less than eight 
        months old, whichever occurs later;
          (3) taken from a species or population stock which 
        the Secretary has, by regulation published in the 
        Federal Register, designated as a depleted species or 
        stock; \58\ or
---------------------------------------------------------------------------
    \58\ Sec. 3(a)(2) of Public Law 97-58 (95 Stat. 981) struck out 
``or which has been listed as an endangered species or threatened 
species pursuant to the Endangered Species Act of 1973'' which had 
previously appeared at this point.
---------------------------------------------------------------------------
          (4) taken in a manner deemed inhumane by the 
        Secretary.
Notwithstanding the provisions of paragraphs (1) and (2), the 
Secretary may issue a permit for the importation of a marine 
mammal, if the Secretary determines that such importation is 
necessary for the protection or welfare of the animal.\59\
---------------------------------------------------------------------------
    \59\ Sec. 5(b) of Public Law 100-711 (102 Stat. 4769) added this 
sentence.
---------------------------------------------------------------------------
    (c) It is unlawful to import into the United States any of 
the following:
          (1) Any marine mammal which was--
                  (A) taken in violation of this title; or
                  (B) taken in another country in violation of 
                the law of that country.
          (2) Any marine mammal product if--
                  (A) the importation in to the United States 
                of the marine mammal from which such product is 
                made is unlawful under paragraph (1) of this 
                subsection; or
                  (B) the sale in commerce of such product in 
                the country of origin of the product is 
                illegal;
          (3) Any fish, whether fresh, frozen, or otherwise 
        prepared, if such fish was caught in a manner which the 
        Secretary has proscribed for persons subject to the 
        jurisdiction of the United States, whether or not any 
        marine mammals were in fact taken incident to the 
        catching of the fish.
    (d) Subsection (b) and (c) of this section shall not 
apply--
          (1) in the case of marine mammals or marine mammal 
        products, as the case may be, to which subsection 
        (b)(3) of this section applies, to such items imported 
        into the United States before the date on which the 
        Secretary publishes notice in the Federal Register of 
        his proposed rulemaking with respect to the designation 
        of the species or stock concerned as depleted,\60\ or
---------------------------------------------------------------------------
    \60\ Sec. 3(a)(3) of Public Law 97-58 (95 Stat. 981) struck out 
``or endangered'' which previously appeared at this point.
---------------------------------------------------------------------------
          (2) in the case of marine mammals or marine mammal 
        products to which subsection (c)(1)(B) or (c)(2)(B) of 
        this section applies, to articles imported into the 
        United States before the effective date of the foreign 
        law making the taking or sale, as the case may be, of 
        such marine mammals or marine mammal products unlawful.
    (e) This Act shall not apply with respect to any marine 
mammal taken before the effective date of this Act, or to any 
marine mammal product consisting of, or composed in whole or in 
part of, any marine mammal taken before such date.
    (f) \61\ It is unlawful for any person or vessel or other 
conveyance to take any species of whale incident to commercial 
whaling in waters subject to the jurisdiction of the United 
States.
---------------------------------------------------------------------------
    \61\ Sec. 4 of Public Law 95-136 (91 Stat. 1167) added subsec. (f).
---------------------------------------------------------------------------
          * * * * * * *

                         international program

    Sec. 108.\62\ (a) The Secretary, through the Secretary of 
State, shall--
---------------------------------------------------------------------------
    \62\ 16 U.S.C. 1378.
---------------------------------------------------------------------------
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multilateral agreements 
        with other nations for the protection and conservation 
        of all marine mammals covered by this Act;
          (2) \63\ initiate--
---------------------------------------------------------------------------
    \63\ Sec. 4(b) of Public Law 100-711 (102 Stat. 4766) redesignated 
the original text of para. (2) as subpara. (A) and added a new subpara. 
(B).
---------------------------------------------------------------------------
                  (A) \63\ negotiations as soon as possible 
                with all foreign governments which are engaged 
                in, or which have persons or companies engaged 
                in, commercial fishing operations which are 
                found by the Secretary to be unduly harmful to 
                any species or population stock of marine 
                mammal, for the purpose of entering into 
                bilateral and multilateral treaties with such 
                countries to protect marine mammals, with the 
                Secretary of State to prepare a draft agenda 
                relating to this matter for discussion at 
                appropriate international meetings and forums; 
                \64\
---------------------------------------------------------------------------
    \64\ Sec. 4(e) of Public Law 105-42 (111 Stat. 1125) struck out 
``and'' at the end of subpara. (A), struck out a period at the end of 
subpara. (B) and inserted in lieu thereof a semicolon, and added 
subparas. (C) and (D).
---------------------------------------------------------------------------
                  (B) \63\ discussions with foreign governments 
                whose vessels harvest yellowfin tuna with purse 
                seines in the eastern tropical Pacific Ocean, 
                for the purpose of concluding, through the 
                Inter-American Tropical Tuna Commission or such 
                other bilateral or multilateral institutions as 
                may be appropriate, international arrangements 
                for the conservation of marine mammals taken 
                incidentally in the course of harvesting such 
                tuna, which should include provisions for (i) 
                cooperative research into alternative methods 
                of locating and catching yellowfin tuna which 
                do not involve the taking of marine mammals, 
                (ii) cooperative research on the status of 
                affected marine mammal population stocks, (iii) 
                reliable monitoring of the number, rate, and 
                species of marine mammals taken by vessels of 
                harvesting nations, (iv) limitations on 
                incidental take levels based upon the best 
                scientific information available, and (v) the 
                use of the best marine mammal safety techniques 
                and equipment that are economically and 
                technologically practicable to reduce the 
                incidental kill and serious injury of marine 
                mammals to insignificant levels approaching a 
                zero mortality and serious injury rate; \64\
                  (C) \64\ negotiations to revise the 
                Convention for the Establishment of an Inter-
                American Tropical Tuna Commission (1 U.S.T. 
                230; TIAS 2044) which will incorporate--
                          (i) the conservation and management 
                        provisions agreed to by the nations 
                        which have signed the Declaration of 
                        Panama and in the Straddling Fish 
                        Stocks and Highly Migratory Fish Stocks 
                        Agreement, as opened for signature on 
                        December 4, 1995; and
                          (ii) a revised schedule of annual 
                        contributions to the expenses of the 
                        Inter-American Tropical Tuna Commission 
                        that is equitable to participating 
                        nations; and
                  (D) \64\ discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for 
                the purpose of identifying sources of funds 
                needed for research and other measures 
                promoting effective protection of dolphins, 
                other marine species, and the marine ecosystem;
          (3) encourage such other agreements to promote the 
        purposes of this Act with other nations for the 
        protection of specific ocean and land regions which are 
        of special significance to the health and stability of 
        marine mammals;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of any species of marine mammal to which 
        the United States is a party in order to make such 
        treaty consistent with the purposes and policies of 
        this Act;
          (5) seek the convening of an international 
        ministerial meeting on marine mammals before July 1, 
        1973, for the purposes of (A) the negotiation of a 
        binding international convention for the protection and 
        conservation of all marine mammals, and (B) the 
        implementation of paragraph (3) of this section; and
          (6) provide to the Congress by not later than one 
        year after the date of the enactment of this Act a full 
        report on the results of his efforts under this 
        section.
    (b)(1) In addition to the foregoing, the Secretary shall--
          (A) in consultation with the Marine Mammal Commission 
        established by section 201 of this Act, undertake a 
        study of the North Pacific fur seals to determine 
        whether herds of such seals subject to the jurisdiction 
        of the United States are presently at their optimum 
        sustainable population and what population trends are 
        evident; and
          (B) in consultation with the Secretary of State, 
        promptly undertake a comprehensive study of the 
        provisions of this Act, as they relate to North Pacific 
        fur seals, and the provisions of the North Pacific Fur 
        Seal Convention signed on February 9, 1957,\65\ as 
        extended (hereafter referred to in this subsection as 
        the ``Convention''), to determine what modifications, 
        if any, should be made to the provisions of the 
        Convention, or of this Act, or both, to make the 
        Convention and this Act consistent with each other.
---------------------------------------------------------------------------
    \65\ 8 UST 2283; TIAS 3948.
---------------------------------------------------------------------------
The Secretary shall complete the studies required under this 
paragraph not later than one year after the date of enactment 
of this Act and shall immediately provide copies thereof to 
Congress.
    (2) If the Secretary finds--
          (A) as a result of the study required under paragraph 
        (1)(A) of this subsection, that the North Pacific fur 
        seal herds are below their optimum sustainable 
        population and are not trending upward toward such 
        level, or have reached their optimum sustainable 
        population but are commencing a downward trend, and 
        believes the herds to be in danger of depletion; or
          (B) as a result of the study required under paragraph 
        (1)(B) of this subsection, that modifications of the 
        Convention are desirable to make it and this Act 
        consistent;
he shall, through the Secretary of State, immediately initiate 
negotiations to modify the Convention so as to (i) reduce or 
halt the taking of seals to the extent required to assure that 
such herds attain and remain at their optimum sustainable 
population, or (ii) make the Convention and this Act 
consistent; or both, as the case may be. If negotiations to so 
modify the Convention are unsuccessful, the Secretary shall, 
through the Secretary of State, take such steps as may be 
necessary to continue the existing Convention beyond its 
present termination date so as to continue to protect and 
conserve the North Pacific fur seals and to prevent a return to 
pelagic sealing.
    (c) \66\ The Secretary shall include a description of the 
annual results of discussions initiated and conducted pursuant 
to subsection (a)(2)(B), as well as any proposals for further 
action to achieve the purposes of that subsection, in the 
report required under section 103(f) of this title.
---------------------------------------------------------------------------
    \66\ Sec. 4(c) of Public Law 100-711 (102 Stat. 4767) added subsec. 
(c).
---------------------------------------------------------------------------
          * * * * * * *

             application to other treaties and conventions

    Sec. 113.\67\ (a) The provisions of this title shall be 
deemed to be in addition to and not in contravention of the 
provisions of any existing international treaty, convention, or 
agreement, or any statute implementing the same, which may 
otherwise apply to the taking of marine mammals. Upon a finding 
by the Secretary that the provisions of any international 
treaty, convention, or agreement, or any statute implementing 
the same has been made applicable to persons subject to the 
provisions of this title in order to effect essential 
compliance with the regulatory provisions of this chapter so as 
to reduce to the lowest practicable level the taking of marine 
mammals incidental to commercial fishing operations, section 
105 of this title may not apply to such persons.
---------------------------------------------------------------------------
    \67\ 16 U.S.C. 1383. Sec. 7(b) of Public Law 103-238 (108 Stat. 
542) added subsec. designation ``(a)'', and added new subsecs. (b), 
(c), and (d).
---------------------------------------------------------------------------
    (b) Not later than 1 year after April 30, 1994, the 
Secretary of the Interior shall, in consultation with the 
contracting parties, initiate a review of the effectiveness of 
the Agreement on the Conservation of Polar Bears, as provided 
for in Article IX of the Agreement, and establish a process by 
which future reviews shall be conducted.
    (c) The Secretary of the Interior, in consultation with the 
Secretary of State and the Marine Mammal Commission, shall 
review the effectiveness of United States implementation of the 
Agreement on the Conservation of Polar Bears, particularly with 
respect to the habitat protection mandates contained in Article 
II. The Secretary shall report the results of this review to 
the Committee on Merchant Marine and Fisheries of the House of 
Representatives \68\ and the Committee on Commerce, Science, 
and Transportation of the Senate not later than April 1, 1995.
---------------------------------------------------------------------------
    \68\ H. Res. 6, 104th Cong., January 4, 1995 abolished the House 
Committee on Merchant Marine and Fisheries and gave its jurisdiction to 
the Committee on Transportation and Infrastructure, Committee on 
National Security, and Committee on Resources.
    Subsequently, sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) 
provided that references to the Committee on Merchant Marine and 
Fisheries of the House of Representatives shall be treated as referring 
to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

    (d) Not later than 6 months after April 30, 1994, the 
Secretary of the Interior, acting through the Secretary of 
State and in consultation with the Marine Mammal Commission and 
the State of Alaska, shall consult with the appropriate 
officials of the Russian Federation on the development and 
implementation of enhanced cooperative research and management 
programs for the conservation of polar bears in Alaska and 
Russia. The Secretary shall report the results of this 
consultation and provide periodic progress reports on the 
research and management programs to the Committee on Merchant 
Marine and Fisheries of the House of Representatives \68\ and 
the Committee on Commerce, Science and Transportation of the 
Senate.
          * * * * * * *

                   TITLE II--MARINE MAMMAL COMMISSION

                      establishment of commission

    Sec. 201.\69\ (a) There is hereby established the Marine 
Mammal Commission (hereafter referred to in this title as the 
``Commission'').
---------------------------------------------------------------------------
    \69\ 16 U.S.C. 1401.
---------------------------------------------------------------------------
    (b)(1) Effective September 1, 1982, the Commission shall be 
composed of three members who shall be appointed by the 
President, by and with the advice and consent of the 
Senate.\70\ The President shall make his selection from a list 
of individuals knowledgeable in the fields of marine ecology 
and resource management, and who are not in a position to 
profit from the taking of marine mammals. Such list shall be 
submitted to him by the Chairman of the Council on 
Environmental Quality and unanimously agreed to by that 
Chairman, the Secretary of the Smithsonian Institution, the 
Director of the National Science Foundation and the Chairman of 
the National Academy of Sciences.\71\ No member of the 
Commission may, during his period of service on the Commission, 
hold any other position as an officer or employee of the United 
States except as a retired officer or retired civilian employee 
of the United States.
---------------------------------------------------------------------------
    \70\ Sec. 202 of Public Law 97-389 (96 Stat. 1961) amended and 
restated this sentence.
    \71\ Sec. 103(a) of Public Law 98-364 (98 Stat. 441) struck out the 
second sentence in para. (1) and inserted in lieu thereof text to this 
point beginning with ``The President shall make * * *''. The struck out 
sentence read as follows: ``The President shall make his selection from 
a list, submitted to him by the Chairman of the Council on 
Environmental Quality, the Secretary of the Smithsonian Institution, 
the Director of the National Science Foundation, and the Chairman of 
the National Academy of Sciences, of individuals knowledgeable in the 
fields of marine ecology and resource management, and who are not in a 
position to profit from the taking of marine mammals.''.
---------------------------------------------------------------------------
    (2) The term of office for each member shall be three 
years; except that of the members initially appointed to the 
Commission, the term of one member shall be for one year, the 
term of one member shall be for two years, and the term of one 
member shall be for three years. No member is eligible for 
reappointment; except that any member appointed to fill a 
vacancy occurring before the expiration of the term for which 
his predecessor was appointed (A) shall be appointed for the 
remainder of such term, and (B) is eligible for reappointment 
for one full term. A member may serve after the expiration of 
this term until his successor has taken office.
    (c) The President shall designate a Chairman of the 
Commission (hereafter referred to in this title as the 
``Chairman'') from among its members.
    (d) Members of the Commission shall each be compensated at 
a rate equal to the daily equivalent of the rate for GS-18 of 
the General Schedule under section 5332 of title 5, United 
States Code, for each day such member is engaged in the actual 
performance of duties vested in the Commission. Each member 
shall be reimbursed for travel expenses, including per diem in 
lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for persons in Government service employed 
intermittently.
    (e) The Commission shall have an Executive Director, who 
shall be appointed (without regard to the provisions of title 
5, United States Code, governing appointments in the 
competitive service) by the Chairman with the approval of the 
Commission and shall be paid at a rate not in excess of the 
rate for GS-18 of the General Schedule under section 5332 of 
title 5, United States Code. The Executive Director Shall have 
such duties as the Chairman may assign.

                          duties of commission

    Sec. 202.\72\ (a) The Commission shall--
---------------------------------------------------------------------------
    \72\ 16 U.S.C. 1402.
---------------------------------------------------------------------------
          (1) undertake a review and study of the activities of 
        the United States pursuant to existing laws and 
        international conventions relating to marine mammals, 
        including, but not limited to, the International 
        Convention for the Regulation of Whaling, the Whaling 
        Convention Act of 1949, the Interim Convention on the 
        Conservation of North Pacific Fur Seals, and the Fur 
        Seal Act of 1966; \73\
---------------------------------------------------------------------------
    \73\ 80 Stat. 1091; 16 U.S.C. 1151 note.
---------------------------------------------------------------------------
          (2) conduct a continuing review of the condition of 
        the stocks of marine mammals of methods for their 
        protection and conservation, or humane means of taking 
        marine mammals, of research programs conducted or 
        proposed to be conducted under the authority of this 
        Act, and of all applications for permits for scientific 
        research, public display, or enhancing the survival or 
        recovery of a species or stock; \74\
---------------------------------------------------------------------------
    \74\ Sec. 5(e)(4) of Public Law 100-711 (102 Stat. 4771) inserted 
``, public display, or enhancing the survival or recovery of a species 
or stock''.
---------------------------------------------------------------------------
          (3) undertake or cause to be undertaken such other 
        studies as it deems necessary or desirable in 
        connection with its assigned duties as to the 
        protection and conservation of marine mammals;
          (4) recommend to the Secretary and to other Federal 
        officials such steps as it deems necessary or desirable 
        for the protection and conservation of marine mammals.
          (5) recommend to the Secretary of State appropriate 
        policies regarding existing international arrangements 
        for the protection and conservation of marine mammals, 
        and suggest appropriate international arrangements for 
        the protection and conservation of marine mammals;
          (6) recommend to the Secretary such revisions of the 
        endangered species list and threatened species list 
        published pursuant to section 1533(c)(1) of this title 
        as may be appropriate with regard to marine mammals; 
        and
          (7) recommend to the Secretary, other appropriate 
        Federal officials, and Congress such additional 
        measures as it deems necessary or desirable to further 
        the policies of this Act, including provisions for the 
        protection of the Indians, Eskimos, and Aleuts whose 
        livelihood may be adversely affected by actions taken 
        pursuant to this Act.
    (b) The Commission shall consult with the Secretary at such 
intervals as it or he may deem desirable, and shall provide 
each annual report required under section 204, before 
submission to Congress, to the Secretary for comment.\75\
---------------------------------------------------------------------------
    \75\ Sec. 6(1) of Public Law 97-58 (95 Stat. 987) struck out a 
general reference to reports and recommendations of the Commission and 
inserted in lieu thereof the reference to the report required under 
sec. 204.
---------------------------------------------------------------------------
    (c) The reports and recommendations which the Commission 
makes shall be matters of public record and shall be available 
to the public at all reasonable times. All other activities of 
the Commission shall be matters of public record and available 
to the public in accordance with the provisions of section 552 
of title 5, United States Code.
    (d) Any recommendations made by the Commission to the 
Secretary and other Federal officials shall be responded to by 
those individuals within one hundred and twenty days after 
receipt thereof. Any recommendations which are not followed or 
adopted shall be referred to the Commission together with a 
detailed explanation of the reasons why those recommendations 
were not followed or adopted.
          * * * * * * *

                           commission reports

    Sec. 204.\76\ The Commission shall transmit to Congress, by 
January 31 of each year, a report which shall include--
---------------------------------------------------------------------------
    \76\ 16 U.S.C. 1404.
---------------------------------------------------------------------------
          (1) a description of the activities and 
        accomplishments of the Commission during the 
        immediately preceding year; and
          (2) all the findings and recommendations made by and 
        to the Commission pursuant to section 202 of this Act 
        together with the responses made to these 
        recommendations.
          * * * * * * *

                    authorization of appropriations

    Sec. 207.\77\ There are authorized to be appropriated to 
the Marine Mammal Commission, for purposes of carrying out this 
title, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal 
year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for 
fiscal year 1997, $1,700,000 for fiscal year 1998, and 
$1,750,000 for fiscal year 1999.
---------------------------------------------------------------------------
    \77\ Sec. 3 of Public Law 95-136 (91 Stat. 1167) amended and 
restated sec. 207. Subsequently, sec. 207 was amended by sec. 4 of 
Public Law 95-316 (92 Stat. 381), and further amended and restated by 
sec. 9(b) of Public Law 103-238 (108 Stat. 543).
---------------------------------------------------------------------------

       TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \78\

          * * * * * * *
---------------------------------------------------------------------------
    \78\ Sec. 2(a) of the International Dolphin Conservation Act of 
1992 (Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of 
Public Law 105-42 (111 Stat. 1129) amended the heading of title III, 
which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT 
CERTAIN TUNA HARVESTING PRACTICES''.
    The text of title III can be found on page 236 of this volume.
         18. Fishermen's Protective Act of 1967, as amended \1\

Public Law 83-680 [H.R. 9584], 68 Stat. 883, approved August 27, 1954; 
   as amended by Public Law 90-482 [S. 2261], 82 Stat. 729, approved 
August 12, 1968; Public Law 92-219 [H.R. 3304], 85 Stat. 286, approved 
    December 23, 1971; Public Law 92-569 [H.R. 7117], 86 Stat. 182, 
approved October 26, 1972; Public Law 92-594 [S. 3545], 86 Stat. 1313, 
approved October 27, 1972; Public Law 94-265 [Fishery Conservation and 
Management Act of 1976; H.R. 200], 90 Stat. 331 at 360, approved April 
 13, 1976; Public Law 94-273 [Fiscal Year Adjustment Act; S. 2445], 90 
Stat. 375 at 377, approved April 21, 1976; Public Law 95-194 [S. 1184], 
  91 Stat. 1413, approved November 18, 1977; Public Law 95-376 [H.R. 
 10878], 92 Stat. 714, approved September 18, 1978; Public Law 95-541 
    [Antarctic Conservation Act of 1978; H.R. 7749], 92 Stat. 2048, 
  approved October 28, 1978; Public Law 96-61 [S. 917], 96 Stat. 407, 
approved August 15, 1979; Public Law 96-289 [H.R. 6614], 94 Stat. 605, 
approved June 28, 1980; Public Law 96-561 [American Fisheries Promotion 
   Act; S. 2163], 94 Stat. 3275 at 3301, approved December 22, 1980; 
 Public Law 97-68 [S. 1191], 95 Stat. 1040, approved October 26, 1981; 
 Public Law 98-364 [H.R. 4997], 98 Stat. 440 at 444, approved July 17, 
1984; Public Law 99-659 [S. 991], 100 Stat. 3706; approved November 14, 
1986; Public Law 100-151 [H.R. 2893], 101 Stat. 884, approved November 
 3, 1987; Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June 
27, 1988; Public Law 100-711 [Mammal Protection Act Amendments of 1988; 
H.R. 4189], 102 Stat. 4755 at 4772, approved November 23, 1988; Public 
 Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 
 Stat. 4436, approved November 28, 1990; Public Law 102-582 [High Seas 
    Driftnet Fisheries Enforcement Act; H.R. 2152], 106 Stat. 4900, 
 approved November 2, 1992; Public Law 104-43 [Fisheries Act of 1995; 
H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
      Stat. 3009, approved September 30, 1996; Public Law 106-36 
[Miscellaneous Trade and Technical Corrections Act of 1999; H.R. 435], 
113 Stat. 127, approved June 25, 1999; Public Law 106-450 [Fishermen's 
Protective Act Amendments of 2000; H.R. 1651], 114 Stat. 1941, approved 
 November 7, 2000; Public Law 107-228 [Foreign Relations Authorization 
 Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 
 30, 2002; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved 
                             April 13, 2004

  AN ACT To protect the rights of vessels of the United States on the 
       high seas and in territorial waters of foreign countries.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That for 
the purposes of this Act \2\ the term ``vessel of the United 
States'' shall mean any private vessel documented or 
certificated under the laws of the United States. 
Notwithstanding any other law, the documentation or 
certification of any such vessel shall not be considered to be 
affected, for the purposes of this Act, in any manner or to any 
extent if at any time during any voyage for the purpose of 
fishing beyond the fishery conservation zone (as defined in 
section 3(8) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802(8)),\3\ the vessel is commanded 
by other than a citizen of the United States.\4\
---------------------------------------------------------------------------
    \1\ Public Law 90-482 (92 Stat. 729) provided that this Act may be 
cited as the ``Fishermen's Protective Act of 1967''.
    \2\ 22 U.S.C. 1971.
    \3\ Now the ``exclusive economic zone''. For definition, see sec. 
3(6) of the Magnuson-Stevens Fishery Conservation and Management Act. 
See also Presidential Proclamation No. 5030 (48 F.R. 10605).
    Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    \4\ Sec. 14 of Public Law 95-541 (92 Stat. 2057) added this 
sentence.
---------------------------------------------------------------------------
    Sec. 2.\5\ If--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 1972. Sec. 403(a) of the Magnuson Fishery 
Conservation and Management Act of 1976 (Public Law 94-265; 90 Stat. 
360) amended and restated sec. 2. The amendments made by Sec. 403 
became effective on March 1, 1977. Sec. 2 formerly read as follows:
    ``Sec. 2. In any case where--
    ``(a) a vessel of the United States is seized by a foreign country 
on the basis of rights or claims in territorial waters or the high seas 
which are not recognized by the United States; and
    ``(b) there is no dispute of material facts with respect to the 
location or activity of such vessel at the time of such seizure, the 
Secretary of State shall as soon as practicable take such action as he 
deems appropriate to attend to the welfare of such vessel and its crew 
while it is held by such country to secure the release of such vessel 
and crew, and to immediately ascertain the amount of any fine, fee, or 
other direct charge which may be reimbursable under section 3(a).''.
---------------------------------------------------------------------------
          (1) \6\ any vessel of the United States is seized by 
        a foreign country on the basis of claims to 
        jurisdiction that are not recognized by the United 
        States, or on the basis of claims to jurisdiction 
        recognized by the United States but exercised in a 
        manner inconsistent with international law as 
        recognized by the United States;
---------------------------------------------------------------------------
    \6\ Sec. 303(a)(1) of Public Law 98-364 (98 Stat. 444) amended and 
restated para. (1), which formerly read as follows:
    ``(1) any vessel of the United States is seized by a foreign 
country on the basis of claims by territorial waters or the high seas 
which are not recognized by the United States; or''.
    Sec. 303(c) of Public law 98-364 further stated that this amendment 
would apply with respect to seizures made after April 1, 1983, by 
foreign countries of vessels of the United States.
---------------------------------------------------------------------------
          (2) any general claim of any foreign country to 
        exclusive fishery management authority is recognized by 
        the United States, and any vessel of the United States 
        is seized by such foreign country on the basis of 
        conditions and restrictions under such claim, if such 
        conditions and restrictions--
                  (A) are unrelated to fishery conservation and 
                management,
                  (B) fail to consider and take into account 
                traditional fishing practices of vessels of the 
                United States,
                  (C) are greater or more onerous than the 
                conditions and restrictions which the United 
                States applies to foreign fishing vessels 
                subject to the exclusive fishery management 
                authority of the United States (as established 
                in title I of the Magnuson-Stevens Fishery 
                Conservation and Management Act),\7\ or
---------------------------------------------------------------------------
    \7\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
                  (D) fail to allow fishing vessels of the 
                United States equitable access to fish subject 
                to such country's exclusive fishery management 
                authority;
the Secretary of State, unless there is clear and convincing 
credible evidence that the seizure did not meet the 
requirements under paragraph (1) or (2), as the case may be, 
shall immediately take such steps as are necessary--\8\
---------------------------------------------------------------------------
    \8\ Sec. 303(a)(2) of Public Law 98-364 (98 Stat. 444) struck out 
``and there is no dispute as to the material facts with respect to the 
location or activity of such vessel at the time of such seizure, the 
Secretary of State shall immediately take such steps as are necessary--
'' and inserted in lieu thereof the text to this point after ``(D)''.
    Sec. 303(c) of Public Law 98-364 further stated that this amendment 
would apply with respect to seizures made after April 1, 1983, by 
foreign countries of vessels of the United States.
---------------------------------------------------------------------------
                  (i) for the protection of such vessel and for 
                the health and welfare of its crew;
                  (ii) to secure the release of such vessel and 
                its crew; and
                  (iii) to determine the amount of any fine, 
                license fee, registration fee, or other direct 
                charge reimbursable under section 3(a) of this 
                Act.
    Sec. 3.\9\ (a) In any case where a vessel of the United 
States is seized by a foreign country under the conditions of 
section 2 and a fine, license fee, registration fee, or any 
other direct charge \9\ must be paid in order to secure the 
prompt release of the vessel and crew, the owners of the vessel 
shall be reimbursed by the Secretary of State in the amount 
certified by him \10\ as being the amount of the fine, license 
fee, registration fee, or any other direct charge actually 
paid. For purposes of this section, the term ``other direct 
charge'' means any levy, however characterized or computed 
(including, but not limited to, any computation based on the 
value of a vessel or the value of fish or other property on 
board a vessel), which is imposed in addition to any fine, 
license fee, or registration fee.\11\ Any reimbursement under 
this section shall be made from the Fishermen's Protective Fund 
established pursuant to section 9.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 1973. Public Law 90-482 (92 Stat. 729) inserted 
``license fee, registration fee, or any other direct charge.'' Public 
Law 92-569 (100 Stat. 3706) redesignated sec. 3 as sec. 3(a), added the 
last sentence, and added a new subsec. (b).
    Public Law 92-569 also provided:
    ``Sec. 6. The amendment made by this Act shall apply with respect 
to seizures of vessels of the United States occurring on or after the 
date of the enactment of this Act; except that reimbursements under 
section 3 of the Fishermen's Protective Act of 1967 (as in effect 
before such date of enactment) may be made from the fund established by 
the amendment made by section 5 of this Act with respect to any seizure 
of a vessel occurring before such date of enactment and after December 
31, 1970, if no reimbursement was made before such date of 
enactment.''.
    \10\ Sec. 302(a)(1) of Public Law 98-364 (98 Stat. 444) struck out 
``Secretary of the Treasury in the amount certified to him by the 
Secretary of State'' and inserted in lieu thereof ``Secretary of State 
in the amount certified by him''.
    \11\ Sec. 403(a)(2) of the Magnuson Fishery Conservation and 
Management Act of 1976 (Public Law 94-265; 90 Stat. 360) added this 
sentence. This amendment applies to seizures of vessels of the United 
States occurring on or after December 31, 1974.
---------------------------------------------------------------------------
    (b) \9\ The Secretary of State shall make a determination 
and \12\ certification under subsection (a) of this section as 
soon as possible after he is notified pursuant to section 2(b) 
of the amounts of the fines, fees, and other direct charges 
which were paid by the owners to secure the release of their 
vessel and crew. The amount of reimbursement made by the 
Secretary of State \12\ to the owners of any vessel under 
subsection (a) of this section shall constitute a lien on the 
vessel which may be recovered in proceedings by libel in rem in 
the district court of the United States for any district within 
which the vessel may be. Any such lien shall terminate on the 
ninetieth day after the date on which the Secretary of State 
\12\ reimburses the owners under this section unless before 
such ninetieth day the United States initiates action to 
enforce the lien.
---------------------------------------------------------------------------
    \12\ Sec. 302(a)(2) of Public Law 98-364 (98 Stat. 444) inserted 
``determination and'', and struck out ``Secretary of the Treasury'' and 
inserted in lieu thereof ``Secretary of State''.
---------------------------------------------------------------------------
    Sec. 4.\13\ The provisions of this Act shall not apply with 
respect to a seizure made by a country at war with the United 
States or a seizure made in accordance with the provisions of 
any applicable convention or treaty, if that treaty or 
convention was made with advice and consent to the Senate and 
was in force and effect for the United States and the seizing 
country at the time of the seizure.\14\
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 1974.
    \14\ Sec. 303(b) of Public Law 98-364 (98 Stat. 444) struck out 
``any fishery convention or treaty to which the United States is a 
party.'' and inserted in lieu thereof ``any applicable convention or 
treaty, if that treaty or convention was made with advice and consent 
to the Senate and was in force and effect for the United States and the 
seizing country at the time of the seizure.''. Sec. 303(c) of Public 
Law 98-364 further stated that this amendment would apply with respect 
to seizures made after April 1, 1983, by foreign countries of vessels 
of the United States.
---------------------------------------------------------------------------
    Sec. 5.\15\ (a) The Secretary of State shall--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 1975. Public Law 92-569 amended and restated sec. 5. 
Previously, sec. 5 read as follows:
    ``The Secretary of State shall take such action as he may deem 
appropriate to make and collect claims against a foreign country for 
amounts expended by the United States under the provisions of this Act 
(including payments made pursuant to section 7) because of the seizure 
of a vessel of the United States by such country. If such country fails 
or refuses to make payment in full within one hundred and twenty days 
after receiving notice of any such claim of the United States, the 
Secretary of State shall withhold, pending such payment, an amount 
equal to such unpaid claim from any funds programed for the current 
fiscal year for assistance to the government of such country (as shown 
in materials concerning such fiscal year presented to the Congress in 
connection with its consideration of amendments to the Foreign 
Assistance Act of 1961). Amounts withheld under this section shall not 
constitute satisfaction of any such claim of the United States against 
each foreign country.''.
    Public Law 92-569 (86 Stat. 182) also provided:
    ``Sec. 6. The amendment made by this Act shall apply with respect 
to seizures of vessels of the United States occurring on or after the 
date of the enactment of this Act; except that reimbursements under 
section 3 of the Fishermen's Protective Act of 1967 (as in effect 
before such date of enactment) may be made from the fund established by 
the amendment made by section 5 of this Act with respect to any seizure 
of a vessel occurring before such date of enactment and after December 
31, 1970, if no reimbursement was made before such date of 
enactment.''.
    Previously, Public Law 90-482 (82 Stat. 729) amended and restated 
sec. 5.
---------------------------------------------------------------------------
          (1) immediately notify a foreign country of--
                  (A) any reimbursement made by him \16\ under 
                section 3 as a result of the seizure of a 
                vessel of the United States by such country;
---------------------------------------------------------------------------
    \16\ Sec. 302(b) of Public Law 98-364 (98 Stat. 444) struck out 
``Secretary of the Treasury'' and inserted in lieu thereof ``him''.
---------------------------------------------------------------------------
                  (B) any payment made pursuant to section 7 in 
                connection with such seizure, and
          (2) take such action as he deems appropriate to make 
        and collect claims against such foreign country for the 
        amounts so reimbursed and payments so made.
    (b) If a foreign country fails or refuses to make payment 
in full on any claim made under subsection (a)(2) of this 
section within one hundred and twenty days after the date on 
which such country is notified pursuant to subsection (a)(1) of 
this section, the Secretary of State shall transfer an amount 
equal to such unpaid claim or unpaid portion thereof from any 
funds appropriated by Congress and programed for the current 
fiscal year for assistance to the government of such country 
under the Foreign Assistance Act of 1961 unless the President 
\17\ certifies to the Congress that it is in the national 
interest not to do so in the particular instance (and if such 
funds are insufficient to cover such claim, transfer shall be 
made from any funds so appropriated and programed for the next 
and any succeeding fiscal year) to (1) the Fishermen's 
Protective Fund established pursuant to section 9 if the amount 
is transferred with respect to an unpaid claim for a 
reimbursement made under section 3, or (2) the separate account 
established in the Treasury of the United States pursuant to 
section 7(c) if the amount is transferred with respect to an 
unpaid claim for a payment made under section 7(a). Amounts 
transferred under this section shall not constitute 
satisfaction of any such claim of the United States against 
such foreign country.
---------------------------------------------------------------------------
    \17\ Executive Order 11772 (March 21, 1974; 39 F.R. 10879) provided 
the following:
---------------------------------------------------------------------------

``Delegating Certain Authority of the President to the Secretary of State
---------------------------------------------------------------------------

    ``By virtue of the authority vested in me by the Fishermen's 
Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and 
Section 301 of Title 3 of the United States Code, and as President of 
the United States of America, the Secretary of State is hereby 
designated and empowered to exercise, without ratification, or other 
action of the President, the function conferred upon the President by 
Section 5(b) of the Fishermen's Protective Act of 1967, as amended, of 
certifying to the Congress that it is in the national interest not to 
transfer to the Fishermen's Protective Fund or to the separate account 
established under the Act, pursuant to that Section, amounts 
appropriated by the Congress and programmed for assistance under the 
Foreign Assistance Act of 1961.''.
    Authority vested in the President in sec. 5(b), delegated to the 
Secretary of State by Executive Order 12772, was further delegated to 
the Under Secretary of State for Political Affairs by Delegation of 
Authority No. 193 (Public Notice 1555; 57 F.R. 2298; January 7, 1992), 
as amended by Delegation of Authority No. 193-1 (Public Notice 1576; 57 
F.R. 6635; February 5, 1992).
---------------------------------------------------------------------------
    Sec. 6.\18\ There are authorized to be appropriated such 
amounts as may be necessary to carry out the provisions of this 
Act.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1976.
---------------------------------------------------------------------------
    Sec. 7.\19\ (a) The Secretary, upon receipt of an 
application filed with him at any time after the effective date 
of this section by the owner of any vessel of the United States 
which is documented or certificated as a commercial fishing 
vessel, shall enter into an agreement with such owner subject 
to the provisions of this section and such other terms and 
conditions as the Secretary deems appropriate. Such agreement 
shall provide that, if said vessel is seized by a foreign 
country and detained under the conditions of section 2 of this 
Act, the Secretary shall guarantee--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 1977. Public Law 90-482 (82 Stat. 729) added sec. 7.
    Sec. 5502 of Public Law 102-587 (106 Stat. 5085) provided the 
following:
---------------------------------------------------------------------------

``sec. 5502. treatment of certain seized fishing vessels under fishermen's 
protective act of 1967.
---------------------------------------------------------------------------

    ``(a) Notwithstanding another law, each of the vessels described in 
subsection (b) of this section is deemed to have been covered by an 
agreement, beginning August 13, 1992, and ending September 29, 1992, 
with the Secretary of State under section 7 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1977).
    ``(b) The vessels referred to in subsection (a) are the following:
---------------------------------------------------------------------------

  ``(1) THE KANAOLA (United States official number 923848).

  ``(2) THE MANA LOA (United States official number 919649).

  ``(3) THE MANA OLA (United States official number 902605).

  ``(4) THE MANA IKI (United States official number 906800).''.

          (1) the owner of such vessel for all actual costs, 
        except those covered by section 3 of this Act, incurred 
        by the owner during the seizure and detention period 
        and as a direct result thereof, as determined by the 
        Secretary, resulting (A) from any damage to, or 
        destruction of, such vessel, or its fishing gear or 
        other equipment, (B) from the loss of confiscation of 
        such vessel, gear, or equipment, or (C) from dockage 
        fees or utilities;
          (2) the owner of such vessel and its crew for the 
        market value of fish caught before seizure of such 
        vessel and confiscated or spoiled during the period of 
        detention; and
          (3) the owner of such vessel and its crew for not to 
        exceed 50 per centum of the gross income lost as a 
        direct result of such seizure and detention, as 
        determined by the Secretary of State,\20\ based on the 
        value of the average catch per day's fishing during the 
        three most recent calendar years immediately preceding 
        such seizure and detention of the vessel seized, or, if 
        such experience is not available, then of all 
        commercial fishing vessels of the United States engaged 
        in the same fishery as that of the type and size of the 
        seized vessel.
---------------------------------------------------------------------------
    \20\ Sec. 209 of Public Law 107-228 (116 Stat. 1364) struck out 
``Secretary of Commerce'' and inserted in lieu thereof ``Secretary of 
State''. Previously, sec. 102(b) of Public Law 106-450 (114 Stat. 1941) 
struck out ``Secretary of the Interior'' and inserted in lieu thereof 
``Secretary of Commerce''.
---------------------------------------------------------------------------
    (b) Payments made by the Secretary under paragraphs (2) and 
(3) of subsection (a) of this section shall be distributed by 
the Secretary in accordance with the usual practices and 
procedures of the particular segment of the United States 
commercial fishing industry to which the seized vessel belongs 
relative to the sale of fish caught and the distribution of the 
proceeds of such sale.
    (c) The Secretary shall from time to time establish by 
regulation fees which shall be paid by the owners of vessels 
entering into agreements under this section. Such fees shall be 
adequate (1) to recover the costs of administering this 
section, and (2) to cover a reasonable portion of any payments 
made by the Secretary under this section.\21\ All fees 
collected by the Secretary shall be credited to a separate 
account established in the Treasury of the United States which 
shall remain available without fiscal year limitation to carry 
out the provisions of this section. Those fees not currently 
needed for payments under this section shall be kept on deposit 
or invested in obligations of, or guaranteed by, the United 
States and all revenues accruing from such deposits or 
investments shall be credited to such separate account.\22\ If 
a transfer of funds is made to the separate account under 
section 5(b)(2) with respect to an unpaid claim and such claim 
is later paid, the amount so paid shall be covered into the 
Treasury as miscellaneous receipts.\23\ All payments under this 
section shall be made first out of such fees so long as they 
are available, and thereafter out of funds which are hereby 
authorized to be appropriated to such account to carry out the 
provisions of this section.
---------------------------------------------------------------------------
    \21\ Sec. 403(a) of Public Law 104-43 (109 Stat. 390) struck out a 
sentence which previously appeared at this point and read: ``The amount 
fixed by the Secretary shall be predicated upon at least 33\1/3\ per 
centum of the contribution by the Government.''.
    \22\ Sec. 1 of Public Law 97-68 (95 Stat. 1040) added this 
sentence.
    \23\ Sec. 4 of Public Law 92-569 (86 Stat. 1183) added this 
sentence.
    Public Law 92-569 (October 26, 1972) also provided:
    ``Sec. 6. The amendment made by this Act shall apply with respect 
to seizures of vessels of the United States occurring on or after the 
date of the enactment of this Act; except that reimbursements under 
section 3 of the Fishermen's Protective Act of 1967 (as in effect 
before such date of enactment) may be made from the fund established by 
the amendment made by section 5 of this Act with respect to any seizure 
of a vessel occurring before such date of enactment and after December 
31, 1970, if no reimbursement was made before such date of 
enactment.''.
---------------------------------------------------------------------------
    (d) All determinations made under this section shall be 
final. No payment under this section shall be made with respect 
to any losses covered by any policy of insurance or other 
provision of law.
    (e) \24\ The provisions of this section shall be effective 
until October 1, 2008; except that payments may be made under 
this section only to such extent and in such amounts as are 
provided in advance in appropriation Acts.
---------------------------------------------------------------------------
    \24\ Sec. 1 of Public Law 95-376 (92 Stat. 714) extended the date 
from October 1, 1977, to October 1, 1981, and added the text beginning 
with ``except that * * *''. The date was further extended to October 1, 
1984, by sec. 1(2) of Public Law 97-68 (95 Stat. 1040); to October 1, 
1987, by sec. 301 of Public Law 98-364 (98 Stat. 444); to October 1, 
1988, by sec. 2 of Public Law 100-151 (101 Stat. 884); to October 1, 
1989, by sec. 2 of Public Law 100-350 (102 Stat. 660); to October 1, 
1993 by sec. 301 of Public Law 101-627 (104 Stat. 4462); to October 1, 
2000, by sec. 403(b) of Public Law 104-43 (109 Stat. 390); to October 
1, 2003, by sec. 102(a) of Public Law 106-450 (114 Stat. 1941); and to 
October 1, 2008 by sec. 302 of Public Law 108-219 (118 Stat. 616).
---------------------------------------------------------------------------
    (f) For the purposes of this section--
          (1) the term ``Secretary'' means the Secretary of 
        State.\25\
---------------------------------------------------------------------------
    \25\ Sec. 408 of Public Law 99-659 (100 Stat. 3740) struck out 
``Secretary of Commerce'' and inserted in lieu thereof ``Secretary of 
State''. Previously, Public Law 92-594 (86 Stat. 1313) struck out 
``Secretary of the Interior'' and inserted in lieu thereof ``Secretary 
of Commerce''.
---------------------------------------------------------------------------
          (2) the term ``owner'' includes any charterer of a 
        commercial fishing vessel.
    Sec. 8.\26\ (a)(1) \27\ When the Secretary of Commerce 
determines that nationals of a foreign country, directly or 
indirectly, are conducting fishing operations in a manner or 
under circumstances which diminish the effectiveness of an 
international fishery conservation program, the Secretary of 
Commerce shall certify such fact to the President.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 1978.  Public Law 92-219 added sec. 8. Popularly 
referred to as the ``Pelly Amendment''.
    \27\ Sec. 2(1) of Public Law 95-376 (92 Stat. 714) added the 
paragraph designation ``(1)'', struck out the last sentence of subsec. 
(a), and added new paras. (2) and (3).  Subsequently, sec. 3(6) of 
Public Law 96-61 (93 Stat. 408) redesignated para. (3) as para. (4).
---------------------------------------------------------------------------
    (2) \27\ When the Secretary of Commerce or the Secretary of 
the Interior finds that nationals of a foreign country, 
directly or indirectly, are engaging in trade or taking which 
diminishes the effectiveness of any international program for 
endangered or threatened species, the Secretary making such 
finding shall certify such fact to the President.
    (3) \28\ in administering this subsection, the Secretary of 
Commerce or the Secretary of the Interior, as appropriate, 
shall--
---------------------------------------------------------------------------
    \28\ Sec. 3(b) of Public Law 96-61 (93 Stat. 408) added para. (3).
---------------------------------------------------------------------------
          (A) periodically monitor the activities of foreign 
        nationals that may affect the international programs 
        referred to in paragraphs (1) and (2);
          (B) promptly investigate any activity by foreign 
        nationals that, in the opinion of the Secretary, may be 
        cause for certification under paragraph (1) or (2); and
          (C) Promptly conclude; and reach a decision with 
        respect to; any investigation commenced under 
        subparagraph (B).
    (4) \27\, \29\ Upon receipt of any certification 
made under paragraph (1) or (2), the President may direct the 
Secretary of the Treasury to prohibit the bringing or the 
importation into the United States of any products from the 
offending country for any duration \30\ as the President 
determines appropriate and to the extent that such prohibition 
is sanctioned by the World Trade Organization (as defined in 
section 2(8) of the Uruguay Round Agreements Act) or the 
multilateral trade agreements (as defined in section 2(4) of 
that Act).\31\
---------------------------------------------------------------------------
    \29\ The President issued a memorandum for the Secretary of the 
Treasury on August 2, 1994 (59 F.R. 40463), which stated:
    ``Pursuant to the authority vested in me by the Constitution and 
under section 8(a)(4) of the Fishermen's Protective Act of 1967, as 
amended (22 U.S.C. 1978(a)(4)), I decided on April 11, 1994, to 
prohibit the bringing or importation into the United States of fish and 
wildlife products of Taiwan. I hereby direct you, in consultation with 
the Secretary of the Interior, to prohibit the importation of fish or 
wildlife, as defined in 16 U.S.C. 3371 and 50 CFR 10.12, and their 
parts and products, of Taiwan to which but for these prohibitions, the 
import declaration requirements in 50 CFR 14.61 would apply. These 
prohibitions do not apply to those articles described in 50 CFR 14.62, 
which are excepted from the import declaration requirements. The 
prohibited articles include but are not limited to: (a) reptile leather 
shoes, handbags, and other reptile leather articles and products; (b) 
jewelry made from coral, mussel shells, and bone; (c) edible frogs' 
legs; (d) live goldfish and tropical fish for the aquarium trade; and 
(e) bird feathers, down, and specimens. These import prohibitions shall 
apply to fish or wildlife and their parts and products as described 
above that are exported to the United States after 10 days from the 
date of the publication of this memorandum and shall remain in effect 
until such time as I determine.''.
    \30\ Sec. 201(a)(1) of Public Law 102-582 (106 Stat. 4904) struck 
out ``fish products (if the certification is made under paragraph (1)) 
or wildlife products (if the certification is made under paragraph (2)) 
from the offending country for such duration'' and inserted in lieu 
thereof ``any products from the offending country for any duration''.
    \31\ Sec. 1002(d) of Public Law 106-36 (113 Stat. 133) struck out 
``General Agreement on Tariffs and Trade'' and inserted in lieu thereof 
``World Trade Organization (as defined in section 2(8) of the Uruguay 
Round Agreements Act) or the multilateral trade agreements (as defined 
in section 2(4) of that Act)''.
---------------------------------------------------------------------------
    (b) Within sixty days following certification by the 
Secretary of Commerce, or the Secretary of the Interior,\32\ 
the President shall notify the Congress of any action taken by 
him pursuant to such certification. In the event the President 
fails to direct the Secretary of the Treasury to prohibit the 
importation of fish products or wildlife products \33\ of the 
offending country, or if such prohibition does not cover all 
fish products or wildlife products \33\ of the offending 
country, the President shall inform the Congress of the reasons 
therefore.
---------------------------------------------------------------------------
    \32\ Sec. 2(2)(A) of Public Law 95-376 (92 Stat. 714) added the 
reference to the Secretary of the Interior.
    \33\ Sec. 2 of Public Law 95-376 (92 Stat. 714) inserted ``or 
wildlife products''.
---------------------------------------------------------------------------
    (c) It shall be unlawful for any person subject to the 
jurisdiction of the United States knowingly to bring or import 
into, or cause to be imported into, the United States any 
products \34\ prohibited by the Secretary of the Treasury 
pursuant to this section.
---------------------------------------------------------------------------
    \34\ Sec. 201(a) of Public Law 102-582 (106 Stat. 4904) struck out 
``fish products or wildlife products'' and inserted in lieu thereof 
``products''. Previously, sec. 2 of Public Law 95-376 (92 Stat. 714) 
inserted ``or wildlife products''.
---------------------------------------------------------------------------
    (d) \35\ After making a certification to the President 
under subsection (a), the Secretary of Commerce or the 
Secretary of the Interior, as the case may be, shall 
periodically review the activities of the nationals of the 
offending country to determine if the reasons for which the 
certification was made no longer prevail. Upon determining that 
such reasons no longer prevail, the Secretary concerned shall 
terminate the certification and publish notice thereof, 
together with a statement of the facts on which such 
determination is based, in the Federal Register.
---------------------------------------------------------------------------
    \35\ Sec. 3(b) of Public Law 96-61 (93 Stat. 408) redesignated 
subsecs. (d) through (g) as subsecs. (e) through (h), respectively, and 
added a new subsec. (d).
---------------------------------------------------------------------------
    (e) \35\ (1) Any person violating the provisions of this 
section shall be fined not more than $10,000 for the first 
violation, and not more than $25,000 for each subsequent 
violation.
    (2) All products \34\ brought or imported into the United 
States in violation of this section, or the monetary value 
thereof, may be forfeited.
    (3) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
section, insofar as such provisions of law are applicable and 
not inconsistent with this section.
    (f) \35\ (1) Enforcement of the provisions of this section 
prohibiting the bringing or importation of products \34\ into 
the United States shall be the responsibility of the Secretary 
of the Treasury.
    (2) The judges of the United States district courts, and 
United Stats commissioners may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable 
cause, issue such warrants or other process as may be required 
for enforcement of this act and regulations issued thereunder.
    (3) Any person authorized to carry out enforcement 
activities hereunder shall have the power to execute any 
warrant or process issued by any officer or court of competent 
jurisdiction for the enforcement of this section.
    (4) Such person so authorized shall have the power--
          (A) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States committing in his presence or view a 
        violation of this section or the regulations issued 
        thereunder.
          (B) with or without a warrant or other process, to 
        search any vessel or other conveyance \36\ subject to 
        the jurisdiction of the United States, and, if as a 
        result of such search he has reasonable cause to 
        believe that such vessel or any person on board is 
        engaging in operations in violation of this section or 
        the regulations issued thereunder, then to arrest such 
        person.
---------------------------------------------------------------------------
    \36\ Sec. 2(5)(B) of Public Law 95-376 (92 Stat. 714) inserted ``or 
other conveyance''.
---------------------------------------------------------------------------
    (5) Such person so authorized, may seize, whenever and 
wherever lawfully found, all products \37\ brought or imported 
into the United States in violation of this section or the 
regulations issued thereunder. Products \38\ so seized may be 
disposed of pursuant to the order of a court of competent 
jurisdiction, or, if perishable, in a manner prescribed by 
regulations promulgated by the Secretary of the Treasury after 
consultation with the Secretary of Health, Education, and 
Welfare.
---------------------------------------------------------------------------
    \37\ Sec. 201(a)(4)(B)(i) of Public Law 102-582 (106 Stat. 4904) 
struck out ``fish products and wildlife products'' and inserted in lieu 
thereof ``products''. Previously, sec. 2(5)(C) of Public Law 95-376 (92 
Stat. 714) amended this sentence.
    \38\ Sec. 201(a)(4)(B)(ii) of Public Law 102-582 (106 Stat. 4904) 
struck out ``Fish products and wildlife products'' and inserted in lieu 
thereof ``Products''.
---------------------------------------------------------------------------
    (g) \35\ The Secretary of the Treasury, the Secretary of 
Commerce, and the Secretary of the Interior \39\ are each 
authorized to prescribe such regulations as he determines 
necessary to carry out the provisions of this section.
---------------------------------------------------------------------------
    \39\ Sec. 2(6) of Public Law 95-376 (92 Stat. 714) added references 
to the Secretary of Commerce and the Secretary of the Interior.
---------------------------------------------------------------------------
    (h) \35\ As used in this section--
          (1) The term ``person'' means any individual, 
        partnership, corporation, or association.
          (2) \40\ The term ``United States'' means the several 
        States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, American Samoa, Guam, the 
        Virgin Islands, and every other territory and 
        possession of the United States.
---------------------------------------------------------------------------
    \40\ Sec. 201(b)(1) of Public Law 102-582 (106 Stat. 4904) amended 
and restated para. (2).
---------------------------------------------------------------------------
          (3) The term ``international fishery conservation 
        program'' means any ban, restriction, regulation, or 
        other measure in effect \41\ pursuant to a bilateral or 
        \42\ multilateral agreement which is in force with 
        respect to the United States,\43\ the purpose of which 
        is to conserve or protect the living resources of the 
        sea, including marine mammals.\44\
---------------------------------------------------------------------------
    \41\ Sec. 2(7)(A) of Public Law 95-376 (92 Stat. 715) struck out 
``in force'' and inserted in lieu thereof ``in effect''.
    \42\ Sec. 201(b)(2)(A) of Public Law 102-582 (106 Stat. 4904) 
inserted ``bilateral or''.
    \43\ Sec. 2(7)(B) of Public Law 95-376 (92 Stat. 715) struck out 
``to which the United States is a signatory party'' and inserted in 
lieu thereof ``which is in force with respect to the United States''.
    \44\ Sec. 201(b)(2)(B) of Public Law 102-582 (106 Stat. 4904) 
inserted ``, including marine mammals''.
---------------------------------------------------------------------------
          (4) \45\ The term ``international program for 
        endangered or threatened species'' means any ban, 
        restriction, regulation, or other measure in effect 
        pursuant to a multilateral agreement which is in force 
        with respect to the United States, the purpose of which 
        is to protect endangered or threatened species of 
        animals.
---------------------------------------------------------------------------
    \45\ Sec. 2(7)(C) of Public Law 95-376 (92 Stat. 715) added para. 
(4), originally as para. (5). Subsequently, sec. 201(b)(3) of Public 
Law 102-582 (106 Stat. 4905) struck out para. (4), which defined fish 
products, and para. (6), which defined wildlife products, and 
redesignated para. (5) as para. (4).
---------------------------------------------------------------------------
          (5) \46\ The term ``taking'', as used with respect to 
        animals to which an international program for 
        endangered or threatened species applies, means to--
---------------------------------------------------------------------------
    \46\ Sec. 2(7)(C) of Public Law 95-376 (92 Stat. 715) added para. 
(5), originally as para. (7). Subsequently, sec. 201(b) of Public Law 
102-582 (106 Stat. 4900) amended and restated para. (7) and 
redesignated it as para. (5).
---------------------------------------------------------------------------
                  (A) harass, harm, pursue, hunt, shoot, wound, 
                kill, trap, capture, or collect; or
                  (B) attempt to harass, harm, pursue, hunt, 
                shoot, wound, kill, trap, capture, or collect.
    Sec. 9.\47\ There is created a Fishermen's Protective Fund 
which shall be used by the Secretary of State \48\ to reimburse 
owners of vessels for amounts determined and certified by him 
\48\ under section 3. The amount of any claim or portion 
thereof collected by the Secretary of State from any foreign 
country pursuant to section 5(a) shall be deposited in the fund 
and shall be available for the purpose of reimbursing vessel 
owners under section 3; except that if a transfer to the fund 
was made pursuant to section 5(b)(1) with respect to any such 
claim, an amount from the fund equal to the amount so collected 
shall be covered into the Treasury as miscellaneous receipts. 
There is authorized to be appropriated to the fund (1) the sum 
of $3,000,000 to provide initial capital, and (2) such 
additional sums as may be necessary from time to time to 
supplement the fund in order to meet the requirements of the 
fund.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 1979.  Sec. 5 of Public Law 92-569 (86 Stat. 1183) 
added sec. 9.
    Public Law 92-569 (86 Stat. 182) also provided:
    ``Sec. 6. The amendment made by this Act shall apply with respect 
to seizures of vessels of the United States occurring on or after the 
date of the enactment of this Act; except that reimbursements under 
section 3 of the Fishermen's Protective Act of 1967 (as in effect 
before such date of enactment) may be made from the fund established by 
the amendment made by section 5 of this Act with respect to any seizure 
of a vessel occurring before such date of enactment and after December 
31, 1970, if no reimbursement was made before such date of 
enactment.''.
    \48\ Sec. 302(c) of Public Law 98-364 (98 Stat. 444) struck out 
``Secretary of the Treasury'' and inserted in lieu thereof ``Secretary 
of State'', and struck out ``certified to him by the Secretary of 
State'' and inserted in lieu thereof ``determined and certified by 
him''.
---------------------------------------------------------------------------
    Sec. 10.\49\ (a) For purposes of this section--
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 1980. Sec. 10, as added by Public Law 95-194 (91 
Stat. 1413), was amended and restated by sec. 3(a) of Public Law 95-376 
(92 Stat. 715). Note also sec. 3 (b) and (c) of Public Law 95-376 which 
provided:
    ``(b) The amendment made by subsection (a) shall take effect 
January 1, 1979.
    ``(c) Nothing in the amendment made by subsection (a) shall be 
construed as affecting in any manner or to any extent any loan made 
under section 10 of the Fishermen's Protective Act of 1967 (as in 
effect before January 1, 1979), and, for purposes of the consideration 
by the Secretary of Commerce of any application for a loan under such 
section which was filed, but not acted on, before January 1, 1979, the 
amendment made by subsection (a) shall not be deemed to have been 
enacted.''.
---------------------------------------------------------------------------
          (1) The terms ``fishery,'' ``fishery conservation 
        zone,'' \50\ ``fishing,'' ``fishing vessel,'' 
        ``Secretary,'' and ``vessel of the United States'' 
        shall each have the same respective meaning as is given 
        to such terms in section 3 of the Magnuson-Stevens 
        Fishery Conservation and Management Act \51\ (16 U.S.C. 
        1802).
---------------------------------------------------------------------------
    \50\ The term ``fishery conservation zone'' originally was defined 
in sec. 3(8) of the Magnuson Fishery Conservation and Management Act of 
1976. Public Law 99-659 struck out para. 8, changed any reference to 
``fishery conservation zone'' in that Act to be a reference to 
``exclusive economic zone'', and provided a definition of ``exclusive 
economic zone'' in para. 6. See note 3.
    \51\ Sec. 238(b) of Public Law 96-561 struck out ``Fishery 
Conservation and Management Act of 1976'' and inserted in lieu thereof 
``Magnuson Fishery Conservation and Management Act of 1976''. Sec. 
211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (2) The term ``fishing gear'' means any equipment or 
        appurtenance which is necessary for the carrying out of 
        fishing operations by a fishing vessel, whether or not 
        such equipment or appurtenance is attached to such 
        vessel.
          (3) The term ``fund'' means the Fishing Vessel and 
        Gear Damage Compensation Fund established under 
        subsection (f).
          (4) \52\ The term ``resulting economic loss'' means 
        the gross income, as estimated by the Secretary, that a 
        fishing vessel owner or operator who is eligible for 
        compensation under this section for damage to, loss of, 
        or destruction of, a fishing vessel or the fishing gear 
        used with such vessel will lose by reason of not being 
        able to engage in fishing, or having to reduce his 
        fishing effort, during the period before the vessel or 
        gear, or both, are repaired or replaced and available 
        for use.
---------------------------------------------------------------------------
    \52\ Sec. 241(1) of Public Law 96-561 (94 Stat. 3301) added para. 
(4).
---------------------------------------------------------------------------
    (b) Subject to the provisions of this section, the owner or 
operator (hereinafter referred to as the ``vessel owner'') of 
any fishing vessel which is a vessel of the United States is 
eligible for monetary compensation under this section for any 
damage to, loss of, or destruction of such vessel, or any 
fishing gear used with such vessel, or both, and for any 
resulting economic loss \53\ if the damage, loss, or 
destruction--
---------------------------------------------------------------------------
    \53\ Sec. 241(2)(A) of Public Law 96-561 (94 Stat. 3301) inserted 
``and for any resulting economic loss''.
---------------------------------------------------------------------------
          (1) in the case of such vessel--
                  (A) occurs when such vessel is engaged in any 
                fishery subject to the exclusive fishery 
                management authority of the United States under 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act,\54\ and
---------------------------------------------------------------------------
    \54\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
                  (B) is attributable to any vessel (or its 
                crew or fishing gear) other than a vessel of 
                the United States; or
          (2) in the case of such fishing gear--
                  (A) occurs when such fishing gear is being 
                used for fishing in any fishery subject to such 
                exclusive management authority; and
                  (B) \55\ is attributable to any other vessel, 
                whether or not such vessel is a vessel of the 
                United States.
---------------------------------------------------------------------------
    \55\ Sec. 241(2)(B) of Public Law 96-561 (94 Stat. 3301) amended 
and restated subpara. (B). It formerly read as follows:
    ``(B) is attributable to (i) any other vessel, whether such vessel 
is a vessel of the United States, or (ii) an act of God.''.
---------------------------------------------------------------------------
        For purposes of subparagraph (B), there shall be a 
        rebuttable presumption that any damage, loss, or 
        destruction of fishing gear is attributable to another 
        vessel.
    (c) A vessel owner is not eligible for compensation under 
this section with respect to fishing vessel or fishing gear 
damage, loss, or destruction, and resulting economic loss \56\ 
unless such owner--
---------------------------------------------------------------------------
    \56\ Sec. 241(3) of Public Law 96-561 (94 Stat. 3302) inserted ``, 
and resulting economic loss''.
---------------------------------------------------------------------------
          (1) makes application to the Secretary for 
        compensation under this section within 90 days \57\ 
        after the day on which the damage, loss, or destruction 
        occurred or was first noticed by the owner;
---------------------------------------------------------------------------
    \57\ Sec. 4(b) of Public Law 96-289 (94 Stat. 606) extended the 
period of time permitted for making an application for compensation 
from 60 to 90.
---------------------------------------------------------------------------
          (2) pays upon making such application a reasonable 
        administrative fee which the Secretary shall deposit 
        into the fund;
          (3) has, in such form as the Secretary shall 
        prescribe by regulation, a current inventory or other 
        evidence of possession of the fishery vessel or fishing 
        gear concerned;
          (4) has, in such form as the Secretary shall 
        prescribe by regulation, a current inventory or other 
        evidence of possession of the location of, the fishing 
        gear concerned; and
          (5) is in compliance with such other regulations as 
        may be prescribed by the Secretary to carry out this 
        section.
    (d)(1) Application for compensation under this section 
shall be made in such form and manner, and include such 
documentation and other evidence relating to the cause and 
extent of the damage, loss or destruction, and resulting 
economic loss,\58\ claimed, as the Secretary shall prescribe by 
regulation. The Secretary shall promptly, but not later than 
sixty days after receipt of an application, consider, and issue 
and initial determination with respect to, the application.
---------------------------------------------------------------------------
    \58\ Sec. 241(4)(A) of Public Law 96-561 (94 Stat. 3302) inserted 
``, and resulting economic loss,''.
---------------------------------------------------------------------------
    (2) \59\ The amount of compensation awarded to any vessel 
owner under this section shall be--
---------------------------------------------------------------------------
    \59\ Sec. 241(4)(B) of Public Law 96-561 (96 Stat. 3302) amended 
and restated para. (2). It formerly read as follows:
    ``(2) The amount of compensation awarded to any vessel owner under 
this section shall be--
---------------------------------------------------------------------------

  ``(A) determined on the basis of the depreciated replacement cost, or the 
repair cost, which-ever cost is less, of the fishing vessel or fishing gear 
concerned;

  ``(B) proportionally reduced to the extent that evidence indicates that 
negligence by the vessel owner contributed to the cause or extent of the 
damage, loss, or destruction; and

  ``(C) reduce by the amount of compensation, if any, which the vessel 
owner has received or will receive with respect to the damage, loss, or 
destruction through insurance, pursuant to any other provision of law, or 
otherwise.''.

          (A) the depreciated replacement cost, or the repair 
        cost, whichever cost is less, of the fishing vessel or 
        the fishing gear concerned; and
          (B) 25 percent of any resulting economic loss.
Any amount determined pursuant to subparagraph (A) or (B) shall 
be reduced to the extent that evidence indicates that 
negligence by the vessel owner or operator contributed to the 
cause or the extent of the damage, loss, or destruction and 
shall be further reduced by the amount of compensation, if any, 
that the vessel owner or operator has received or will receive 
with respect to the damage, loss, destruction, or resulting 
economic loss through insurance, pursuant to any other 
provision of law, or otherwise.
    (3) The initial determination made by the Secretary under 
paragraph (1) with respect to any application shall--
          (A) if the application is disapproved, set forth the 
        reasons therefore; or
          (B) if the application is approved, set forth the 
        amount of compensation to which the applicant is 
        entitled and the basis on which such amount was 
        determined.
    (4) Any vessel owner who is aggrieved by any decision of 
the Secretary contained in the initial determination of the 
Secretary regarding such owner's application may, within thirty 
days after the date of issue of the initial determination, 
petition the Secretary for a review of the decision. If 
petition of review is not made to the Secretary within such 
thirty-day period regarding the initial determination, the 
initial determination shall be deemed to be the final 
determination on the application. Before undertaking any such 
review, the secretary shall provide to the vessel owner 
opportunity to submit additional written or oral evidence 
relating to the decision. After review the Secretary shall 
issue a final determination with respect to the application.
    (5) If compensation is awarded under the final 
determination on any application, the Secretary shall promptly 
pay from the fund to such owner the amount of compensation 
stated in the final determination. Upon the acceptance of such 
payment by the vessel owner, the United States shall be 
subrogated to all rights of the vessel owner with respect to 
which the payment is made.
    (e) In addition to any fee imposed under section 204(b)(10) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1824(b)(10)) \54\ with respect to any foreign 
fishing vessel for any year after 1978, the Secretary shall 
impose a surcharge in an amount not to exceed 20 percent of the 
amount of the fee imposed under such section for such year. The 
failure to pay any surcharge imposed under this subsection with 
respect to any foreign fishing vessel shall be treated by the 
Secretary as a failure to pay the fee for such vessel under 
such section 204(b)(10).
    (f)(1) There is established in the Treasury of the United 
States the Fishing Vessel and Gear Damage Compensation Fund. 
The fund shall be available without fiscal year limitation as a 
revolving fund for the purposes of administering, and paying 
compensation awarded under, this section.
    (2) The fund shall consist of--
          (A) all sums recovered by the United States in the 
        exercise of rights subrogated to it under subsection 
        (d)(5);
          (B) all administrative fees collected under 
        subsection (c)(2);
          (C) all surcharges collected under subsection (e);
          (D) revenues received from deposits or investments 
        made under the last sentence of this paragraph; and
          (E) any revenue acquired through the issuance of 
        obligations under paragraph (3).
Sums may be expended from the fund only to such extent and in 
such amounts as are provided in advance in appropriation Acts. 
Sums in the fund which are not currently needed for the purpose 
of paying such awards shall be kept on deposit or invested in 
obligations of, or guaranteed by the United States.
    (3) Whenever the amount in the fund is not sufficient to 
pay compensation under this section, the Secretary may issue, 
in an amount not to exceed $5,000,000, notes or other 
obligations to the Secretary of the Treasury, in such forms and 
denominations bearing such maturities, and subject to such 
terms and conditions as the Secretary of the Treasury may 
prescribe. Such notices or other obligations shall bear 
interest at a rate to be determined by the Secretary of the 
Treasury on the basis of the current average market yield on 
outstanding marketable obligations of the United State of 
comparable maturities during the month preceding the issuance 
of such notices or other obligations. Moneys obtained by the 
Secretary under this paragraph shall be deposited in the fund 
and redemptions of any such notices or other obligations shall 
be made from the fund. The Secretary of the Treasury shall 
purchase any such notes or other obligations, and for such 
purpose he may use as a public debt transaction the proceeds 
from the sale of any securities issued under the Second Liberty 
Bond Act. The Secretary of the Treasury may sell any such 
notices or other obligations at such times and prices and upon 
such terms and conditions as he shall determine. All purchases, 
redemptions, and sales of such notes or other obligations by 
the Secretary of the Treasury shall be treated as public debt 
transactions of the United States. All borrowing authority 
contained herein shall be effective only to such extent or in 
such amounts as are provided in advance in appropriation Acts.
    (g) Any person who willfully makes any false or misleading 
statement or representation for the purpose of obtaining 
compensation under this section is guilty of a criminal offense 
and, upon conviction thereof, shall be punished by a fine of 
not more than $25,000, or by imprisonment for not more than one 
year, or both.
    Sec. 11.\60\ (a) In any case on or after June 15, 1994, in 
which a vessel of the United States exercising its right of 
passage is charged a fee by the government of a foreign country 
to engage in transit passage between points in the United 
States (including a point in the exclusive economic zone or in 
an area over which jurisdiction is in dispute), and such fee is 
regarded by the United States as being inconsistent with 
international law, the Secretary of State shall, subject to the 
availability of appropriated funds, reimburse the vessel owner 
for the amount of any such fee paid under protest.
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 1980a. Sec. 402(a) of the Fisheries Act of 1995 
(Public Law 104-43; 109 Stat. 389) added sec. 11. See also sec. 401 and 
sec. 402(c) of that Act.
---------------------------------------------------------------------------
    (b) In seeking such reimbursement, the vessel owner shall 
provide, together with such other information as the Secretary 
of State may require--
          (1) a copy of the receipt for payment;
          (2) an affidavit attesting that the owner or the 
        owner's agent paid the fee under protest; and
          (3) a copy of the vessel's certificate of 
        documentation.
    (c) Requests for reimbursement shall be made to the 
Secretary of State within 120 days after the date of payment of 
the fee, or within 90 days after the date of enactment of this 
section, whichever is later.
    (d) Such funds as may be necessary to meet the requirements 
of this section may be made available from the unobligated 
balance of previously appropriated funds remaining in the 
Fishermen's Protective Fund established under section 9. To the 
extent that requests for reimbursement under this section 
exceed such funds, there are authorized to be appropriated such 
sums as may be needed for reimbursements authorized under 
subsection (a), which shall be deposited in the Fishermen's 
Protective Fund established under section 9.
    (e) The Secretary of State shall take such action as the 
Secretary deems appropriate to make and collect claims against 
the foreign country imposing such fee for any amounts 
reimbursed under this section.
    (f) For purposes of this section, the term ``owner'' 
includes any charterer of a vessel of the United States.
    Sec. 12.\61\ (a) If the Secretary of State finds that the 
government of any nation imposes conditions on the operation or 
transit of United States fishing vessels which the United 
States regards as being inconsistent with international law or 
an international agreement, the Secretary of State shall 
certify that fact to the President.
---------------------------------------------------------------------------
    \61\ 22 U.S.C. 1980b. Sec. 402(b) of the Fisheries Act of 1995 
(Public Law 104-43; 109 Stat. 390) added sec. 12.
---------------------------------------------------------------------------
    (b) Upon receipt of a certification under subsection (a), 
the President shall direct the heads of Federal agencies to 
impose similar conditions on the operation or transit of 
fishing vessels registered under the laws of the nation which 
has imposed conditions on United States fishing vessels.
    (c) For the purposes of this section, the term `fishing 
vessel' has the meaning given that term in section 2101(11a) of 
title 46, United States Code.
    (d) It is the sense of the Congress that any action taken 
by any Federal agency under subsection (b) should be 
commensurate with any conditions certified by the Secretary of 
State under subsection (a).


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Sec. 240 of Public Law 96-561, effective December 22, 1980 (94 Stat. 3300; 22 U.S.C. 1980 
                         ``sec.  240.  applications  and  filings  for  compensa-
                             tion    for    certain    fishing    vessel    and    gear
                             damage.                           ``(a) In General.--If--
                             ``(1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before
                            the date of the enactment of this title, damage to, or loss or destruction of, such vessel or
                            fishing gear used with such vessel, but did not apply for compensation therefore under section 10 of
                            the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in
                            subsection (c)(1) of such section; or
                             ``(2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the
                            enactment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act
                            of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day
                            period prescribed in section 405(a) of such Act;
                         such owner or operator may make application for compensation with respect to such damages, loss or
                          destruction under such section 10, and such commercial fisherman may file a claim for, compensation
                          for such damages under such title IV, to the Secretary of Commerce, within the 60-day period beginning
                          on the date of the enactment of this title.
                           ``(b) Special Provisions.--(1) Notwithstanding any other provision of law--
                             ``(A) any application or filing timely made under subsection (a) shall be treated by the Secretary
                            of Commerce as an application timely made under such section 10(c)(1), or as a filing timely made
                            under such section 405(a), as the case may be, with respect to the damage, loss, or destruction
                            claimed; and
                             ``(B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-
                            Union of Soviet Socialist Republic Fisheries Claims Board or the American-Spanish Fisheries Board
                            shall be treated by the Secretary of Commerce as a timely application made, on the date of the
                            enactment of this title, under such section 10(c)(1) for compensation for such loss.
                           ``(2)'' * * *--------------------------------------------------------------------------------------------------------------------------------------------------------

=======================================================================


             L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT

                                CONTENTS

                                                                   Page

 1. Energy Policy Act of 2005 (Public Law 109-58) (partial text).   393
 2. Energy Policy Act of 1992 (Public Law 102-486) (partial text)   401
 3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229) 
    (partial text)...............................................   435
 4. Energy Policy and Conservation Act (Public Law 94-163) 
    (partial text)...............................................   438
 5. Alaska National Interests Lands Conservation Act, as amended 
    (Public Law 96-487) (partial text)...........................   465
 6. Negotiations With Canada Concerning the Alaska Pipeline 
    (Public Law 93-153) (partial text)...........................   467
 7. Environment and Natural Resources............................   469
       a. Environment and Natural Resources in Foreign Assistance   469
             (1) Foreign Assistance Act of 1961 (Public Law 87-
                195) (partial text)..............................   469
             (2) Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 2004 (Public 
                Law 108-199) (partial text)......................   481
             (3) Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1993 (Public 
                Law 102-391) (partial text)......................   483
             (4) Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1991 (Public 
                Law 101-513) (partial text)......................   487
             (5) Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1990 (Public 
                Law 101-167) (partial text)......................   493
             (6) Freedom for Russia and Emerging Eurasian 
                Democracies and Open Markets Support Act of 1992 
                (FREEDOM Support Act) (Public Law 102-511) 
                (partial text)...................................   497
             (7) Support for East European Democracy (SEED) Act 
                of 1989 (Public Law 101-179) (partial text)......   501
             (8) Enterprise for the Americas Initiative Act of 
                1992 (Public Law 102-532) (partial text).........   504
             (9) Enterprise for the Americas Environmental Fund 
                (Public Law 83-480) (partial text)...............   506
            (10) Assigning Foreign Affairs Functions and 
                Implementing the Enterprise for the Americas 
                Initiative and the Tropical Forest Conservation 
                Act (Executive Order 13345)......................   516
       b. Department of State--Delegation of Authority; 
          Establishment of Bureau................................   519
             (1) Science, Technology, and American Diplomacy 
                (Title V of Public Law 95-426) (partial text)....   519
             (2) Establishment of Bureau of Oceans and 
                International Environmental and Scientific 
                Affairs (Public Law 93-126) (partial text).......   523
             (3) Delegating to the Secretary of State Certain 
                Functions With Respect to the Negotiation of 
                International Agreements Relating to the 
                Enhancement of the Environment (Executive Order 
                11742)...........................................   524
       c. International Cooperation or Participation in 
          International Organizations............................   525
             (1) REDI Center Authorization (Public Law 109-140) 
                (partial text)...................................   525
             (2) Congo Basin Forest Partnership Act of 2004 
                (Public Law 108-200).............................   526
             (3) Great Ape Conservation Act of 2000 (Public Law 
                106-411).........................................   529
             (4) Neotropical Migratory Bird Conservation Act 
                (Public Law 106-247).............................   535
             (5) Responsibilities of Federal Agencies To Protect 
                Migratory Birds (Executive Order 13186)..........   540
             (6) Asian Elephant Conservation Act of 1997 (Public 
                Law 105-96)......................................   545
             (7) Rhinoceros and Tiger Conservation Act of 1998 
                (Public Law 105-312) (partial text)..............   550
             (8) Rhinoceros and Tiger Conservation Act of 1994 
                (Public Law 103-391).............................   552
             (9) Wild Exotic Bird Conservation Act of 1992 
                (Public Law 102-440) (partial text)..............   559
            (10) United States Support for the United Nations 
                Conference on Environment and Development (Public 
                Law 102-138) (partial text)......................   570
            (11) International Cooperation in Global Change 
                Research Act of 1990 (Public Law 101-606) 
                (partial text)...................................   572
            (12) Rio Grande American Canal Extension Act of 1990 
                (Public Law 101-438).............................   575
            (13) International Cooperation in Biological 
                Diversity (Public Law 100-530) (partial text)....   578
            (14) African Elephant Conservation Act (Title II of 
                Public Law 100-478)..............................   579
            (15) Rio Grande Pollution Correction Act of 1987 
                (Public Law 100-465).............................   589
            (16) Temporary Emergency Wildfire Suppression Act 
                (Public Law 100-428).............................   591
            (17) Nuclear Waste Policy Act of 1982 (Public Law 97-
                425) (partial text)..............................   593
            (18) United Nations Environment Program Participation 
                Act of 1973 (Public Law 93-153) (partial text)...   595
       d. Strategic Environmental Research and Development 
          Program (10 U.S.C.)....................................   596
       e. Environmental Policy and International Financial 
          Institutions...........................................   604
             (1) Bretton Woods Agreements Act (Public Law 79-171) 
                (partial text)...................................   604
             (2) International Financial Institutions Act (Public 
                Law 95-118) (partial text).......................   607
             (3) International Development and Finance Act of 
                1989 (Public Law 101-240) (partial text).........   620
       f. Antarctica.............................................   628
             (1) Antarctic Conservation Act of 1978 (Public Law 
                95-541)..........................................   628
             (2) Antarctic Science, Tourism, and Conservation Act 
                of 1996 (Public Law 104-227) (partial text)......   643
             (3) Protection of Antarctica as a Global Ecological 
                Commons (Public Law 101-620).....................   664
             (4) Antarctic Protection Act of 1990 (Public Law 
                101-594).........................................   646
       g. Global Climate Change Prevention Act of 1990 (Public 
          Law 101-624) (partial text)............................   650
       h. Global Change Research Act of 1990 (Public Law 101-606) 
          (partial text).........................................   655
       i. Clean Air Act Amendments--International Provisions 
          (Public Law 101-549) (partial text)....................   663
       j. Forest Resources Conservation and Shortage Relief Act 
          of 1990 (Public Law 101-382) (partial text)............   668
       k. Pesticide Monitoring Improvements Act of 1988 (Public 
          Law 100-418) (partial text)............................   672
       l. Global Climate Protection Act of 1987 (Public Law 100-
          204) (partial text)....................................   674
       m. International Environmental Protection Act of 1983 
          (Public Law 98-164) (partial text).....................   677
       n. Environmental Effects Abroad of Major Federal Actions 
          (Executive Order 12114)................................   680

=======================================================================

                      1. Energy Policy Act of 2005

  Partial text of Public Law 109-58 [H.R. 6], 119 Stat. 594, approved 
                             August 8, 2005

   AN ACT To ensure jobs for our future with secure, affordable, and 
                            reliable energy.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 15801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--* * *
          * * * * * * *

                       TITLE VI--NUCLEAR MATTERS

          * * * * * * *

                  Subtitle B--General Nuclear Matters

          * * * * * * *

SEC. 632. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR 
                    TERRORISM.

    (a) In General.--Section 129 of the Atomic Energy Act of 
1954 (42 U.S.C. 2158) is amended-- * * * \2\
---------------------------------------------------------------------------
    \2\ For the Atomic Energy Act of 1954 and other legislation 
relating to nuclear nonproliferation, see Legislation on Foreign 
Relations Through 2005, vol. II-B.
---------------------------------------------------------------------------
    (b) \3\ Applicability to Exports Approved for Transfer but 
Not Transferred.--Subsection b. of section 129 of Atomic Energy 
Act of 1954, as added by subsection (a) of this section, shall 
apply with respect to exports that have been approved for 
transfer as of the date of the enactment of this Act but have 
not yet been transferred as of that date.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2158 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 635.\4\ PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF 
                    LIABILITY FOR CERTAIN FOREIGN INCIDENTS.
---------------------------------------------------------------------------

    \4\ 42 U.S.C. 16012.
---------------------------------------------------------------------------
    (a) In General.--Notwithstanding any other provision of 
law, no officer of the United States or of any department, 
agency, or instrumentality of the United States Government may 
enter into any contract or other arrangement, or into any 
amendment or modification of a contract or other arrangement, 
the purpose or effect of which would be to directly or 
indirectly impose liability on the United States Government, or 
any department, agency, or instrumentality of the United States 
Government, or to otherwise directly or indirectly require an 
indemnity by the United States Government, for nuclear 
incidents occurring in connection with the design, 
construction, or operation of a production facility or 
utilization facility in any country whose government has been 
identified by the Secretary of State as engaged in state 
sponsorship of terrorist activities (specifically including any 
country the government of which, as of September 11, 2001, had 
been determined by the Secretary of State under section 620A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), 
section 6(j)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export 
Control Act (22 U.S.C. 2780(d)) to have repeatedly provided 
support for acts of international terrorism). This section 
shall not apply to nuclear incidents occurring as a result of 
missions, carried out under the direction of the Secretary, the 
Secretary of Defense, or the Secretary of State, that are 
necessary to safely secure, store, transport, or remove nuclear 
materials for nuclear safety or nonproliferation purposes.
    (b) Definitions.--The terms used in this section shall have 
the same meaning as those terms have under section 11 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014), unless otherwise 
expressly provided in this section.
          * * * * * * *

                   TITLE IX--RESEARCH AND DEVELOPMENT

          * * * * * * *

                 Subtitle H--International Cooperation

SEC. 985.\5\ WESTERN HEMISPHERE ENERGY COOPERATION.
---------------------------------------------------------------------------

    \5\ 42 U.S.C. 16341.
---------------------------------------------------------------------------
    (a) Program.--The Secretary shall carry out a program to 
promote cooperation on energy issues with countries of the 
Western Hemisphere.
    (b) Activities.--Under the program, the Secretary shall 
fund activities to work with countries of the Western 
Hemisphere to--
          (1) increase the production of energy supplies;
          (2) improve energy efficiency; and
          (3) assist in the development and transfer of energy 
        supply and efficiency technologies that would have a 
        beneficial impact on world energy markets.
    (c) Participation by Institutions of Higher Education.--To 
the extent practicable, the Secretary shall carry out the 
program under this section with the participation of 
institutions of higher education so as to take advantage of the 
acceptance of institutions of higher education by countries of 
the Western Hemisphere as sources of unbiased technical and 
policy expertise when assisting the Secretary in--
          (1) evaluating new technologies;
          (2) resolving technical issues;
          (3) working with those countries in the development 
        of new policies; and
          (4) training policymakers, particularly in the case 
        of institutions of higher education that involve the 
        participation of minority students, such as--
                  (A) Hispanic-serving institutions; and
                  (B) part B institutions.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          (1) $10,000,000 for fiscal year 2007;
          (2) $13,000,000 for fiscal year 2008; and
          (3) $16,000,000 for fiscal year 2009.

SEC. 986. COOPERATION BETWEEN UNITED STATES AND ISRAEL.

    (a) Findings.--Congress finds that--
          (1) on February 1, 1996, the United States and Israel 
        signed the agreement entitled ``Agreement between the 
        Department of Energy of the United States of America 
        and the Ministry of Energy and Infrastructure of Israel 
        Concerning Energy Cooperation'' (referred to in this 
        section as the ``Agreement''), to establish a framework 
        for collaboration between the United States and Israel 
        in energy research and development activities;
          (2) the Agreement entered into force in February 
        2000;
          (3) in February 2005, the Agreement was automatically 
        renewed for 1 additional 5-year period pursuant to 
        Article X of the Agreement; and
          (4) under the Agreement, the United States and Israel 
        may cooperate in energy research and development in a 
        variety of alternative and advanced energy sectors.
    (b) Report to Congress.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall submit to 
the Committee on Energy and Natural Resources and the Committee 
on Foreign Relations of the Senate and the Committee on Energy 
and Commerce and the Committee on International Relations of 
the House of Representatives a report that describes--
          (1) the ways in which the United States and Israel 
        have cooperated on energy research and development 
        activities under the Agreement;
          (2) projects initiated pursuant to the Agreement; and
          (3) plans for future cooperation and joint projects 
        under the Agreement.
    (c) Sense of Congress.--It is the sense of Congress that 
energy cooperation between the Governments of the United States 
and Israel is mutually beneficial in the development of energy 
technology.

SEC. 986A.\6\ INTERNATIONAL ENERGY TRAINING.
---------------------------------------------------------------------------

    \6\ 42 U.S.C. 16342.
---------------------------------------------------------------------------
    (a) In General.--The Secretary, in consultation with the 
Secretary of Commerce, the Secretary of the Interior, and 
Secretary of State, and the Federal Energy Regulatory 
Commission, shall coordinate training and outreach efforts for 
international commercial energy markets in countries with 
developing and restructuring economies.
    (b) Components.--The training and outreach efforts referred 
to in subsection (a) may include--
          (1) production-related fiscal regimes;
          (2) grid and network issues;
          (3) energy user and demand side response;
          (4) international trade of energy; and
          (5) international transportation of energy.
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $1,500,000 for 
each of fiscal years 2007 through 2010.
          * * * * * * *

                        TITLE XIV--MISCELLANEOUS

          * * * * * * *

                      Subtitle B--Set America Free

SEC. 1421. SHORT TITLE.

    This subtitle may be cited as the ``Set America Free Act of 
2005'' or the ``SAFE Act''.

SEC. 1422. PURPOSE.

    The purpose of this subtitle is to establish a United 
States commission to make recommendations for a coordinated and 
comprehensive North American energy policy that will achieve 
energy self-sufficiency by 2025 within the three contiguous 
North American nation area of Canada, Mexico, and the United 
States.

SEC. 1423. UNITED STATES COMMISSION ON NORTH AMERICAN ENERGY FREEDOM.

    (a) Establishment.--There is hereby established the United 
States Commission on North American Energy Freedom (in this 
subtitle referred to as the ``Commission''). The Federal 
Advisory Committee Act (5 U.S.C. App.), except sections 3, 7, 
and 12, does not apply to the Commission.
    (b) Membership.--
          (1) Appointment.--The Commission shall be composed of 
        16 members appointed by the President from among 
        individuals described in paragraph (2) who are 
        knowledgeable on energy issues, including oil and gas 
        exploration and production, crude oil refining, oil and 
        gas pipelines, electricity production and transmission, 
        coal, unconventional hydrocarbon resources, fuel cells, 
        motor vehicle power systems, nuclear energy, renewable 
        energy, biofuels, energy efficiency, and energy 
        conservation. The membership of the Commission shall be 
        balanced by area of expertise to the extent consistent 
        with maintaining the highest level of expertise on the 
        Commission. Members of the Commission may be citizens 
        of Canada, Mexico, or the United States, and the 
        President shall ensure that citizens of all three 
        nations are appointed to the Commission.
          (2) Nominations.--The President shall appoint the 
        members of the Commission within 60 days after the 
        effective date of this Act, including individuals 
        nominated as follows:
                  (A) Four members shall be appointed from 
                amongst individuals independently determined by 
                the President to be qualified for appointment.
                  (B) Four members shall be appointed from a 
                list of eight individuals who shall be 
                nominated by the majority leader of the Senate 
                in consultation with the chairman of the 
                Committee on Energy and Natural Resources of 
                the Senate.
                  (C) Four members shall be appointed from a 
                list of eight individuals who shall be 
                nominated by the Speaker of the House of 
                Representatives in consultation with the 
                chairmen of the Committees on Energy and 
                Commerce and Resources of the House of 
                Representatives.
                  (D) Two members shall be appointed from a 
                list of four individuals who shall be nominated 
                by the minority leader of the Senate in 
                consultation with the ranking Member of the 
                Committee on Energy and Natural Resources of 
                the Senate.
                  (E) Two members shall be appointed from a 
                list of four individuals who shall be nominated 
                by the minority leader of the House in 
                consultation with the ranking Members of the 
                Committees on Energy and Commerce and Resources 
                of the House of Representatives.
          (3) Chairman.--The chairman of the Commission shall 
        be selected by the President. The chairman of the 
        Commission shall be responsible for--
                  (A) the assignment of duties and 
                responsibilities among staff personnel and 
                their continuing supervision; and
                  (B) the use and expenditure of funds 
                available to the Commission.
          (4) Vacancies.--Any vacancy on the Commission shall 
        be filled in the same manner as the original incumbent 
        was appointed.
    (c) Resources.--In carrying out its functions under this 
section, the Commission--
          (1) is authorized to secure directly from any Federal 
        agency or department any information it deems necessary 
        to carry out its functions under this Act, and each 
        such agency or department is authorized to cooperate 
        with the Commission and, to the extent permitted by 
        law, to furnish such information (other than 
        information described in section 552(b)(1)(A) of title 
        5, United States Code) to the Commission, upon the 
        request of the Commission;
          (2) may enter into contracts, subject to the 
        availability of appropriations for contracting, and 
        employ such staff experts and consultants as may be 
        necessary to carry out the duties of the Commission, as 
        provided by section 3109 of title 5, United States 
        Code; and
          (3) shall establish a multidisciplinary science and 
        technical advisory panel of experts in the field of 
        energy to assist the Commission in preparing its 
        report, including ensuring that the scientific and 
        technical information considered by the Commission is 
        based on the best scientific and technical information 
        available.
    (d) Staffing.--The chairman of the Commission may, without 
regard to the civil service laws and regulations, appoint and 
terminate an executive director and such other additional 
personnel as may be necessary for the Commission to perform its 
duties. The executive director shall be compensated at a rate 
not to exceed the rate payable for Level IV of the Executive 
Schedule under chapter 5136 of title 5, United States Code. The 
chairman shall select staff from among qualified citizens of 
Canada, Mexico, and the United States of America.
    (e) Meetings.--
          (1) Administration.--All meetings of the Commission 
        shall be open to the public, except that a meeting or 
        any portion of it may be closed to the public if it 
        concerns matters or information described in section 
        552b(c) of title 5, United States Code. Interested 
        persons shall be permitted to appear at open meetings 
        and present oral or written statements on the subject 
        matter of the meeting. The Commission may administer 
        oaths or affirmations to any person appearing before 
        it.
          (2) Notice; minutes; public availability of 
        documents.--
                  (A) Notice.--All open meetings of the 
                Commission shall be preceded by timely public 
                notice in the Federal Register of the time, 
                place, and subject of the meeting.
                  (B) Minutes.--Minutes of each meeting shall 
                be kept and shall contain a record of the 
                people present, a description of the discussion 
                that occurred, and copies of all statements 
                filed. Subject to section 552 of title 5, 
                United States Code, the minutes and records of 
                all meetings and other documents that were made 
                available to or prepared for the Commission 
                shall be available for public inspection and 
                copying at a single location in the offices of 
                the Commission.
          (3) Initial meeting.--The Commission shall hold its 
        first meeting within 30 days after all 16 members have 
        been appointed.
    (f) Report.--Within 12 months after the effective date of 
this Act, the Commission shall submit to Congress and the 
President a final report of its findings and recommendations 
regarding North American energy freedom.
    (g) Administrative Procedure for Report and Review.--
Chapter 5 and chapter 7 of title 5, United States Code, do not 
apply to the preparation, review, or submission of the report 
required by subsection (f).
    (h) Termination.--The Commission shall cease to exist 90 
days after the date on which it submits its final report.
    (i) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this chapter a total of 
$10,000,000 for the 2 fiscal-year period beginning with fiscal 
year 2005, such sums to remain available until expended.

SEC. 1424. NORTH AMERICAN ENERGY FREEDOM POLICY.

    Within 90 days after receiving and considering the report 
and recommendations of the Commission under section 1423, the 
President shall submit to Congress a statement of proposals to 
implement or respond to the Commission's recommendations for a 
coordinated, comprehensive, and long-range national policy to 
achieve North American energy freedom by 2025.
          * * * * * * *

                          TITLE XVIII--STUDIES

          * * * * * * *

SEC. 1807.\7\ REPORT ON ENERGY INTEGRATION WITH LATIN AMERICA.
---------------------------------------------------------------------------

    \7\ 42 U.S.C. 16521.
---------------------------------------------------------------------------
    The Secretary shall submit an annual report to the 
Committee on Energy and Commerce of the United States House of 
Representatives and to the Committee on Energy and Natural 
Resources of the Senate concerning the status of energy export 
development in Latin America and efforts by the Secretary and 
other departments and agencies of the United States to promote 
energy integration with Latin America. The report shall contain 
a detailed analysis of the status of energy export development 
in Mexico and a description of all significant efforts by the 
Secretary and other departments and agencies to promote a 
constructive relationship with Mexico regarding the development 
of that nation's energy capacity. In particular this report 
shall outline efforts the Secretary and other departments and 
agencies have made to ensure that regulatory approval and 
oversight of United States/Mexico border projects that result 
in the expansion of Mexican energy capacity are effectively 
coordinated across departments and with the Mexican government.
          * * * * * * *

SEC. 1837. NATIONAL SECURITY REVIEW OF INTERNATIONAL ENERGY 
                    REQUIREMENTS.

    (a) Study.--The Secretary, in consultation with the 
Secretary of Defense and Secretary of Homeland Security, shall 
conduct a study of the growing energy requirements of the 
People's Republic of China and the implications of such growth 
on the political, strategic, economic, or national security 
interests of the United States, including--
          (1) an assessment of the type, nationality, and 
        location of energy assets that have been sought for 
        investment by entities located in the People's Republic 
        of China;
          (2) an assessment of the extent to which investment 
        in energy assets by entities located in the People's 
        Republic ofChina has been on market-based terms and 
        free from subsidies from the People's Republic of 
        China;
          (3) an assessment of the effect of investment in 
        energy assets by entities located in the People's 
        Republic of China on the control by the United States 
        of dual-use and export-controlled technologies, 
        including the effect on current and future access to 
        foreign and domestic sources of rare earth elements 
        used to produce such technologies;
          (4) an assessment of the relationship between the 
        Government of the People's Republic of China and 
        energy-related businesses located in the People's 
        Republic of China;
          (5) an assessment of the impact on the world energy 
        market of the common practice of entities located in 
        the People's Republic of China of removing the energy 
        assets owned or controlled by such entities from the 
        competitive market, with emphasis on the effect if such 
        practice expands along with the growth in energy 
        consumption of the People's Republic of China;
          (6) an examination of the United States energy policy 
        and foreign policy as it relates to ensuring a 
        competitive global energy market;
          (7) an examination of the relationship between the 
        United States and the People's Republic of China as it 
        relates topursuing energy interests in a manner that 
        avoids conflicts; and
          (8) a comparison of the appropriate laws and 
        regulations of other nations to determine whether a 
        United States company would be permitted to purchase, 
        acquire, merge, or otherwise establish a joint 
        relationship with an entity whose primary place of 
        business is in that other nation, including the laws 
        and regulations of the People's Republic of China.
    (b) Report and Recommendations.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary, in 
consultation with the Secretary of Defense, shall report to the 
President and the Congress on the findings of the study 
described in subsection (a) and any recommendations the 
Secretaries consider appropriate.
                      2. Energy Policy Act of 1992

Partial text of Public Law 102-486 [H.R. 776], 106 Stat. 2776, approved 
October 24, 1992; as amended by Public Law 109-58 [Energy Policy Act of 
         2005; H.R. 6], 119 Stat. 594, approved August 8, 2005

           AN ACT To provide for improved energy efficiency.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 1992''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 13201 note.
---------------------------------------------------------------------------
    (b) Table of Contents.-- * * *
          * * * * * * *

             TITLE IX--UNITED STATES ENRICHMENT CORPORATION

          * * * * * * *

SEC. 903. RESTRICTIONS ON NUCLEAR EXPORTS.

    (a) Further Restrictions.--
          (1) In general.--Chapter 11 of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2151 et seq.) is amended by adding 
        at the end the following new section: * * * \2\
---------------------------------------------------------------------------
    \2\ For the Atomic Energy Act of 1954 and other legislation 
relating to nuclear nonproliferation, see Legislation on Foreign 
Relations Through 2005, vol. II-B.
---------------------------------------------------------------------------
    (b) Report to Congress.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the Chairman of the 
        Nuclear Regulatory Commission, after consulting with 
        other relevant agencies, shall submit to the Congress a 
        report detailing the current disposition of previous 
        United States exports of highly enriched uranium, 
        including--
                  (A) their location;
                  (B) whether they are irradiated;
                  (C) whether they have been used for the 
                purpose stated in their export license; and
                  (D) whether they have been used for an 
                alternative purpose and, if so, whether such 
                alternative purpose has been explicitly 
                approved by the Commission.
          (2) Exports to euratom.--To the maximum extent 
        possible, the report required by paragraph (1) shall 
        include--
                  (A) exports of highly enriched uranium to 
                EURATOM; and
                  (B) subsequent retransfers of such material 
                within EURATOM, without regard to the extent of 
                United States control over such retransfers.

SEC. 904.\3\ SEVERABILITY.

    If any provision of this title, or the amendments made by 
this title, or the application of any provision to any entity, 
person, or circumstance, is for any reason adjudged by a court 
of competent jurisdiction to be invalid, the remainder of this 
title, and the amendments made by this title, or its 
application shall not be affected.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2297 note.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE XII--RENEWABLE ENERGY

SEC. 1201.\4\ PURPOSES.

    The purposes of this title are to promote--
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 13311.
---------------------------------------------------------------------------
          (1) increases in the production and utilization of 
        energy from renewable energy resources;
          (2) further advances of renewable energy 
        technologies; and
          (3) exports of United States renewable energy 
        technologies and services.
          * * * * * * *

SEC. 1203.\5\ RENEWABLE ENERGY EXPORT TECHNOLOGY TRAINING.

    (a) Establishment of Program.--The Secretary, through the 
Agency for International Development, shall establish a program 
for the training of individuals from developing countries in 
the operation and maintenance of renewable energy and energy 
efficiency technologies in accordance with this section. The 
Secretary and the Administrator of the Agency for International 
Development shall, within one year after the date of enactment 
of this Act, enter into a written agreement to carry out this 
program.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 13312.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the program established under 
this section shall be to train appropriate persons in the 
system design, operation, and maintenance of renewable energy 
and energy efficiency equipment manufactured in the United 
States, including equipment for water pumping, heating and 
purification, and the production of electric power in remote 
areas.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary $6,000,000 for each of the 
fiscal years 1994, 1995, and 1996, to carry out this section.
          * * * * * * *

SEC. 1207.\6\ DUTIES OF INTERAGENCY WORKING GROUP ON RENEWABLE ENERGY 
                    AND ENERGY EFFICIENCY EXPORTS.-- * * *
---------------------------------------------------------------------------

    \6\ Secs. 1207 and 1208 amended sec. 256 of the Energy Policy and 
Conservation Act (42 U.S.C. 6276).
---------------------------------------------------------------------------

SEC. 1208.\6\ STUDY OF EXPORT PROMOTION PRACTICES.-- * * *

SEC. 1209.\7\ DATA SYSTEM AND ENERGY TECHNOLOGY EVALUATION.

    The Secretary of Commerce, in his or her role as a member 
of the interagency working group established under section 256 
of the Energy Policy and Conservation Act (42 U.S.C. 6276), 
shall--
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 13315.
---------------------------------------------------------------------------
          (1) develop a comprehensive data base and information 
        dissemination system, using the National Trade Data 
        Bank and the Commercial Information Management System 
        of the Department of Commerce, that will provide 
        information on the specific energy technology needs of 
        foreign countries, and the technical and economic 
        competitiveness of various renewable energy and energy 
        efficiency products and technologies;
          (2) make such information available to industry, 
        Federal and multilateral lending agencies, 
        nongovernmental organizations, host-country and donor-
        agency officials, and such others as the Secretary of 
        Commerce considers necessary; and
          (3) prepare and transmit to the Congress not later 
        than June 1, 1993, and biennially thereafter, a 
        comprehensive report evaluating the full range of 
        energy and environmental technologies necessary to meet 
        the energy needs of foreign countries, including--
                  (A) information on the specific energy needs 
                of foreign countries;
                  (B) an inventory of United States 
                technologies and services to meet those needs;
                  (C) an update on the status of ongoing 
                bilateral and multilateral programs which 
                promote United States exports of renewable 
                energy and energy efficiency products and 
                technologies; and
                  (D) an evaluation of current programs (and 
                recommendations for future programs) that 
                develop and promote energy efficiency and 
                sustainable use of indigenous renewable energy 
                resources in foreign countries to reduce the 
                generation of greenhouse gases.

SEC. 1210. OUTREACH.

    (a) Outreach.--The interagency working group established 
under section 256(d)(1)(A) of the Energy Policy and 
Conservation Act and the Secretary of Commerce shall select one 
individual who is experienced in renewable energy and energy 
efficiency products and technologies to be assigned by the 
Secretary of Commerce to an office of the United States and 
Foreign Commercial Service in the Pacific Rim, and one such 
individual to be assigned by the Secretary of Commerce to an 
office of the United States and Foreign Commercial Service in 
the Caribbean Basin, for the sole purpose of providing 
information concerning domestic renewable energy and energy 
efficiency products, technologies, and industries to 
territories, foreign governments, industries, and other 
appropriate persons.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary for the purposes of this 
section $500,000 for each of the fiscal years 1993 and 1994, 
and such sums as may be necessary for fiscal year 1995.

SEC. 1211.\8\ INNOVATIVE RENEWABLE ENERGY TECHNOLOGY TRANSFER PROGRAM.

    (a) Establishment of Program.--The Secretary, through the 
Agency for International Development, and in consultation with 
the other members of the interagency working group established 
under section 256(d) of Energy Policy and Conservation Act (in 
this section referred to as the ``interagency working group''), 
shall establish a renewable energy technology transfer program 
to carry out the purposes described in subsection (b). Within 
150 days after the date of the enactment of this Act, the 
Secretary and the Administrator of the Agency for International 
Development shall enter into a written agreement to carry out 
this section. The agreement shall establish a procedure for 
resolving any disputes between the Secretary and the 
Administrator regarding the implementation of specific 
projects. With respect to countries not assisted by the Agency 
for International Development, the Secretary may enter into 
agreements with other appropriate Federal agencies. If the 
Secretary and the Administrator, or the Secretary and an agency 
described in the previous sentence, are unable to reach an 
agreement, each shall send a memorandum to the President 
outlining an appropriate agreement. Within 90 days after 
receipt of either memorandum, the President shall determine 
which version of the agreement shall be in effect. Any 
agreement entered into under this subsection shall be provided 
to the appropriate committees of the Congress and made 
available to the public.
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 13316.
---------------------------------------------------------------------------
    (b) Purposes of the Program.--The purposes of the 
technology transfer program under this section are to--
          (1) reduce the United States balance of trade deficit 
        through the export of United States renewable energy 
        technologies and technological expertise;
          (2) retain and create manufacturing and related 
        service jobs in the United States;
          (3) encourage the export of United States renewable 
        energy technologies, including services related 
        thereto, to those countries that have a need for 
        developmentally sound facilities to provide energy 
        derived from renewable resources;
          (4) develop markets for United States renewable 
        energy technologies to be utilized in meeting the 
        energy and environmental requirements of foreign 
        countries;
          (5) better ensure that United States participation in 
        energy-related projects in foreign countries includes 
        participation by United States firms as well as 
        utilization of United States technologies that have 
        been developed or demonstrated in the United States 
        through publicly or privately funded demonstration 
        programs;
          (6) ensure the introduction of United States firms 
        and expertise in foreign countries;
          (7) provide financial assistance by the Federal 
        Government to foster greater participation by United 
        States firms in the financing, ownership, design, 
        construction, or operation of renewable energy 
        technology projects in foreign countries;
          (8) assist foreign countries in meeting their energy 
        needs through the use of renewable energy in an 
        environmentally acceptable manner, consistent with 
        sustainable development policies; and
          (9) assist United States firms, especially firms that 
        are in competition with firms in foreign countries, to 
        obtain opportunities to transfer technologies to, or 
        undertake projects in, foreign countries.
    (c) Identification.--Pursuant to the agreements required by 
subsection (a), the Secretary, through the Agency for 
International Development, and after consultation with the 
interagency working group, United States firms, and 
representatives from foreign countries, shall develop 
mechanisms to identify potential energy projects in host 
countries, and shall identify a list of such projects within 
240 days after the date of the enactment of this Act, and 
periodically thereafter.
    (d) Financial Mechanisms.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall--
          (A) establish appropriate financial mechanisms to 
        increase the participation of United States firms in 
        energy projects utilizing United States renewable 
        energy technologies, and services related thereto, in 
        developing countries;
          (B) utilize available financial assistance authorized 
        by this section to counterbalance assistance provided 
        by foreign governments to non-United States firms; and
          (C) provide financial assistance to support projects.
    (2) The financial assistance authorized by this section may 
be--
          (A) provided in combination with other forms of 
        financial assistance, including non-United States 
        funding that is available to the project; and
          (B) utilized to assist United States firms in the 
        development of innovative financing packages for 
        renewable energy technology projects that utilize other 
        financial assistance programs available through the 
        Federal Government.
    (3) United States obligations under the Arrangement on 
Guidelines for Officially Supported Export Credits established 
through the Organization for Economic Cooperation and 
Development shall be applicable to this section.
    (e) Solicitations for Project Proposals.--(1) Pursuant to 
the agreements under subsection (a), the Secretary, through the 
Agency for International Development, within one year after the 
date of the enactment of this Act, and subsequently as 
appropriate thereafter, shall solicit proposals from United 
States firms for the design, construction, testing, and 
operation of the project or projects identified under 
subsection (c) which propose to utilize a United States 
renewable energy technology. Each solicitation under this 
section shall establish a closing date for receipt of 
proposals.
    (2) The solicitation under this subsection shall, to the 
extent appropriate, be modeled after the RFP No. DE-PS01-
90FE62271 Clean Coal Technology IV, as administered by the 
Department of Energy.
    (3) Any solicitation made under this subsection shall 
include the following requirements:
          (A) The United States firm that submits a proposal in 
        response to the solicitation shall have an equity 
        interest in the proposed project.
          (B) The project shall utilize a United States 
        renewable energy technology, including services related 
        thereto, in meeting the applicable energy and 
        environmental requirements of the host country.
          (C) Proposals for projects shall be submitted by and 
        undertaken with a United States firm, although a joint 
        venture or other teaming arrangement with a non-United 
        States manufacturer or other non-United States entity 
        is permissible.
    (f) Assistance to United States Firms.--Pursuant to the 
agreements under subsection (a), the Secretary, through the 
Agency for International Development, and in consultation with 
the interagency working group, shall establish a procedure to 
provide financial assistance to United States firms under this 
section for a project identified under subsection (c) where 
solicitations for the project are being conducted by the host 
country or by a multilateral lending institution.
    (g) Other Program Requirements.--Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, and in consultation with the working 
group, shall--
          (1) establish eligibility criteria for host 
        countries;
          (2) periodically review the energy needs of such 
        countries and export opportunities for United States 
        firms for the development of projects in such 
        countries;
          (3) consult with government officials in host 
        countries and, as appropriate, with representatives of 
        utilities or other entities in host countries, to 
        determine interest in and support for potential 
        projects; and
          (4) determine whether each project selected under 
        this section is developmentally sound, as determined 
        under the criteria developed by the Development 
        Assistance Committee of the Organization for Economic 
        Cooperation and Development.
    (h) Selection of Projects.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall, not later than 120 days after 
receipt of proposals in response to a solicitation under 
subsection (e), select one or more proposals under this 
section.
    (2) In selecting a proposal under this section, the 
Secretary, through the Agency for International Development, 
shall consider--
          (A) the ability of the United States firm, in 
        cooperation with the host country, to undertake and 
        complete the project;
          (B) the degree to which the equipment to be included 
        in the project is designed and manufactured in the 
        United States;
          (C) the long-term technical and competitive viability 
        of the United States technology, and services related 
        thereto, and the ability of the United States firm to 
        compete in the development of additional energy 
        projects using such technology in the host country and 
        in other foreign countries;
          (D) the extent of technical and financial involvement 
        of the host country in the project;
          (E) the extent to which the proposed project meets 
        the purposes stated in section 1201(b);
          (F) the extent of technical, financial, management, 
        and marketing capabilities of the participants in the 
        project, and the commitment of the participants to 
        completion of a successful project in a manner that 
        will facilitate acceptance of the United States 
        technology for future application; and
          (G) such other criteria as may be appropriate.
    (3) In selecting among proposed projects, the Secretary 
shall seek to ensure that, relative to otherwise comparable 
projects in the host country, a selected project will meet 1 or 
more of the following criteria:
          (A) It will reduce environmental emissions to an 
        extent greater than required by applicable provisions 
        of law.
          (B) It will make greater use of indigenous renewable 
        energy resources.
          (C) It will be a more cost-effective technological 
        alternative, based on life cycle capital and operating 
        costs per unit of energy produced and, where 
        applicable, costs per unit of product produced. 
        Priority in selection shall be given to those projects 
        which, in the judgment of the Secretary, best meet one 
        or more of these criteria.
    (i) United States-Asia Environmental Partnership.--
Activities carried out under this section shall be coordinated 
with the United States-Asia Environmental Partnership.
    (j) Buy America.--In carrying out this section, the 
Secretary, through the Agency for International Development, 
and pursuant to the agreements under subsection (a), shall 
ensure--
          (1) the maximum percentage, but in no case less than 
        50 percent, of the cost of any equipment furnished in 
        connection with a project authorized under this section 
        shall be attributable to the manufactured United States 
        components of such equipment; and
          (2) the maximum participation of United States firms.
In determining whether the cost of United States components 
equals or exceeds 50 percent, the cost of assembly of such 
United States components in the host country shall not be 
considered a part of the cost of such United States component.
    (k) Reports to Congress.--The Secretary and the 
Administrator of the Agency for International Development shall 
report annually to the Committee on Energy and Natural 
Resources of the Senate and the appropriate committees of the 
House of Representatives on the progress being made to 
introduce renewable energy technologies into foreign countries.
    (l) Definitions.--For purposes of this section--
          (1) the term ``host country'' means a foreign country 
        which is--
                  (A) the participant in or the site of the 
                proposed renewable energy technology project; 
                and
                  (B) either--
                          (i) classified as a country eligible 
                        to participate in development 
                        assistance programs of the Agency for 
                        International Development pursuant to 
                        applicable law or regulation; or
                          (ii) a developing country.
          (2) the term ``developing country'' includes, but is 
        not limited to, countries in Central and Eastern Europe 
        or in the independent states of the former Soviet 
        Union.
    (m) Authorization for Program.--There are authorized to be 
appropriated to the Secretary to carry out the program required 
by this section, $100,000,000 for each of the fiscal years 
1993, 1994, 1995, 1996, 1997, and 1998.

SEC. 1212.\9\ RENEWABLE ENERGY PRODUCTION INCENTIVE.

    (a) Incentive Payments.--
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 13317.
---------------------------------------------------------------------------
          (1) \10\ For electric energy generated and sold by a 
        qualified renewable energy facility during the 
        incentive period, the Secretary shall make, subject to 
        the availability of appropriations, incentive payments 
        to the owner or operator of such facility.
---------------------------------------------------------------------------
    \10\ Sec. 202(a) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 651) designated each of the first three sentences of 
subsec. (a) as paras. (1), (2), and (3), struck out the fourth sentence 
of subsec. (a), and added para. (4). The fourth sentence of subsec. (a) 
previously read as follows: ``Such application shall be in such form, 
and shall be submitted at such time, as the Secretary shall 
establish.''
---------------------------------------------------------------------------
          (2) \10\ The amount of such payment made to any such 
        owner or operator shall be as determined under 
        subsection (e).
          (3) \10\ Payments under this section may only be made 
        upon receipt by the Secretary of an incentive payment 
        application which establishes that the applicant is 
        eligible to receive such payment.\11\
---------------------------------------------------------------------------
    \11\ Sec. 202(a)(3) of the Energy Policy Act of 2005 (Public Law 
109-58; 119 Stat. 651) struck out ``and which satisfies such other 
requirements as the Secretary deems necessary'' which previously 
appeared at this point.
---------------------------------------------------------------------------
          (4) \10\ (A) Subject to subparagraph (B), if there 
        are insufficient appropriations to make full payments 
        for electric production from all qualified renewable 
        energy facilities for a fiscal year, the Secretary 
        shall assign--
                  (i) 60 percent of appropriated funds for the 
                fiscal year to facilities that use solar, wind, 
                ocean (including tidal, wave, current, and 
                thermal), geothermal, or closed-loop (dedicated 
                energy crops) biomass technologies to generate 
                electricity; and
                  (ii) 40 percent of appropriated funds for the 
                fiscal year to other projects.
          (B) After submitting to Congress an explanation of 
        the reasons for the alteration, the Secretary may alter 
        the percentage requirements of subparagraph (A).
    (b) Qualified Renewable Energy Facility.--For purposes of 
this section, a qualified renewable energy facility is a 
facility which is owned by a not-for-profit electric 
cooperative, a public utility described in section 115 of the 
Internal Revenue Code of 1986, a State, Commonwealth, 
territory, or possession of the United States, or the District 
of Columbia, or a political subdivision thereof, an Indian 
tribal government or subdivision thereof, or a Native 
Corporation (as defined in section 3 of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602)),\12\ and which 
generates electric energy for sale in, or affecting, interstate 
commerce using solar, wind, biomass, landfill gas, livestock 
methane, ocean (including tidal, wave, current, and 
thermal),\13\ or geothermal energy, except that--
---------------------------------------------------------------------------
    \12\ Sec. 202(b)(1) of the Energy Policy Act of 2005 (Public Law 
109-58; 119 Stat. 651) struck out ``a State or any political 
subdivision of a State (or an agency, authority, or instrumentality of 
a State or a political subdivision), by any corporation or association 
which is wholly owned, directly or indirectly, by one or more of the 
foregoing, or by a nonprofit electrical cooperative'' and inserted in 
lieu thereof ``a not-for-profit electric cooperative, a public utility 
described in section 115 of the Internal Revenue Code of 1986, a State, 
Commonwealth, territory, or possession of the United States, or the 
District of Columbia, or a political subdivision thereof, an Indian 
tribal government or subdivision thereof, or a Native Corporation (as 
defined in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602))''.
    \13\ Sec. 202(b)(2) of the Energy Policy Act of 2005 (Public Law 
109-58; 119 Stat. 651) inserted ``landfill gas, livestock methane, 
ocean (including tidal, wave, current, and thermal),''.
---------------------------------------------------------------------------
          (1) the burning of municipal solid waste shall not be 
        treated as using biomass energy; and
          (2) geothermal energy shall not include energy 
        produced from a dry steam geothermal reservoir which 
        has--
                  (A) no mobile liquid in its natural state;
                  (B) steam quality of 95 percent water; and
                  (C) an enthalpy for the total produced fluid 
                greater than or equal to 1200 Btu/lb (British 
                thermal units per pound).
    (c) Eligibility Window.--Payments may be made under this 
section only for electricity generated from a qualified 
renewable energy facility first used before October 1, 
2016.\14\
---------------------------------------------------------------------------
    \14\ Sec. 202(c) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 651) struck out ``during the 10-fiscal year period 
beginning with the first full fiscal year occurring after the enactment 
of this section'' and inserted in lieu thereof ``before October 1, 
2016''.
---------------------------------------------------------------------------
    (d) Payment Period.--A qualified renewable energy facility 
may receive payments under this section for a 10-fiscal year 
period. Such period shall begin with the fiscal year in which 
electricity generated from the facility is first eligible for 
such payments, or in which the Secretary determines that all 
necessary Federal and State authorizations have been obtained 
to begin construction of the facility.\15\
---------------------------------------------------------------------------
    \15\ Sec. 202(d) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 651) inserted ``, or in which the Secretary determines 
that all necessary Federal and State authorizations have been obtained 
to begin construction of the facility''.
---------------------------------------------------------------------------
    (e) Amount of Payment.--
          (1) In general.--Incentive payments made by the 
        Secretary under this section to the owner or operator 
        of any qualified renewable energy facility shall be 
        based on the number of kilowatt hours of electricity 
        generated by the facility through the use of solar, 
        wind, biomass, landfill gas, livestock methane, ocean 
        (including tidal, wave, current, and thermal),\16\ or 
        geothermal energy during the payment period referred to 
        in subsection (d). For any facility, the amount of such 
        payment shall be 1.5 cents per kilowatt hour, adjusted 
        as provided in paragraph (2).
---------------------------------------------------------------------------
    \16\ Sec. 202(e) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 651) inserted ``landfill gas, livestock methane, ocean 
(including tidal, wave, current, and thermal),''.
---------------------------------------------------------------------------
          (2) Adjustments.--The amount of the payment made to 
        any person under this subsection as provided in 
        paragraph (1) shall be adjusted for inflation for each 
        fiscal year beginning after calendar year 1993 in the 
        same manner as provided in the provisions of section 
        29(d)(2)(B) of the Internal Revenue Code of 1986, 
        except that in applying such provisions the calendar 
        year 1993 shall be substituted for calendar year 1979.
    (f) Sunset.--No payment may be made under this section to 
any facility after September 30, 2026,\17\ and no payment may 
be made under this section to any facility after a payment has 
been made with respect to such facility for a 10-fiscal year 
period.
---------------------------------------------------------------------------
    \17\ Sec. 202(f) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 652) struck out ``the expiration of the 20-fiscal year 
period beginning with the first full fiscal year occurring after the 
enactment of this section'' and inserted in lieu thereof ``September 
30, 2026''.
---------------------------------------------------------------------------
    (g) \18\ Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to 
carry out this section for each of fiscal years 2006 through 
2026, to remain available until expended.
---------------------------------------------------------------------------
    \18\ Sec. 202(g) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 652) struck out subsec. (g) and inserted in lieu thereof 
a new subsec. (g). Subsec. (g) previously read as follows:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 1993, 1994, and 1995 
such sums as may be necessary to carry out the purposes of this 
section.''.
---------------------------------------------------------------------------

                            TITLE XIII--COAL

          * * * * * * *

                   Subtitle C--Other Coal Provisions

SEC. 1331.\19\ CLEAN COAL TECHNOLOGY EXPORT PROMOTION AND INTERAGENCY 
                    COORDINATION.

    (a) Establishment.--There shall be established within the 
Trade Promotion Coordinating Committee (established by the 
President on May 23, 1990) a Clean Coal Technology Subgroup (in 
this subtitle referred to as the ``CCT Subgroup'') to focus 
interagency efforts on clean coal technologies. The CCT 
Subgroup shall seek to expand the export and use of clean coal 
technologies, particularly in those countries which can benefit 
from gains in the efficiency of, and the control of 
environmental emissions from, coal utilization.
---------------------------------------------------------------------------
    \19\ 42 U.S.C. 13361.
---------------------------------------------------------------------------
    (b) Membership.--The CCT Subgroup shall include 1 member 
from each agency represented on the Energy, Environment, and 
Infrastructure Working Group of the Trade Promotion 
Coordinating Committee as of the date of enactment of this Act. 
The Secretary shall serve as chair of the CCT Subgroup and 
shall be responsible for ensuring that the functions of the CCT 
Subgroup are carried out through its member agencies.
    (c) Consultation.--(1) In carrying out this section, the 
CCT Subgroup shall consult with representatives from the United 
States coal industry, representatives of railroads and other 
transportation industries, organizations representing workers, 
the electric utility industry, manufacturers of equipment 
utilizing clean coal technology, members of organizations 
formed to further the goals of environmental protection or to 
promote the development and use of clean coal technologies that 
are developed, manufactured, or controlled by United States 
firms, and other appropriate interested members of the public.
    (2) The CCT Subgroup shall maintain ongoing liaison with 
other elements of the Trade Promotion Coordinating Committee 
relating to clean coal technologies or regions where these 
technologies could be important, including Eastern Europe, 
Asia, and the Pacific.
    (d) Duties.--The Secretary, acting through the CCT 
Subgroup, shall--
          (1) facilitate the establishment of technical 
        training for the consideration, planning, construction, 
        and operation of clean coal technologies by end users 
        and international development personnel;
          (2) facilitate the establishment of and, where 
        practicable, cause to be established, consistent with 
        the goals and objectives stated in section 1301(a), 
        within existing departments and agencies--
                  (A) financial assistance programs (including 
                grants, loan guarantees, and no interest and 
                low interest loans) to support prefeasibility 
                and feasibility studies for projects that will 
                utilize clean coal technologies; and
                  (B) loan guarantee programs, grants, and no 
                interest and low interest loans designed to 
                facilitate access to capital and credit in 
                order to finance such clean coal technology 
                projects;
          (3) develop and ensure the execution of programs, 
        including the establishment of financial incentives, to 
        encourage and support private sector efforts in exports 
        of clean coal technologies that are developed, 
        manufactured, or controlled by United States firms;
          (4) encourage the training in, and understanding of, 
        clean coal technologies by representatives of foreign 
        companies or countries intending to use coal or clean 
        coal technologies by providing technical or financial 
        support for training programs, workshops, and other 
        educational programs sponsored by United States firms;
          (5) educate loan officers and other officers of 
        international lending institutions, commercial and 
        energy attaches of the United States, and such other 
        personnel as the CCT Subgroup considers appropriate, 
        for the purposes of providing information about clean 
        coal technologies to foreign governments or potential 
        project sponsors of clean coal technology projects;
          (6) develop policies and practices to be conducted by 
        commercial and energy attaches of the United States, 
        and such other personnel as the CCT Subgroup considers 
        appropriate, in order to promote the exports of clean 
        coal technologies to those countries interested in or 
        intending to utilize coal resources;
          (7) augment budgets for trade and development 
        programs supported by Federal agencies for the purpose 
        of financially supporting prefeasibility or feasibility 
        studies for projects in foreign countries that will 
        utilize clean coal technologies;
          (8) review ongoing clean coal technology projects and 
        review and advise Federal agencies on the approval of 
        planned clean coal technology projects which are 
        sponsored abroad by any Federal agency to determine 
        whether such projects are consistent with the overall 
        goals and objectives of this section;
          (9) coordinate the activities of the appropriate 
        Federal agencies in order to ensure that Federal clean 
        coal technology export promotion policies are 
        implemented in a timely fashion;
          (10) work with CCT Subgroup member agencies to 
        develop an overall strategy for promoting clean coal 
        technology exports, including setting goals and 
        allocating specific responsibilities among member 
        agencies, consistent with applicable statutes; and
          (11) coordinate with multilateral institutions to 
        ensure that United States technologies are properly 
        represented in their projects.
    (e) Data and Information.--(1) The CCT Subgroup, consistent 
with other applicable provisions of law, shall ensure the 
development of a comprehensive data base and information 
dissemination system, using the National Trade Data Bank and 
the Commercial Information Management System of the Department 
of Commerce, relating to the availability of clean coal 
technologies and the potential need for such technologies, 
particularly in developing countries and countries making the 
transition from nonmarket to market economies.
    (2) The Secretary, acting through the CCT Subgroup, shall 
assess and prioritize foreign markets that have the most 
potential for the export of clean coal technologies that are 
developed, manufactured, or controlled by United States firms. 
Such assessment shall include--
          (A) an analysis of the financing requirements for 
        clean coal technology projects in foreign countries and 
        whether such projects are dependent upon financial 
        assistance from foreign countries or multilateral 
        institutions;
          (B) the availability of other fuel or energy 
        resources that may be available to meet the energy 
        requirements intended to be met by the clean coal 
        technology projects;
          (C) the priority of environmental considerations in 
        the selection of such projects;
          (D) the technical competence of those entities likely 
        to be involved in the planning and operation of such 
        projects;
          (E) an objective comparison of the environmental, 
        energy, and economic performance of each clean coal 
        technology relative to conventional technologies;
          (F) a list of United States vendors of clean coal 
        technologies; and
          (G) answers to commonly asked questions about clean 
        coal technologies,\20\
---------------------------------------------------------------------------
    \20\ As enrolled. Should probably be a period.
---------------------------------------------------------------------------
The Secretary, acting through the CCT Subgroup, shall make such 
information available to the House of Representatives and the 
Senate, and to the appropriate committees of each House of 
Congress, industry, Federal and international financing 
organizations, nongovernmental organizations, potential 
customers abroad, governments of countries where such clean 
coal technologies might be used, and such others as the CCT 
Subgroup considers appropriate.
    (f) Report.--Within 180 days after the Secretary submits 
the report to the Congress as required by section 409 of Public 
Law 101-549, the Secretary, acting through the CCT Subgroup, 
shall provide to the appropriate committees of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate, a plan which details actions to be 
taken in order to address those recommendations and findings 
made in the report submitted pursuant to section 409 of Public 
Law 101-549. As a part of the plan required by this subsection, 
the Secretary, acting through the CCT Subgroup, shall 
specifically address the adequacy of financial assistance 
available from Federal departments and agencies and 
international financing organizations to aid in the financing 
of prefeasibility and feasibility studies and projects that 
would use a clean coal technology in developing countries and 
countries making the transition from nonmarket to market 
economies.

SEC. 1332.\21\ INNOVATIVE CLEAN COAL TECHNOLOGY TRANSFER PROGRAM.

    (a) Establishment of Program.--The Secretary, through the 
Agency for International Development, and in consultation with 
the other members of the CCT Subgroup, shall establish a clean 
coal technology transfer program to carry out the purposes 
described in subsection (b). Within 150 days after the date of 
enactment of this Act, the Secretary and the Administrator of 
the Agency for International Development shall enter into a 
written agreement to carry out this section. The agreement 
shall establish a procedure for resolving any disputes between 
the Secretary and the Administrator regarding the 
implementation of specific projects. With respect to countries 
not assisted by the Agency for International Development, the 
Secretary may enter into agreements with other appropriate 
United States agencies. If the Secretary and the Administrator, 
or the Secretary and an agency described in the previous 
sentence, are unable to reach an agreement, each shall send a 
memorandum to the President outlining an appropriate agreement. 
Within 90 days after receipt of either memorandum, the 
President shall determine which version of the agreement shall 
be in effect. Any agreement entered into under this subsection 
shall be provided to the appropriate committees of the Congress 
and made available to the public.
---------------------------------------------------------------------------
    \21\ 42 U.S.C. 13362.
---------------------------------------------------------------------------
    (b) Purposes of the Program.--The purposes of the 
technology transfer program under this section are to--
          (1) reduce the United States balance of trade deficit 
        through the export of United States energy technologies 
        and technological expertise;
          (2) retain and create manufacturing and related 
        service jobs in the United States;
          (3) encourage the export of United States 
        technologies, including services related thereto, to 
        those countries that have a need for developmentally 
        sound facilities to provide energy derived from coal 
        resources;
          (4) develop markets for United States technologies 
        and, where appropriate, United States coal resources to 
        be utilized in meeting the energy and environmental 
        requirements of foreign countries;
          (5) better ensure that United States participation in 
        energy-related projects in foreign countries includes 
        participation by United States firms as well as 
        utilization of United States technologies that have 
        been developed or demonstrated in the United States 
        through publicly or privately funded demonstration 
        programs;
          (6) provide for the accelerated deployment of United 
        States technologies that will serve to introduce into 
        foreign countries United States technologies intended 
        to use coal resources in a more efficient, cost-
        effective, and environmentally acceptable manner;
          (7) serve to ensure the introduction of United States 
        firms and expertise in foreign countries;
          (8) provide financial assistance by the Federal 
        Government to foster greater participation by United 
        States firms in the financing, ownership, design, 
        construction, or operation of clean coal technology 
        projects in foreign countries;
          (9) assist foreign countries in meeting their energy 
        needs through the use of coal in an environmentally 
        acceptable manner, consistent with sustainable 
        development policies; and
          (10) assist United States firms, especially firms 
        that are in competition with firms in foreign 
        countries, to obtain opportunities to transfer 
        technologies to, or undertake projects in, foreign 
        countries.
    (c) Identification.--Pursuant to the agreements required by 
subsection (a), the Secretary, through the Agency for 
International Development, and after consultation with the CCT 
Subgroup, United States firms, and representatives from foreign 
countries, shall develop mechanisms to identify potential 
energy projects in host countries, and shall identify a list of 
such projects within 240 days after the date of enactment of 
this Act, and periodically thereafter.
    (d) Financial Mechanisms.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall--
          (A) establish appropriate financial mechanisms to 
        increase the participation of United States firms in 
        energy projects utilizing United States clean coal 
        technologies, and services related thereto, in 
        developing countries and countries making the 
        transition from nonmarket to market economies;
          (B) utilize available financial assistance authorized 
        by this section to counterbalance assistance provided 
        by foreign governments to non-United States firms; and
          (C) provide financial assistance to support projects, 
        including--
                  (i) financing the incremental costs of a 
                clean coal technology project attributable only 
                to expenditures to prevent or abate emissions;
                  (ii) providing the difference between the 
                costs of a conventional energy project in the 
                host country and a comparable project that 
                would utilize a clean coal technology capable 
                of achieving greater efficiency of energy 
                products and improved environmental emissions 
                compared to such conventional project; and
                  (iii) such other forms of financial 
                assistance as the Secretary, through the Agency 
                for International Development, considers 
                appropriate.
    (2) The financial assistance authorized by this section may 
be--
          (A) provided in combination with other forms of 
        financial assistance, including non-United States 
        funding that is available to the project; and
          (B) utilized to assist United States firms to develop 
        innovative financing packages for clean coal technology 
        projects that seek to utilize other financial 
        assistance programs available through other Federal 
        agencies.
    (3) United States obligations under the Arrangement on 
Guidelines for Officially Supported Export Credits established 
through the Organization for Economic Cooperation and 
Development shall be applicable to this section.
    (e) Solicitations for Project Proposals.--(1) Pursuant to 
the agreements under subsection (a), the Secretary, through the 
Agency for International Development, within one year after the 
date of enactment of this Act, and subsequently as appropriate 
thereafter, shall solicit proposals from United States firms 
for the design, construction, testing, and operation of the 
project or projects identified under subsection (c) which 
propose to utilize a United States technology. Each 
solicitation under this section shall establish a closing date 
for receipt of proposals.
    (2) The solicitation under this subsection shall, to the 
extent appropriate, be modeled after the RFP No. DE-PS01-
90FE62271 Clean Coal Technology IV as administered by the 
Department of Energy.
    (3) Any solicitation made under this subsection shall 
include the following requirements:
          (A) The United States firm that submits a proposal in 
        response to the solicitation shall have an equity 
        interest in the proposed project.
          (B) The project shall utilize a United States clean 
        coal technology, including services related thereto, 
        and, where appropriate, United States coal resources, 
        in meeting the applicable energy and environmental 
        requirements of the host country.
          (C) Proposals for projects shall be submitted by and 
        undertaken with a United States firm, although a joint 
        venture or other teaming arrangement with a non-United 
        States manufacturer or other non-United States entity 
        is permissible.
    (f) Assistance to United States Firms.--Pursuant to the 
agreements under subsection (a), the Secretary, through the 
Agency for International Development, and in consultation with 
the CCT Subgroup, shall establish a procedure to provide 
financial assistance to United States firms under this section 
for a project identified under subsection (c) where 
solicitations for the project are being conducted by the host 
country or by a multilateral lending institution.
    (g) Other Program Requirements.--Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, and in consultation with the CCT 
Subgroup, shall--
          (1) establish eligibility criteria for countries that 
        will host projects;
          (2) periodically review the energy needs of such 
        countries and export opportunities for United States 
        firms for the development of projects in such 
        countries;
          (3) consult with government officials in host 
        countries and, as appropriate, with representatives of 
        utilities or other entities in host countries, to 
        determine interest in and support for potential 
        projects; and
          (4) determine whether each project selected under 
        this section is developmentally sound, as determined 
        under the criteria developed by the Development 
        Assistance Committee of the Organization for Economic 
        Cooperation and Development.
    (h) Selection of Projects.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall, not later than 120 days after 
receipt of proposals in response to a solicitation under 
subsection (e), select one or more proposals under this 
section.
    (2) In selecting a proposal under this section, the 
Secretary, through the Agency for International Development, 
shall consider--
          (A) the ability of the United States firm, in 
        cooperation with the host country, to undertake and 
        complete the project;
          (B) the degree to which the equipment to be included 
        in the project is designed and manufactured in the 
        United States;
          (C) the long-term technical and competitive viability 
        of the United States technology, and services related 
        thereto, and the ability of the United States firm to 
        compete in the development of additional energy 
        projects using such technology in the host country and 
        in other foreign countries;
          (D) the extent of technical and financial involvement 
        of the host country in the project;
          (E) the extent to which the proposed project meets 
        the goals and objectives stated in section 1301(a); 
        \22\
---------------------------------------------------------------------------
    \22\ See 42 U.S.C. 13331.
---------------------------------------------------------------------------
          (F) the extent of technical, financial, management, 
        and marketing capabilities of the participants in the 
        project, and the commitment of the participants to 
        completion of a successful project in a manner that 
        will facilitate acceptance of the United States 
        technology for future application; and
          (G) such other criteria as may be appropriate.
    (3) In selecting among proposed projects, the Secretary 
shall seek to ensure that, relative to otherwise comparable 
projects in the host country, a selected project will meet 1 or 
more of the following criteria:
          (A) It will reduce environmental emissions to an 
        extent greater than required by applicable provisions 
        of law.
          (B) It will increase the overall efficiency of the 
        utilization of coal, including energy conversion 
        efficiency and, where applicable, production of 
        products derived from coal.
          (C) It will be a more cost-effective technological 
        alternative, based on life cycle capital and operating 
        costs per unit of energy produced and, where 
        applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, 
in the judgment of the Secretary, best meet one or more of 
these criteria.
    (i) United States-Asia Environmental Partnership.--
Activities carried out under this section shall be coordinated 
with the United States-Asia Environmental Partnership.
    (j) Buy America.--In carrying out this section, the 
Secretary, through the Agency for International Development, 
and pursuant to the agreements under subsection (a), shall 
ensure--
          (1) the maximum percentage, but in no case less than 
        50 percent, of the cost of any equipment furnished in 
        connection with a project authorized under this section 
        shall be attributable to the manufactured United States 
        components of such equipment; and
          (2) the maximum participation of United States firms.
In determining whether the cost of United States components 
equals or exceeds 50 percent, the cost of assembly of such 
United States components in the host country shall not be 
considered a part of the cost of such United States component.
    (k) Reports to Congress.--The Secretary and the 
Administrator of the Agency for International Development shall 
report annually to the Committee on Energy and Natural 
Resources of the Senate and the appropriate committees of the 
House of Representatives on the progress being made to 
introduce clean coal technologies into foreign countries.
    (l) Definition.--For purposes of this section, the term 
``host country'' means a foreign country which is--
          (1) the participant in or the site of the proposed 
        clean coal technology project; and
          (2) either--
                  (A) classified as a country eligible to 
                participate in development assistance programs 
                of the Agency for International Development 
                pursuant to applicable law or regulation; or
                  (B) a developing country or country with an 
                economy in transition from a nonmarket to a 
                market economy.
    (m) Authorization for Program.--There are authorized to be 
appropriated to the Secretary to carry out the program required 
by this section, $100,000,000 for each of the fiscal years 
1993, 1994, 1995, 1996, 1997, and 1998.

SEC. 1333.\23\ CONVENTIONAL COAL TECHNOLOGY TRANSFER.

    If the Secretary determines that the utilization of a clean 
coal technology is not practicable for a proposed project and 
that a United States conventional coal technology would 
constitute a substantial improvement in efficiency, costs, and 
environmental performance relative to the technology being used 
in a developing country or country making the transition from 
nonmarket to market economies, with significant indigenous coal 
resources, such technology shall, for purposes of sections 1321 
and 1322, be considered a clean coal technology. In the case of 
combustion technologies, only the retrofit, repowering, or 
replacement of a conventional technology shall constitute a 
substantial improvement for purposes of this section. In 
carrying out this section, the Secretary shall give highest 
priority to promoting the most environmentally sound and energy 
efficient technologies.
---------------------------------------------------------------------------
    \23\ 42 U.S.C. 13363.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1338.\24\ COAL EXPORTS.

    (a) Plan.--Within 180 days after the date of enactment of 
this Act, the Secretary of Commerce, in cooperation with the 
Secretary and other appropriate Federal agencies, shall submit 
to the appropriate committees of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate 
a plan for expanding exports of coal mined in the United 
States.
---------------------------------------------------------------------------
    \24\ 42 U.S.C. 13367.
---------------------------------------------------------------------------
    (b) Plan Contents.--The plan submitted under subsection (a) 
shall include--
          (1) a description of the location, size, and 
        projected growth in potential export markets for coal 
        mined in the United States;
          (2) the identification by country of the foreign 
        trade barriers to the export of coal mined in the 
        United States, including foreign coal production and 
        utilization subsidies, tax treatment, labor practices, 
        tariffs, quotas, and other nontariff barriers;
          (3) recommendations and a plan for addressing any 
        such trade barriers;
          (4) an evaluation of existing infrastructure in the 
        United States and any new infrastructure requirements 
        in the United States to support an expansion of exports 
        of coal mined in the United States, including ports, 
        vessels, rail lines, and any other supporting 
        infrastructure; and
          (5) an assessment of environmental implications of 
        coal exports and the identification of export 
        opportunities for blending coal mined in the United 
        States with coal indigenous to other countries to 
        enhance energy efficiency and environmental 
        performance.
          * * * * * * *

SEC. 1341.\25\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for carrying out this subtitle, other than section 1322,\26\ 
such sums as may be necessary for fiscal years 1993 through 
1998.
---------------------------------------------------------------------------
    \25\ 42 U.S.C. 13370.
    \26\ As enrolled. Should read ``section 1332,''.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE XVI--GLOBAL CLIMATE CHANGE

SEC. 1601.\27\ REPORT.

    Not later than 2 years after the date of the enactment of 
this Act, the Secretary shall submit a report to the Congress 
that includes an assessment of--
---------------------------------------------------------------------------
    \27\ 42 U.S.C. 13381.
---------------------------------------------------------------------------
          (1) the feasibility and economic, energy, social, 
        environmental, and competitive implications, including 
        implications for jobs, of stabilizing the generation of 
        greenhouse gases in the United States by the year 2005;
          (2) the recommendations made in chapter 9 of the 1991 
        National Academy of Sciences report entitled ``Policy 
        Implications of Greenhouse Warming'', including an 
        analysis of the benefits and costs of each 
        recommendation;
          (3) the extent to which the United States is 
        responding, compared with other countries, to the 
        recommendations made in chapter 9 of the 1991 National 
        Academy of Sciences report;
          (4) the feasibility of reducing the generation of 
        greenhouse gases;
          (5) the feasibility and economic, energy, social, 
        environmental, and competitive implications, including 
        implications for jobs, of achieving a 20 percent 
        reduction from 1988 levels in the generation of carbon 
        dioxide by the year 2005 as recommended by the 1988 
        Toronto Scientific World Conference on the Changing 
        Atmosphere;
          (6) the potential economic, energy, social, 
        environmental, and competitive implications, including 
        implications for jobs, of implementing the policies 
        necessary to enable the United States to comply with 
        any obligations under the United Nations Framework 
        Convention on Climate Change or subsequent 
        international agreements.

SEC. 1602.\28\ LEAST-COST ENERGY STRATEGY.

    (a) Strategy.--The first National Energy Policy Plan (in 
this title referred to as the ``Plan'') under section 801 of 
the Department of Energy Organization Act (42 U.S.C. 7321) 
prepared and required to be submitted by the President to 
Congress after February 1, 1993, and each subsequent such Plan, 
shall include a least-cost energy strategy prepared by the 
Secretary. In developing the least-cost energy strategy, the 
Secretary shall take into consideration the economic, energy, 
social, environmental, and competitive costs and benefits, 
including costs and benefits for jobs, of his choices. Such 
strategy shall also take into account the report required under 
section 1601 and relevant Federal, State, and local 
requirements. Such strategy shall be designed to achieve to the 
maximum extent practicable and at least-cost to the Nation--
---------------------------------------------------------------------------
    \28\ 42 U.S.C. 13382.
---------------------------------------------------------------------------
          (1) the energy production, utilization, and energy 
        conservation priorities of subsection (d);
          (2) the stabilization and eventual reduction in the 
        generation of greenhouse gases;
          (3) an increase in the efficiency of the Nation's 
        total energy use by 30 percent over 1988 levels by the 
        year 2010;
          (4) an increase in the percentage of energy derived 
        from renewable resources by 75 percent over 1988 levels 
        by the year 2005; and
          (5) a reduction in the Nation's oil consumption from 
        the 1990 level of approximately 40 percent of total 
        energy use to 35 percent by the year 2005.
    (b) Additional Contents.--The least-cost energy strategy 
shall also include--
          (1) a comprehensive inventory of available energy and 
        energy efficiency resources and their projected costs, 
        taking into account all costs of production, 
        transportation, distribution, and utilization of such 
        resources, including--
                  (A) coal, clean coal technologies, coal seam 
                methane, and underground coal gasification;
                  (B) energy efficiency, including existing 
                technologies for increased efficiency in 
                production, transportation, distribution, and 
                utilization of energy, and other technologies 
                that are anticipated to be available through 
                further research and development; and
                  (C) other energy resources, such as renewable 
                energy, solar energy, nuclear fission, fusion, 
                geothermal, biomass, fuel cells, hydropower, 
                and natural gas;
          (2) a proposed two-year program for ensuring adequate 
        supplies of the energy and energy efficiency resources 
        and technologies described in paragraph (1), and an 
        identification of administrative actions that can be 
        undertaken within existing Federal authority to ensure 
        their adequate supply;
          (3) estimates of life-cycle costs for existing energy 
        production facilities;
          (4) basecase forecasts of short-term and long-term 
        national energy needs under low and high case 
        assumptions of economic growth; and
          (5) an identification of all applicable Federal 
        authorities needed to achieve the purposes of this 
        section, and of any inadequacies in those authorities.
    (c) Secretarial Consideration.--In developing the least-
cost energy strategy, the Secretary shall give full 
consideration to--
          (1) the relative costs of each energy and energy 
        efficiency resource based upon a comparison of all 
        direct and quantifiable net costs for the resource over 
        its available life, including the cost of production, 
        transportation, distribution, utilization, waste 
        management, environmental compliance, and, in the case 
        of imported energy resources, maintaining access to 
        foreign sources of supply; and
          (2) the economic, energy, social, environmental, and 
        competitive consequences resulting from the 
        establishment of any particular order of Federal 
        priority as determined under subsection (d).
    (d) Priorities.--The least-cost energy strategy shall 
identify Federal priorities, including policies that--
          (1) implement standards for more efficient use of 
        fossil fuels;
          (2) increase the energy efficiency of existing 
        technologies;
          (3) encourage technologies, including clean coal 
        technologies, that generate lower levels of greenhouse 
        gases;
          (4) promote the use of renewable energy resources, 
        including solar, geothermal, sustainable biomass, 
        hydropower, and wind power;
          (5) affect the development and consumption of energy 
        and energy efficiency resources and electricity through 
        tax policy;
          (6) encourage investment in energy efficient 
        equipment and technologies; and
          (7) encourage the development of energy technologies, 
        such as advanced nuclear fission and nuclear fusion, 
        that produce energy without greenhouse gases as a 
        byproduct, and encourage the deployment of nuclear 
        electric generating capacity.
    (e) Assumptions.--The Secretary shall include in the least-
cost energy strategy an identification of all of the 
assumptions used in developing the strategy and priorities 
thereunder, and the reasons for such assumptions.
    (f) Preference.--When comparing an energy efficiency 
resource to an energy resource, a higher priority shall be 
assigned to the energy efficiency resource whenever all direct 
and quantifiable net costs for the resource over its available 
life are equal to the estimated cost of the energy resource.
    (g) Public Review and Comment.--The Secretary shall provide 
for a period of public review and comment of the least-cost 
energy strategy, for a period of at least 30 days, to be 
completed at least 60 days before the issuance of such 
strategy. The Secretary shall also provide for public review 
and comment before the issuance of any update to the least-cost 
energy strategy required under this section.

SEC. 1603.\29\ DIRECTOR OF CLIMATE PROTECTION.

    Within 6 months after the date of the enactment of this 
Act, the Secretary shall establish, within the Department of 
Energy, a Director of Climate Protection (in this section 
referred to as the ``Director''). The Director shall--
---------------------------------------------------------------------------
    \29\ 42 U.S.C. 13383.
---------------------------------------------------------------------------
          (1) in the absence of the Secretary, serve as the 
        Secretary's representative for interagency and 
        multilateral policy discussions of global climate 
        change, including the activities of the Committee on 
        Earth and Environmental Sciences as established by the 
        Global Change Research Act of 1990 (Public Law 101-606) 
        and the Policy Coordinating Committee Working Group on 
        Climate Change;
          (2) monitor, in cooperation with other Federal 
        agencies, domestic and international policies for their 
        effects on the generation of greenhouse gases; and
          (3) have the authority to participate in the planning 
        activities of relevant Department of Energy programs.

SEC. 1604.\30\ ASSESSMENT OF ALTERNATIVE POLICY MECHANISMS FOR 
                    ADDRESSING GREENHOUSE GAS EMISSIONS.

    Not later than 18 months after the date of the enactment of 
this Act, the Secretary shall transmit a report to Congress 
containing a comparative assessment of alternative policy 
mechanisms for reducing the generation of greenhouse gases. 
Such assessment shall include a short-run and long-run analysis 
of the social, economic, energy, environmental, competitive, 
and agricultural costs and benefits, including costs and 
benefits for jobs and competition, and the practicality of each 
of the following policy mechanisms:
---------------------------------------------------------------------------
    \30\ 42 U.S.C. 13384.
---------------------------------------------------------------------------
          (1) Various systems for controlling the generation of 
        greenhouse gases, including caps for the generation of 
        greenhouse gases from major sources and emissions 
        trading programs.
          (2) Federal standards for energy efficiency for major 
        sources of greenhouse gases, including efficiency 
        standards for power plants, industrial processes, 
        automobile fuel economy, appliances, and buildings, and 
        for emissions of methane.
          (3) Various Federal and voluntary incentives 
        programs.

SEC. 1605.\31\ NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE 
                    GASES.

    (a) National Inventory.--Not later than one year after the 
date of the enactment of this Act, the Secretary, through the 
Energy Information Administration, shall develop, based on data 
available to, and obtained by, the Energy Information 
Administration, an inventory of the national aggregate 
emissions of each greenhouse gas for each calendar year of the 
baseline period of 1987 through 1990. The Administrator of the 
Energy Information Administration shall annually update and 
analyze such inventory using available data. This subsection 
does not provide any new data collection authority.
---------------------------------------------------------------------------
    \31\ 42 U.S.C. 13385.
---------------------------------------------------------------------------
    (b) Voluntary Reporting.--
          (1) Issuance of guidelines.--Not later than 18 months 
        after the date of the enactment of this Act, the 
        Secretary shall, after opportunity for public comment, 
        issue guidelines for the voluntary collection and 
        reporting of information on sources of greenhouse 
        gases. Such guidelines shall establish procedures for 
        the accurate voluntary reporting of information on--
                  (A) greenhouse gas emissions--
                          (i) for the baseline period of 1987 
                        through 1990; and
                          (ii) for subsequent calendar years on 
                        an annual basis;
                  (B) annual reductions of greenhouse gas 
                emissions and carbon fixation achieved through 
                any measures, including fuel switching, forest 
                management practices, tree planting, use of 
                renewable energy, manufacture or use of 
                vehicles with reduced greenhouse gas emissions, 
                appliance efficiency, energy efficiency, 
                methane recovery, cogeneration, 
                chlorofluorocarbon capture and replacement, and 
                power plant heat rate improvement;
                  (C) reductions in greenhouse gas emissions 
                achieved as a result of--
                          (i) voluntary reductions;
                          (ii) plant or facility closings; and
                          (iii) State or Federal requirements; 
                        and
                  (D) an aggregate calculation of greenhouse 
                gas emissions by each reporting entity.
        Such guidelines shall also establish procedures for 
        taking into account the differential radiative activity 
        and atmospheric lifetimes of each greenhouse gas.
          (2) Reporting procedures.--The Administrator of the 
        Energy Information Administration shall develop forms 
        for voluntary reporting under the guidelines 
        established under paragraph (1), and shall make such 
        forms available to entities wishing to report such 
        information. Persons reporting under this subsection 
        shall certify the accuracy of the information reported.
          (3) Confidentiality.--Trade secret and commercial or 
        financial information that is privileged or 
        confidential shall be protected as provided in section 
        552(b)(4) of title 5, United States Code.
          (4) Establishment of data base.--Not later than 18 
        months after the date of the enactment of this Act, the 
        Secretary, through the Administrator of the Energy 
        Information Administration, shall establish a data base 
        comprised of information voluntarily reported under 
        this subsection. Such information may be used by the 
        reporting entity to demonstrate achieved reductions of 
        greenhouse gases.
    (c) Consultation.--In carrying out this section, the 
Secretary shall consult, as appropriate, with the Administrator 
of the Environmental Protection Agency.

SEC. 1606. REPEAL.

    Title III of the Energy Security Act (42 U.S.C. 7361 et 
seq.) is hereby repealed.

SEC. 1607.\32\ CONFORMING AMENDMENT.

    The Secretary, through the Trade Promotion Coordinating 
Council, shall develop policies and programs to encourage the 
export and promotion of domestic energy resource technologies, 
including renewable energy, energy efficiency, and clean coal 
technologies, to developing countries.
---------------------------------------------------------------------------
    \32\ 42 U.S.C. 13386.
---------------------------------------------------------------------------

SEC. 1608.\33\ INNOVATIVE ENVIRONMENTAL TECHNOLOGY TRANSFER PROGRAM.

    (a) Establishment of Program.--The Secretary, through the 
Agency for International Development, and in consultation with 
the interagency working group established under section 256(d) 
of the Energy Policy and Conservation Act (in this section 
referred to as the ``interagency working group'', shall 
establish a technology transfer program to carry out the 
purposes described in subsection (b). Within 150 days after the 
date of the enactment of this Act, the Secretary and the 
Administrator of the Agency for International Development shall 
enter into a written agreement to carry out this section. The 
agreement shall establish a procedure for resolving any 
disputes between the Secretary and the Administrator regarding 
the implementation of specific projects. With respect to 
countries not assisted by the Agency for International 
Development, the Secretary may enter into agreements with other 
appropriate Federal agencies. If the Secretary and the 
Administrator, or the Secretary and an agency described in the 
previous sentence, are unable to reach an agreement, each shall 
send a memorandum to the President outlining an appropriate 
agreement. Within 90 days after receipt of either memorandum, 
the President shall determine which version of the agreement 
shall be in effect. Any agreement entered into under this 
subsection shall be provided to the appropriate committees of 
the Congress and made available to the public.
---------------------------------------------------------------------------
    \33\ 42 U.S.C. 13387.
---------------------------------------------------------------------------
    (b) Purposes of the Program.--The purposes of the 
technology transfer program under this section are to--
          (1) reduce the United States balance of trade deficit 
        through the export of United States energy technologies 
        and technological expertise;
          (2) retain and create manufacturing and related 
        service jobs in the United States;
          (3) encourage the export of United States 
        technologies, including services related thereto, to 
        those countries that have a need for developmentally 
        sound facilities to provide energy derived from 
        technologies that substantially reduce environmental 
        pollutants, including greenhouse gases;
          (4) develop markets for United States technologies, 
        including services related thereto, that substantially 
        reduce environmental pollutants, including greenhouse 
        gases, that meet the energy and environmental 
        requirements of foreign countries;
          (5) better ensure that United States participation in 
        energy-related projects in foreign countries includes 
        participation by United States firms as well as 
        utilization of United States technologies;
          (6) ensure the introduction of United States firms 
        and expertise in foreign countries;
          (7) provide financial assistance by the Federal 
        Government to foster greater participation by United 
        States firms in the financing, ownership, design, 
        construction, or operation of technologies or services 
        that substantially reduce environmental pollutants, 
        including greenhouse gases; and
          (8) assist United States firms, especially firms that 
        are in competition with firms in foreign countries, to 
        obtain opportunities to transfer technologies to, or 
        undertake projects in, foreign countries.
    (c) Identification.--Pursuant to the agreements required by 
subsection (a), the Secretary, through the Agency for 
International Development, and after consultation with the 
interagency working group, United States firms, and 
representatives from foreign countries, shall develop 
mechanisms to identify potential energy projects in host 
countries that substantially reduce environmental pollutants, 
including greenhouse gases, and shall identify a list of such 
projects within 240 days after the date of the enactment of 
this Act, and periodically thereafter.
    (d) Financial Mechanisms.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall--
          (A) establish appropriate financial mechanisms to 
        increase the participation of United States firms in 
        energy projects, and services related thereto, that 
        substantially reduce environmental pollutants, 
        including greenhouse gases in foreign countries;
          (B) utilize available financial assistance authorized 
        by this section to counterbalance assistance provided 
        by foreign governments to non-United States firms; and
          (C) provide financial assistance to support projects.
    (2) The financial assistance authorized by this section may 
be--
          (A) provided in combination with other forms of 
        financial assistance, including non-Federal funding 
        that may be available for the project; and
          (B) utilized in conjunction with financial assistance 
        programs available through other Federal agencies.
    (3) United States obligations under the Arrangement on 
Guidelines for Officially Supported Export Credits established 
through the Organization for Economic Cooperation and 
Development shall be applicable to this section.
    (e) Solicitations for Project Proposals.--(1) Pursuant to 
the agreements under subsection (a), the Secretary, through the 
Agency for International Development, within one year after the 
date of the enactment of this Act, and subsequently as 
appropriate thereafter, shall solicit proposals from United 
States firms for the design, construction, testing, and 
operation of the project or projects identified under 
subsection (c) which propose to utilize a United States 
technology or service. Each solicitation under this section 
shall establish a closing date for receipt of proposals.
    (2) The solicitation under this subsection shall, to the 
extent appropriate, be modeled after the RFP No. DE-PS01-
90FE62271 Clean Coal Technology IV, as administered by the 
Department of Energy.
    (3) Any solicitation made under this subsection shall 
include the following requirements:
          (A) The United States firm that submits a proposal in 
        response to the solicitation shall have an equity 
        interest in the proposed project.
          (B) The project shall utilize a United States 
        technology, including services related thereto, that 
        substantially reduce environmental pollutants, 
        including greenhouse gases, in meeting the applicable 
        energy and environmental requirements of the host 
        country.
          (C) Proposals for projects shall be submitted by and 
        undertaken with a United States firm, although a joint 
        venture or other teaming arrangement with a non-United 
        States manufacturer or other non-United States entity 
        is permissible.
    (f) Assistance to United States Firms.--Pursuant to the 
agreements under subsection (a), the Secretary, through the 
Agency for International Development, and in consultation with 
the interagency working group, shall establish a procedure to 
provide financial assistance to United States firms under this 
section for a project identified under subsection (c) where 
solicitations for the project are being conducted by the host 
country or by a multilateral lending institution.
    (g) Other Program Requirements.--Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, and in consultation with the 
interagency working group, shall--
          (1) establish eligibility criteria for countries that 
        will host projects;
          (2) periodically review the energy needs of such 
        countries and export opportunities for United States 
        firms for the development of projects in such 
        countries;
          (3) consult with government officials in host 
        countries and, as appropriate, with representatives of 
        utilities or other entities in host countries, to 
        determine interest in and support for potential 
        projects; and
          (4) determine whether each project selected under 
        this section is developmentally sound, as determined 
        under the criteria developed by the Development 
        Assistance Committee of the Organization for Economic 
        Cooperation and Development.
    (h) Eligible Technologies.--Not later than 6 months after 
the date of the enactment of this Act, the Secretary shall 
prepare a list of eligible technologies and services under this 
section. In preparing such a list, the Secretary shall consider 
fuel cell powerplants, aeroderivitive gas turbines and 
catalytic combustion technologies for aeroderivitive gas 
turbines, ocean thermal energy conversion technology, anaerobic 
digester and storage tanks, and other renewable energy and 
energy efficiency technologies.
    (i) Selection of Projects.--(1) Pursuant to the agreements 
under subsection (a), the Secretary, through the Agency for 
International Development, shall, not later than 120 days after 
receipt of proposals in response to a solicitation under 
subsection (e), select one or more proposals under this 
section.
    (2) In selecting a proposal under this section, the 
Secretary, through the Agency for International Development, 
shall consider--
          (A) the ability of the United States firm, in 
        cooperation with the host country, to undertake and 
        complete the project;
          (B) the degree to which the equipment to be included 
        in the project is designed and manufactured in the 
        United States;
          (C) the long-term technical and competitive viability 
        of the United States technology, and services related 
        thereto, and the ability of the United States firm to 
        compete in the development of additional energy 
        projects using such technology in the host country and 
        in other foreign countries;
          (D) the extent of technical and financial involvement 
        of the host country in the project;
          (E) the extent to which the proposed project meets 
        the purposes of this section;
          (F) the extent of technical, financial, management, 
        and marketing capabilities of the participants in the 
        project, and the commitment of the participants to 
        completion of a successful project in a manner that 
        will facilitate acceptance of the United States 
        technology or service for future application; and
          (G) such other criteria as may be appropriate.
    (3) In selecting among proposed projects, the Secretary 
shall seek to ensure that, relative to otherwise comparable 
projects in the host country, a selected project will meet the 
following criteria:
          (A) It will reduce environmental emissions, including 
        greenhouse gases, to an extent greater than required by 
        applicable provisions of law.
          (B) It will be a more cost-effective technological 
        alternative, based on life cycle capital and operating 
        costs per unit of energy produced and, where 
        applicable, costs per unit of product produced.
          (C) It will increase the overall efficiency of energy 
        use.
Priority in selection shall be given to those projects which, 
in the judgment of the Secretary, best meet these criteria.
    (j) United States-Asia Environmental Partnership.--
Activities carried out under this section shall be coordinated 
with the United States-Asia Environmental Partnership.
    (k) Buy America.--In carrying out this section, the 
Secretary, through the Agency for International Development, 
and pursuant to the agreements under subsection (a), shall 
ensure--
          (1) the maximum percentage, but in no case less than 
        50 percent, of the cost of any equipment furnished in 
        connection with a project authorized under this section 
        shall be attributable to the manufactured United States 
        components of such equipment; and
          (2) the maximum participation of United States firms.
In determining whether the cost of United States components 
equals or exceeds 50 percent, the cost of assembly of such 
United States components in the host country shall not be 
considered a part of the cost of such United States component.
    (l) Report to Congress.--The Secretary and the 
Administrator of the Agency for International Development shall 
report annually to the Committee on Energy and Natural 
Resources of the Senate and the appropriate committees of the 
House of Representatives on the progress being made to 
introduce innovative energy technologies, and services related 
thereto, that substantially reduce environmental pollutants, 
including greenhouse gases, into foreign countries.
    (m) Definitions.--For purposes of this section--
          (1) the term ``host country'' means a foreign country 
        which is--
                  (A) the participant in or the site of the 
                proposed innovative energy technology project; 
                and
                  (B) either--
                          (i) classified as a country eligible 
                        to participate in development 
                        assistance programs of the Agency for 
                        International Development pursuant to 
                        applicable law or regulation; or
                          (ii) a developing country; and
          (2) the term ``developing country'' includes, but is 
        not limited to, countries in Central and Eastern Europe 
        or in the independent states of the former Soviet 
        Union.
    (n) Authorization for Program.--There are authorized to be 
appropriated to the Secretary to carry out the program required 
by this section, $100,000,000 for each of the fiscal years 
1993, 1994, 1995, 1996, 1997, and 1998.

SEC. 1609.\34\ GLOBAL CLIMATE CHANGE RESPONSE FUND.

    (a) Establishment of the Fund.--The Secretary of the 
Treasury, in consultation with the Secretary of State, shall 
establish a Global Climate Change Response Fund to act as a 
mechanism for United States contributions to assist global 
efforts in mitigating and adapting to global climate change.
---------------------------------------------------------------------------
    \34\ 42 U.S.C. 13388.
---------------------------------------------------------------------------
    (b) Restrictions on Deposits.--No deposits shall be made to 
the Global Climate Change Response Fund until the United States 
has ratified the United Nations Framework Convention on Climate 
Change.
    (c) Use of the Fund.--Moneys deposited into the Fund shall 
be used by the President, to the extent authorized and 
appropriated under section 302 of the Foreign Assistance Act of 
1961, solely for contributions to a financial mechanism 
negotiated pursuant to the United Nations Framework Convention 
on Climate Change, including all protocols or agreements 
related thereto.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated for deposit in the Fund to carry out the 
purposes of this section, $50,000,000 for fiscal year 1994 and 
such sums as may be necessary for fiscal years 1995 and 1996.

SEC. 1610.\35\ GREENHOUSE GAS INTENSITY REDUCING STRATEGIES.

    (a) Definitions.--In this section:
          (1) Advisory committee.--The term ``Advisory 
        Committee'' means the Climate Change Technology 
        Advisory Committee established under subsection (f)(1).
---------------------------------------------------------------------------
    \35\ 42 U.S.C. 13389. Sec. 1601 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1109) added sec. 1610.
---------------------------------------------------------------------------
          (2) Carbon sequestration.--The term ``carbon 
        sequestration'' means the capture of carbon dioxide 
        through terrestrial, geological, biological, or other 
        means, which prevents the release of carbon dioxide 
        into the atmosphere.
          (3) Committee.--The term ``Committee'' means the 
        Committee on Climate Change Technology established 
        under subsection (b)(1).
          (4) Developing country.--The term ``developing 
        country'' has the meaning given the term in section 
        1608(m).
          (5) Greenhouse gas.--The term ``greenhouse gas'' 
        means--
                  (A) carbon dioxide;
                  (B) methane;
                  (C) nitrous oxide;
                  (D) hydrofluorocarbons;
                  (E) perfluorocarbons; and
                  (F) sulfur hexafluoride.
          (6) Greenhouse gas intensity.--The term ``greenhouse 
        gas intensity'' means the ratio of greenhouse gas 
        emissions to economic output.
          (7) National laboratory.--The term ``National 
        Laboratory'' has the meaning given the term in section 
        3(3) of the Energy Policy Act of 2005.
    (b) Committee on Climate Change Technology.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the President shall 
        establish a Committee on Climate Change Technology to--
                  (A) integrate current Federal climate 
                reports; and
                  (B) coordinate Federal climate change 
                technology activities and programs carried out 
                in furtherance of the strategy developed under 
                subsection (c)(1).
          (2) Membership.--The Committee shall be composed of 
        at least 7 members, including--
                  (A) the Secretary, who shall chair the 
                Committee;
                  (B) the Secretary of Commerce;
                  (C) the Chairman of the Council on 
                Environmental Quality;
                  (D) the Secretary of Agriculture;
                  (E) the Administrator of the Environmental 
                Protection Agency;
                  (F) the Secretary of Transportation;
                  (G) the Director of the Office of Science and 
                Technology Policy; and
                  (H) other representatives as may be 
                determined by the President.
          (3) Staff.--The members of the Committee shall 
        provide such personnel as are necessary to enable the 
        Committee to perform its duties.
    (c) National Climate Change Technology Policy.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the Committee shall, 
        based on applicable Federal climate reports, submit to 
        the Secretary and the President a national strategy to 
        promote the deployment and commercialization of 
        greenhouse gas intensity reducing technologies and 
        practices developed through research and development 
        programs conducted by the National Laboratories, other 
        Federal research facilities, institutions of higher 
        education, and the private sector.
          (2) Updates.--The Committee shall--
                  (A) at the time of submission of the strategy 
                to the President under paragraph (1), also make 
                the strategy available to the public; and
                  (B) update the strategy every 5 years, or 
                more frequently as the Committee determines to 
                be necessary.
    (d) Climate Change Technology Program.--Not later than 180 
days after the date on which the Committee is established under 
subsection (b)(1), the Secretary, in consultation with the 
Committee, shall establish within the Department of Energy the 
Climate Change Technology Program to--
          (1) assist the Committee in the interagency 
        coordination of climate change technology research, 
        development, demonstration, and deployment to reduce 
        greenhouse gas intensity; and
          (2) carry out the programs authorized under this 
        section.
    (e) Technology Inventory.--
          (1) In general.--The Secretary shall conduct and make 
        public an inventory and evaluation of greenhouse gas 
        intensity reducing technologies that have been 
        developed, or are under development, by the National 
        Laboratories, other Federal research facilities, 
        institutions of higher education, and the private 
        sector to determine which technologies are suitable for 
        commercialization and deployment.
          (2) Report.--Not later than 180 days after the 
        completion of the inventory under paragraph (1), the 
        Secretary shall submit to Congress a report that 
        includes the results of the completed inventory and any 
        recommendations of the Secretary.
          (3) Use.--The Secretary shall use the results of the 
        inventory as guidance in the commercialization and 
        deployment of greenhouse gas intensity reducing 
        technologies.
          (4) Updated inventory.--The Secretary shall--
                  (A) periodically update the inventory under 
                paragraph (1), including when determined 
                necessary by the Committee; and
                  (B) make the updated inventory available to 
                the public.
    (f) Climate Change Technology Advisory Committee.--
          (1) In general.--The Secretary, in consultation with 
        the Committee, may establish under section 624 of the 
        Department of Energy Organization Act (42 U.S.C. 7234) 
        a Climate Change Technology Advisory Committee to 
        identify statutory, regulatory, economic, and other 
        barriers to the commercialization and deployment of 
        greenhouse gas intensity reducing technologies and 
        practices in the United States.
          (2) Composition.--The Advisory Committee shall be 
        composed of the following members, to be appointed by 
        the Secretary, in consultation with the Committee:
                  (A) 1 representative shall be appointed from 
                each National Laboratory.
                  (B) 3 members shall be representatives of 
                energy-producing trade organizations.
                  (C) 3 members shall represent energy-
                intensive trade organizations.
                  (D) 3 members shall represent groups that 
                represent end-use energy and other consumers.
                  (E) 3 members shall be employees of the 
                Federal Government who are experts in energy 
                technology, intellectual property, and tax.
                  (F) 3 members shall be representatives of 
                institutions of higher education with expertise 
                in energy technology development that are 
                recommended by the National Academy of 
                Engineering.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this section and annually thereafter, the 
        Advisory Committee shall submit to the Committee a 
        report that describes--
                  (A) the findings of the Advisory Committee; 
                and
                  (B) any recommendations of the Advisory 
                Committee for the removal or reduction of 
                barriers to commercialization, deployment, and 
                increasing the use of greenhouse gas intensity 
                reducing technologies and practices.
    (g) Greenhouse Gas Intensity Reducing Technology 
Deployment.--
          (1) In general.--Based on the strategy developed 
        under subsection (c)(1), the technology inventory 
        conducted under subsection (e)(1), the greenhouse gas 
        intensity reducing technology study report submitted 
        under subsection (e)(2), and reports under subsection 
        (f)(3), if any, the Committee shall develop 
        recommendations that would provide for the removal of 
        domestic barriers to the commercialization and 
        deployment of greenhouse gas intensity reducing 
        technologies and practices.
          (2) Requirements.--In developing the recommendations 
        under paragraph (1), the Committee shall consider in 
        the aggregate--
                  (A) the cost-effectiveness of the technology;
                  (B) fiscal and regulatory barriers;
                  (C) statutory and other barriers; and
                  (D) intellectual property issues.
          (3) Demonstration projects.--In developing 
        recommendations under paragraph (1), the Committee may 
        identify the need for climate change technology 
        demonstration projects.
          (4) Report.--Not later than 18 months after the date 
        of enactment of this section, the Committee shall 
        submit to the President and Congress a report that--
                  (A) identifies, based on the report submitted 
                under subsection (f)(3), any barriers to, and 
                commercial risks associated with, the 
                deployment of greenhouse gas intensity reducing 
                technologies; and
                  (B) includes a plan for carrying out 
                demonstration projects.
          (5) Updates.--The Committee shall--
                  (A) at the time of submission of the report 
                to Congress under paragraph (4), also make the 
                report available to the public; and
                  (B) update the report every 5 years, or more 
                frequently as the Committee determines to be 
                necessary.
    (h) Procedures for Calculating, Monitoring, and Analyzing 
Greenhouse Gas Intensity.--The Secretary, in collaboration with 
the Committee and the National Institute of Standards and 
Technology, and after public notice and opportunity for 
comment, shall develop standards and best practices for 
calculating, monitoring, and analyzing greenhouse gas 
intensity.
    (i) Demonstration Projects.--
          (1) In general.--The Secretary shall, subject to the 
        availability of appropriations, support demonstration 
        projects that--
                  (A) increase the reduction of the greenhouse 
                gas intensity to levels below that which would 
                be achieved by technologies being used in the 
                United States as of the date of enactment of 
                this section;
                  (B) maximize the potential return on Federal 
                investment;
                  (C) demonstrate distinct roles in public-
                private partnerships;
                  (D) produce a large-scale reduction of 
                greenhouse gas intensity if commercialization 
                occurred; and
                  (E) support a diversified portfolio to 
                mitigate the uncertainty associated with a 
                single technology.
          (2) Cost sharing.--In supporting a demonstration 
        project under this subsection, the Secretary shall 
        require cost-sharing in accordance with section 988 of 
        the Energy Policy Act of 2005.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (j) Cooperative Research and Development Agreements.--In 
carrying out greenhouse gas intensity reduction research and 
technology deployment activities under this subtitle, the 
Secretary may enter into cooperative research and development 
agreements under section 12 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710a).
          * * * * * * *

                        TITLE XXX--MISCELLANEOUS

          * * * * * * *

               Subtitle B--Other Miscellaneous Provisions

          * * * * * * *

SEC. 3019. STRATEGIC DIVERSIFICATION.

    The Office of Barter within the United States Department of 
Commerce and the Interagency Group on Countertrade shall within 
six months from the date of enactment report to the President 
and the Congress on the feasibility of using barter, 
countertrade and other self-liquidating finance methods to 
facilitate the strategic diversification of United States oil 
imports through cooperation with the former Soviet Union in the 
development of its energy resources. The report shall consider 
among other relevant topics the feasibility of trading American 
grown food for Soviet produced oil, minerals or energy.

SEC. 3020.\36\ CONSULTATIVE COMMISSION ON WESTERN HEMISPHERE ENERGY AND 
                    ENVIRONMENT.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \36\ 42 U.S.C. 13555.
---------------------------------------------------------------------------
          (1) there is growing mutual economic interdependence 
        among the countries of the Western Hemisphere;
          (2) energy and environmental issues are intrinsically 
        linked and must be considered together when formulating 
        policy on the broader issue of sustainable economic 
        development for the Western Hemisphere as a whole;
          (3) when developing their respective energy 
        infrastructures, countries in the Western Hemisphere 
        must consider existing and emerging environmental 
        constraints, and do so in a way that results in 
        sustainable long-term economic growth;
          (4) the coordination of respective national energy 
        and environmental policies of the governments of the 
        Western Hemisphere could be substantially improved 
        through regular consultation among these countries;
          (5) the development, production and consumption of 
        energy can affect environmental quality, and the 
        environmental consequences of energy-related activities 
        are not confined within national boundaries, but are 
        regional and global in scope;
          (6) although the Western Hemisphere is richly endowed 
        with indigenous energy resources, an insufficient 
        energy supply would severely constrain future 
        opportunities for sustainable economic development and 
        growth in each of these member countries; and
          (7) the energy markets of the United States are 
        linked with those in other countries of the Western 
        Hemisphere and the world.
    (b) Definition.--For purposes of this section, the term 
``Commission'' means the Consultative Commission on Western 
Hemisphere Energy and Environment.
    (c) Negotiations.--The President is authorized to direct 
the United States representative to the Organization of 
American States to initiate negotiations with the Organization 
of American States for the establishment of a Consultative 
Commission on Western Hemisphere Energy and Environment under 
the auspices of the Organization of American States.
    (d) The Commission.--In the course of the negotiations, the 
following shall be pursued:
          (1) Objectives.--The objectives of the Commission 
        shall be--
                   (A) to evaluate from the viewpoint of the 
                Western Hemisphere as a whole the energy and 
                environmental situations, trends, and policies 
                of the countries of the participating 
                governments necessary to support sustainable 
                economic development;
                  (B) to recommend to the participating 
                governments actions, policies, and 
                institutional arrangements that will enhance 
                cooperation and policy coordination among their 
                respective countries in the future development 
                and use of indigenous energy resources and 
                technologies, and in the future development and 
                implementation of measures to protect the 
                environment of the Western Hemisphere; and
                  (C) to recommend to the participating 
                governments actions and policies that will 
                enhance energy and environmental cooperation 
                and coordination among the countries of the 
                Western Hemisphere and the world.
          (2) Composition of the commission.--The Commission 
        shall include representatives of--
                  (A) the respective foreign energy and 
                environmental ministries or departments of the 
                participating governments;
                  (B) the parliamentary or legislative bodies 
                with legislative responsibilities for energy 
                and environmental matters; and
                  (C) other governmental and non-governmental 
                observers appointed by the heads of each 
                participating government on the basis of their 
                experience and expertise.
          (3) Secretariat.--A small secretariat shall be chosen 
        by the participating governments for their expertise in 
        the areas of energy and the environment.
          (4) Sunset provision.--The Commission's authority--
                  (A) shall terminate five years from the date 
                of the agreement under which it was created; 
                and
                  (B) may be extended for a five-year term at 
                the expiration of the previous term by 
                agreement of the participating governments.
    (e) Report.--The President shall, within one year after the 
date of enactment of this Act, report to the Committee on 
Energy and Commerce and the Committee on Foreign Affairs of the 
House of Representatives,\37\ and to the Committee on Energy 
and Natural Resources and the Committee on Foreign Relations of 
the Senate, on the progress toward the establishment of the 
Commission and achievement of the purposes of this section.
---------------------------------------------------------------------------
    \37\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Energy and Commerce of the House of 
Representatives shall be treated as referring to the Committee on 
Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110 
Stat. 187) further provided that any reference in any provision of law 
enacted before January 4, 1995 to the House Committee on Energy and 
Commerce shall be treated as referring to (1) the Committee on 
Agriculture in the case of a provision relating to inspection of 
seafood or seafood products; (2) the Committee on Banking and Financial 
Services in the case of a provision relating to bank capital markets 
activities or depository institution securities; or (3) the Committee 
on Transportation and Infrastructure in the case of a provision 
relating to railroads and railway labor issues.
    Sec. 1(a)(5) of that Act, furthermore, provided that references to 
the Committee on Foreign Affairs of the House of Representatives shall 
be treated as referring to the Committee on International Relations of 
the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *
              3. Energy Emergency Preparedness Act of 1982

  Partial text of Public Law 97-229 [S. 2332], 96 Stat. 248, approved 
                             August 3, 1982

   AN ACT To amend the Energy Policy and Conservation Act to extend 
 certain authorities relating to the International Energy Program, to 
 provide for the Nation's energy emergency preparedness, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1. Short Title.
    This action may be cited as the ``Energy Emergency 
Preparedness Act of 1982''.


          Note.--Secs. 2 through 5 of this Act consist, for the 
        most part, of amendments to the Energy Policy and 
        Conservation Act. Portions of these amendments have 
        been incorporated into that Act at the appropriate 
        places.



          * * * * * * *
    Sec. 6.\1\ Reports to Congress on Petroleum Supply 
Interruptions.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 6245 note.
---------------------------------------------------------------------------
    (a) Impact Analysis.--(1) Secretary of Energy shall analyze 
the impact on the domestic economy and on consumers in the 
United States of reliance on market allocation and pricing 
during any substantial reduction in the amount of petroleum 
products available to the United States. In making such 
analysis, the Secretary of Energy may consult with the 
Secretary of the Treasury, the Secretary of Agriculture, the 
Director of the Office of Management and Budget, and the heads 
of other appropriate Federal agencies. Such analysis shall--
          (A) examine the equity and efficiency of such 
        reliance,
          (B) distinguish between the impacts of such reliance 
        on various categories of business (including small 
        business and agriculture) and on households of 
        different income levels,
          (C) specify the nature and administration of monetary 
        and fiscal policies that would be followed including 
        emergency tax cuts, emergency block grants, and 
        emergency supplements to income maintenance programs, 
        and
          (D) describe the likely impact on the distribution of 
        petroleum products of State and local laws and 
        regulations (including emergency authorities) affecting 
        the distribution of petroleum products.
Such analysis shall include projections of the effect of the 
petroleum supply reduction on the price of motor gasoline, home 
heating, oil, and diesel fuel, and on Federal tax revenues, 
Federal royalty receipts, and State and local tax revenues.
    (2) Within one year after the date of the enactment of this 
Act, the Secretary of Energy shall submit a report to the 
Congress and the President containing the analysis required by 
this subsection, including a detailed step-by-step description 
of the procedures by which the policies specified in paragraph 
(1)(C) would be accomplished in an emergency, along with such 
recommendations as the Secretary of Energy deems appropriate.
    (b) Strategic Petroleum Reserve Drawdown and Distribution 
Report.--The President shall prepare and transmit to the 
Congress, at the time he transmits the drawdown plan pursuant 
to section 4(c), a report \2\ containing--
---------------------------------------------------------------------------
    \2\ Such report was due on December 1, 1982.
---------------------------------------------------------------------------
          (1) a description of the foreseeable situations 
        (including selective and general embargoes, sabotage, 
        war, act of God, or accident) which could result in a 
        severe energy supply interruption or obligations of the 
        United States arising under the international energy 
        program necessitating distributions from the Strategic 
        Petroleum Reserve, and
          (2) a description of the strategy or alternative 
        strategies of distribution which could reasonably be 
        used to respond to each situation described under 
        paragraph (1), together with the theory and 
        justification underlying each such strategy.
The description of each strategy under paragraph (2) shall 
include an explanation of the methods which would likely be 
used to determine the price and distribution of petroleum 
products from the Reserve in any such distribution, and an 
explanation of the disposition of revenues arising from sales 
of any such petroleum products under the strategy.
    (c) Regional Reserve Report.--The President or his delegate 
shall submit to the Congress no later than December 31, 1982, a 
report regarding the actions taken to comply with the 
provisions of section 157 of the Energy Policy and Conservation 
Act (42 U.S.C. 6237). Such report shall include an analysis of 
the economic benefits and costs of establishing Regional 
Petroleum Reserves, including--
          (1) an assessment of the ability to transport 
        petroleum products to refiners, distributors, and end 
        users within the regions specified in section 157(a) of 
        such Act;
          (2) the comparative costs of creating and operating 
        Regional Petroleum Reserves for such regions as 
        compared to the costs of continuing current plans for 
        the Strategic Petroleum Reserve; and
          (3) a list of potential sites for Regional Petroleum 
        Reserves.
    (d) Strategic Alcohol Fuel Reserve Report.--The Secretary 
of Energy shall, in consultation with the Secretary of 
Agriculture, prepare and transmit to the Congress no later than 
December 31, 1982, a study of the potential for establishing a 
Strategic Alcohol Fuel Reserve.
    (e) Meaning of Terms.--As used in this section, the terms 
``international emergency program'', ``petroleum product'', 
``Reserve'', ``severe energy supply interruption'', and 
``Strategic Petroleum Reserve'' have the meanings given such 
terms in sections 3 and 152 of the Energy Policy and 
Conservation Act (42 U.S.C. 6202 and 6232).
                 4. Energy Policy and Conservation Act

  Partial text of Public Law 94-163 [S. 622], 89 Stat. 871, approved 
  December 22, 1975; as amended by Public Law 95-619 [H.R. 5037], 92 
 Stat. 3206, approved November 9, 1978; Public Law 96-30 [S. 1371], 93 
  Stat. 80, approved June 30, 1979; Public Law 96-94 [H.R. 5506], 93 
 Stat. 720, approved October 31, 1979; Public Law 96-102 [S. 1030], 93 
 Stat. 749, approved November 5, 1979; Public Law 96-133 [S. 1871], 93 
Stat. 1053, approved November 30, 1979; Public Law 97-5 [H.R. 2166], 95 
Stat. 7, approved March 13, 1981; Public Law 97-50 [S. 1475], 95 Stat. 
957, approved September 30, 1981; Public Law 97-163 [S. 1937], 96 Stat. 
24, approved April 1, 1982; Public Law 97-190 [S. 2575], 96 Stat. 106, 
   approved June 1, 1982; Public Law 97-217 [S. 2651], 96 Stat. 196, 
  approved July 19, 1982; Public Law 97-229 [S. 2332], 96 Stat. 248, 
 approved August 3, 1982; Public Law 98-239 [H.R. 4194], 98 Stat. 93, 
approved March 20, 1984; Public Law 98-370 [H.R. 3169], 98 Stat. 1211, 
approved July 18, 1984; Public Law 98-454 [H.R. 5561], 98 Stat. 1732 at 
1736, approved October 5, 1984; Public Law 99-58 [H.R. 1699], 99 Stat. 
 102, approved July 2, 1985; Public Law 101-218 [Renewable Energy and 
Energy Efficiency Technology Competitiveness Act of 1989; S. 488], 103 
  Stat. 1859, approved December 11, 1989; Public Law 101-383 [Energy 
  Policy and Conservation Act Amendments of 1990; S. 2088], 104 Stat. 
727, approved September 15, 1990; Public Law 102-486 [Energy Policy Act 
 of 1992; H.R. 776], 106 Stat. 2776, approved October 24, 1992; Public 
  Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S. 
  790], 109 Stat. 707, approved December 21, 1995; Public Law 104-306 
[H.R. 4083], 110 Stat. 3810, approved October 14, 1996; Public Law 105-
 177 [H.R. 2472], 112 Stat. 105, approved June 1, 1998; Public Law 105-
  388 [Energy Conservation Reauthorization Act of 1998; S. 417], 112 
Stat. 3477, approved November 13, 1998; Public Law 106-469 [Energy Act 
  of 2000; H.R. 2884], 114 Stat. 2029, approved November 9, 2000; and 
 Public Law 108-7 [Consolidated Appropriations Resolution, 2003; H.J. 
           Res. 2], 117 Stat. 11, approved February 20, 2003

   AN ACT To increase domestic energy supplies and availability; to 
  restrain energy demand; to prepare for energy emergencies; and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Energy Policy and Conservation Act''.
          * * * * * * *

                         statement of purposes

    Sec. 2.\1\ The purposes of this Act are--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 6201.
---------------------------------------------------------------------------
          (1) to grant specific \2\ authority to the President 
        \2\ to fulfill obligations of the United States under 
        the international energy program;
---------------------------------------------------------------------------
    \2\ Sec. 102(1) of Public Law 106-469 (114 Stat. 2029) struck out 
``standby'' which appeared after ``specific'' and struck out ``, 
subject to congressional review, to impose rationing, to reduce demand 
for energy through the implementation of energy conservation plans, 
and'' which appeared after ``President''.
---------------------------------------------------------------------------
          (2) to provide for the creation of a Strategic 
        Petroleum Reserve capable of reducing the impact of 
        severe energy supply interruptions;
          (3) to increase the supply of fossil fuels in the 
        United States, through price incentives and production 
        requirements;
          (4) to conserve energy supplies through energy 
        conservation programs, and, where necessary, the 
        regulation of certain energy uses;
          (5) to provide for improved energy efficiency of 
        motor vehicles, major appliances, and certain other 
        consumer products;
          (6) to reduce the demand for petroleum products and 
        natural gas through programs designed to provide 
        greater availability and use of this Nation's abundant 
        coal resources; \3\
---------------------------------------------------------------------------
    \3\ Sec. 123(a) of the Energy Policy Act of 1992 (Public Law 102-
486; 106 Stat. 2817) struck out ``and'' at the end of para. (6), struck 
out a period at the end of para. (7), inserted in lieu thereof ``; 
and'', and added new para. (8).
---------------------------------------------------------------------------
          (7) to provide a means for verification of energy 
        data to assure the reliability of energy data; and \3\
          (8) \3\ to conserve water by improving the water 
        efficiency of certain plumbing products and appliances.

                              definitions

    Sec. 3.\4\ As used in this Act:
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 6202.
---------------------------------------------------------------------------
          (1) The term ``Secretary'' means the Secretary of 
        Energy.\5\
---------------------------------------------------------------------------
    \5\ Sec. 691(a) of Public Law 95-619 (92 Stat. 3288) struck out 
``Administrator of the Federal Energy Administration'' and inserted in 
lieu thereof ``Secretary of Energy''.
---------------------------------------------------------------------------
          (2) The term ``person'' includes (A) any individual, 
        (B) any corporation, company, association, firm, 
        partnership, society, trust, joint venture, or joint 
        stock company and (C) the government and any agency of 
        the United States or any State or political subdivision 
        thereof.
          (3) The term ``petroleum product'' means crude oil 
        residual fuel oil, or any refined petroleum product 
        (including any natural liquid and any natural gas 
        liquid product).
          (4) The term ``State'' means a State, the District of 
        Columbia, Puerto Rico, the Trust Territory of the 
        Pacific Islands,\6\ or any territory or possession of 
        the United States.
---------------------------------------------------------------------------
    \6\ Sec. 601(f) of Public Law 98-454 (98 Stat. 1736) added the 
reference to the Trust Territory of the Pacific Islands to the 
definition of ``State''.
---------------------------------------------------------------------------
          (5) The term ``United States'' when used in the 
        geographical sense means all of the States and the 
        Outer Continental Shelf.
          (6) The term ``Outer Continental Shelf'' has the same 
        meaning as such term has under section 2 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331).
          (7) The term ``international energy program'' means 
        the Agreement on an International Energy Program, 
        signed by the United States on November 18, 1974, 
        including (A) the annex entitled ``Emergency 
        Reserves'', (B) any amendment to such Agreement which 
        includes another nation as a party to such Agreement, 
        and (C) any technical or clerical amendment to such 
        Agreement.
          (8) The term ``severe energy supply interruption'' 
        means a national energy supply shortage which the 
        President determines--
                  (A) is, or is likely to be, of significant 
                scope and duration, and of an emergency nature;
                  (B) may cause major adverse impact on 
                national safety or the national economy; and
                  (C) \7\ results, or is likely to result, from 
                (i) an interruption in the supply of imported 
                petroleum products, (ii) an interruption in the 
                supply of domestic petroleum products, or (iii) 
                sabotage or an act of God.
---------------------------------------------------------------------------
    \7\ Sec. 3(a) of Public Law 101-383 (104 Stat. 727) added clause 
designations (i) and (iii), and added a new clause (ii).
---------------------------------------------------------------------------
          * * * * * * *

        TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY

                        Part A--Domestic Supply

          * * * * * * *

  domestic use of energy supplies and related materials and equipment

    Sec. 103.\8\ (a) The President may, by rule, under such 
terms and conditions as he determines to be appropriate and 
necessary to carry out the purposes of this Act, restrict 
exports of--
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 6212.
---------------------------------------------------------------------------
          (1) coal, petroleum products, natural gas, or 
        petrochemical feedstocks, and
          (2) supplies of materials of equipment which he 
        determines to be necessary (A) to maintain or further 
        exploration, production, refining, or transportation of 
        energy supplies, or (B) for the construction or 
        maintenance of energy facilities within the United 
        States.
    (b)(1) The President shall exercise the authority provided 
for in subsection (a) to promulgate a rule prohibiting the 
export of crude oil and natural gas produced in the United 
States, except that the President may, pursuant to paragraph 
(2), exempt from such prohibition such crude oil or natural gas 
exports which he determines to be consistent with the national 
interest and purposes of this Act.
    (2) Exemptions from any rule prohibiting crude oil or 
natural gas exports shall be included in such rule or provided 
for in an amendment thereto and may be based on the purpose for 
export, class of seller or purchaser, country or destination, 
or any other reasonable classification or basis as the 
President determines to be appropriate and consistent with the 
national interest and the purposes of this Act.
    (c) In order to implement any rule promulgated under 
subsection (a) of this section, the President may request and, 
if so, the Secretary of Commerce shall, pursuant to the 
procedures established by the Export Administration Act of 1979 
\9\ (but without regard to the phrase ``and to reduce the 
serious inflationary impact of foreign demand'' in section 
3(2)(C) of such Act), impose such restrictions as specified in 
any rule under subsection (a) on exports of coal, petroleum 
products, natural gas, or petrochemical feedstocks, and such 
supplies of materials and equipment.
---------------------------------------------------------------------------
    \9\ 50 U.S.C. App. 2401 note. Sec. 22(b) of Public Law 96-72 (93 
Stat. 535) struck out a reference to the Export Administration Act of 
1969 (which expired on September 30, 1979) and inserted the reference 
to the Export Administration Act of 1979.
---------------------------------------------------------------------------
    (d) Any finding by the President pursuant to subsection (a) 
or (b) and any action taken by the Secretary of Commerce 
pursuant thereto shall take into account the national interest 
as related to the need to leave uninterrupted or unimpaired--
          (1) exchanges in similar quantity for convenience or 
        increased efficiency or transportation with persons or 
        the government of a foreign state,
          (2) temporary exports for convenience or increased 
        efficiency of transportation across parts of an 
        adjacent foreign state which exports reenter the United 
        States, and
          (3) the historical trading relations of the United 
        States with Canada and Mexico.
    (e)(1) The provisions of subchapter II of chapter 5 of 
title 5, United States Code, shall apply with respect to the 
promulgation of any rule pursuant to this section, except that 
the President may waive the requirement pertaining to the 
notice of proposed rule-making or period for comment only if he 
finds that compliance with such requirements may seriously 
impair his ability to impose effective and timely prohibitions 
on exports.
    (2) In the event such notice and comment period are waived 
with respect to a rule promulgated under this section, the 
President shall afford interested persons an opportunity to 
comment on any such rule at the earliest practicable date 
thereafter.
    (3) If the President determines to request the Secretary of 
Commerce to impose specified restrictions as provided for in 
subsection (c), the enforcement and penalty provisions of the 
Export Administration Act of 1969 shall apply, in lieu of this 
Act, to any violation of such restrictions.
    (f) The President shall submit quarterly reports to the 
Congress concerning the administration of this section and any 
findings made pursuant to subsection (a) or (b).
          * * * * * * *

                  TITLE II--STANDBY ENERGY AUTHORITIES

          * * * * * * *

    Part B--Authorities With Respect to International Energy Program

                      international oil allocation

    Sec. 251.\10\ (a) The President may, by rule, require that 
persons engaged in producing, transporting, refining, 
distributing, or storing petroleum products, take such action 
as he determines to be necessary for implementation of the 
obligations of the United States under chapters III and IV of 
the international energy program insofar as such obligations 
relate to the international allocation of petroleum products. 
Allocation under such rule shall be in such amounts and at such 
prices as are specified in (or determined in a manner 
prescribed by) such rule. Such rule may apply to any petroleum 
product owned or controlled by any person described in the 
first sentence of this subsection who is subject to the 
jurisdiction of the United States, including any petroleum 
product destined, directly or indirectly, for import into the 
United States or any foreign country, or produced in the United 
States. Subject to subsection (b)(2), such a rule shall remain 
in effect until amended or rescinded by the President.
---------------------------------------------------------------------------
    \10\ 42 U.S.C. 6271.
---------------------------------------------------------------------------
    (b)(1) No rule under subsection (a) may take effect unless 
the President--
          (A) has transmitted such rule to the Congress;
          (B) has found that putting such rule into effect is 
        required in order to fulfill obligations of the United 
        States under the international energy program; and
          (C) has transmitted such finding to the Congress, 
        together with a statement of the effective date and 
        manner for exercise of such rule.
    (2) No rule under subsection (b) may be put into effect or 
remain in effect after the expiration of 12 months after the 
date such rule was transmitted to Congress under paragraph 
(1)(A).
    (c)(1) Any rule under this section shall be consistent with 
the attainment, to the maximum extent practicable, of the 
objectives specified in section 4(b)(1) of the Emergency 
Petroleum Allocation Act of 1973.\11\
---------------------------------------------------------------------------
    \11\ 15 U.S.C. 753.
---------------------------------------------------------------------------
    (2) No officer or agency of the United States shall have 
any authority, other than authority under this section, to 
require that petroleum products be allocated to other countries 
for the purpose of implementation of the obligations of the 
United States under the international energy program.
    (d) Neither section 103 of this Act nor section 28(u) of 
the Mineral Leasing Act of 1920 \12\ shall preclude the 
allocation and export, to other countries in accordance with 
this section, of petroleum products produced in the United 
States.
---------------------------------------------------------------------------
    \12\ 30 U.S.C. 185.
---------------------------------------------------------------------------
    (e) \13\ No rule under this section may be put into effect 
unless--
---------------------------------------------------------------------------
    \13\ Sec. 2(b)(1) of the Energy Emergency Preparedness Act of 1982 
(Public Law 97-229; 96 Stat. 248) added subsec. (e).
---------------------------------------------------------------------------
          (1) an international energy supply emergency, as 
        defined in the first sentence of section 252(k)(1),\14\ 
        is in effect; and
---------------------------------------------------------------------------
    \14\ Sec. 1(3) of Public Law 105-177 (112 Stat. 105) struck out 
``252(l)(1)'' and inserted in lieu thereof ``252(k)(1)''.
---------------------------------------------------------------------------
          (2) the allocation of available oil referred to in 
        chapter III of the international energy program has 
        been activated pursuant to chapter IV of such program.

                international voluntary agreements \15\

    Sec. 252.\16\ (a) Effective 90 days after the date of 
enactment of this Act, the requirements of this section shall 
be the sole procedures applicable to--
---------------------------------------------------------------------------
    \15\ Sec. 3 of Public Law 96-133 (93 Stat. 1053) required the 
Secretary of Energy to submit a report to the appropriate committees of 
Congress by April 2, 1980, concerning the actions taken by the 
Secretary of Energy, Secretary of State, the Attorney General, and the 
Chairman of the Federal Trade Commission to carry out the provisions of 
this section.
    \16\ 42 U.S.C. 6272.
---------------------------------------------------------------------------
          (1) the development or carrying out of voluntary 
        agreements and plans of action to implement the 
        international emergency response provisions,\17\ and
---------------------------------------------------------------------------
    \17\ Sec. 1(3) of Public Law 105-177 (112 Stat. 105) struck out 
``allocation and information provisions of the international energy 
program'' and inserted in lieu thereof ``international emergency 
response provisions''.
---------------------------------------------------------------------------
          (2) the availability of immunity from the antitrust 
        laws with respect to the development or carrying out of 
        such voluntary agreements and plans of action.
    (b) The Secretary,\18\ with the approval of the Attorney 
General after each of them has consulted with the Federal Trade 
Commission and the Secretary of State, shall prescribe, by 
rule, standards and procedures by which persons engaged in the 
business of producing, transporting, refining, distributing, or 
storing petroleum products may develop and carry out voluntary 
agreements, and plans of action, which are required to 
implement the international emergency response provisions.\17\
---------------------------------------------------------------------------
    \18\ Sec. 691(a) of Public Law 95-619 (92 Stat. 3288) struck out 
``Administrator'' and inserted in lieu thereof ``Secretary''.
---------------------------------------------------------------------------
    (c) The standards and procedures prescribed under 
subsection (b) shall include the following requirements:
          (1)(A)(i) Except as provided in clause (ii) of (iii) 
        of this subparagraph, meetings held to develop or carry 
        out a voluntary agreement or plan of action under this 
        subsection shall permit attendance by representatives 
        of committees of Congress and interested persons, 
        including all interested segments of the petroleum 
        industry, consumers, and the public; shall be preceded 
        by timely and adequate notice with identification of 
        the agenda of such meeting to the Attorney General, the 
        Federal Trade Commission, committees of Congress, and 
        (except during an international energy supply emergency 
        with respect to meetings to carry out a voluntary 
        agreement or to develop or carry out a plan of action) 
        the public; and shall be initiated and chaired by a 
        regular full-time Federal employee.
          (ii) Meetings of bodies created by the International 
        Energy Agency established by the international energy 
        program need not be open to interested persons and need 
        not be initiated and chaired by a regular full-time 
        Federal employee.
          (iii) The President, in consultation with the 
        Secretary,\18\ the Secretary of State, and the Attorney 
        General, may determine that a meeting held to carry out 
        a voluntary agreement or to develop or carry out a plan 
        of action shall not be open to interested persons or 
        the attendance by interested persons may be limited, if 
        the President finds that a wider disclosure would be 
        detrimental to the foreign policy interests of the 
        United States.
          (B) No meetings may be held to develop or carry out a 
        voluntary agreement or plan of action under this 
        section unless a regular full-time Federal employee is 
        present.
          (2) Interested persons permitted to attend such a 
        meeting shall be afforded an opportunity to present, in 
        writing and orally, data, views, and arguments at such 
        meetings, subject to any reasonable limitations with 
        respect to the manner of presentation of data, views, 
        and arguments as the Secretary \18\ may impose.
          (3) A full and complete record and where practicable 
        a verbatim transcript, shall be kept of any meeting 
        held, and a full and complete record shall be kept of 
        any communication (other than in a meeting) made, 
        between or among participants or potential 
        participants, to develop, or carry out a voluntary 
        agreement or a plan of action under this section. Such 
        record or transcript shall be deposited, together with 
        any agreement resulting therefrom, with the 
        Secretary,\18\ and shall be available to the Attorney 
        General and the Federal Trade Commission. Such records 
        or transcripts shall be available for public inspection 
        and copying in accordance with section 552 of title 5, 
        United States Code; except that (A) matter may not be 
        withheld from disclosure under section 552(b) of such 
        title on ground other than the grounds specified in 
        section 552 (b)(1), (b)(3), or so much of (b)(4) as 
        relates to trade secrets; and (B) in the exercise of 
        authority under section 552(b)(1), the President shall 
        consult with the Secretary of State, the Secretary,\18\ 
        and the Attorney General with respect to questions 
        relating to the foreign policy interests of the United 
        States.
          (4) No provision of this section may be exercised so 
        as to prevent representatives of committees of Congress 
        from attending meetings to which this section applies, 
        or from having access to any transcripts, records, and 
        agreements kept or made under this section. Such access 
        to any transcript that is required to be kept for any 
        meeting shall be provided as soon as practicable (but 
        not later than 14 days) after that meeting.\19\
---------------------------------------------------------------------------
    \19\ Sec. 2 of Public Law 96-133 (93 Stat. 1053) added this 
sentence.
---------------------------------------------------------------------------
    (d)(1) The Attorney General and the Federal Trade 
Commission shall participate from the beginning in the 
development, and when practicable, in the carrying out of 
voluntary agreements and plans of action authorized under this 
section. Each may propose any alternative which would avoid or 
overcome, to the greatest extent practicable, possible 
anticompetitive effects while achieving substantially the 
purposes of this part. A voluntary agreement or plan of action 
under this section may not be carried out unless approved by 
the Attorney General, after consultation with the Federal Trade 
Commission. Prior to the expiration of the period determined 
under paragraph (2), the Federal Trade Commission shall 
transmit to the Attorney General its views as to whether such 
an agreement or plan of action should be approved, and shall 
publish such views in the Federal Register. The Attorney 
General, in consultation with the Federal Trade Commission, the 
Secretary of State, and the Secretary,\18\ shall have the right 
to review, amend, modify, disapprove, or revoke, on his own 
motion or upon the request of the Federal Trade Commission or 
any interested person, any voluntary agreement or plan of 
action at any time, and, if revoked, thereby withdraw 
prospectively any immunity which may be conferred by subsection 
(f) or (j).
    (2) Any voluntary agreement or plan of action entered into 
pursuant to this section shall be submitted in writing to the 
Attorney General and the Federal Trade Commission 20 days 
before being implemented; except that during an international 
energy supply emergency, the Secretary,\18\ subject to approval 
of the Attorney General, may reduce such 20-day period. Any 
such agreement or plan of action shall be available for public 
inspection and copying, except that a plan of action shall be 
so available only to the extent to which records or transcripts 
are so available as provided in the last sentence of subsection 
(c)(3). Any action taken pursuant to such voluntary agreement 
or plan of action shall be reported to the Attorney General and 
the Federal Trade Commission pursuant to such regulations as 
shall be prescribed under paragraphs (3) and (4) of subsection 
(e).
    (3) A plan of action may not be approved by the Attorney 
General under this subsection unless such plan (A) describes 
the types of substantive actions which may be taken under the 
plan, and (B) is as specific in its description of proposed 
substantive actions as is reasonable in light of \20\ 
circumstances known at the time of approval.\20\
---------------------------------------------------------------------------
    \20\ Sec. 1(4)(B) of Public Law 105-177 (112 Stat. 105) struck out 
``known'' that had appeared after ``in light of'', and inserted in lieu 
thereof ``known at the time of approval''.
---------------------------------------------------------------------------
    (e)(1) The Attorney General and the Federal Trade 
Commission shall monitor the development and carrying out of 
voluntary agreements and plans of action authorized under this 
section in order to promote competition and to prevent 
anticompetitive practices and effects, while achieving 
substantially the purposes of this part.
    (2) In addition to any requirement specified under 
subsections (b) and (c) of this section and in order to carry 
out the purposes of this section, the Attorney General, in 
consultation with the Federal Trade Commission and the 
Secretary,\18\ may \21\ promulgate rules concerning the 
maintenance of necessary and appropriate records related to the 
development and carrying out of voluntary agreements and plans 
of action authorized pursuant to this section.
---------------------------------------------------------------------------
    \21\ Sec. 1(4)(C) of Public Law 105-177 (112 Stat. 105) struck out 
``shall'' and inserted in lieu thereof ``may''.
---------------------------------------------------------------------------
    (3) Persons developing or carrying out voluntary agreements 
and plans of action authorized pursuant to this section shall 
maintain such records as are required by rules promulgated 
under paragraph (2). The Attorney General and the Federal Trade 
Commission shall have access to and the right to copy such 
records at reasonable times and upon reasonable notice.
    (4) The Attorney General and the Federal Trade Commission 
may each prescribe such rules as may be necessary or 
appropriate to carry out their respective responsibilities 
under this section. They may both utilize for such purposes and 
for purposes of enforcement any powers conferred upon the 
Federal Trade Commission or the Department of Justice, or both, 
by the antitrust laws or the Antitrust Civil Process Act; and 
wherever any such law refers to ``the purposes of this Act'' or 
like terms, the reference shall be understood to include this 
section.
    (f)(1) There shall be available as a defense to any civil 
or criminal action brought under the antitrust laws (or any 
similar State law) in respect to actions taken to develop or 
carry out a voluntary agreement or plan of action by persons 
engaged in the business of producing, transporting, refining, 
distributing, or storing petroleum products, provided that such 
actions were not taken for the purpose of injuring competition 
that--
          (A) such actions were taken--
                  (i) in the course of developing a voluntary 
                agreement or plan of action pursuant to this 
                section, or
                  (ii) to carry out a voluntary agreement or 
                plan of action authorized and approved in 
                accordance with this section, and
          (B) such persons complied with the requirements of 
        this section and the rules promulgated hereunder.
    (2) Except in the case of actions taken to develop a 
voluntary agreement or plan of action, the defense provided in 
this subsection shall be available only if the person asserting 
the defense demonstrates that the actions were specified in, or 
within the reasonable contemplation of, an approved voluntary 
agreement or \22\ plan of action.
---------------------------------------------------------------------------
    \22\ Sec. 1(4)(D) of Public Law 105-177 (112 Stat. 105) inserted 
``voluntary agreement or''.
---------------------------------------------------------------------------
    (3) Persons interposing the defense provided by this 
subsection shall have the burden of proof, except that the 
burden shall be on the person against whom the defense is 
asserted with respect to whether the actions were taken for the 
purpose of injuring competition.
    (g) No provision of this section shall be construed as 
granting immunity for, or as limiting or in any way affecting 
any remedy or penalty which may result from any legal action or 
proceeding arising from, any act or practice which occurred 
prior to the date of enactment of this Act or subsequent to its 
expiration or repeal.
    (h) \23\ Section 708 of the Defense Production Act of 1950 
shall not apply to any agreement or action undertaken for the 
purpose of developing or carrying out--
---------------------------------------------------------------------------
    \23\ Sec. 1(4)(E) of Public Law 105-177 (112 Stat. 105) amended and 
restated subsec. (h). It previous read as follows:
    ``(h) Upon the expiration of the 90-day period which begins on the 
date of enactment of this Act, the provisions of sections 708 and 708A 
(other than 708A(o)) of the Defense Production Act of 1950 shall not 
apply to any agreement or action undertaken for the purpose of 
developing or carrying out (1) the international energy program, or (2) 
any allocation, price control, or similar program with respect to 
petroleum products under this Act or under the Emergency Petroleum 
Allocation Act of 1973. For purposes of section 708A(o) of the Defense 
Production Act of 1950, the effective date of the provisions of this 
Act which relate to international voluntary agreements to carry out the 
International Energy Program shall be deemed to be 90 days after the 
date of enactment of this Act.''.
---------------------------------------------------------------------------
          (1) the international energy program; or
          (2) any allocation, price control, or similar program 
        with respect to petroleum products under this Act.
    (i) The Attorney General and the Federal Trade Commission 
shall each submit to the Congress and to the President, at such 
intervals as are appropriate based on significant developments 
and issues, reports \24\ on the impact on competition and on 
small business of actions authorized by this section.
---------------------------------------------------------------------------
    \24\ Sec. 1091(g) of Public Law 104-66 (109 Stat. 722) struck out 
``, at least once every 6 months, a report'' and inserted in lieu 
thereof ``, at such intervals as are appropriate based on significant 
developments and issues, reports''.
---------------------------------------------------------------------------
    (j) \25\ In any action in any Federal or State court for 
breach of contract, there shall be available as a defense that 
the alleged breach of contract was caused predominantly by 
action taken during an international energy supply emergency to 
carry out a voluntary agreement or plan of action authorized 
and approved in accordance with this section.
---------------------------------------------------------------------------
    \25\ Sec. 104(c) of Public Law 99-58 (99 Stat. 105) repealed a 
previous subsec. (j), which had terminated the authority granted by 
this section on June 30, 1985.
---------------------------------------------------------------------------
    (k) As used in this section and section 254:
          (1) The term ``international energy supply 
        emergency'' means any period (A) beginning on any date 
        which the President determines allocation of petroleum 
        products to nations participating in the international 
        energy program is required by chapters III and IV of 
        such program, and (B) ending on a date on which he 
        determines that such allocation is no longer required. 
        Such a period may not exceed 90 days, but the President 
        may establish one or more additional 90-day periods by 
        making anew the determination under subparagraph (A) of 
        the preceding sentence. Any determination respecting 
        the beginning or end of any such period shall be 
        published in the Federal Register.
          (2) \26\ The term ``international emergency response 
        provisions'' means--
---------------------------------------------------------------------------
    \26\ Sec. 1(4)(F) of Public Law 105-177 (112 Stat. 105) amended and 
restated para. (2). It previous read as follows:
    ``(2) The term `allocation and information provisions of the 
international energy program' means the provisions of the international 
energy program which relate to international allocation of petroleum 
products and to the information system provided in such a program.''.
---------------------------------------------------------------------------
                  (A) the provisions of the international 
                energy program which relate to international 
                allocation of petroleum products and to the 
                information system provided in the program; and
                  (B) the emergency response measures adopted 
                by the Governing Board of the International 
                Energy Agency (including the July 11, 1984, 
                decision by the Governing Board on ``Stocks and 
                Supply Disruptions'') for--
                          (i) the coordinated drawdown of 
                        stocks of petroleum products held or 
                        controlled by governments; and
                          (ii) complementary actions taken by 
                        governments during an existing or 
                        impending international oil supply 
                        disruption.
    (l) \27\ The antitrust defense under subsection (f) shall 
not extend to the international allocation of petroleum 
products unless allocation is required by chapters III and IV 
of the international energy program during an international 
energy supply emergency.
---------------------------------------------------------------------------
    \27\ Sec. 1(4)(G) of Public Law 107-177 (112 Stat. 106) amended and 
restated subsec. (l). Subsec. (l), as added by sec. 2(b)(2) of the 
Energy Emergency Preparedness Act of 1982 (Public Law 97-229; 96 Stat. 
248), previously read as follows:
    ``(l) The authority granted by this section shall apply only to the 
development or carrying out of voluntary agreements and plans of action 
to implement chapters III, IV, and V of the international energy 
program.''.
---------------------------------------------------------------------------
    (m) \28\ (1) With respect to any plan of action approved by 
the Attorney General after the date of enactment of the Energy 
Policy and Conservation Amendments Act of 1985--
---------------------------------------------------------------------------
    \28\ Sec. 105 of the Energy Policy and Conservation Amendments Act 
of 1985 (Public Law 99-58; 99 Stat. 105) added subsecs. (m) and (n).
---------------------------------------------------------------------------
          (A) the defenses under subsection (f) and (j) shall 
        be applicable to Type 1 activities (as that term is 
        defined in the international Energy Agency Emergency 
        Management Manual, dated December 1982 only if--
                  (i) The Secretary has transmitted such plan 
                of action to the Congress; and
                  (ii)(I) 90 calendar days of continuous 
                session have elapsed since receipt by the 
                Congress of such transmittal; or
                  (II) within 90 calendar days of continuous 
                session after receipt of such transmittal, 
                either House of the Congress has disapproved a 
                joint resolution of disapproval pursuant to 
                subsection (n); and
          (B) such defenses shall not be applicable to Type 1 
        activities if there has been enacted, in accordance 
        with subsection (n), a joint resolution of disapproval.
    (2) The Secretary may withdraw the plan of action at any 
time prior to adoption of a joint resolution described in 
subsection (n)(3) by either House of Congress.
    (3) For the purpose of this subsection--
          (A) continuity of session is broken only by an 
        adjournment of the Congress sine die at the end of the 
        second session of Congress; and
          (B) the days on which either House is not in session 
        because of an adjournment of more than three days to a 
        day certain are excluded in the computation of the 
        calendar-day period involved.
    (n) \28\ (1)(A) The application of defenses under 
subsections (f) and (j) for Type 1 activities with respect to 
any plan of action transmitted to Congress as described in 
subsection (m)(1)(A)(i) shall be disapproved if a joint 
resolution of disapproval has been enacted into law during the 
90-day period of continuous session after which such 
transmission was received by the Congress. For the purpose of 
this subsection, the term ``joint resolution'' means only a 
joint resolution of either House of the Congress as described 
in paragraph (3).
    (B) After receipt by the Congress of such plan of action, a 
joint resolution of disapproval may be introduced in either 
House of the Congress. Upon introduction in the Senate, the 
joint resolution shall be referred in the Senate immediately to 
the Committee on Energy and Natural Resources of the Senate.
    (2) This subsection is enacted by the Congress--
          (A) as an exercise of the rulemaking power of the 
        Senate and as such it is deemed a part of the rules of 
        the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions described by paragraph (3); it supersedes 
        outer rules only to the extent that is inconsistent 
        therewith; and
          (B) with full recognition of the constitutional right 
        of the Senate to change the rules (so far as relating 
        to the procedure of the Senate) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of the Senate.
    (3) The joint resolution disapproving the transmission 
under subsection (m) shall read as follows after the resolving 
clause: ``That the Congress of the United States disapproves 
the availability of the defenses pursuant to section 252(f) and 
(j) of the Energy Policy and Conservation Act with respect to 
Type 1 activities under the plan of action submitted to the 
Congress by the Secretary of Energy on           .'', the blank 
space therein being filled with the date and year of receipt by 
the Congress of the plan of action transmitted as described in 
subsection (m).
    (4)(A) If the Committee on Energy and Natural Resources of 
the Senate has not reported a joint resolution referred to it 
under this subsection at the end of 20 calendar days of 
continuous session after its referral, it shall be in order to 
move either to discharge the committee from further 
consideration of such resolution or to discharge the committee 
from further consideration of any other joint resolution which 
has been referred to the committee with respect to such plan of 
action.
    (B) A motion to discharge shall be highly privileged 
(except that it may not be made after the Committee on Energy 
and Natural Resources has reported a joint resolution with 
respect to the plan of action), and debate thereon shall be 
limited to not more than one hour, to be divided equally 
between those favoring and those opposing the joint resolution. 
An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the 
motion was agreed to or disagreed to.
    (C) If the motion to discharge is agreed to or disagreed 
to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other joint 
resolution with respect to the same transmission.
    (5)(A) When the Committee on Energy and Natural Resources 
of the Senate has reported or has been discharged from further 
consideration of a joint resolution, it shall be in order at 
any time thereafter within the 90-day period following receipt 
by the Congress of the plan of action (even though a previous 
motion to the same effect has been disagreed to) to move to 
proceed to the consideration of such joint resolution. The 
motion shall be highly privileged and shall not be debatable. 
An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider a vote by which the 
motion was agreed to or disagreed to.
    (B) Debate on the joint resolution shall be limited to not 
more than 10 hours and final action on the joint resolution 
shall occur immediately following conclusion of such debate. A 
motion further to limit debate shall not be debatable. A motion 
to recommit such a joint resolution shall not be in order, and 
it shall not be in order to move to reconsider the vote by 
which such a joint resolution was agreed to or disagreed to.
    (6)(A) Motions to postpone made with respect to the 
discharge from committee or consideration of a joint 
resolution, shall be decided without debate.
    (B) Appeals from the decision of the Chair relation to the 
application of rules of the Senate to the procedures relating 
to a joint resolution shall be decided without debate.

                          advisory committees

    Sec. 253.\29\ (a) To achieve the purposes of the 
international energy program with respect to international 
allocation of petroleum products and the information system 
provided in such program, the Administrator may provide for the 
establishment of such advisory committees as he determines are 
necessary. In addition to the requirements specified in this 
section, such advisory committees shall be subject to the 
provisions of section 17 of the Federal Energy Administration 
Act of 1974 \30\ (whether or not such Act or any of its 
provisions expire or terminate before June 30, 1985); shall be 
chaired by a regular full-time Federal employee; and shall 
include representatives of the public. The meetings of such 
committees shall be open to the public. The Attorney General 
and the Federal Trade Commission shall have adequate advance 
notice of any meeting and may have an official representative 
attend and participate in any such meeting.
---------------------------------------------------------------------------
    \29\ 42 U.S.C. 6273.
    \30\ 15 U.S.C. 776.
---------------------------------------------------------------------------
    (b) A verbatim transcript shall be kept of such advisory 
committee meetings, and shall be deposited with the Attorney 
General and the Federal Trade Commission. Such transcript shall 
be made available for public inspection and copying in 
accordance with section 552 of title 5, United States Code, 
except that matter may not be withheld from disclosure under 
section 552(b) of such title on grounds other than the grounds 
specified in section 552(b)(1), (b)(3), and so much of (b)(4) 
as relates to trade secrets, or pursuant to a determination 
under subsection (c).
    (c) The President, after consultation with the Secretary of 
State, the Federal Trade Commission, the Attorney General, and 
the Secretary \18\ may suspend the application of--
          (1) sections 10 and 11 of the Federal Advisory 
        Committee Act,\31\
---------------------------------------------------------------------------
    \31\ 5 U.S.C. App. 1.
---------------------------------------------------------------------------
          (2) subsections (b) and (c) of section 17 of the 
        Federal Energy Administration Act of 1974,\30\
          (3) the requirement under subsection (a) of this 
        section that meetings be open to the public, and
          (4) the second sentence of subsection (b);
If the President determines with respect to a particular 
meeting, (A) that such suspension is essential to the 
developing or carrying out of the international energy program, 
(B) that such suspension relates solely to the purpose of 
international allocation of petroleum products and the 
information system provided in such program, and (C) that the 
meeting deals with matters described in section 552(b)(1) of 
title 5, United States Code. Such determination by the 
President shall be in writing, shall set forth a detailed 
explanation of reasons justifying the granting of such 
suspension, and shall be published in the Federal Register at a 
reasonable time prior to the effective date of any such 
suspension.

                        exchange of information

    Sec. 254.\32\ (a)(1) Except as provided in subsections (b) 
and (c), the Secretary,\18\ after consultation with the 
Attorney General, may provide to the Secretary of State, and 
the Secretary of State may transmit to the International Energy 
Agency established by the international energy program, the 
information and data related to the energy industry certified 
by the Secretary of State as required to be submitted under the 
international energy program.
---------------------------------------------------------------------------
    \32\ 42 U.S.C. 6274.
---------------------------------------------------------------------------
    (2)(A) Except as provided in subparagraph (B) of this 
paragraph, any such information or data which is geological or 
geophysical information or a trade secret or commercial or 
financial information to which section 552 (b)(9) or (b)(4) of 
title 5, United States Code, applies shall, prior to such 
transmittal, be aggregated, accumulated, or otherwise reported 
in such manner as to avoid, to the fullest extent feasible, 
identification of any person from whom the United States 
obtained such information or data, and in the case of 
geological or geophysical information, a competitive 
disadvantage to such person.
    (B)(i) Notwithstanding subparagraph (A) of this paragraph, 
during an international energy supply emergency, any such 
information or data with respect to the international 
allocation of petroleum products may be made available to the 
International Energy Agency if otherwise authorized to be made 
available to such Agency by paragraph (1) of this subsection.
    (ii) Subparagraph (A) shall not apply to information 
described in subparagraph (A) (other than geological or 
geophysical information) if the President certifies, after 
opportunity for presentation of views by interested persons, 
that the International Energy Agency has adopted and is 
implementing security measures which assure that such 
information will not be disclosed by such Agency or its 
employees to any person or foreign country without having been 
aggregated, accumulated, or otherwise reported in such manner 
as to avoid identification of any person from whom the United 
States obtained such information or data.
    (3)(A) Within 90 days after the date of enactment of this 
Act, and periodically thereafter, the President shall review 
the operation of this section and shall determine whether other 
signatory nations to the international energy program are 
transmitting information and data to the International Energy 
Agency in substantial compliance with such program. If the 
President determines that other nations are not so complying 
paragraph (2)(B)(ii) shall not apply until he determines other 
nations are so complying.
    (B) Any person who believes he has been or will be damaged 
by the transmittal of information or data pursuant to this 
section shall have the right to petition the President and to 
request changes in procedures which will protect such person 
from any competitive damage.
    (b) If the President determines that the transmittal of 
data or information pursuant to the authority of this section 
would prejudice competition, violate the antitrust laws, or by 
inconsistent with United States national security interests, he 
may require that such data or information not be transmitted.
    (c) Information and data the confidentiality of which is 
protected by statute shall not be provided by the Secretary 
\18\ to the Secretary of State under subsection (a) of this 
section for transmittal to the International Energy Agency, 
unless the Secretary \18\ has obtained the specific concurrence 
of the head of any department or agency which has the primary 
statutory authority for the collection, gathering, or obtaining 
of such information and data. In making a determination to 
concur in providing such information and data, the head of any 
department or agency which has the primary statutory authority 
for the collection, gathering, or obtaining of such information 
and data shall consider the purposes for which such information 
and data were collected, gathered, and obtained, the 
confidentiality provisions of such statutory authority, and the 
international obligations of the United States under the 
international energy program with respect to the transmittal of 
such information and data to an international organization or 
foreign country.
    (d) For the purposes of carrying out the obligations of the 
United States under this international energy program, the 
authority to collect data granted by sections 11 and 13 of the 
Energy Supply and Environmental Coordination Act and the 
Federal Energy Administration Act of 1974 respectfully, shall 
continue in full force and effect without regard to the 
provisions of such Acts relating to their expiration.
    (e) The authority under this section to transmit 
information shall be subject to any limitations on disclosure 
contained in other laws, except that such authority may be 
exercised without regard to--
          (1) section 11(d) of the Energy Supply and 
        Environmental Coordination Act of 1974;
          (2) section 14(b) of the Federal Energy 
        Administration Act of 1974;
          (3) section 12 of the Export Administration Act of 
        1979; \33\
---------------------------------------------------------------------------
    \33\ Sec. 22(b) of Public Law 96-72 (93 Stat. 535) struck out 
``section 7 of the Export Administration Act of 1969'' and inserted in 
lieu thereof ``section 12 of the Export Administration Act of 1979.''.
---------------------------------------------------------------------------
          (4) section 9 of title 13, United States Code;
          (5) section 1 of the Act of January 27, 1938 (15 
        U.S.C. 176(a)); and
          (6) section 1905 of title 18, United States Code.

    relationship of this title to the international energy agreement

    Sec. 255.\34\ The purpose of the Congress in enacting this 
title is to provide standby energy emergency authority to deal 
with energy shortage conditions and to minimize economic 
dislocations and adverse impacts on employment. While the 
authorities contained in this title may, to the extent 
authorized by this title, be used to carry out obligations 
incurred by the United States in connection with the 
International Energy Program, this title shall not be construed 
in any way as advice and consent, ratification, endorsement, or 
other form of congressional approval of the specific terms of 
such program.
---------------------------------------------------------------------------
    \34\ 42 U.S.C. 6275.
---------------------------------------------------------------------------

   domestic renewable energy industry and related service industries

    Sec. 256.\35\ (a) It is the purpose of this section to 
implement the responsibilities of the United States under 
chapter VII of the international energy program with respect to 
development of alternative energy by facilitating the overall 
abilities of the domestic renewable energy industry and related 
service industries to create new markets.
---------------------------------------------------------------------------
    \35\ 42 U.S.C. 6276. Sec. 2 of Public Law 98-370 (98 Stat. 1211) 
added sec. 256.
---------------------------------------------------------------------------
    (b)(1) Before the later of--
          (A) 6 months after the date of the enactment of this 
        section, and
          (B) May 31, 1985,
the Secretary of Commerce shall conduct an evaluation regarding 
the domestic renewable energy industry and related service 
industries and submit a report of his findings to the Congress.
    (2) Such evaluation shall include--
          (A) an assessment of the technical and commercial 
        status of the domestic renewable energy industry and 
        related service industries in domestic and foreign 
        markets;
          (B) an assessment of the Federal Government's 
        activities affecting commerce in the domestic renewable 
        energy industry and related service industries and in 
        consolidating and coordinating such activities within 
        the Federal Government; and
          (C) an assessment of the aspects of the domestic 
        renewable energy industry and related service 
        industries in which improvements must be made to 
        increase the international commercialization of such 
        industry.
    (c)(1) On the basis of the evaluation under subsection (b), 
the Secretary of Commerce shall, consistent with existing law, 
establish a program for enhancing commerce in renewable energy 
technologies and consolidating or coordinating existing 
activities for such purpose.
    (2) Such program shall provide for--
          (A) the broadening of the participation by the 
        domestic renewable energy industry and related service 
        industries in such activities;
          (B) the promotion of the domestic renewable energy 
        industry and related service industries on a worldwide 
        basis;
          (C) the participation by the Federal Government and 
        the domestic renewable energy industry and related 
        service industries in international standard-setting 
        activities; and
          (D) the establishment of an information program under 
        which--
                  (i) technical information about the domestic 
                renewable energy industry and related service 
                industries shall be provided to appropriate 
                public and private officials engaged in 
                commerce, and to potential end users, including 
                other industry sectors in foreign countries 
                such as health care, rural development, 
                communications, and refrigeration, and 
                others,\36\ and
---------------------------------------------------------------------------
    \36\ Sec. 7(a)(1) of Public Law 101-218 (103 Stat. 1867) inserted 
``and to potential end users, including other industry sectors in 
foreign countries such as health care, rural development, 
communications, and refrigeration, and others,''.
---------------------------------------------------------------------------
                  (ii) marketing information about export and 
                export financing opportunities \37\ shall be 
                available to the domestic renewable energy 
                industry and related service industries.
---------------------------------------------------------------------------
    \37\ Sec. 7(a)(2) of Public Law 101-218 (103 Stat. 1867) struck out 
``export opportunities'' and inserted in lieu thereof ``export and 
export financing opportunities''.
---------------------------------------------------------------------------
    (3) Necessary funds required for carrying out such program 
shall be requested in connection with fiscal years beginning 
after September 30, 1984.
    (d) \38\ Interagency Working Group.--
---------------------------------------------------------------------------
    \38\ Sec. 1207(a) of Public Law 102-486 (106 Stat. 2962) amended 
and restated subsec. (d). It formerly read as follows:
    ``(d) There shall be established an interagency working group 
which, in consultation with the representative industry groups and 
relevant agency heads, shall make recommendations to coordinate the 
actions and programs of the Federal Government affecting commerce in 
renewable energy products and related services. The Secretary of Energy 
shall be the chairman of such group. The heads of appropriate agencies 
may detail such personnel and may furnish such services to such working 
group, with or without reimbursement, as may be necessary to carry out 
its functions.''.
---------------------------------------------------------------------------
          (1) \39\ Establishment.--(A) There shall be 
        established an interagency working group that, in 
        consultation with the representative industry groups 
        and relevant agency heads, shall make recommendations 
        to coordinate the actions and programs of the Federal 
        Government affecting exports of renewable energy and 
        energy efficiency products and services. The 
        interagency working group shall establish a program to 
        inform foreign countries of the benefits of policies 
        that would increase energy efficiency or would allow 
        facilities that use renewable energy to compete 
        effectively with producers of energy from nonrenewable 
        sources.
---------------------------------------------------------------------------
    \39\ See also secs. 1209 through 1211 of the Energy Policy Act 
(Public Law 102-486; 106 Stat. 2964-69).
---------------------------------------------------------------------------
          (B) There shall be established an Interagency Working 
        Subgroup on Renewable Energy and an Interagency Working 
        Subgroup on Energy Efficiency that shall, in 
        consultation with representative industry groups, 
        nonprofit organizations, and relevant Federal agencies, 
        make recommendations to coordinate the actions and 
        programs of the Federal Government to promote the 
        export of domestic renewable energy and energy 
        efficiency products and services, respectively.
          (C) The Secretary of Energy, or the Secretary's 
        designee, shall chair the interagency working group and 
        each subgroup established under this paragraph. The 
        Administrator of the Agency for International 
        Development and the Secretary of Commerce, or their 
        designees, shall be members of both subgroups 
        established under this paragraph. The Secretary shall 
        provide staff for carrying out the functions of the 
        interagency working group and each subgroup established 
        under this paragraph. The heads of appropriate agencies 
        may detail such personnel and may furnish such services 
        to such group and subgroups, with or without 
        reimbursement, as may be necessary to carry out their 
        functions.
          (2) Duties of the interagency working subgroups.--(A) 
        The interagency working subgroups established under 
        paragraph (1)(B), through the member agencies of the 
        interagency working group, shall promote the 
        development and application in foreign countries of 
        renewable energy and energy efficiency products and 
        services, respectively, that--
                  (i) reduce dependence on unreliable sources 
                of energy by encouraging the use of sustainable 
                biomass, wind, small-scale hydroelectric, 
                solar, geothermal, and other renewable energy 
                and energy efficiency products and services; 
                and
                  (ii) use hybrid fossil-renewable energy 
                systems.
          (B) In addition, the interagency working subgroups 
        shall explore mechanisms for assisting domestic firms, 
        particularly small businesses, with the export of their 
        renewable energy and energy efficiency products and 
        services and with the identification of potential 
        projects.
          (3) Training and assistance.--The interagency working 
        subgroups shall encourage the member agencies of the 
        interagency working group to--
                  (A) provide technical training and education 
                for international development personnel and 
                local users in their own country;
                  (B) provide financial and technical 
                assistance to nonprofit institutions that 
                support the marketing and export efforts of 
                domestic companies that provide renewable 
                energy and energy efficiency products and 
                services;
                  (C) develop environmentally sustainable 
                renewable energy and energy efficiency projects 
                in foreign countries;
                  (D) provide technical assistance and training 
                materials to loan officers of the World Bank, 
                international lending institutions, commercial 
                and energy attaches at embassies of the United 
                States and other appropriate personnel in order 
                to provide information about renewable energy 
                and energy efficiency products and services to 
                foreign governments or other potential project 
                sponsors;
                  (E) support, through financial incentives, 
                private sector efforts to commercialize and 
                export renewable energy and energy efficiency 
                products and services; and
                  (F) augment budgets for trade and development 
                programs in order to support pre-feasibility or 
                feasibility studies for projects that utilize 
                renewable energy and energy efficiency products 
                and services.
          (4) \40\ The interagency working group shall conduct 
        a study of subsidies, incentives, and policies that 
        foreign countries use to promote exports of their own 
        renewable energy and energy efficiency technologies and 
        products. Such study shall also identify foreign trade 
        barriers to the import of renewable energy and energy 
        efficiency technologies and products produced in the 
        United States. The interagency working group shall 
        report to the appropriate committees of the House of 
        Representatives and the Senate the results of such 
        study within 18 months after the date of the enactment 
        of the Energy Policy Act of 1992.
---------------------------------------------------------------------------
    \40\ Sec. 1208 of Public Law 102-486 (106 Stat. 2964) added para. 
(4).
---------------------------------------------------------------------------
    (e) \41\ The interagency working group established under 
subsection (d) of this section shall annually report to 
Congress, describing the actions of each agency represented by 
a member of the working group taken during the previous fiscal 
year to achieve the purposes of such working group and of this 
section. Such report shall describe the exports of renewable 
energy technology that have occurred as a result of such agency 
actions.
---------------------------------------------------------------------------
    \41\ Sec. 7(c) of Public Law 101-218 (103 Stat. 1867) added 
subsecs. (e) through (h).
---------------------------------------------------------------------------
    (f) \41\ (1) The interagency working group shall--
          (A) establish, in consultation with representatives 
        of affected industries, a plan to increase United 
        States exports of renewable energy and energy 
        efficiency \42\ technologies, and include in such plan 
        recommended guidelines for agencies that are 
        represented on the working group with respect to the 
        financing of, or other actions they can take within 
        their programs to promote, exports of such renewable 
        energy and energy efficiency \42\ technologies;
---------------------------------------------------------------------------
    \42\ Sec. 1207(b) of Public Law 102-486 (106 Stat. 2963) inserted 
``and energy efficiency''.
---------------------------------------------------------------------------
          (B) develop, in consultation with representatives of 
        affected industries, recommended administrative 
        guidelines for Federal export loan programs to simplify 
        application by firms seeking export assistance for 
        renewable energy and energy efficiency \42\ 
        technologies from agencies implementing such programs; 
        and
          (C) recommend specific renewable energy and energy 
        efficiency \42\ technology markets for primary emphasis 
        by Federal export loan programs, development programs, 
        and private sector assistance programs.
    (2) The interagency working group shall include a 
description of the plan established under paragraph (1)(A) in 
no later than the second report submitted under subsection (e) 
of this section, and shall include in subsequent reports a 
description of any modifications to such plan and of the 
progress in implementing the plan.
    (h) \43\, \44\ Authorization of 
Appropriations.--There are authorized to be appropriated such 
sums as may be necessary to implement this part, to remain 
available until expended.
---------------------------------------------------------------------------
    \43\ Sec. 1207(c) of Public Law 102-486 (106 Stat. 2963) repealed 
subsec. (g), as added by sec. 7(c) of Public Law 101-218 (103 Stat. 
1867), which had defined ``renewable energy'' as including ``energy 
efficiency to the extent it is a part of a renewable energy system or 
technology.''.
    \44\ Sec. 339(b)(1) of the Consolidated Appropriations Resolution, 
2003 (Public Law 108-7; 117 Stat. 278) amended and restated subsec. 
(h).
    Previously, sec. 104(2) of Public Law 106-469 (114 Stat. 2033) had 
amended and restated subsec. (h) providing for the authorization of 
appropriations from fiscal year 2000 through fiscal year 2003.
    Previous to that, sec. 1(3) of Public Law 104-306 (110 Stat. 3810) 
added the authorization of appropriations for fiscal year 1997.
    Previous to that, sec. 1207(d) of Public Law 102-486 (106 Stat. 
2963) amended and restated subsec. (h) providing the authorization of 
appropriations from fiscal year 1993 through fiscal year 1995.
    The original text of subsec. (h) provided the authorization of 
appropriations from fiscal year 1991 through fiscal year 1993.
---------------------------------------------------------------------------
          * * * * * * *

   Part C--Energy Emergency Preparedness \45\ * * * [Repealed--2000]
---------------------------------------------------------------------------

    \45\ Sec. 104(3) of the Energy Act of 2000 (Public Law 106-469; 114 
Stat. 2033) repealed Part C, including sec. 271 that provided 
Congressional findings, policy, and purposes, and sec. 272 that 
provided for preparation for petroleum supply interruptions.
---------------------------------------------------------------------------

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                            prohibited acts

    Sec. 524.\46\ It shall be unlawful for any person--
---------------------------------------------------------------------------
    \46\ 42 U.S.C. 6394.
---------------------------------------------------------------------------
          (1) to violate any provision of title I or title II 
        of this Act or this title (other than any provision of 
        such titles which amend another law).
          (2) to violate any rule, regulation, or order issued 
        pursuant to any provision of section 383 of this Act; 
        or
          (3) to fail to comply with any provision prescribed 
        in, or pursuant to, an energy conservation contingency 
        plan which is in effect.

                              enforcement

    Sec. 525.\47\ (a) Whoever violates section 524 shall be 
subject to a civil penalty of not more than $5,000 for each 
violation.
---------------------------------------------------------------------------
    \47\ 42 U.S.C. 6395.
---------------------------------------------------------------------------
    (b) Whoever willfully violates section 524 shall be fined 
not more than $10,000 for each violation.
    (c) Any person who knowingly and willfully violates section 
524 with respect to the sale, offer of sale, or distribution in 
commerce of a product or commodity after having been subjected 
to a civil penalty for a prior violation of section 524 with 
respect to the sale, offer of sale, or distribution in commerce 
of such product or commodity shall be fined not more than 
$50,000 or imprisoned not more than 6 months, or both.
    (d) Whenever it appears to any officer or agency of the 
United States in whom is vested, or to whom is delegated, 
authority under this Act that any person has engaged, is 
engaged, or is about to engage in acts or practices 
constituting a violation of section 524, such officer or agency 
may request the Attorney General to bring an action in an 
appropriate district court of the United States to enjoin such 
acts or practices, and upon a proper showing a temporary 
restraining order or a preliminary or permanent injunction 
shall be granted without bond. Any such court may also issue 
mandatory injunctions commanding any person to comply with any 
rule, regulation, or order described in section 524.
    (e)(1) Any person suffering legal wrong because of any act 
or practice arising out of any violation of any provision of 
this Act described in paragraph (2), may bring an action in an 
appropriate district court of the United States without regard 
to the amount in controversy, for appropriate relief, including 
an action for a declaratory judgment or writ of injunction. 
Nothing in this subsection shall authorize any person to 
recover damages.
    (2) The provisions of this Act referred to in paragraph (1) 
are as follows:
          (A) Section 202 (relating to energy conservation 
        plans).
          (B) Section 251 (relating to international oil 
        allocation).
          (C) Section 252 (relating to international voluntary 
        agreements).
          (D) Section 253 (relating to advisory committees).
          (E) Section 254 (relating to international exchange 
        of information).
          (F) Section 521 (relating to prohibition on certain 
        actions).

                          effect on other laws

    Sec. 526.\48\ No State law or State program in effect on 
the date of enactment of this Act, or which may become 
effective thereafter, shall be superseded by any provision of 
title I or II of this Act (other than any provision of such 
title which amends another law) or any rule, regulation, or 
order thereunder, except insofar as such State law or State 
program is in conflict with such provision, rule, regulation, 
or order.
---------------------------------------------------------------------------
    \48\ 42 U.S.C. 6396.
---------------------------------------------------------------------------
          * * * * * * *

                               expiration

    Sec. 531.\49\ * * * [Repealed--1985]
---------------------------------------------------------------------------
    \49\ Sec. 104(c)(3) of the Energy Policy and Conservation 
Amendments Act of 1985 (Public Law 99-58; 99 Stat. 105) repealed sec. 
531 (42 U.S.C. 6401). It formerly read as follows:
    ``Except as otherwise provided in title I or title II, all 
authority under any provision of title I or title II (other than a 
provision of either such title amending another law) and any rule, 
regulation, or order issued pursuant to such authority, shall expire at 
midnight, June 30, 1985, but such expiration shall not affect any 
action or pending proceedings, civil or criminal, not finally 
determined on such date, nor any action or proceeding based upon any 
act committed prior to midnight, June 30, 1985.''.
---------------------------------------------------------------------------

                      Part C--Congressional Review

    procedure for congressional review of presidential requests to 
                     implement certain authorities

    Sec. 551.\50\ (a) For purposes of this section, the term 
``energy action'' means any matter required to be transmitted, 
or submitted to the Congress in accordance with the procedures 
of this section.
---------------------------------------------------------------------------
    \50\ 42 U.S.C. 6421.
---------------------------------------------------------------------------
    (b) The President shall transmit any energy action (bearing 
an identification number) to both Houses of Congress on the 
same day. If both Houses are not in session on the day any 
energy action is received by the appropriate officers of each 
House, for purposes of this section such energy action shall be 
deemed to have been transmitted on the first succeeding day on 
which both Houses are in session.
    (c)(1) Except as provided in paragraph (2) of this 
subsection, if energy action is transmitted to the Houses of 
Congress, such action shall take effect at the end of the first 
period of 15 calendar days of continuous session of Congress 
after the date on which such action is transmitted to such 
Houses, unless between the date of transmittal and the end of 
such 15-day period, either House passes a resolution stating in 
substance that such House does not favor such action.
    (2) An energy action described in paragraph (1) may take 
effect prior to the expiration of the 15-calendar-day period 
after the date on which such action is transmitted, if each 
House of Congress approves a resolution affirmatively stating 
in substance that such House does not object to such action.
    (d) For the purpose of subsection (c) of this section--
          (1) continuity of session is broken only by an 
        adjournment of Congress sine die; and
          (2) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day 
        certain are excluded in the computation of the 15-
        calendar-day period.
    (e) Under provisions contained in an energy action, a 
provision of such an action may take effect on a date later 
than the date on which such action otherwise takes effect 
pursuant to the provisions of this section.
    (f)(1) This subsection is enacted by Congress--
          (A) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such it is deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of resolutions described by paragraph (2) of this 
        subsection; and it supersedes other rules only to the 
        extent that it is inconsistent therewith; and
          (B) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of the House.
    (2) For purposes of this subsection, the term 
``resolution'' means only a resolution of either House of 
Congress described in subparagraph (A) or (B) of this 
paragraph.
          (A) A resolution the matter after the resolving 
        clause of which is as follows: ``That the ____ does not 
        object to the energy action numbered ____ submitted to 
        the Congress on ____, 19__.'', the first blank space 
        therein being filled with the name of the resolving 
        House and the other blank spaces being appropriately 
        filled; but does not include a resolution which 
        specifies more than one energy action.
          (B) A resolution the matter after the resolving 
        clause of which is as follows: ``That the ____ does not 
        favor the energy action numbered ____ transmitted to 
        Congress on ____, 19__.'', the first blank space 
        therein being filled with the name of the resolving 
        House and the other blank spaces therein being 
        appropriately filled; but does not include a resolution 
        which specifies more than one energy action.
    (3) A resolution once introduced with respect to an energy 
action shall immediately be referred to a committee (and all 
resolutions with respect to the same plan shall be referred to 
the same committee) by the President of the Senate or the 
Speaker of the House of Representatives, as the case may be.
    (4)(A) If the committee to which a resolution with respect 
to an energy action has been referred has not reported it at 
the end of 5 calendar days after its referral, it shall be in 
order to move either to discharge the committee from further 
consideration of such resolution or to discharge the committee 
from further consideration of any other resolution with respect 
to such energy action which has been referred to the committee.
    (B) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except 
that it may not be made after the committee has reported a 
resolution with respect to the same energy action), and debate 
thereon shall be limited to not more than one hour, to be 
divided equally between those favoring and those opposing the 
resolution. An amendment to the motion shall not be in order, 
and it shall not be in order to move to reconsider the vote by 
which the motion was agreed to or disagreed to.
    (C) If the motion to discharge is agreed to or disagreed 
to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other 
resolution with respect to the same energy action.
    (5)(A) When the committee has reported, or has been 
discharged from further consideration of, a resolution, it 
shall be at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) to 
move to proceed to the consideration of the resolution. The 
motion shall be highly privileged and shall not be debatable. 
An amendment to the motion shall not be in order, and it shall 
not be in order to move to reconsider the vote by which the 
motion was agreed to or disagreed to.
    (B) Debate on the resolution referred to in subparagraph 
(A) of this paragraph shall be limited to not more than 10 
hours, which shall be divided equally between those favoring 
and those opposing such resolution. A motion further to limit 
debate shall not be debatable. An amendment to, or motion to 
recommit, the resolution shall not be in order, and it shall 
not be in order to move to reconsider the vote by which such 
resolution was agreed to or disagreed to; except that it shall 
be in order--
          (i) to offer an amendment in the nature of a 
        substitute consisting of the text of a resolution 
        described in paragraph (2)(A) of this subsection with 
        respect to an energy action, for a resolution described 
        in paragraph (2)(B) of this subsection with respect to 
        the same action; or
          (ii) to offer an amendment in the nature of a 
        substitute, consisting of the text of a resolution 
        described in paragraph (2)(B) of this subsection with 
        respect to an energy action, for a resolution described 
        in paragraph (2)(A) of this subsection with respect to 
        the same such action.
The amendments described in clauses (i) and (ii) of this 
subparagraph shall not be amendable.
    (6)(A) Motions to postpone, made with respect to the 
discharge from committee, or the consideration of a resolution 
and motions to proceed to the consideration of other business, 
shall be decided without debate.
    (B) Appeals from the decision of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedure relating 
to a resolution shall be decided without debate.
    (7) Notwithstanding any of the provisions of this 
subsection, if a House has approved a resolution with respect 
to an energy action, then it shall not be in order to consider 
in that House any other resolution with respect to the same 
such action.

    expedited procedure for congressional consideration of certain 
                              authorities

    Sec. 552.\51\ (a) Any contingency plan transmitted to the 
Congress pursuant to section 201(a)(1) shall bear an 
identification number and shall be transmitted to both Houses 
of Congress on the same day and to each House while it is in 
session.
---------------------------------------------------------------------------
    \51\ 42 U.S.C. 6422.
---------------------------------------------------------------------------
    (b)(1) \52\ No such energy conservation \52\ contingency 
plan may be considered approved for purposes of section 201(b) 
of this Act unless between the date of transmittal and the end 
of the first period of 60 calendar days of continuous session 
of Congress after the date on which such action is transmitted 
to such House, each House of Congress passes a resolution 
described in subsection (d)(2)(A).
---------------------------------------------------------------------------
    \52\ Sec. 103(b)(2)(A) of Public Law 96-102 (93 Stat. 753) added 
the para. designation ``(1)'', inserted ``energy conservation'', and 
added para. (2).
---------------------------------------------------------------------------
    (2) \52\ (A) Subject to subparagraph (B), any such 
rationing contingency plan shall be considered approved for 
purposes of section 201(d) only if such plan is not disapproved 
by a resolution described in subsection (d)(2)(B)(i) which 
passes each House of the Congress during the 30-calendar-day 
period of continuous session after the plan is transmitted to 
such Houses and which thereafter becomes law.
    (B) A rationing contingency plan may be considered approved 
prior to the expiration of the 30-calendar-day period after 
such plan is transmitted if a resolution described in 
subsection (d)(2)(B)(ii) is passed by each House of the 
Congress and thereafter becomes law.
    (c) For the purpose of subsection (b) of this section--
          (1) continuity of session is broken only by an 
        adjournment of Congress sine die; and
          (2) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day 
        certain are excluded in the computation of the 
        calendar-day period involved.\53\
---------------------------------------------------------------------------
    \53\ Sec. 103(b)(2)(B) of Public Law 96-102 (93 Stat. 753) struck 
out ``60-calendar-day period'' and inserted in lieu thereof ``calendar-
day period involved''.
---------------------------------------------------------------------------
    (d)(1) This subsection is enacted by Congress--
          (A) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such it is deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of resolutions described by paragraph (2) of this 
        section; and it supersedes other rules only to the 
        extent that it is inconsistent therewith; and
          (B) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of the House.
    (2)(A) \54\ For purposes of applying this section with 
respect to any energy conservation contingency plan,\54\ the 
term ``resolution'' means only a resolution of either House of 
Congress the matter after the resolving clauses of which is as 
follows: ``That the ____ approves the energy conservation,\55\ 
contingency plan numbered ____ submitted to the Congress on 
____, 19__.'', the first blank space therein being filled with 
the name of the resolving House and the other blank spaces 
being appropriately filled; but does not include a resolution 
which specifies more than one energy conservation \55\ 
contingency plan.
---------------------------------------------------------------------------
    \54\ Sec. 103(b)(2)(C) of Public Law 96-102 (93 Stat. 753) added 
the subpara. designation ``(A)'', amended the words to this point in 
subpara. (A), and added subpara. (B).
    \55\ Sec. 105(a)(4) of Public Law 96-102 (93 Stat. 756) inserted 
``energy conservation''.
---------------------------------------------------------------------------
    (B) \54\ For purposes of applying this subsection with 
respect to any rationing contingency plan (other than pursuant 
to section 201(d)(2)(B), the term ``resolution'' means only a 
joint resolution described in clause (i) or (ii) of this 
subparagraph with respect to such plan.
          (i) A joint resolution of either House of the 
        Congress (I) which is entitled: ``Joint resolution 
        relating to a rationing contingency plan.'', (II) which 
        does not contain a preamble, and (III) the matter after 
        the resolving clause of which is: ``That the Congress 
        of the United States disapproves the rationing 
        contingency plan transmitted to the Congress           
        , 19    .'', the blank spaces therein appropriately 
        filled.
          (ii) A joint resolution of either House of the 
        Congress (I) which is entitled: ``Joint resolution 
        relating to a rationing contingency plan.'', (II) which 
        does not contain a preamble, and (III) the matter after 
        the resolving clause of which is: ``That the Congress 
        of the United States does not object to the rationing 
        contingency plan transmitted to the Congress           
        , 19    .'', the blank spaces therein appropriately 
        filled.
    (3) A resolution once introduced with respect to a 
contingency plan shall immediately be referred to a committee 
(and all resolutions with respect to the same contingency plan 
shall be referred to the same committee) by the President of 
the Senate or the Speaker of the House of Representatives, as 
the case may be.
    (4)(A) If the committee to which a resolution with respect 
to a contingency plan has been referred has not reported it at 
the end of 20 calendar days after its referral in the case of 
any energy conservation contingency plan or at the end of 10 
calendar days after its referral in the case of any rationing 
contingency plan,\56\ it shall be in order to move either to 
discharge the committee from further consideration of such 
resolution or to discharge the committee from further 
consideration of any other resolution with respect to such 
contingency plan which has been referred to the committee.
---------------------------------------------------------------------------
    \56\ Sec. 103(b)(2)(D) of Public Law 96-102 (93 Stat. 754) inserted 
the words to this point beginning with ``in the case of any energy * * 
*''.
---------------------------------------------------------------------------
    (B) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except 
that it may not be made after the committee has reported a 
resolution with respect to the same contingency plan), and 
debate thereon shall be limited to not more than 1 hour, to be 
divided equally between those favoring and those opposing the 
resolution. Except to the extent provided in paragraph (7)(A), 
an amendment \57\ to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which 
the motion was agreed to or disagreed to.
---------------------------------------------------------------------------
    \57\ Sec. 103(b)(2)(E) of Public Law 96-102 (93 Stat. 754) struck 
out ``An amendment'' and inserted in lieu thereof ``Except to the 
extent provided in paragraph (7)(A), an amendment''.
---------------------------------------------------------------------------
    (C) If the motion to discharge is agreed to or disagreed 
to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other 
resolution with respect to the same contingency plan.
    (5)(A) When the committee has reported, or has been 
discharged from further consideration of, a resolution, it 
shall be at any time thereunder in order (even though a 
previous motion to the same effect has been disagreed to) to 
move to proceed to the consideration of the resolution. The 
motion shall be highly privileged and shall not be debatable. 
An amendment to the motion \58\ shall not be in order, and it 
shall not be in order to move to reconsider the vote by which 
the motion was agreed to or disagreed to.
---------------------------------------------------------------------------
    \58\ Sec. 5(a)(16) of the Energy Conservation Reauthorization Act 
of 1998 (Public Law 105-388; 112 Stat. 3479) struck out ``notion'' and 
inserted in lieu thereof ``motion''.
---------------------------------------------------------------------------
    (B) Debate on the resolution referred to in subparagraph 
(A) of this paragraph shall be limited to not more than 10 
hours, which shall be divided equally between those favoring 
and those opposing such resolution. A motion further to limit 
debate shall not be debatable. Except to the extent provided in 
paragraph (7)(B),\59\ an amendment to, or motion to recommit 
the resolution shall not be in order, and it shall not be in 
order to move to reconsider the vote by which such resolution 
was agreed to or disagreed to.
---------------------------------------------------------------------------
    \59\ Sec. 103(b)(2)(E) and (F) of Public Law 96-102 (93 Stat. 754) 
inserted ``Except to the extent provided in paragraph (7)(B),''.
---------------------------------------------------------------------------
    (6)(A) Motions to postpone, made with respect to the 
discharge from committee, or the consideration of a resolution 
and motions to proceed to the consideration of other business, 
shall be decided without debate.
    (B) Appeals from the decision of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedures relating 
to a resolution shall be decided without debate.
    (7) \60\ With respect to any rationing contingency plan--
---------------------------------------------------------------------------
    \60\ Sec. 103(b)(2)(G) of Public Law 96-102 (93 Stat. 754) added 
para. (7).
---------------------------------------------------------------------------
          (A) In the consideration of any motion to discharge 
        any committee from further consideration of any 
        resolution on any such plan, it shall be in order after 
        debate allowed for under paragraph (4)(B) to offer an 
        amendment in the nature of a substitute for such 
        motion--
                  (i) consisting of a motion to discharge such 
                committee from further consideration of a 
                resolution described in paragraph (2)(B)(i) 
                with respect to any rationing contingency plan, 
                if the discharge motion sought to be amended 
                relates to a resolution described in paragraph 
                (2)(B)(ii) with respect to the same such plan, 
                or
                  (ii) consisting of a motion to discharge such 
                committee from further consideration of a 
                resolution described in paragraph (2)(B)(ii) 
                with respect to any rationing contingency plan, 
                if the discharge motion sought to be amended 
                relates to a resolution described in paragraph 
                (2)(B)(i) with respect to the same such plan.
        An amendment described in this subparagraph shall not 
        be amendable. Debate on such an amendment shall be 
        limited to not more than 1 hour, which shall be divided 
        equally between those favoring and those opposing the 
        amendment.
          (B) In the consideration of any resolution on any 
        such plan which has been reported by a committee, it 
        shall be in order at any time during the debate allowed 
        for under paragraph (5)(B) to offer an amendment in the 
        nature of a substitute for such resolution--
                  (i) consisting of the text of a resolution 
                described in paragraph (2)(B)(i) with respect 
                to any rationing contingency plan, if the 
                resolution sought to be amended is a resolution 
                described in paragraph (2)(B)(ii) with respect 
                to the same such plan, or
                  (ii) consisting of the text of a resolution 
                described in paragraph (2)(B)(ii) with respect 
                to any rationing contingency plan, if the 
                resolution sought to be amended is a resolution 
                described in paragraph (2)(B)(i) with respect 
                to the same such plan.
        An amendment described in this subparagraph shall not 
        be amendable.
          (C) If one House receives from the other House a 
        resolution with respect to a rationing contingency 
        plan, then the following procedure applies:
                  (i) the resolution of the other House with 
                respect to such plan shall not be referred to a 
                committee;
                  (ii) in the case of a resolution of the first 
                House with respect to such plan--
                          (I) the procedure with respect to 
                        that or other resolutions of such House 
                        with respect to such plan shall be the 
                        same as if no resolution from the other 
                        House with respect to such plan had 
                        been received; but
                          (II) on any vote on final passage of 
                        a resolution of the first House with 
                        respect to such plan a resolution from 
                        the other House with respect to such 
                        plan which has the same effect shall be 
                        automatically substituted for the 
                        resolution of the first House.
          (D) Notwithstanding any of the preceding provisions 
        of this subsection, if a House has approved a 
        resolution with respect to a rationing contingency 
        plan, then it shall not be in order to consider in that 
        House any other resolution under this section with 
        respect to the approval of such plan.
           5. Alaska National Interests Land Conservation Act

 Partial text of Public Law 96-487 [H.R. 39], 94 Stat. 2371, approved 
 December 2, 1980; as amended by Public Law 101-380 [Oil Pollution Act 
      of 1990, H.R. 1465], 104 Stat. 484, approved August 18, 1990

   AN ACT To provide for the designation and conservation of certain 
public lands in the State of Alaska, including the designation of units 
   of the National Park, National Wildlife Refuge, National Forest, 
 National Wild and Scenic Rivers, and National Wilderness Preservation 
                    Systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1.\1\ This Act may be cited as the ``Alaska 
National Interest Lands Conservation Act.''
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 3101 note.
---------------------------------------------------------------------------
          * * * * * * *

TITLE X--FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM 
                        AND MINERAL ASSESSMENTS

          * * * * * * *

wildlife resources portion of study and impact of potential oil spills 
                        in the arctic ocean \2\

    Sec. 1005. (a) \2\ The Secretary \3\ shall work closely 
with the State of Alaska and Native Village and Regional 
Corporations in evaluating the impact of oil and gas 
exploration, development, production, and transportation, and 
other human activities on the wildlife resources of these 
lands, including impacts on the Arctic and Porcupine caribou 
herds, polar bear, muskox, grizzly bear, wolf, wolverine, 
seabirds, shore birds, and migratory waterfowl. In addition, 
the Secretary shall consult with the appropriate agencies of 
the Government of Canada in evaluating such impacts 
particularly with respect to the Porcupine caribou herd.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 3145. Sec. 8302 of Public Law 101-380 (104 Stat. 572) 
restated the catchline, inserted subsec. designation ``(a)'', and added 
subsecs. (b) through (d).
    \3\ Secretary of the Interior.
---------------------------------------------------------------------------
    (b) \2\ (1) The Congress finds that--
          (A) Canada had discovered commercial quantities of 
        oil and gas in the Amalagak regions of the Northwest 
        territory;
          (B) Canada is exploring alternatives for transporting 
        the oil from the Amalagak field to markets in Asia and 
        the Far East;
          (C) one of the options the Canadian Government is 
        exploring involves transshipment of oil from the 
        Amalagak field across the Beaufort Sea to tankers which 
        would transport the oil overseas;
          (D) the tankers would traverse the American Exclusive 
        Economic Zone through the Beaufort Sea into the 
        Chuckchi Sea and then through the Bering Straits;
          (E) the Beaufort and Chuckchi Seas are vital to 
        Alaska's Native people, providing them with subsistence 
        in the form of walrus, seals, fish, and whales;
          (F) the Secretary of the Interior has conducted Outer 
        Continental Shelf lease sales in the Beaufort and 
        Chuckchi Seas and oil and gas exploration is ongoing;
          (G) an oil spill in the Arctic Ocean, if not properly 
        contained and cleaned up, could have significant 
        impacts on the indigenous people of Alaska's North 
        Slope and on the Arctic environment; and
          (H) there are no international contingency plans 
        involving our two governments concerning containment 
        and cleanup of an oil spill in the Arctic Ocean.
    (2)(A) The Secretary of the Interior, in consultation with 
the Governor of Alaska, shall conduct a study of the issues of 
recovery of damages, contingency plans, and coordinated actions 
in the event of an oil spill in the Arctic Ocean.
    (B) The Secretary shall, no later than January 31, 1991, 
transmit a report to the Congress on the findings and 
conclusions reached as the result of the study carried out 
under this subsection.
    (c) \2\ The Congress calls upon the Secretary of State, in 
consultation with the Secretary of the Interior, the Secretary 
of Transportation, and the Governor of Alaska, to begin 
negotiations with the Foreign Minister of Canada regarding a 
treaty dealing with the complex issues of recovery of damages, 
contingency plans, and coordinated actions in the event of an 
oil spill in the Arctic Ocean.
    (d) \2\ The Secretary of State shall report to the Congress 
on the Secretary's efforts pursuant to this section no later 
than June 1, 1991.
          * * * * * * *
       6. Negotiations With Canada Concerning the Alaska Pipeline

   Partial text of Public Law 93-153 [S. 1081], 87 Stat. 576 at 588, 
                       approved November 16, 1973

 AN ACT To amend section 28 of the Mineral Leasing Act of 1920, and to 
     authorize a trans-Alaska oil pipeline, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                  TITLE III--NEGOTIATIONS WITH CANADA

    Sec. 301.\1\ The President of the United States is 
authorized and requested to enter into negotiations with the 
Government of Canada to determine--
---------------------------------------------------------------------------
    \1\ 43 U.S.C. 1651 note.
---------------------------------------------------------------------------
          (a) the willingness of the Government of Canada to 
        permit the construction of pipelines or other 
        transportation systems across Canadian territory for 
        the transport of natural gas and oil from Alaska's 
        North Slope to markets in the United States, including 
        the use of tankers by way of the Northwest Passage;
          (b) the need for intergovernmental understandings, 
        agreements, or treaties to protect the interests of the 
        Governments of Canada and the United States and any 
        party or parties involved with the construction, 
        operation, and maintenance of pipelines or other 
        transportation systems for the transport of such 
        natural gas or oil;
          (c) the terms and conditions under which pipelines or 
        other transportation systems could be constructed 
        across Canadian territory;
          (d) the desirability of undertaking joint studies and 
        investigations designed to insure protection of the 
        environment, reduce legal and regulatory uncertainty, 
        and insure that the respective energy requirements of 
        the people of Canada and of the United States are 
        adequately met;
          (e) the quantity of such oil and natural gas from the 
        North Slope of Alaska for which the Government of 
        Canada would guarantee transit; and
          (f) the feasibility, consistent with the needs of 
        other sections of the United States, of acquiring 
        additional energy from other sources that would make 
        unnecessary the shipment of oil from the Alaska 
        pipeline by tanker into the Puget Sound area.
    The President shall report to the House and Senate 
Committees on Interior and Insular Affairs the actions taken, 
the progress achieved, the areas of disagreement, and the 
matters about which more information is needed, together with 
his recommendations for further action.
          * * * * * * *
                  7. Environment and Natural Resources

       a. Environment and Natural Resources in Foreign Assistance

         (1) The Foreign Assistance Act of 1961, as amended \1\

  Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved 
                     September 4, 1961, as amended

AN ACT To promote the foreign policy, security, and general welfare of 
  the United States by assisting people of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961''.
---------------------------------------------------------------------------
    \1\ For complete text of the Foreign Assistance Act of 1961, as 
amended, see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

                                 PART I

        Chapter 1--Policy; Development Assistance Authorizations

          * * * * * * *
    Sec. 117.\2\ Environment and Natural Resources.--(a) The 
Congress finds that if current trends in the degradation of 
natural resources in developing countries continue, they will 
severely undermine the best efforts to meet basic human needs, 
to achieve sustained economic growth, and to prevent 
international tension and conflict. The Congress also finds 
that the world faces enormous, urgent, and complex problems, 
with respect to natural resources, which require new forms of 
cooperation between the United States and developing countries 
to prevent such problems from becoming unmanageable. It is, 
therefore, in the economic and security interests of the United 
States to provide leadership both in thoroughly reassessing 
policies relating to natural resources and the environment, and 
in cooperating extensively with developing countries in order 
to achieve environmentally sound development.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151p. Sec. 113 of Public Law 95-88 (91 Stat. 537) 
added sec. 117, originally as sec. 118. Subsequently, sec. 110 of 
Public Law 95-424 (92 Stat. 948), sec. 122 of Public Law 96-53 (93 
Stat. 948), and sec. 307 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) amended sec. 
118. Sec. 301(1) of Public Law 99-529 (100 Stat. 3014) redesignated 
sec. 118 as sec. 117, resulting in the creation of two secs. 117. Sec. 
301(2) of Public Law 99-529 further deleted sec. 117(d) which dealt 
with tropical forests. Sec. 301(3) of Public Law 99-529 further added a 
new sec. 118 entitled ``Tropical Forests''.
    Prior to the amendments made by Public Law 99-529, sec. 118 read as 
follows:
    ``Sec. 118. Environment and Natural Resources.--(a) The President 
is authorized to furnish assistance under this part for developing and 
strengthening the capacity of less developed countries to protect and 
manage their environment and natural resources. Special efforts shall 
be made to maintain and where possible restore the land, vegetation, 
water, wildlife and other resources upon which depend economic growth 
and human well-being especially that of the poor.
    ``(b) In carrying out programs under this chapter, the President 
shall take into consideration the environmental consequence of 
development actions.''.
---------------------------------------------------------------------------
    (b) In order to address the serious problems described in 
subsection (a), the President is authorized to furnish 
assistance under this part for developing and strengthening the 
capacity of developing countries to protect and manage their 
environment and natural resources. Special efforts shall be 
made to maintain and where possible to restore the land, 
vegetation, water, wildlife, and other resources upon which 
depend economic growth and human well-being, especially of the 
poor.
    (c)(1) The President, in implementing programs and projects 
under this chapter and chapter 10 of this part,\3\ shall take 
fully into account the impact of such programs and projects 
upon the environment and natural resources of developing 
countries. Subject to such procedures as the President 
considers appropriate, the President shall require all agencies 
and officials responsible for programs or projects under this 
chapter--
---------------------------------------------------------------------------
    \3\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part''.
---------------------------------------------------------------------------
          (A) to prepare and take fully into account an 
        environmental impact statement for any program or 
        project under this chapter significantly affecting the 
        environment of the global commons outside the 
        jurisdiction of any country, the environment of the 
        United States, or other aspects of the environment 
        which the President may specify; and
          (B) to prepare and take fully into account an 
        environmental assessment of any proposed program or 
        project under this chapter significantly affecting the 
        environment of any foreign country.
Such agencies and officials should, where appropriate, use 
local technical resources in preparing environmental impact 
statements and environmental assessments pursuant to this 
subsection.
    (2) The President may establish exceptions from the 
requirements of this subsection for emergency conditions and 
for cases in which compliance with those requirements would be 
seriously detrimental to the foreign policy interests of the 
United States.
    Sec. 118.\4\ Tropical Forests.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100 Stat. 
3014) added sec. 118. See also footnote 2.
---------------------------------------------------------------------------
    (a) Importance of Forests and Tree Cover.--In enacting 
section 103(b)(3) of this Act the Congress recognized the 
importance of forests and tree cover to the developing 
countries. The Congress is particularly concerned about the 
continuing and accelerating alteration, destruction, and loss 
of tropical forests in developing countries, which pose a 
serious threat to development and the environment. Tropical 
forest destruction and loss--
          (1) result in shortages of wood, especially wood for 
        fuel; loss of biologically productive wetlands; 
        siltation of lakes, reservoirs, and irrigation systems; 
        floods; destruction of indigenous peoples; extinction 
        of plant and animal species; reduced capacity for food 
        production; and loss of genetic resources; and
          (2) can result in desertification and destabilization 
        of the earth's climate.
Properly managed tropical forests provide a sustained flow of 
resources essential to the economic growth of developing 
countries, as well as genetic resources of value to developed 
and developing countries alike.
    (b) Priorities.--The concerns expressed in subsection (a) 
and the recommendations of the United States Interagency Task 
Force on Tropical Forests shall be given high priority by the 
President--
          (1) in formulating and carrying out programs and 
        policies with respect to developing countries, 
        including those relating to bilateral and multilateral 
        assistance and those relating to private sector 
        activities; and
          (2) in seeking opportunities to coordinate public and 
        private development and investment activities which 
        affect forests in developing countries.
    (c) Assistance to Developing Countries.--In providing 
assistance to developing countries, the President shall do the 
following:
          (1) Place a high priority on conservation and 
        sustainable management of tropical forests.
          (2) To the fullest extent feasible, engage in 
        dialogues and exchanges of information with recipient 
        countries--
                  (A) which stress the importance of conserving 
                and sustainably managing forest resources for 
                the long-term economic benefit of those 
                countries, as well as the irreversible losses 
                associated with forest destruction, and
                  (B) which identify and focus on policies of 
                those countries which directly or indirectly 
                contribute to deforestation.
          (3) To the fullest extent feasible, support projects 
        and activities--
                  (A) which offer employment and income 
                alternatives to those who otherwise would cause 
                destruction and loss of forests, and
                  (B) which help developing countries identify 
                and implement alternatives to colonizing 
                forested areas.
          (4) To the fullest extent feasible, support training 
        programs, educational efforts, and the establishment or 
        strengthening of institutions which increase the 
        capacity of developing countries to formulate forest 
        policies, engage in relevant land-use planning, and 
        otherwise improve the management of their forests.
          (5) To the fullest extent feasible, help end 
        destructive slash-and-burn agriculture by supporting 
        stable and productive farming practices in areas 
        already cleared or degraded and on lands which 
        inevitably will be settled, with special emphasis on 
        demonstrating the feasibility of agroforestry and other 
        techniques which use technologies and methods suited to 
        the local environment and traditional agricultural 
        techniques and feature close consultation with and 
        involvement of local people.
          (6) To the fullest extent feasible, help conserve 
        forests which have not yet been degraded, by helping to 
        increase production on lands already cleared or 
        degraded through support of reforestation, fuelwood, 
        and other sustainable forestry projects and practices, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (7) To the fullest extent feasible, support projects 
        and other activities to conserve forested watersheds 
        and rehabilitate those which have been deforested, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (8) To the fullest extent feasible, support training, 
        research, and other actions which lead to sustainable 
        and more environmentally sound practices for timber 
        harvesting, removal, and processing, including 
        reforestation, soil conservation, and other activities 
        to rehabilitate degraded forest lands.
          (9) To the fullest extent feasible, support research 
        to expand knowledge of tropical forests and identify 
        alternatives which will prevent forest destruction, 
        loss, or degradation, including research in 
        agroforestry, sustainable management of natural 
        forests, small-scale farms and gardens, small-scale 
        animal husbandry, wider application of adopted 
        traditional practices, and suitable crops and crop 
        combinations.
          (10) To the fullest extent feasible, conserve 
        biological diversity in forest areas by--
                  (A) supporting and cooperating with United 
                States Government agencies, other donors (both 
                bilateral and multilateral), and other 
                appropriate governmental, intergovernmental, 
                and nongovernmental organizations in efforts to 
                identify, establish, and maintain a 
                representative network of protected tropical 
                forest ecosystems on a worldwide basis;
                  (B) whenever appropriate, making the 
                establishment of protected areas a condition of 
                support for activities involving forest 
                clearance of degradation; and
                  (C) helping developing countries identify 
                tropical forest ecosystems and species in need 
                of protection and establish and maintain 
                appropriate protected areas.
          (11) To the fullest extent feasible, engage in 
        efforts to increase the awareness of United States 
        Government agencies and other donors, both bilateral 
        and multilateral, of the immediate and long-term value 
        of tropical forests.
          (12) To the fullest extent feasible, utilize the 
        resources and abilities of all relevant United States 
        Government agencies.
          (13) Require that any program or project under this 
        chapter significantly affecting tropical forests 
        (including projects involving the planting of exotic 
        plant species)--
                  (A) be based upon careful analysis of the 
                alternatives available to achieve the best 
                sustainable use of the land, and
                  (B) take full account of the environmental 
                impacts of the proposed activities on 
                biological diversity,
        as provided for in the environmental procedures of the 
        Agency for International Development.
          (14) Deny assistance under this chapter for--
                  (A) the procurement or use of logging 
                equipment, unless an environmental assessment 
                indicates that all timber harvesting operations 
                involved will be conducted in an 
                environmentally sound manner which minimizes 
                forest destruction and that the proposed 
                activity will produce positive economic 
                benefits and sustainable forest management 
                systems; and
                  (B) actions which significantly degrade 
                national parks or similar protected areas which 
                contain tropical forests or introduce exotic 
                plants or animals into such areas.
          (15) Deny assistance under this chapter for the 
        following activities unless an environmental assessment 
        indicates that the proposed activity will contribute 
        significantly and directly to improving the livelihood 
        of the rural poor and will be conducted in an 
        environmentally sound manner which supports sustainable 
        development:
                  (A) Activities which would result in the 
                conversion of forest lands to the rearing of 
                livestock.
                  (B) The construction, upgrading, or 
                maintenance of roads (including temporary haul 
                roads for logging or other extractive 
                industries) which pass through relatively 
                undegraded forest lands.
                  (C) The colonization of forest lands.
                  (D) The construction of dams or other water 
                control structures which flood relatively 
                undegraded forest lands.
    (d) PVOs and Other Nongovernmental Organizations.--Whenever 
feasible, the President shall accomplish the objectives of this 
section through projects managed by private and voluntary 
organizations or international, regional, or national 
nongovernmental organizations which are active in the region or 
country where the project is located.
    (e) Country Analysis Requirements.--Each country 
development strategy statement or other country plan prepared 
by the Agency for International Development shall include an 
analysis of--
          (1) the actions necessary in that country to achieve 
        conservation and sustainable management of tropical 
        forests, and
          (2) the extent to which the actions proposed for 
        support by the Agency meet the needs thus identified.
    (f) Annual Report.--Each annual report required by section 
634(a) of this Act shall include a report on the implementation 
of this section.
    Sec. 119.\5\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]
---------------------------------------------------------------------------
    \5\ Sec. 304(g) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) repealed 
sec. 119, as added by Public Law 95-88 (91 Stat. 528), and amended by 
sec. 111 of the International Development and Food Assistance Act of 
1978 (92 Stat. 948), and by sec. 107 of the International Development 
Cooperation Act of 1979 (93 Stat. 362). See also sec. 106 of this Act 
for text concerning energy technologies, Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
    Sec. 119.\6\ Endangered Species.--(a) \7\ The Congress 
finds the survival of many animal and plant species is 
endangered by overhunting, by the presence of toxic chemicals 
in water, air and soil, and by the destruction of habitats. The 
Congress further finds that the extinction of animal and plant 
species is an irreparable loss with potentially serious 
environmental and economic consequences for developing and 
developed countries alike. Accordingly, the preservation of 
animal and plant species through the regulation of the hunting 
and trade in endangered species, through limitations on the 
pollution of natural ecosystems, and through the protection of 
wildlife habitats should be an important objective of the 
United States development assistance.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2151q.
    \7\ Sec. 702 of the International Environment Protection Act of 
1983 (title VII of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985, Public Law 98-164; 97 Stat. 1045) added paras. (a) 
and (b).
---------------------------------------------------------------------------
    (b) \7\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\8\ to assist countries in 
protecting and maintaining wildlife habitats and in developing 
sound wildlife management and plant conservation programs. 
Special efforts should be made to establish and maintain 
wildlife sanctuaries, reserves, and parks; to enact and enforce 
anti-poaching measures; and to identify, study, and catalog 
animal and plant species, especially in tropical environments.
---------------------------------------------------------------------------
    \8\ Sec. 533(d)(4)(A) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1227) inserted ``notwithstanding section 660''.
---------------------------------------------------------------------------
    (c) \9\ Funding Level.--For fiscal year 1987, not less than 
$2,500,000 of the funds available to carry out this part 
(excluding funds made available to carry out section 104(c)(2), 
relating to the Child Survival Fund) shall be allocated for 
assistance pursuant to subsection (b) for activities which were 
not funded prior to fiscal year 1987. In addition, the Agency 
for International Development shall, to the fullest extent 
possible, continue and increase assistance pursuant to 
subsection (b) for activities for which assistance was provided 
in fiscal years prior to fiscal year 1987.
---------------------------------------------------------------------------
    \9\ Sec. 302 of Public Law 99-529 (100 Stat. 3017) added paras. (c) 
through (h).
---------------------------------------------------------------------------
    (d) \9\ Country Analysis Requirements.--Each country 
development strategy statement or other country plan prepared 
by the Agency for International Development shall include an 
analysis of--
          (1) the actions necessary in that country to conserve 
        biological diversity, and
          (2) the extent to which the actions proposed for 
        support by the Agency meet the needs thus identified.
    (e) \9\ Local Involvement.--To the fullest extent possible, 
projects supported under this section shall include close 
consultation with and involvement of local people at all stages 
of design and implementation.
    (f) \9\ PVOs and Other Nongovernmental Organizations.--
Whenever feasible, the objectives of this section shall be 
accomplished through projects managed by appropriate private 
and voluntary organizations, or international, regional, or 
national nongovernmental organizations, which are active in the 
region or country where the project is located.
    (g) \9\ Actions by AID.--The Administrator of the Agency 
for International Development shall--
          (1) cooperate with appropriate international 
        organizations, both governmental and nongovernmental;
          (2) look to the World Conservation Strategy as an 
        overall guide for actions to conserve biological 
        diversity;
          (3) engage in dialogues and exchanges of information 
        with recipient countries which stress the importance of 
        conserving biological diversity for the long-term 
        economic benefit of those countries and which identify 
        and focus on policies of those countries which directly 
        or indirectly contribute to loss of biological 
        diversity;
          (4) support training and education efforts which 
        improve the capacity of recipient countries to prevent 
        loss of biological diversity;
          (5) whenever possible, enter into long-term 
        agreements in which the recipient country agrees to 
        protect ecosystems or other wildlife habitats 
        recommended for protection by relevant governmental or 
        nongovernmental organizations or as a result of 
        activities undertaken pursuant to paragraph (6), and 
        the United States agrees to provide, subject to 
        obtaining the necessary appropriations, additional 
        assistance necessary for the establishment and 
        maintenance of such protected areas;
          (6) support, as necessary and in cooperation with the 
        appropriate governmental and nongovernmental 
        organizations, efforts to identify and survey 
        ecosystems in recipient countries worthy of protection;
          (7) cooperate with and support the relevant efforts 
        of other agencies of the United States Government, 
        including the United States Fish and Wildlife Service, 
        the National Park Service, the Forest Service, and the 
        Peace Corps;
          (8) review the Agency's environmental regulations and 
        revise them as necessary to ensure that ongoing and 
        proposed actions by the Agency do not inadvertently 
        endanger wildlife species or their critical habitats, 
        harm protected areas, or have other adverse impacts on 
        biological diversity (and shall report to the Congress 
        within a year after the date of enactment of this 
        paragraph on the actions taken pursuant to this 
        paragraph);
          (9) ensure that environmental profiles sponsored by 
        the Agency include information needed for conservation 
        of biological diversity; and
          (10) deny any direct or indirect assistance under 
        this chapter for actions which significantly degrade 
        national parks or similar protected areas or introduce 
        exotic plants or animals into such areas.
    (h) \9\ Annual Reports.--Each annual report required by 
section 634(a) of this Act shall include, in a separate volume, 
a report on the implementation of this section.
          * * * * * * *

               Chapter 7--Debt-For-Nature Exchanges \10\

    Sec. 461.\11\ Definition.--For purpose of this chapter, the 
term ``debt-for-nature exchange'' means the cancellation or 
redemption of the foreign debt of the government of a country 
in exchange for--
---------------------------------------------------------------------------
    \10\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed ch. 7, as 
enacted in the Foreign Assistance Act of 1966 (Public Law 89-583) and 
titled: ``Joint Commissions on Rural Development''. Sec. 711 of the 
International Development and Finance Act of 1989 (Public Law 101-240; 
103 Stat. 2521) added this new ch. 7.
    \11\ 22 U.S.C. 2281. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 471''.
---------------------------------------------------------------------------
          (1) that government's making available local 
        currencies (including through the issuance of bonds) 
        which are used only for eligible projects involving the 
        conservation or protection of the environment in that 
        country (as described in section 463); \12\ or
---------------------------------------------------------------------------
    \12\ All sections in ch. 7 are misnumbered, as enacted by the 
International Development and Finance Act of 1989 (Public Law 101-240; 
103 Stat. 2521). Reference should read ``section 473''.
---------------------------------------------------------------------------
          (2) that government's financial resource or policy 
        commitment to take certain specified actions to ensure 
        the restoration, protection, or sustainable use of 
        natural resources within that country; or
          (3) a combination of assets and actions under both 
        paragraphs (1) and (2).
    Sec. 462.\13\ Assistance for Commercial Debt Exchanges.--
(a) The Administrator of the Agency for International 
Development is authorized to furnish assistance, in the form of 
grants on such terms and conditions as may be necessary, to 
nongovernmental organizations for the purchase on the open 
market of discounted commercial debt of a foreign government of 
an eligible country which will be canceled or redeemed under 
the terms of an agreement with that government as part of a 
debt-for-nature exchange.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 2282. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 472''.
---------------------------------------------------------------------------
    (b) Notwithstanding any other provision of law, a grantee 
(or any subgrantee) of the grants referred to in subsection (a) 
may retain, without deposit in the Treasury of the United 
States and without further appropriation by Congress, interest 
earned on the proceeds of any resulting debt-for-nature 
exchange pending the disbursements of such proceeds and 
interest for approved program purposes, which may include the 
establishment of an endowment, the income of which is used for 
such purposes.
    Sec. 463.\14\ Eligible Projects.--(a) The Administrator of 
the Agency for International Development shall seek to ensure 
that debt-for-nature exchanges under this chapter support one 
or more of the following activities by either the host 
government, a local private conservation group, or a 
combination thereof:
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2283. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 473''.
---------------------------------------------------------------------------
          (1) restoration, protection, or sustainable use of 
        the world's oceans and atmosphere;
          (2) restoration, protection, or sustainable use of 
        diverse animal and plant species;
          (3) establishment, restoration, protection, and 
        maintenance of parks and reserves;
          (4) development and implementation of sound systems 
        of natural resource management;
          (5) development and support of local conservation 
        programs;
          (6) training programs to strengthen conservation 
        institutions and increase scientific, technical, and 
        managerial capabilities of individuals and 
        organizations involved in conservation efforts;
          (7) efforts to generate knowledge, increase 
        understanding, and enhance public commitment to 
        conservation;
          (8) design and implementation of sound programs of 
        land and ecosystem management; and
          (9) promotion of regenerative approaches in farming, 
        forestry, fishing, and watershed management.
  (b)(1) In cooperation with nongovernmental organizations, the 
Administrator of the Agency for International Development shall 
seek to identify those areas, which because of an imminent 
threat, are in particular need of immediate attention to 
prevent the loss of unique biological life or valuable 
ecosystem.
  (2) The Administrator of the Agency for International 
Development shall encourage as many eligible countries as 
possible to propose such exchanges with the purpose of 
demonstrating to a large number of governments the feasibility 
and benefits of sustainable development.
  Sec. 464.\15\ Eligible Countries.--In order for a foreign 
country to be eligible to participate in a debt-for-nature 
exchange under this chapter, the Administrator of the Agency 
for International Development shall determine that--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2284. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 474''.
---------------------------------------------------------------------------
          (1) the host country is fully committed to the long-
        term viability of the program or project that is to be 
        undertaken through the debt-for-nature exchange;
          (2) a long-term plan has been prepared by the host 
        country, or private conservation group, which 
        adequately provides for the long-term viability of the 
        program or project that is to be undertaken through the 
        debt-for-nature exchange or that such a plan will be 
        prepared in a timely manner; and
          (3) there is a government agency or a local 
        nongovernmental organization, or combination thereof, 
        in the host country with the capability, commitment, 
        and record of environmental concern to oversee the 
        long-term viability of the program or project that is 
        to be undertaken through the debt-for-nature exchange.
  Sec. 465.\16\ Terms and Conditions.--(a) The terms and 
conditions for making grants under this chapter shall be deemed 
to be fulfilled upon final approval by the Administrator of the 
Agency for International Development of the debt-for-nature 
exchange, a certification by the nongovernmental organization 
that the host government has accepted the terms of the 
exchange, and that an agreement has been reached to cancel the 
commercial debt in an agreed upon fashion.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2285. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 475''.
---------------------------------------------------------------------------
  (b) Grants made under this section are intended to 
complement, and not substitute for, assistance otherwise 
available to a foreign country under this Act or any other 
provision of law.
  (c) The United States Government is prohibited from accepting 
title or interest in any land in a foreign country as a 
condition on the debt exchange.
  Sec. 466.\17\ Pilot Program for Sub-Saharan Africa.--(a) The 
Administrator of the Agency for International Development, in 
cooperation with nongovernmental conservation organizations, 
shall invite the government of each country in sub-Saharan 
Africa to submit a list of those areas of severely degraded 
national resources which threaten human survival and well-being 
and the opportunity for future economic growth or those areas 
of biological or ecological importance within the territory of 
that country.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2286. As enacted by the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all 
sections in ch. 7 are misnumbered, Should read ``Sec. 476''.
---------------------------------------------------------------------------
  (b) The Administrator of the Agency for International 
Development shall assess the list submitted by each country 
under subsection (a) and shall seek to reach agreement with the 
host country for the restoration and future sustainable use of 
those areas.
  (c)(1) The Administrator of the Agency for International 
Development is authorized to make grants, on such terms and 
conditions as may be necessary, to nongovernmental 
organizations for the purchase on the open market of discounted 
commercial debt of a foreign government of an eligible sub-
Saharan country in exchange for commitments by that government 
to restore natural resources identified by the host country 
under subsection (a) or for commitments to develop plans for 
sustainable use of such resources.
  (2) Notwithstanding any other provision of law, a grantee (or 
any subgrantee) of the grants referred to in section (a) may 
retain, without deposit in the Treasury of the United States 
and without further appropriation by Congress, interest earned 
on the proceeds of any resulting debt-for-nature exchange 
pending the disbursements of such proceeds and interest for 
approved program purposes, which may include the establishment 
of an endowment, the income of which is used for such purposes.
          * * * * * * *

Chapter 11--Support for the Economic and Democratic Development of the 
             Independent States of the Former Soviet Union

SEC. 498.\18\ ASSISTANCE FOR THE INDEPENDENT STATES.

    The President is authorized to provide assistance to the 
independent states of the former Soviet Union under this 
chapter for the following activities: * * *
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2295.
---------------------------------------------------------------------------
          (9) \19\ Energy efficiency and production.--Promoting 
        market-based pricing policies and the transfer of 
        technologies that reduce energy wastage and harmful 
        emissions; supporting developmentally sound capital 
        energy projects that utilize United States advanced 
        coal technologies; and promoting efficient production, 
        use, and transportation of oil, gas, coal, and other 
        sources of energy.
---------------------------------------------------------------------------
    \19\ Sec. 4(a)(2) of Public Law 107-246 (116 Stat. 1514) 
redesignated para. (8) as para. (9), resulting in two para. (9).
---------------------------------------------------------------------------
          (9) Civilian nuclear reactor safety.--Implementing--
                  (A) a program of short-term safety upgrade of 
                civilian nuclear power plants, including the 
                training of power plant personnel, 
                implementation of improved procedures for 
                nuclear power plant operation, the development 
                of effective and independent regulatory 
                authorities, and cost-effective hardware 
                upgrades; and
                  (B) a program to retire those civilian 
                nuclear power plants whose capacity could be 
                more cost-effectively replaced through energy 
                efficiency.
          (10) Environment.--Enhancing the human and natural 
        environment and conserving environmental resources, 
        including through--
                  (A) facilitation of the adoption of 
                environmentally-sound policies and 
                technologies, environmental restoration, and 
                sustainable use of natural resources;
                  (B) promotion of the provision of 
                environmental technology, education, and 
                training by United States businesses, not-for-
                profit organizations, and institutions of 
                higher education; and
                  (C) promotion of cooperative research efforts 
                to validate and improve environmental 
                monitoring of protracted radiation exposure.
          * * * * * * *

SEC. 498A.\20\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE 
                    INDEPENDENT STATES.

    (a) \21\ In General.--In providing assistance under this 
chapter for the government of any independent state of the 
former Soviet Union, the President shall take into account not 
only relative need but also the extent to which that 
independent state is acting to--* * *
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 2295a.
    \21\ Sec. 2(c) of Executive Order 12884 of December 1, 1993 (58 
F.R. 64099), delegated to the Coordinator (as established in sec. 102 
of the FREEDOM Support Act; 22 U.S.C. 5812) those functions conferred 
upon the President in secs. 498A(a), 498B(c), and 498B(g).
---------------------------------------------------------------------------
          (7) take constructive actions to protect the 
        international environment, prevent significant 
        transborder pollution, and promote sustainable use of 
        natural resources;
          * * * * * * *

                                PART II

          * * * * * * *

                     Chapter 2--Military Assistance

          * * * * * * *
    Sec. 518. Natural Resources and Wildlife Management. * * * 
[Repealed--1996] \22\
---------------------------------------------------------------------------
    \22\ Sec. 104(b)(2)(B) of Public Law 104-164 (110 Stat. 1427) 
repealed sec. 518 which had been added by sec. 533(f) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 2015). Sec. 518 had authorized the 
transfer of nonlethal excess defense articles and small arms to 
friendly countries, international organizations, and private and 
voluntary organizations for the purposes of sec. 119 of this Act.
---------------------------------------------------------------------------
          * * * * * * *
    (2) Foreign Operations, Export Financing, and Related Programs 
                      Appropriations Act, 2004 \1\

  Partial text of Public Law 108-199 [Division D of the Consolidated 
Appropriations Act, 2005; H.R. 2673], 118 Stat. 3, approved January 23, 
                                  2003

 AN ACT Making appropriations for Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies for the fiscal year 
           ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ For additional text of this Act, see Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                          APPROPRIATIONS, 2004

          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                          environment programs

    Sec. 555. (a) Funding.--Of the funds appropriated under the 
heading ``Development Assistance'', not less than $155,000,000 
shall be made available for programs and activities which 
directly protect biodiversity, including forests, in developing 
countries, of which $1,500,000 should be made available to 
improve the capacity of indigenous groups and local 
environmental organizations and law enforcement agencies to 
protect the biodiversity of indigenous reserves in the Amazon 
Basin region of Brazil, which amount shall be in addition to 
the amount requested in this Act for assistance for Brazil for 
fiscal year 2004: Provided, That not later than 1 year after 
enactment of this Act, the Secretary of State, in coordination 
with the Administrator of the United States Agency for 
International Development and other appropriate departments and 
agencies, and after consultation with appropriate governments 
and nongovernmental organizations, shall submit to the 
Committees on Appropriations a strategy for biodiversity 
conservation in the Amazon Basin region of South America: 
Provided further, That of the funds appropriated under the 
headings ``Development Assistance'' and ``Andean Counterdrug 
Initiative'', funds shall be made available in fiscal year 2004 
to develop the strategy described in the previous proviso: 
Provided further, That of the funds appropriated by this Act, 
not less than $180,000,000 shall be made available to support 
policies and programs in developing countries that directly: 
(1) promote a wide range of energy conservation, energy 
efficiency and clean energy programs and activities, including 
the transfer of clean and environmentally sustainable energy 
technologies; (2) measure, monitor, and reduce greenhouse gas 
emissions; (3) increase carbon sequestration activities; and 
(4) enhance climate change mitigation and adaptation programs.
    (b) Climate Change Report.--Not later than 45 days after 
the date on which the President's fiscal year 2005 budget 
request is submitted to Congress, the President shall submit a 
report to the Committees on Appropriations describing in detail 
the following--
          (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs 
        and activities in fiscal year 2004, including an 
        accounting of expenditures by agency with each agency 
        identifying climate change activities and associated 
        costs by line item as presented in the President's 
        Budget Appendix; and
          (2) all fiscal year 2003 obligations and estimated 
        expenditures, fiscal year 2004 estimated expenditures 
        and estimated obligations, and fiscal year 2005 
        requested funds by the United States Agency for 
        International Development, by country and central 
        program, for each of the following: (i) to promote the 
        transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; 
        (ii) to assist in the measurement, monitoring, 
        reporting, verification, and reduction of greenhouse 
        gas emissions; (iii) to promote carbon capture and 
        sequestration measures; (iv) to help meet such 
        countries' responsibilities under the Framework 
        Convention on Climate Change; and (v) to develop 
        assessments of the vulnerability to impacts of climate 
        change and mitigation and adaptation response 
        strategies.
          * * * * * * *
    (3) Foreign Operations, Export Financing, and Related Programs 
                      Appropriations Act, 1993 \1\

    Partial text of Public Law 102-391 [H.R. 5368], 106 Stat. 1633, 
                        approved October 6, 1992

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1993, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1993, and for other purposes, namely:
---------------------------------------------------------------------------
    \1\ For partial text of this Act, see Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                              environment

    Sec. 532.\2\ (a) It is the policy of the United States that 
sustainable economic growth must be predicated on the 
sustainable management of natural resources. The Secretary of 
the Treasury shall instruct the United States Executive 
Director of each multilateral development bank (MDB) to 
continue to promote vigorously the environmental and energy 
initiatives established in section 533(a) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513).\3\ The Secretary 
of the Treasury, in cooperation with the Secretary of State, 
shall also undertake direct, bilateral discussions with 
appropriate officials of the governments of the member nations 
of the Organization for Economic Cooperation and Development 
with a goal of building greater international support for the 
environmental goals established in subsection (d) of this 
section. The Secretary of the Treasury shall submit a report to 
the Committees on Appropriations by March 1, 1993, which 
describes the progress of these bilateral discussions.
---------------------------------------------------------------------------
    \2\ Originally codified at 22 U.S.C. 262l. It was omitted from the 
U.S. Code when it was not repeated in subsequent appropriation acts. 
Similar language was first enacted as sec. 540 of the Foreign 
Assistance Appropriations Act, 1986.
    \3\ For text of sec. 533, see page 487.
---------------------------------------------------------------------------
    (b) The Secretary of the Treasury shall, not later than 
March 1, 1993, submit a report to the Congress containing the 
same information as requested in section 533(b) of Public Law 
101-513.
    (c)(1) In furtherance of the policies contained in section 
533(a) of Public Law 101-513 and section 1308 of the 
International Development and Finance Act of 1989 (Public Law 
101-240), and as a basis for measuring more effectively 
progress by the MDBs toward improved environmental performance, 
the Secretary of the Treasury shall instruct the United States 
Executive Directors of the MDBs to encourage each MDB, at a 
minimum, to meet the benchmarks established in paragraph (2) in 
the areas of sustainable energy development, forest 
conservation, forced displacement of populations, and 
environmental impact assessment. On March 1, 1993 and March 1, 
1994, the Secretary of the Treasury shall submit a report to 
the Congress describing in detail the progress being made by 
the MDBs in meeting these benchmarks.
    (2) For the purposes of paragraph (1), benchmarks are as 
follows:
          (A) In the area of sustainable energy development--
                  (i) all loans in the energy sector should be 
                based on, or support development of, ``least-
                cost'' integrated resource plans. Such plans 
                shall include analyses of possible end-use 
                energy efficiency measures and nonconventional 
                renewable energy options, and such plans shall 
                reflect the quantifiable environmental costs of 
                proposed energy developments;
                  (ii) a substantial portion of loans and 
                grants in the energy, industry, and 
                transportation sectors shall be devoted to end-
                use energy efficiency improvements and 
                nonconventional renewable energy development; 
                and
                  (iii) all organizational units within the 
                MDBs should create staff positions in a 
                management role in end-use efficiency and 
                renewable energy, which positions shall be 
                staffed by individuals with professional 
                experience in program design and management and 
                educational degrees in relevant technical 
                disciplines.
          (B) In the area of forest conservation--
                  (i) forestry loans should not support 
                commercial logging in relatively undisturbed 
                primary forests, nor should loans result in any 
                significant loss of tropical forests;
                  (ii) forestry loans should not be disbursed 
                until legal, economic, land tenure, and other 
                policy conditions needed to ensure 
                sustainability are in place;
                  (iii) loans should not support mineral, 
                petroleum, or other industrial development in, 
                or construction or upgrading of roads through, 
                relatively undisturbed primary forests unless 
                adequate safeguards and monitoring systems, 
                developed in consultation with local 
                populations, are already in place to prevent 
                degradation of the surrounding forests;
                  (iv) loans should be consistent with and 
                support the needs and rights of indigenous 
                peoples and other long-term forest inhabitants 
                and should not be made to countries which have 
                shown an unwillingness to resolve fairly the 
                territorial claims of such people; and
                  (v) support for protection of biological 
                diversity, in close consultation with local 
                communities, should be increased to account for 
                a larger proportion of MDB lending.
          (C) In the area of forced displacement of 
        populations--
                  (i) the World Bank, Inter-American 
                Development Bank, and Asian Development Bank 
                should maintain a listing, available to the 
                Secretary of the Treasury, of all ongoing 
                projects involving forced displacement of 
                populations, including the number of people 
                displaced and a report on the status of the 
                implementation of their resettlement policy 
                guidelines for each such project, and obtain 
                agreements with borrowers to ensure that all 
                ongoing projects involving forced displacement 
                will be in full compliance with their 
                resettlement policy guidelines by mid-1993; and
                  (ii) the African Development Bank should 
                adopt and implement policy guidelines on forced 
                displacement similar to such guidelines of the 
                other MDBs.
          (D) In the area of procedures for environmental 
        impact assessment (EIA)--
                  (i) each MDB should require that draft and 
                final EIA reports be made available to the 
                public in borrowing and donor countries and 
                that the public be offered timely opportunities 
                for comment on the EIA process, including 
                initial scoping sessions, review of EIA 
                categories assigned to individual projects, and 
                opportunities to comment on draft and final EIA 
                reports;
                  (ii) each MDB should apply EIA requirements 
                to all sector loans and develop and apply the 
                methodology for environmental assessment of 
                structural adjustment loans;
                  (iii) each MDB should require that the EIA 
                process include analyses of the potential 
                impacts of proposed projects on the global 
                environment; and
                  (iv) each MDB should require the head of the 
                appropriate environmental unit, rather than 
                project officers, determine the appropriate 
                type of environmental analysis required under 
                the bank's EIA procedures.
    (d) The Administrator of the Agency for International 
Development shall instruct all Agency missions and bureaus to 
continue to implement all elements of the ``Global Warming 
Initiative'' as defined in, and which may continue under, the 
authorities of sections 533(c) (1) through (4) of Public Law 
101-513. The Initiative shall continue to emphasize the need to 
reduce emissions of greenhouse gases through strategies 
consistent with continued economic development, such as forest 
conservation, end-use energy efficiency, least-cost energy 
planning, and renewable energy development. The Administrator 
shall direct Agency mission directors to incorporate these 
strategies in their country programs.
    (e) Of the funds appropriated by this Act under the 
headings in title II of this Act under ``Agency for 
International Development'', not less than $650,000,000 shall 
be made available for environment and energy activities, 
including funds earmarked under section 533 of this Act, 
including the following--
          (1) Not less than $20,000,000 of the aggregate of the 
        funds appropriated to carry out the provisions of 
        sections 103 through 106 and chapter 10 of part I of 
        the Foreign Assistance Act of 1961 shall be made 
        available for biological diversity activities, of which 
        $5,000,000 shall be made available for the Parks in 
        Peril project pursuant to the authority of section 
        119(b) of that Act; $1,500,000 shall be for the 
        National Science Foundation's international biological 
        diversity program; $750,000 shall be for the 
        Neotropical Bird Conservation Initiative of the 
        National Fish and Wildlife Foundation; and up to 
        $2,000,000 shall be for Project Noah;
          (2) Not less than $15,000,000 of the funds 
        appropriated for the Development Assistance Fund and to 
        carry out the provisions of chapter 10 of part I of the 
        Foreign Assistance Act of 1961 shall be made available 
        to support replicable renewable energy projects, and 
        the Agency for International Development shall initiate 
        at least five significant new activities in renewable 
        energy during fiscal year 1993;
          (3) Not less than $7,000,000 of the funds 
        appropriated for the Development Assistance Fund and to 
        carry out the provisions of chapter 10 of part I of the 
        Foreign Assistance Act of 1961 shall be made available 
        for assistance in support of elephant conservation and 
        preservation;
          (4) Not less than $25,000,000 of the funds 
        appropriated for the Development Assistance Fund shall 
        be made available for the Office of Energy of the 
        Agency for International Development; and
          (5) Up to $50,000,000 of the funds appropriated to 
        carry out the provisions of chapter 4 of part II of the 
        Foreign Assistance Act of 1961 may be made available to 
        carry out the ``Forests for the Future Initiative'' and 
        to achieve a Global Forest Agreement.
    (f) Of the funds appropriated by this Act to carry out the 
provisions of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, the Agency for International 
Development should, to the extent feasible and inclusive of 
funds earmarked under subsection (e) of this section, target 
assistance for the following activities:
          (1) $50,000,000 for projects associated with the 
        Global Environment Facility;
          (2) a total of $10,000,000 for CORECT, the 
        Environmental Technology Export Council, and the 
        International Fund for Renewable Energy Efficiency; and
          (3) $55,000,000 for activities consistent with the 
        Global Warming Initiative.
    (g) Funds appropriated by this Act or any subsequent Act 
for the Development Assistance Fund and the Development Fund 
for Africa may be used for expenses (including related support 
costs) relating to the environment and energy sectors, of 
individuals detailed to or employed by the Agency for 
International Development, particularly those involved with the 
``Global Warning Initiative'' described in this subsection.
    (h) Of the funds appropriated by this Act to carry out the 
provisions of section 23 of the Arms Export Control Act, not 
less than $15,000,000 shall be made available to countries in 
Africa for programs which support conservation and biological 
diversity.
          * * * * * * *
    (4) Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1991

    Partial text of Public Law 101-513 [H.R. 5114], 104 Stat. 1979, 
   approved November 5, 1990; as amended by Public Law 102-27 [Dire 
  Emergency Supplemental Appropriations for Consequences of Operation 
  Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation 
 Administration, Veterans Compensation and Pensions, and Other Urgent 
 Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1991, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1991, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                     environment and global warming

  Sec. 533.\1\ (a) It is the policy of the United States that 
sustainable economic growth must be predicated on the 
sustainable management of natural resources. The Secretary of 
the Treasury shall instruct the United States Executive 
Director of each multilateral development bank (MDB) to promote 
vigorously within each MDB the expansion of programs in areas 
which address the problems of global climate change through 
requirements to--
---------------------------------------------------------------------------
    \1\ Originally codified at 22 U.S.C. 262l. It was omitted from the 
U.S. Code when it was not repeated in subsequent appropriation acts. 
Similar language was first enacted as sec. 540 of the Foreign 
Assistance Appropriations Act, 1986.
---------------------------------------------------------------------------
          (1) expand programs in energy conservation, end use 
        energy efficiency, and renewable energy and promotion 
        by--
                  (A) continuing to augment and expand 
                professional staffs with expertise in these 
                areas;
                  (B) giving priority to these areas in the 
                ``least cost'' energy sector investment plans;
                  (C) encouraging and promoting these areas in 
                policy-based energy sector lending;
                  (D) developing loans for these purposes; and
                  (E) convening seminars for MDB staff and 
                board members on these areas and alternative 
                energy investment opportunities;
          (2) provide analysis for each proposed loan to 
        support additional power generating capacity comparing 
        demand reduction costs to proposal costs;
          (3) continue to assure that environmental impact 
        assessments (EIA) of proposed energy projects are 
        conducted early in the project cycle, include 
        consideration of alternatives to the proposed project, 
        and encourage public participation in the EIA process;
          (4) continue to include the environmental costs of 
        proposed projects with significant environmental 
        impacts in economic assessments; and
          (5) continue to provide technical assistance as a 
        component of energy sector lending.
  (b) The Secretary of the Treasury shall, not later than March 
1, 1991, submit an annual report to the Congress which shall 
include--
          (1) a detailed description of how the natural 
        resource management initiatives mandated by this 
        section have been incorporated in the Administration's 
        efforts to address Third World Debt (the Brady Plan);
          (2) a detailed description of progress made by each 
        of the MDBs in adopting and implementing programs 
        meeting the standards set out in subsection (a) 
        including, in particular, efforts by the Department of 
        the Treasury to assure implementation of this section, 
        progress made by each MDB in subsection (a)(1)(B), and 
        the amounts and proportion of lending in the energy 
        sector for projects or programs in subsection (a)(1);
          (3) the progress the Inter-American Development Bank 
        has made in implementing environmental reforms;
          (4) an updated analysis of each MDB's forestry sector 
        loans, and a current analysis of each MDB's energy 
        sector loans, and their impact on emissions of 
        CO2 and the status of proposals for specific 
        forestry and energy sector activities to reduce 
        CO2 emissions; and
          (5) the progress the International Bank for 
        Reconstruction and Development has made in implementing 
        the recommendations set forth in the April 1, 1988, 
        report on ``Debt-for-Nature Swaps'' by the World Bank.
  (c)(1) The Administrator of the Agency for International 
Development shall update and issue guidance to all Agency 
missions and bureaus detailing the elements of the ``Global 
Warming Initiative'',\2\ which will continue to emphasize the 
need to reduce emissions of greenhouse gases, especially 
CO2 and CFCs, through strategies consistent with 
continued economic development. This initiative shall continue 
to emphasize the need to accelerate sustainable development 
strategies in areas such as reforestation, biodiversity, end-
use energy efficiency, least-cost energy planning, and 
renewable energy, and shall encourage mission directors to 
incorporate the elements of this initiative in developing their 
country programs.
---------------------------------------------------------------------------
    \2\ The Global Warming Initiative was enacted as sec. 534 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990.
---------------------------------------------------------------------------
  (2) The Administrator shall pursue this initiative by, among 
other things--
          (A) increasing the number and expertise of personnel 
        devoted to this initiative in all bureaus and missions;
          (B) devoting increased resources to technical 
        training of mission directors;
          (C) accelerating the activities of the Multi-Agency 
        Working Group on Power Sector Innovation;
          (D) focusing tropical forestry assistance programs on 
        the key middle- and low-income developing countries 
        (hereinafter ``key countries'') which are projected to 
        contribute large amounts of greenhouse gases to the 
        global environment;
          (E) assisting countries in developing a systematic 
        analysis of the appropriate use of their total tropical 
        forest resources, with the goal of developing a 
        national program for sustainable forestry;
          (F) focusing energy assistance activities on the key 
        countries, where assistance would have the greatest 
        impact on reducing emissions from greenhouse gases; and
          (G) continuing to follow the directives with respect 
        to key countries and countries that receive large 
        Economic Support Fund assistance contained in section 
        534(b)(3) of Public Law 101-167.
  (3) None of the funds appropriated in this Act shall be 
available for any program, project or activity which would--
          (A) result in any significant loss of tropical 
        forests; or
          (B) involve commercial \3\ timber extraction in 
        primary tropical forest areas unless an environmental 
        assessment:
---------------------------------------------------------------------------
    \3\ Sec. 308 of Public Law 102-27 (105 Stat. 152) struck out 
``industrial'' and inserted in lieu thereof ``commercial'' and inserted 
text to end of subpara. (B) beginning with ``unless an environmental 
assessment:''.
---------------------------------------------------------------------------
                  (i) identifies potential impacts on 
                biological diversity;
                  (ii) demonstrates that all timber extraction 
                will be conducted according to an 
                environmentally sound management system which 
                maintains the ecological functions of the 
                natural forest and minimizes impacts on 
                biological diversity; and
                  (iii) demonstrates that the activity will 
                contribute to reducing deforestation.
  (4) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting tropical forestry and energy programs 
aimed at reducing emissions of greenhouse gases with regard to 
the key countries in which deforestation and energy policy 
would make a significant contribution to global warming, except 
that such assistance shall be subject to sections 116, 502B, 
and 620A of the Foreign Assistance Act of 1961.
  (5) Funds appropriated by this Act to carry out the 
provisions of sections 103 and 106 of the Foreign Assistance 
Act of 1961 may be used for expenses (including related support 
costs) relating to the environment and energy sectors, of 
employees or individuals detailed to or employed by the Agency 
for International Development, particularly those involved with 
the ``Global Warming Initiative'' described in this subsection.
  (d) Of the funds appropriated by this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961, not 
less than $80,000,000 shall be made available for environment 
and energy activities, including funds earmarked under section 
534 of this Act, as follows--
          (1) not less than $15,000,000 of the aggregate of the 
        funds appropriated to carry out the provisions of 
        sections 103 through 106 and chapter 10 of part I of 
        the Foreign Assistance Act of 1961 shall be made 
        available for biological diversity activities, of 
        which: $3,000,000 shall be made available for the Parks 
        in Peril project pursuant to the authority of section 
        119(b) of that Act, $500,000 shall be for neotropical 
        migratory bird conservation in Latin America and the 
        Caribbean, $100,000 shall be for the Charles Darwin 
        Station, $750,000 shall be for Project Noah, and 
        $1,500,000 shall be for the National Science 
        Foundation's international biological diversity 
        program;
          (2) not less than $30,000,000 of the funds 
        appropriated to carry out the provisions of sections 
        103 and 106 of the Foreign Assistance Act of 1961 shall 
        be made available to support the ``Global Warming 
        Initiative'' as described in this section;
          (3) not less than $5,000,000 of the funds 
        appropriated to carry out the provisions of sections 
        103, 106 and chapter 10 of part I of the Foreign 
        Assistance Act of 1961 shall be made available for 
        assistance in support of elephant conservation and 
        preservation; and
          (4) not less than $20,000,000 of the funds 
        appropriated to carry out the provisions of sections 
        103 and 106 of the Foreign Assistance Act of 1961 shall 
        be made available for the Office of Energy of the 
        Agency for International Development.
  (e) Of the funds appropriated by this Act to carry out the 
provisions of section 23 of the Arms Export Control Act, not 
less than $15,000,000 shall be made available to countries in 
Africa for programs which support conservation and biological 
diversity.
  (f) * * *
  (g) Notwithstanding any other provision of law, none of the 
funds appropriated by this Act for programs of the Agency for 
International Development may be made available for any project 
or activity except in accordance with the requirements of 
section 117(c) of the Foreign Assistance Act of 1961 and the 
regulations issued pursuant thereto (22 CFR 216).
          * * * * * * *

              TITLE VI--INTERNATIONAL FORESTRY COOPERATION

SEC. 601. SHORT TITLE.

  This title may be cited as the ``International Forestry 
Cooperation Act of 1990''.

SEC. 602. FORESTRY AND RELATED NATURAL RESOURCE ASSISTANCE.

  (a) Focus of Activities.--To achieve the maximum impact from 
activities undertaken under the authority of this title, the 
Secretary shall focus such activities on the key countries 
which could have a substantial impact on emissions of 
greenhouse gases related to global warming.
  (b) Authority for International Forestry Activities.--In 
support of forestry and related natural resource activities 
outside of the United States and its territories and 
possessions, the Secretary of Agriculture (hereinafter referred 
to in this title as the Secretary) may--
          (1) provide assistance that promotes sustainable 
        development and global environmental stability, 
        including assistance for--
                  (A) conservation and sustainable management 
                of forest land;
                  (B) forest plantation technology and tree 
                improvement;
                  (C) rehabilitation of cutover lands, eroded 
                watersheds, and areas damaged by wildfires or 
                other natural disasters;
                  (D) prevention and control of insects, 
                diseases, and other damaging agents;
                  (E) preparedness planning, training, and 
                operational assistance to combat natural 
                disasters;
                  (F) more complete utilization of forest 
                products leading to resource conservation;
                  (G) range protection and enhancement; and
                  (H) wildlife and fisheries habitat protection 
                and improvement;
          (2) share technical, managerial, extension, and 
        administrative skills related to public and private 
        natural resource administration;
          (3) provide education and training opportunities to 
        promote the transfer and utilization of scientific 
        information and technologies;
          (4) engage in scientific exchange and cooperative 
        research with foreign governmental, educational, 
        technical and research institutions; and
          (5) cooperate with domestic and international 
        organizations that further international programs for 
        the management and protection of forests, rangelands, 
        wildlife and fisheries, and related natural resource 
        activities.
  (c) Eligible Countries.--The Secretary shall undertake the 
activities described in subsection (b), in countries that 
receive assistance from the Agency for International 
Development only at the request, or with the concurrence, of 
the Administrator of the Agency for International Development.

SEC. 603. TROPICAL DEFORESTATION ASSESSMENT AND ASSISTANCE.

  In support of the Tropical Forestry Action Plan and to 
specifically address tropical deforestation and degradation, 
the Secretary may--
          (1) support and actively participate in global and 
        regional meetings that seek to reform such Plan;
          (2) together with the United States Agency for 
        International Development, and other Federal agencies, 
        provide technical assistance to tropical countries for 
        the formulation of national forestry sector development 
        strategies; and
          (3) cooperate with tropical countries on research, 
        training, and technical programs aimed at implementing 
        national forestry sector development strategies.

SEC. 604. INSTITUTE OF TROPICAL FORESTRY.

  (a) Expansion.--The Secretary shall expand the capabilities 
of and construct additional facilities at the Caribbean 
National Forest and Institute of Tropical Forestry in Puerto 
Rico, as the Secretary determines necessary to support the 
purpose of this title, and as funds are appropriated for such 
expansion and construction.
  (b) Tropical Forestry Plans.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall prepare and 
submit to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate, the Committee on Agriculture of the House of 
Representatives, and to the Committees on Appropriations of the 
Senate and House of Representatives, a tropical forestry plan 
for the expansion and construction of additional facilities 
under subsection (a). Such plan shall include provisions for--
          (1) the construction or acquisition of a major center 
        for education, interpretation, and appreciation of the 
        benefits and methods of the intelligent management of 
        tropical forests;
          (2) the acquisition or construction of facilities for 
        housing and classroom instruction near the Caribbean 
        National Forest/Luguillo Experimental Forest; and
          (3) the acquisition or construction of facilities for 
        the study and recovery of endangered tropical wildlife, 
        fish and plant species.
          * * * * * * *

SEC. 609.\4\, \5\ ADMINISTRATIVE PROVISIONS.
---------------------------------------------------------------------------

    \4\ 16 U.S.C. 4504.
    \5\ Sec. 2(a)(1) of the Hawaii Tropical Forest Recovery Act (Public 
Law 102-574; 106 Stat. 4593) redesignated secs. 605 through 607 as 
secs. 609 through 611, and added new secs. 605 through 607, relating to 
the Institute of Pacific Islands Forestry. See 16 U.S.C. 4503a et seq.
---------------------------------------------------------------------------
  (a) Coordination of Activities.--The Secretary shall 
coordinate all activities outside of the United States under 
this title with other Federal officials, departments, agencies, 
and international organizations, as the President may require.
  (b) Assistance.--The Secretary may provide assistance, as 
determined appropriate by the Secretary to carry out this 
title, including technical and financial assistance, equipment, 
and facilities without reimbursement.

SEC. 610.\5\, \6\ AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 4505.
---------------------------------------------------------------------------

SEC. 611.\5\, \7\ CONFORMING AMENDMENTS. * * *
---------------------------------------------------------------------------
    \7\ Sec. 607 amended the Forest and Rangeland Renewable Resources 
Research Act of 1978 (16 U.S.C. 1641 et seq.), and the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. et seq.).
    (5) Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1990

    Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195, 
                       approved November 21, 1989

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1990, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1990, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                       global warming initiative

    Sec. 534. (a) Tropical Forestry Assistance.--(1) In order 
to achieve the maximum impact from activities relating to 
tropical forestry, the Agency for International Development 
shall focus tropical forestry assistance programs on the key 
middle- and low-income developing countries (hereinafter ``key 
countries'') which are projected to contribute large amounts of 
greenhouse gases related to global warming as a result of 
industrialization and the burning of fossil fuels, and 
destruction of tropical forests.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting tropical forestry programs aimed at 
reducing emissions of greenhouse gases with regard to the key 
countries in which deforestation makes a significant 
contribution to global warming, except that such assistance 
shall be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) In providing assistance relating to tropical forests, 
the Administrator of that Agency shall, to the extent feasible 
and appropriate, assist countries in developing a systematic 
analysis of the appropriate use of their total tropical forest 
resources, with the goal of developing a national program for 
sustainable forestry.
    (b) Energy Assistance.--(1) In order to achieve the maximum 
impact from activities relating to energy, the Agency for 
International Development shall focus energy assistance 
activities on the key countries, where assistance would have 
the greatest impact on reducing emissions from greenhouse 
gases. Such assistance shall be focused on improved energy 
efficiency, increased use of renewable energy resources and 
national energy plans (such as least-cost energy plans) which 
include investment in end-use efficiency and renewable energy 
resources.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting energy programs aimed at reducing 
emissions of greenhouse gases related to global warming with 
regard to the key countries, except that such assistance shall 
be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) It is the sense of the Congress that the Agency for 
International Development should increase its efforts in the 
fields of energy efficiency, renewable energy, and energy 
planning. Such increase should take place with respect to key 
countries and countries with large Economic Support Fund 
project assistance. Such efforts should include--
          (A) an increase in the number of Agency for 
        International Development staff with energy expertise, 
        including staff with expertise in renewable energy 
        technologies and end-use efficiency;
          (B) assistance to develop analyses of energy-sector 
        actions that could minimize emissions of greenhouse 
        gases at least cost, while at the same time meeting 
        basic economic and social development needs. Such 
        assistance should include country-specific analyses 
        which compare the economic and environmental costs of 
        actions to promote energy efficiency and 
        nonconventional renewable energy with the economic and 
        environmental costs of investments to provide 
        additional conventional energy supplies;
          (C) assistance to develop energy-sector plans that 
        employ end-use analysis and other techniques to 
        identify the most cost-effective actions to minimize 
        increased reliance on fossil fuels, ensuring to the 
        maximum extent feasible that nongovernmental 
        organizations and academic institutions are involved in 
        this planning;
          (D) insuring that AID energy assistance--including 
        support for private-sector initiatives--is consistent 
        with the analyses and plans described in subparagraphs 
        (B) and (C) above, and that environmental impacts 
        (including that on global warming) and alternatives 
        have been fully analyzed;
          (E) assistance to improve efficiency in the 
        production, transmission, distribution, and use of 
        energy. Such assistance should focus on the development 
        of institutions to (i) promote energy efficiency in all 
        sectors of energy production and use, (ii) provide 
        training and technical assistance to help energy 
        producers and users identify cost-effective actions to 
        improve energy efficiency, (iii) finance specific 
        investments in energy efficiency in all sectors of 
        energy production and use, and (iv) improve local 
        capabilities in the research, development, and sale of 
        energy efficient technologies;
          (F) assistance in exploiting nonconventional 
        renewable energy resources, including wind, solar, 
        small-hydro, geothermal, and advanced biomass systems. 
        This assistance should also promote efficient use of 
        traditional biomass fuels through improved fuelwood 
        management and improved methods of charcoal production;
          (G) expanding efforts to meet the energy needs of the 
        rural poor through the methods described in 
        subparagraphs (E) and (F). Specifically these efforts 
        should promote improved efficiency in the use of 
        biomass fuels for household energy, improved systems of 
        fuelwood management, and the development of the 
        nonconventional renewable energy systems described in 
        subparagraph (F);
          (H) encouraging host countries to sponsor meetings 
        with officials from the United States utility sector 
        who are leaders in energy efficiency and other United 
        States experts to discuss the application of least-cost 
        planning techniques;
          (I) developing a cadre of United States experts from 
        industry, academia, nonprofit organizations, and 
        government agencies capable of providing technical 
        assistance to developing countries concerning energy 
        policy and planning, energy efficiency and renewable 
        energy resources;
          (J) in cooperation with the Department of Energy, the 
        Environmental Protection Agency, the World Bank,\1\ and 
        the Development Assistance Committee of the OECD, 
        supporting research concerning the ways developing 
        nations can meet their energy needs while minimizing 
        global warming and how to meet those needs; and
---------------------------------------------------------------------------
    \1\ See other legislation on ``Environmental Policy and 
International Financial Institutions''.
---------------------------------------------------------------------------
          (K) strengthening the Agency for International 
        Development's partnership with the Department of Energy 
        in order to ensure that the Agency's energy efforts 
        take full advantage of United States expertise and 
        technology.
    (c) Reports and Authorities.--(1) The Agency for 
International Development, in consultation with the 
Environmental Protection Agency (EPA), the Department of State, 
and other appropriate agencies, shall submit to Congress no 
later than April 15, 1990, a report which (1) examines the 
potential contributions of developing countries to future 
global emissions of greenhouse gases under different economic 
growth scenarios, (2) estimates the relative contributions of 
those countries to global greenhouse gas emissions, and (3) 
identifies specific key countries which stand to contribute 
significantly to global greenhouse gas emissions, and in which 
actions to promote energy efficiency, reliance on renewable 
energy resources, and conservation of forest resources could 
significantly reduce emissions of greenhouse gases. This report 
should utilize existing data, including the models and 
methodologies already developed by the EPA for their report to 
Congress on policy options for stabilizing global climate.
    (2) Of the funds appropriated to carry out the provisions 
of sections 103 and 106 of the Foreign Assistance Act of 1961, 
as amended, the Agency for International Development may use 
such amounts as may be necessary to reimburse United States 
Government agencies, agencies of State governments, and 
institutions of higher learning for the full costs of employees 
detailed or assigned to the Agency for International 
Development for the purpose of carrying out activities relating 
to forestry and energy programs aimed at reducing emissions of 
greenhouse gases related to global warming. Personnel who are 
detailed or assigned for the purposes of this section shall not 
be included within any personnel ceiling applicable to any 
United States Government agency during the period of detail or 
assignment.
    (d) \1\, \2\ Export-Import Bank.--(1) Of the 
financing provided by the Export-Import Bank that is utilized 
for the support of exports for the energy sector, the Bank 
shall seek to provide not less than 5 per centum of such 
financing for renewable energy projects.
---------------------------------------------------------------------------
    \2\ 12 U.S.C. 635g note.
---------------------------------------------------------------------------
    (2) The Export-Import Bank shall take all appropriate steps 
to finance information exchanges and training whose purpose it 
is to help link United States producers in the renewable energy 
sector with assistance programs and potential foreign 
customers.
    (3) Beginning on April 15, 1990, the Chairman of the 
Export-Import Bank shall submit an annual report to the 
Committees on Appropriations on the Bank's implementation of 
this subsection.
          * * * * * * *
   (6) Freedom for Russia and Emerging Eurasian Democracies and Open 
                    Markets Support Act of 1992 \1\

                          FREEDOM Support Act

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
  October 24, 1992; as amended by Public Law 104-66 [Federal Reports 
 Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved 
                           December 21, 1995

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ For full text, see Legislation on Foreign Relations Through 
2005, vol. I-B.
---------------------------------------------------------------------------

SECTION 1.\2\ SHORT TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5801 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 3.\3\ DEFINITION OF INDEPENDENT STATES.

    For purposes of this Act, the terms ``independent states of 
the former Soviet Union'' and ``independent states'' mean the 
following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, 
and Uzbekistan.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5801.
---------------------------------------------------------------------------
          * * * * * * *

             TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

SEC. 301.\4\ AMERICAN BUSINESS CENTERS.

    (a) Establishment.--The President is authorized and 
encouraged to establish American Business Centers in the 
independent states of the former Soviet Union receiving 
assistance under chapter 11 of part I of the Foreign Assistance 
Act of 1961 where the President determines that such centers 
can be cost-effective in promoting the objectives described in 
section 498 of that Act and United States economic interests 
and in establishing commercial partnerships between the people 
of the United States and the peoples of the independent states.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5821.
---------------------------------------------------------------------------
    (b) Environmental Business Centers and Agribusiness 
Centers.--For purposes of this section, the term ``American 
Business Centers'' includes the following:
          (1) Environmental business centers in those 
        independent states that offer promising market 
        possibilities for the export of United States 
        environmental goods and services. To the maximum extent 
        practicable, these environmental business centers 
        should be established as a component of other centers.
          (2) Agribusiness centers that include the 
        participation of private United States agribusinesses 
        or agricultural cooperatives, private nonprofit 
        organizations, State universities and land grant 
        colleges, and financial institutions, that make 
        appropriate contributions of equipment, materials, and 
        personnel for the operation of such centers. The 
        purposes of these agribusiness centers shall be--
                  (A) to enhance the ability of farmers and 
                other agribusiness practitioners in the 
                independent states to better meet the needs of 
                the people of the independent states;
                  (B) to assist the transition from a command 
                and control system in agriculture to a free 
                market system; and
                  (C) to facilitate the demonstration and use 
                of United States agricultural equipment and 
                technology.
    (c) Additional Policy Guidance.--To the maximum extent 
possible, and consistent with the particular purposes of the 
specific types of centers, the President should direct that--
          (1) the American Business Centers established 
        pursuant to this section place special emphasis on 
        assistance to United States small- and medium-sized 
        businesses to facilitate their entry into the 
        commercial markets of the independent states;
          (2) such centers offer office space, business 
        facilities, and market analysis services to United 
        States firms, trade associations, and State economic 
        development offices on a user-fee basis that minimizes 
        the cost of operating such centers;
          (3) such centers serve as a repository for 
        commercial, legal, and technical information, including 
        environmental and export control information;
          (4) such centers identify existing or potential 
        counterpart businesses or organizations that may 
        require specific technical coordination or assistance;
          (5) such centers be established in several sites in 
        the independent states; and
          (6) host countries be asked to make appropriate 
        contributions of real estate and personnel for the 
        establishment and operation of such centers.
    (d) Funding.--
          (1) Reimbursement agreement.--Not later than 90 days 
        after the date of enactment of this Act, the 
        Administrator of the Agency for International 
        Development shall conclude a reimbursement agreement 
        with the Secretary of Commerce for the Department of 
        Commerce's services in establishing and operating 
        American Business Centers pursuant to this section.
          (2) Authorization of appropriations.--Of the amount 
        authorized to be appropriated to carry out chapter 11 
        of part I of the Foreign Assistance Act of 1961, up to 
        $12,000,000 for fiscal year 1993 are authorized to be 
        appropriated to carry out this section, in addition to 
        amounts otherwise available for such purpose.
          * * * * * * *

SEC. 303.\5\ FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL 
                    PROJECTS.

    (a) Allocation of A.I.D. Funds.--The President is 
encouraged to use a portion of the funds made available for the 
independent states of the former Soviet Union under chapter 11 
of part I of the Foreign Assistance Act of 1961--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5823.
---------------------------------------------------------------------------
          (1) to fund the export promotion, finance, and 
        related activities carried out pursuant to subsection 
        (b)(1), including activities relating to the export of 
        intermediary goods; and
          (2) to fund capital projects, including projects for 
        telecommunications, environmental cleanup, power 
        production, and energy related projects.
    (b) Export Promotion, Finance, and Related Activities.--The 
Secretary of Commerce, as Chair of the Trade Promotion 
Coordination Committee, should, in conjunction with other 
members of that committee, design and implement programs to 
provide adequate commercial and technical assistance to United 
States businesses seeking markets in the independent states of 
the former Soviet Union, including the following:
          (1) Increasing the United States and Foreign 
        Commercial Service presence in the independent states, 
        in particular in the Russian Far Eastern cities of 
        Vladivostok and Khabarovsk.
          (2) Preparing profiles of export opportunities for 
        United States businesses in the independent states and 
        providing other technical assistance.
          (3) Utilizing the Market Development Cooperator 
        Program under section 2303 of the Export Enhancement 
        Act of 1988 (15 U.S.C. 4723).
          (4) Developing programs specifically for the purpose 
        of assisting small- and medium-sized businesses in 
        entering commercial markets of the independent states. 
        In carrying out this paragraph, the Secretary of 
        Commerce, to the extent possible, should work directly 
        with private sector organizations with proven 
        experience in trade and economic relations with the 
        independent states.
          (5) Supporting projects undertaken by the United 
        States business community on the basis of partnership, 
        joint venture, contractual, or other cooperative 
        agreements with appropriate entities in the independent 
        states.
          (6) Supporting export finance programs, feasibility 
        studies, political risk insurance, and other related 
        programs through increased funding and flexibility in 
        the implementation of such programs.
          (7) Supporting the Business Information Service 
        (BISNIS) and its related programs.

SEC. 304.\6\ INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE PROMOTION 
                    COORDINATING COMMITTEE.

    The Trade Promotion Coordinating Committee should utilize 
its interagency working group on energy to assist United States 
energy sector companies to develop a long-term strategy for 
penetrating the energy market in the independent states of the 
former Soviet Union. The working group should--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5824.
---------------------------------------------------------------------------
          (1) work with officials from the independent states 
        in creating an environment conducive to United States 
        energy investment;
          (2) help to coordinate assistance to United States 
        companies involved with projects to clean up former 
        Soviet nuclear weapons sites and commercial nuclear 
        waste; and
          (3) work with representatives from United States 
        business and industry involved with the energy sector 
        to help facilitate the identification of business 
        opportunities, including the promotion of oil, gas, and 
        clean coal technology and products, energy efficiency, 
        and the formation of joint ventures between United 
        States companies and companies of the independent 
        nations.

SEC. 305.\7\ * * * [REPEALED--1995]

          * * * * * * *
---------------------------------------------------------------------------
    \7\ Formerly at 22 U.S.C. 5825; repealed by sec. 102(1) of Public 
Law 104-66 (109 Stat. 713). Sec. 305 had required the Secretary of 
Commerce to report annually to Congress on the implementation of this 
Act, on the programs of other industrialized nations establishing 
business in the former Soviet Union, and on related trade and pricing 
practices of other OECD nations.
     (7) Support for East European Democracy (SEED) Act of 1989 \1\

    Partial text of Public Law 101-179 [H.R. 3402], 103 Stat. 1298, 
                       approved November 28, 1989

AN ACT To promote political democracy and economic pluralism in Poland 
  and Hungary by assisting those nations during a critical period of 
  transition and abetting the development in those nations of private 
business sectors, labor market reforms, and democratic institutions; to 
 establish, through these steps, the framework for a composite program 
             of support for East European Democracy (SEED).

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ For complete text, see Legislation on Foreign Relations Through 
2005, vol. I-B.
---------------------------------------------------------------------------

SECTION 1.\2\ SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Support for 
East European Democracy (SEED) Act of 1989''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5401 note.
---------------------------------------------------------------------------
          * * * * * * *

                   TITLE V--OTHER ASSISTANCE PROGRAMS

          * * * * * * *

SEC. 502.\3\ ENVIRONMENTAL INITIATIVES FOR POLAND AND HUNGARY.

  (a) Priority for the Control of Pollution.--The Congress 
recognizes the severe pollution problems affecting Poland and 
Hungary and the serious health problems which ensue from such 
pollution. The Congress therefore directs that a high priority 
be given in the implementation of assistance to Poland and 
Hungary to the control of pollution and the restoration of the 
natural resource base on which a sustainable, healthy economy 
depends.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5452.
---------------------------------------------------------------------------
  (b) EPA Activities Generally.--In addition to specific 
authorities contained in any of the environmental statutes 
administered by the Environmental Protection Agency, the 
Administrator of that Agency (hereinafter in this section 
referred to as the ``Administrator'') is authorized to 
undertake such educational, policy training, research, and 
technical and financial assistance, monitoring, coordinating, 
and other activities as the Administrator may deem appropriate, 
either alone or in cooperation with other United States or 
foreign agencies, governments, or public or private 
institutions, in protecting the environment in Poland and 
Hungary.
  (c) EPA Activities in Poland.--The Administrator shall 
cooperate with Polish officials and experts to--
          (1) establish an air quality monitoring network in 
        the Krakow metropolitan area as a part of Poland's 
        national air monitoring network; and
          (2) improve both water quality and the availability 
        of drinking water in the Krakow metropolitan area.
  (d) EPA Activities in Hungary.--The Administrator shall work 
with other United States and Hungarian officials and private 
parties to establish and support a regional center in Budapest 
for facilitating cooperative environmental activities between 
governmental experts and public and private organizations from 
the United States and Eastern and Western Europe.
  (e) Funding of EPA Activities.--To enable the Environmental 
Protection Agency to carry out subsections (b), (c), and (d), 
there are authorized to be appropriated $10,000,000 for the 3-
year period beginning October 1, 1989, to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
and following; relating to development assistance) or chapter 4 
of Part II of that Act (22 U.S.C. 2346 and following; relating 
to the economic support fund). These funds may be used to carry 
out those subsections notwithstanding any provision of law 
relating to the use of foreign assistance funds.
  (f) Department of Energy Activities Relating to Fossil 
Fuels.--
          (1) Clean coal.--The Secretary of Energy shall 
        cooperate with Polish officials and experts to retrofit 
        a coal-fired commercial powerplant in the Krakow, 
        Poland, region with advanced clean coal technology that 
        has been successfully demonstrated at a comparably 
        scaled powerplant in the United States. Such retrofit 
        shall be carried out by one or more United States 
        companies using United States technology and equipment 
        manufactured in the United States. The Secretary may 
        vest title in any property acquired under this 
        paragraph in an entity other than the United States.
          (2) Equipment assessment.--The Secretary of Energy 
        shall cooperate with Polish officials and experts and 
        companies within the United States to assess and 
        develop the capability within Poland to manufacture or 
        modify boilers, furnaces, smelters, or other equipment 
        that will enable industrial facilities within Poland to 
        use fossil fuels cleanly. The Secretary may vest title 
        in any property acquired under this paragraph in an 
        entity other than the United States.
          (3) Authorization of appropriations.--To carry out 
        paragraphs (1) and (2) of this subsection, there are 
        authorized to be appropriated $30,000,000 for the 3-
        year period beginning October 1, 1989. Not more than 
        $10,000,000 of the funds appropriated under this 
        paragraph may be used to carry out the requirements of 
        paragraph (1).
  (g) Priority for Efficient Energy Use.--In view of the high 
energy usage per unit of output in Hungary and Poland, the 
Secretary of Energy shall give high priority to assisting 
officials of Poland and Hungary in improving the efficiency of 
their energy use, through emphasis on such measures as 
efficient motors, lights, gears, and appliances and 
improvements in building insulation and design.
  (h) Alternative Investments in Energy in Hungary.--It is the 
sense of the Congress that the Executive branch should work 
with the Government of Hungary to achieve environmentally safe 
alternative investments in energy efficiency, particularly with 
regard to projects along the Danube River.
          * * * * * * *

                     TITLE VII--REPORTS TO CONGRESS

          * * * * * * *

SEC. 703.\4\ REPORT ON ENVIRONMENTAL PROBLEMS IN POLAND AND HUNGARY.

  The first report submitted pursuant to section 704 shall 
include the following:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5473.
---------------------------------------------------------------------------
          (1) Assessment of problems.--An overall assessment of 
        the environmental problems facing Poland and Hungary, 
        including--
                  (A) a relative ranking of the severity of the 
                problems and their effects on both human health 
                and the general environment;
                  (B) a listing of the geographical areas of 
                each country that have suffered the heaviest 
                environmental damage, and a description of the 
                source and scope of the damage; and
                  (C) an assessment of the environmental 
                performance of leading industrial polluters in 
                those countries and the expected effect on 
                pollution levels of industrial modernization.
          (2) Priorities and costs for action.--An analysis of 
        the priorities that Poland and Hungary should each 
        assign in addressing its environmental problems, and an 
        estimate of the capital and human resources required to 
        undertake a comprehensive program of environmental 
        protection in that country.
          (3) Role of united states and multilateral 
        assistance.--A statement of strategy for United States 
        assistance for the next 5 years to address 
        environmental problems in Poland and Hungary, 
        including--
                  (A) recommendations for appropriate levels 
                and forms of bilateral financial and technical 
                assistance;
                  (B) recommendations concerning United States 
                participation in cooperative multilateral 
                undertakings;
                  (C) an assessment of the feasibility of debt-
                for-nature swaps as a technique of 
                environmental protection in each country; and
                  (D) recommendations for minimizing further 
                environmental damage to Krakow, and for the 
                protection and restoration of historic sites in 
                that city.
          * * * * * * *
         (8) Enterprise for the Americas Initiative Act of 1992

    Partial text of Public Law 102-532 [H.R. 4059], 106 Stat. 3509, 
                       approved October 27, 1992

 AN ACT To amend the Agricultural Trade Development and Assistance Act 
of 1954 to authorize additional functions within the Enterprise for the 
              Americas Initiative, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Enterprise for the Americas 
Initiative Act of 1992''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------

SEC. 2.\2\ GOOD NEIGHBOR ENVIRONMENTAL ACT OF 1992. * * *
---------------------------------------------------------------------------

    \2\ Sec. 2 added new secs. 616 through 619 to title VI of the 
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 
1738).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 6.\3\ THE GOOD NEIGHBOR ENVIRONMENTAL BOARD.

    (a) Establishment.--The President shall establish an 
advisory board to be known as the Good Neighbor Environmental 
Board (hereinafter in this section referred to as the 
``Board'').
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 5404.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the Board shall be to advise 
the President and the Congress on the need for implementation 
of environmental and infrastructure projects (including 
projects that affect agriculture, rural development, and human 
nutrition) within the States of the United States contiguous to 
Mexico in order to improve the quality of life of persons 
residing on the United States side of the border.
    (c) Membership.--The Board shall be composed of--
          (1) representatives from the United States 
        Government, including a representative from the 
        Department of Agriculture and representatives from 
        other appropriate agencies;
          (2) representatives from the governments of the 
        States of Arizona, California, New Mexico, and Texas; 
        and
          (3) representatives from private organizations, 
        including community development, academic, health, 
        environmental, and other nongovernmental entities with 
        experience and expertise on environmental and 
        infrastructure problems along the southwest border.
    (d) Annual Reports to the President and Congress.--
          (1) In general.--The Board shall submit to the 
        President and the Congress of the United States an 
        annual report on--
                  (A) the environmental and infrastructure 
                projects referred to in subsection (a) that 
                have been implemented, and
                  (B) the need for the implementation of 
                additional environmental and infrastructure 
                projects.
          (2) Transmission of copies to board members.--The 
        Board shall--
                  (A) transmit to each member of the Board a 
                copy of any report to be submitted pursuant to 
                paragraph (1) at least 14 days before its 
                submission, and
                  (B) allow each member of the Board to have 14 
                days within which to prepare and submit 
                supplemental views with respect to the 
                recommendations of the Board for inclusion in 
                such report.
           (9) Enterprise for the Americas Environmental Fund

 Partial text of Public Law 83-480 \1\ [Agricultural Trade Development 
   and Assistance Act of 1954; S. 2475], 68 Stat. 454, 7 U.S.C. 1691-
               1736d, approved July 10, 1954; as amended

   AN ACT To increase the consumption of United States agricultural 
 commodities in foreign countries, to improve the foreign relations of 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Agricultural Trade Development and 
Assistance Act of 1954''.
          * * * * * * *

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\2\ ESTABLISHMENT OF THE FACILITY.

  There is established in the Department of the Treasury an 
entity to be known as the ``Enterprise for the Americas 
Facility'' (hereafter referred to in this title as the 
``Facility'').
---------------------------------------------------------------------------
    \1\ For full text, see Legislation on Foreign Relations Through 
2005, vol. I-B. Sec. 1512 of subtitle A of title XV of Public Law 101-
624 (104 Stat. 3658) added title VI.
    \2\ 7 U.S.C. 1738.
---------------------------------------------------------------------------

SEC. 602.\3\ PURPOSE.

  The purpose of this title is to encourage and support 
improvement in the lives of the people of Latin America and the 
Caribbean through market-oriented reforms and economic growth 
with inter-related actions to promote debt reduction, 
investment reforms, and community-based conservation and 
sustainable use of the environment. The Facility will support 
such objectives through the administration of debt reduction 
operations relating to those countries that meet investment 
reform and other policy conditions provided for in this title.
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 1738a.
---------------------------------------------------------------------------

SEC. 603.\4\ ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this title, a country shall--
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 1738b.
---------------------------------------------------------------------------
          (1) be a Latin American or Caribbean country;
          (2) have in effect or have received approval for, or, 
        as appropriate in exceptional circumstances, be making 
        significant progress towards the establishment of--
                  (A) an International Monetary Fund (hereafter 
                referred to in this title as the ``IMF'') 
                standby arrangement, extended IMF arrangement, 
                or an arrangement under the structural 
                adjustment facility or enhanced structural 
                adjustment facility, or in exceptional 
                circumstances, an IMF-monitored program or its 
                equivalent; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development (hereafter 
                referred to in this title as the ``World 
                Bank'') or the International Development 
                Association (hereafter referred to in this 
                title as the ``IDA'');
          (3) have placed into effect major investment reforms 
        in conjunction with an Inter-American \5\ Development 
        Bank (hereafter referred to as the ``IDB'') loan or 
        otherwise be implementing, or making significant 
        progress towards an open investment regime; and
---------------------------------------------------------------------------
    \5\ Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the 
hyphen to ``Inter-American''.
---------------------------------------------------------------------------
          (4) if appropriate, have agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determination.--The President shall determine 
whether a country is an eligible country for purposes of 
subsection (a).

SEC. 604.\6\ REDUCTION OF CERTAIN DEBT.

  (a) Authority to Reduce Debt.--
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 1738c. Title II, chapter VIII of Public Law 102-27 
(105 Stat. 147, 7 U.S.C. 1736e note) provided the following:
    ``Title I of Public Law 480 program allowed for the repayment of 
loans for the sale of agricultural commodities in foreign or local 
currencies until December 31, 1971. Since that time, until the law was 
changed in the 1985 farm bill, all sales have been on dollar credit 
terms. In view of the present financial situation, it is impossible for 
many countries to repay their loans in dollars. Therefore, the 
President may use the authority in section 411 and section 604 of the 
Agricultural Trade Development and Assistance Act of 1954 to 
renegotiate the payment on Public Law 480 debt in eligible countries in 
Latin America, the Caribbean and sub-Saharan Africa.''.
---------------------------------------------------------------------------
          (1) In general.--Notwithstanding any other provision 
        of law, the President may reduce the amount owed to the 
        United States or any agency of the United States, and 
        outstanding as of January 1, 1990, as a result of any 
        credits extended under title I to a country eligible 
        for benefits from the Facility.
          (2) Availability \7\ of appropriations.--The 
        authorities under this section may be exercised only to 
        the extent provided for in advance in appropriation 
        Acts.
---------------------------------------------------------------------------
    \7\ Sec. 303 of Public Law 102-237 (105 Stat. 1855) corrected the 
spelling of ``Availability''.
---------------------------------------------------------------------------
  (b) Limitation.--A debt reduction authorized under subsection 
(a) shall be accomplished, at the direction of the Facility, 
through the exchange of a new obligation under this title for 
obligations of the type referred to in subsection (a) 
outstanding as of January 1, 1990.
  (c) Exchange of Obligations.--The Facility shall notify the 
Commodity Credit Corporation of an agreement entered into under 
subsection (b) with an eligible country to exchange a new 
obligation for outstanding obligations. At the direction of the 
Facility, the old obligations that are the subject of the 
agreement may be canceled and a new debt obligation may be 
established for the country relating to the agreement. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect a debt reduction under this section.

SEC. 605.\8\ REPAYMENT OF PRINCIPAL.

  (a) Currency of Payment.--The principal amount owed under 
each new obligation issued under section 604 shall be repaid in 
United States dollars.
---------------------------------------------------------------------------
    \8\ 7 U.S.C. 1738d.
---------------------------------------------------------------------------
  (b) Deposit of Payments.--Principal repayments on new 
obligations issued under section 604 shall be deposited in 
Commodity Credit Corporation accounts.

SEC. 606.\9\ INTEREST OF NEW OBLIGATIONS.

  (a) Rate of Interest.--New obligations issued to an eligible 
country under section 604 shall bear interest at a concessional 
rate.
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 1738e.
---------------------------------------------------------------------------
  (b) Currency of Payment, Deposits.--
          (1) United states dollars.--An eligible country to 
        which a new obligation has been issued under section 
        604 that has not entered into an agreement under 
        section 607, shall be required to pay interest on such 
        obligation in United States dollars which shall be 
        deposited in Commodity Credit Corporation accounts.
          (2) Local currency.--If an eligible country to which 
        a new obligation has been issued under section 604 has 
        entered into an agreement under section 607, interest 
        under such obligation may be paid in the local currency 
        of the eligible country and deposited into an 
        Environmental Fund as provided for in section 608. Such 
        interest shall be the property of the eligible country 
        until such time as it is disbursed under section 608. 
        Such local currencies shall be used for the purposes 
        specified in the agreement entered into under section 
        607.
  (c) Interest Previously Paid.--If an eligible country to 
which a new obligation has been issued under section 604 enters 
into an agreement under section 607 subsequent to the date on 
which interest first becomes due on such new obligation, any 
interest paid on such new obligation prior to such agreement 
being entered into shall not be redeposited into the Fund 
established for the eligible country under section 608(a) but 
shall be deposited into Commodity Credit Corporation 
accounts.\10\
---------------------------------------------------------------------------
    \10\ Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted 
``accounts''.
---------------------------------------------------------------------------

SEC. 607.\11\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

  (a) Authority.--The President is authorized to enter into an 
environmental framework agreement with each country eligible 
for benefits from the Facility concerning the operation and use 
of an Enterprise for the Americas Environmental Fund (hereafter 
referred to in this title as the ``Environmental Fund'') \12\ 
established under section 608 for that country. The President 
shall consult with the Board established under section 610 when 
entering into such agreements.
---------------------------------------------------------------------------
    \11\ 7 U.S.C. 1738f.
    \12\ In a technical correction, sec. 305 of Public Law 102-237 (105 
Stat. 1855) moved the close quotation mark.
---------------------------------------------------------------------------
  (b) Requirements.--An environmental framework agreement 
entered into under this section shall--
          (1) require the eligible country to establish an 
        Environmental Fund;
          (2) require the eligible country to make interest 
        payments under section 608(a) into the Environmental 
        Fund;
          (3) require the eligible country to make prompt 
        disbursements from the Environmental Fund to the body 
        described in subsection (c);
          (4) where appropriate, seek to maintain the value of 
        the local currency resources deposited into the 
        appropriate Environmental Fund in terms of United 
        States dollars;
          (5) specify, in accordance with section 612, the 
        purposes for which the Environmental Fund may be used; 
        and
          (6) contain reasonable provisions for the enforcement 
        of the terms of the agreement.
  (c) Administering Body.--Funds disbursed from the 
Environmental Fund in an eligible country shall be administered 
by a body constituted under the laws of the country. Such body 
shall--
          (1) be composed of--
                  (A) one or more representatives appointed by 
                the President;
                  (B) one or more representatives appointed by 
                the eligible country; and
                  (C) representatives from a broad range of 
                environmental and local community development 
                nongovernmental organizations of the host 
                country;
        the majority of which shall be local representatives 
        from nongovernmental organizations, and scientific or 
        academic bodies;
          (2) receive proposals for grant assistance from local 
        organizations, and make grants to such organizations in 
        accordance with the priorities agreed upon in the 
        framework agreement and consistent with the overall 
        purposes of section 612;
          (3) be responsible for the management of the program 
        and oversight of grant activities funded from resources 
        of the Environmental Fund;
          (4) be subject to fiscal audits by an independent 
        auditor on an annual basis;
          (5) present an annual program for review by the Board 
        established under section 610 each year;
          (6) present an annual report on the activities 
        undertaken during the previous year to the Chairman of 
        the Board established under section 610, and the 
        government of the eligible country each year; and
          (7) have any grant over $100,000 be subject to veto 
        by the United States and the government of the eligible 
        country.

SEC. 608.\13\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

  (a) Establishment.--An eligible country shall, under the 
terms of an environmental framework agreement entered into 
under section 607, establish an Environmental Fund to receive 
payments in local currency pursuant to section 607(b)(1).
---------------------------------------------------------------------------
    \13\ 7 U.S.C. 1738g.
---------------------------------------------------------------------------
  (b) Investment.--Amounts deposited into an Environmental Fund 
shall be invested until disbursed. Notwithstanding any other 
provision of law, any return on such investment may be retained 
by the Environmental Fund and need not be deposited to the 
account of the Commodity Credit Corporation and may be retained 
without further appropriation by Congress.

SEC. 609.\14\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

  Funds in an Environmental Fund shall be disbursed only 
pursuant to a framework agreement entered into pursuant to 
section 607.
---------------------------------------------------------------------------
    \14\ 7 U.S.C. 1738h.
---------------------------------------------------------------------------

SEC. 610.\15\ ENTERPRISE \16\ FOR THE AMERICAS BOARD.

  (a) Establishment.--There is established a board to be known 
as the ``Enterprise \16\ for the Americas Board'' (hereafter 
referred to in this title as the ``Board'').
---------------------------------------------------------------------------
    \15\ 7 U.S.C. 1738i.
    \16\ Sec. 603 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3669) struck out ``environment'' and inserted in 
lieu thereof ``enterprise'' in the catchline; and struck out 
``Environment'' and inserted in lieu thereof ``Enterprise'' in the 
text.
---------------------------------------------------------------------------
  (b) Membership and Chairperson.--
          (1) Membership.--The Board shall be composed of--
                  (A) six \17\ representatives from the United 
                States Government, at least one of whom shall 
                be a representative of the Department of 
                Agriculture; \17\ and
---------------------------------------------------------------------------
    \17\ Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out 
``five'' and inserted in lieu thereof ``six'', and inserted ``, at 
least one of whom shall be a representative of the Department of 
Agriculture''.
---------------------------------------------------------------------------
                  (B) five \18\ representatives from private 
                nongovernmental environmental, child survival 
                and child development,\19\ community 
                development, scientific, and academic 
                organizations with experience and expertise in 
                Latin America and the Caribbean, at least one 
                of whom shall be a representative from a child 
                survival and child development organization; 
                \20\
---------------------------------------------------------------------------
    \18\ Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out 
``four'' and inserted in lieu thereof ``five''.
    \19\ Sec. 603(3)(A) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3669) inserted ``child survival and child 
development,''.
    \20\ Sec. 603(3)(B) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3669) inserted ``, at least one of whom shall be 
a representative from a child survival and child development 
organization''.
---------------------------------------------------------------------------
        to be appointed by the President.
          (2) Chairperson.--The Board shall be headed by a 
        chairperson who shall be appointed by the President 
        from among the representatives appointed under 
        paragraph (1)(A).
  (c)  Responsibilities.--The Board shall--
          (1) advise the President on the negotiations for the 
        environmental framework agreements described in 
        subsections (a) and (b) of section 607;
          (2) ensure, in consultation with the government of 
        the appropriate eligible country, with nongovernmental 
        organizations of such eligible country, and if 
        appropriate, of the region, and with environmental, 
        scientific, and academic leaders of such eligible 
        country and, as appropriate, of the region, that a 
        suitable body referred to in section 607(c) is 
        identified; and
          (3) review the programs, operations, and fiscal 
        audits of the bodies referred to in section 607(c).

SEC. 611.\21\ OVERSIGHT.

  The President may designate appropriate United States 
agencies to review the implementation of programs under this 
title and the fiscal audits relating to such programs. Such 
oversight shall not constitute active management of an 
Environmental Fund.
---------------------------------------------------------------------------
    \21\ 7 U.S.C. 1738j.
---------------------------------------------------------------------------

SEC. 612.\22\ ELIGIBLE ACTIVITIES AND GRANTEES.

  (a) Eligible Entities.--Activities eligible to receive 
assistance through the framework agreements entered into under 
section 607, shall include--
---------------------------------------------------------------------------
    \22\ 7 U.S.C. 1738k.
---------------------------------------------------------------------------
          (1) activities of the type described in the Global 
        Environmental Protection Assistance Act of 1989 (22 
        U.S.C. 2281 et seq.); \23\
---------------------------------------------------------------------------
    \23\ Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a 
typographical error here by striking ``462), and--'', and inserting in 
lieu thereof ``2281 et seq.);''.
---------------------------------------------------------------------------
          (2) agriculture-related activities, including those 
        that provide for the biological prevention and control 
        of animal and plant pests and diseases, to benefit the 
        environment; and
          (3) local community initiatives that promote 
        conservation and sustainable use of the environment.
  (b) Regulation.--All activities of the type referred to in 
subsection (a) shall, where appropriate, include initiatives 
that link conservation of natural resources with local 
community development.
  (c) Setting of Priorities.--Appropriate activities and 
priorities relating to the use of an Environmental Fund shall 
be set by local nongovernmental organizations within the 
appropriate eligible country.
  (d) Grants.--Grants may be made by the body referred to in 
section 607(c) from the Environmental Fund for environmental 
purposes to--
          (1) host country nongovernmental environmental, 
        conservation, development, educational, and indigenous 
        peoples organizations;
          (2) other appropriate local or regional entities; or
          (3) in exceptional circumstances, the government of 
        the eligible country.
  (e) Priority.--In providing assistance from an Environmental 
Fund, the body established under section 607(c) within the 
eligible country shall give priority to projects that are run 
by nongovernmental organizations and other private entities, 
and that involve local communities in their planning and 
execution.

SEC. 613.\24\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

  (a) Encouraging Donations From Official Creditors.--The 
President should actively encourage other official creditors of 
an eligible country to provide debt reduction to such eligible 
country.
---------------------------------------------------------------------------
    \24\ 7 U.S.C. 1738l.
---------------------------------------------------------------------------
  (b) Encouraging Donations From Other Sources.--The President 
shall make every effort to insure that programs established 
through Environmental Funds are able to receive donations from 
private and public entities, and private creditors of the 
eligible country.

SEC. 614.\25\ ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later \26\ than December 31 of each 
fiscal year, the President shall prepare and submit to the 
Speaker of the House of Representatives and the President Pro 
Tempore of the Senate an annual report concerning the operation 
of the Facility for the prior fiscal year. This report shall 
include-- \27\
---------------------------------------------------------------------------
    \25\ 7 U.S.C. 1738m.
    \26\ Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out 
``Not later'' and inserted in lieu thereof ``(a) In General.--Not 
later'', and added subsec. (b).
    \27\ Sec. 3 of the Enterprise for the Americas Initiative Act of 
1992 (Public Law 102-532; 106 Stat. 3512) added from ``This report 
shall include--'' through para. (4) of subsec. (a).
---------------------------------------------------------------------------
          (1) a description of the activities undertaken by the 
        Facility during the previous fiscal year;
          (2) a description of any Enviromental \28\ Framework 
        Agreement entered into under this title;
---------------------------------------------------------------------------
    \28\ As enrolled. Should read ``Environmental''.
---------------------------------------------------------------------------
          (3) a report on what Environmental Funds have been 
        established under this title and on the operations of 
        such Funds; and
          (4) a description of any grants that have been 
        extended by administering bodies pursuant to an 
        Enviromental \28\ Framework Agreement under this title.
    (b) \26\ Supplemental Views in Annual Report.--No later 
than December 15 of each fiscal year, each member of the Board 
shall be entitled to receive a copy of the report required 
under subsection (a). Each member of the Board may prepare and 
submit supplemental views to the President on the 
implementation of this title by December 31 for inclusion in 
the annual report when it is transmitted to Congress pursuant 
to this section.

SEC. 615.\29\ CONSULTATIONS WITH CONGRESS.

    The President shall consult with the appropriate 
congressional committees on a periodic basis to review the 
operation of the Facility under this title and the eligibility 
of countries for benefits from the Facility under this title.
---------------------------------------------------------------------------
    \29\ 7 U.S.C. 1738n. Sec. 331 of Public Law 102-237 (105 Stat. 
1858) added sec. 615.
---------------------------------------------------------------------------

SEC. 616.\30\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

    (a) In General.--
---------------------------------------------------------------------------
    \30\ 7 U.S.C. 1738o. Sec. 2 of the Enterprise for the Americas 
Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec. 
616.
---------------------------------------------------------------------------
          (1) Authorization.--The President may sell to an 
        eligible country up to 40 percent of such country's 
        qualified debt, only if an amount of the local currency 
        of such country (other than the price paid for the 
        debt) equal to--
                  (A) not less than 40 percent of the price 
                paid for such debt by such eligible country, or
                  (B) the difference between the price paid for 
                such debt and the face value of such debt;
        whichever is less, is used by such country through an 
        Environmental Fund for eligible activities described in 
        section 612.
          (2) Environmental funds.--For purposes of this 
        section, the term ``Environmental Fund'' means an 
        Environmental Fund established under section 608. In 
        the case of Mexico, such fund may be designated as the 
        Good Neighbor Environmental Fund for the Border.
          (3) Establishment and operation of environmental 
        funds.--The President should advise eligible countries 
        on the procedures required to establish and operate the 
        Environmental Funds required to be established under 
        paragraph (1).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions, including the amount to be paid by 
the eligible country, under which such country's qualified debt 
may be sold under this section.
    (c) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (d) Certain Prohibitions Inapplicable.--A sale of debt 
under this section shall not be considered assistance for 
purposes of any provision of law limiting assistance to a 
country.
    (e) Implementation by the Facility.--A sale of debt 
authorized under this section shall be accomplished at the 
direction of the Facility. The Facility shall direct the 
Commodity Credit Corporation to carry out such sale. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect the sale.
    (f) Deposit of Proceeds.--The proceeds from a sale of 
qualified debt under this section shall be deposited in the 
account or accounts established by the Commodity Credit 
Corporation for the repayment of such debt by the eligible 
country.
    (g) Debtor Consultation.--Before any sale of qualified debt 
may occur under this section, the President should consult with 
the eligible country's government concerning such sale. The 
topics addressed in the consultation shall include the amount 
of qualified debt involved in the transaction and the uses to 
which funds made available as a result of the sale shall be 
applied.

SEC. 617.\31\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO 
                    FACILITATE CERTAIN DEBT SWAPS.

    (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
For the purpose of facilitating eligible debt swaps, the 
President, in accordance with this section--
---------------------------------------------------------------------------
    \31\ 7 U.S.C. 1738p. Sec. 2 of the Enterprise for the Americas 
Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec. 
617.
---------------------------------------------------------------------------
          (1) may sell to an eligible purchaser (as determined 
        pursuant to subsection (c)(1)) any qualified debt of an 
        eligible country; or
          (2) may reduce or cancel eligible debt of an eligible 
        country upon receipt of payment from an eligible payor 
        (as determined under subsection (c)(2)).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions under which qualified debt may be 
sold, reduced, or canceled pursuant to this section.
    (c) Eligible Purchasers and Eligible Payors.--
          (1) Sales of debt.--Qualified debt may be sold 
        pursuant to subsection (a)(1) only to a purchaser who 
        presents plans satisfactory to the President for using 
        the debt for the purpose of engaging in eligible debt 
        swaps.
          (2) Reduction or cancellation of debt.--Qualified 
        debt may be reduced or cancelled pursuant to subsection 
        (a)(2) only if the payor presents plans satisfactory to 
        the President for using such reduction or cancellation 
        for the purpose of facilitating eligible debt swaps.
    (d) Debtor Consultation and Right of First Refusal.--
          (1) Consultation.--Before selling, reducing, or 
        canceling any qualified debt of an eligible country 
        pursuant to this section, the President should consult 
        with that country concerning, among other things, the 
        amount of debt to be sold, reduced, or canceled and the 
        uses of such debt for eligible debt swaps.
          (2) Right of first refusal.--The qualified debt of an 
        eligible country may be sold, reduced, or cancelled 
        pursuant to this section only if that country has been 
        offered the opportunity to purchase that debt pursuant 
        to section 616 and has not accepted that offer.
    (e) Limitation.--In the aggregate, not more than 40 percent 
of the qualified debt of an eligible country may be sold, 
reduced, or cancelled under this section or sold under section 
616.
    (f) Administration.--The Facility shall notify the 
Commodity Credit Corporation of purchasers and payors the 
President has determined to be eligible under subsection (c), 
and shall direct the corporation to carry out the sale, 
reduction, or cancellation of a qualified debt pursuant to this 
section. The Commodity Credit Corporation shall make an 
adjustment in its accounts to reflect such sale, reduction, or 
cancellation.
    (g) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (h) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of qualified debt pursuant to this 
section shall be deposited in the United States Government 
account or accounts established for the repayment of such debt.
    (i) Eligible Debt Swaps.--As used in this section, the term 
``eligible debt swap'' means a debt-for-development swap or 
debt-for-nature swap.

SEC. 618.\32\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \32\ 7 U.S.C. 1738q. Sec. 2 of the Enterprise for the Americas 
Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec. 
618.
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.--The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs \33\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \33\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 619.\34\ DEFINITION OF QUALIFIED DEBT.

    As used in sections 616, 617, and 618, the term ``qualified 
debt'' means any obligation, or portion of such obligation, of 
an eligible country to pay for purchases of United States 
agricultural commodities guaranteed by the Commodity Credit 
Corporation under export credit guarantee programs authorized 
pursuant to section 5(f) of the Commodity Credit Corporation 
Charter Act or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
    \34\ 7 U.S.C. 1738r. Sec. 2 of the Enterprise for the Americas 
Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec. 
619.
---------------------------------------------------------------------------
          (1) in which the Commodity Credit Corporation 
        obtained a legal right or interest, as a result of 
        assignment or subrogation, not later than September 1, 
        1992; and
          (2) the payment of which obligation has been, not 
        later than September 1, 1992, rescheduled in accordance 
        with principles set forth in an Agreed Minute of the 
        Paris Club.
Such term includes the obligation to pay any interest which was 
due or accrued not later than September 1, 1992, and unpaid as 
of the date of a debt sale pursuant to section 616 or a debt 
sale, reduction, or cancellation pursuant to section 617 (as 
the case may be).
     (10) Assigning Foreign Affairs Functions and Implementing the 
    Enterprise for the Americas Initiative and the Tropical Forest 
                            Conservation Act

 Executive Order 13345, July 8, 2004, 69 F.R. 41901, 7 U.S.C. 1738 note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954 (ATDA Act), as amended [7 U.S.C. 1691 et seq.], the 
Foreign Assistance Act of 1961 (Foreign Assistance Act), as 
amended [22 U.S.C. 2151 et seq.], and section 301 of title 3, 
United States Code, it is hereby ordered as follows:
    Section 1. Functions to be Performed by the Secretary of 
the Treasury. (a) The Secretary of the Treasury is hereby 
designated to perform the functions of the President under the 
following provisions of law:
          (1) sections 603(b), 604(a), and 611 of the ATDA Act 
        (7 U.S.C. 1738b(b), 1738c(a), and 1738j); and
          (2) sections 703, 704(a), 805(b), 806(a), 807(a), 
        808(a), and 812 of the Foreign Assistance Act (22 
        U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 2431e(a), 
        2431f(a), and 2431j).
    (b) The Secretary of the Treasury shall:
          (1)(A) make determinations under the provisions of 
        sections 703(b) and 805(b) of the Foreign Assistance 
        Act in accordance with any recommendations received 
        from the Secretary of State with respect to subsections 
        703(a)(1)-703(a)(4) and the corresponding 
        recommendations under section 805(a)(1) of that Act; 
        and
          (B) make determinations under the provisions of 
        section 805(b) of the Foreign Assistance Act in 
        accordance with any recommendations from the 
        Administrator of the United States Agency for 
        International Development (USAID) with respect to 
        section 803(5)(B) of that Act [22 U.S.C. 2431a(5)(B)];
          (2) exercise the functions under the provisions 
        listed in section 1(a)(1) of this order in consultation 
        with the Secretary of State and with the National 
        Advisory Council on International Monetary and 
        Financial Policies (Council) established by Executive 
        Order 11269 of February 14, 1966 [22 U.S.C. 286b note];
          (3) consult, as appropriate, with the Secretary of 
        State, the Administrator of USAID, the Council, the 
        Secretary of Agriculture, the Director of the Office of 
        Management and Budget, the Administrator of the 
        Environmental Protection Agency, the Chairman of the 
        Council on Environmental Quality, the Director of the 
        Office of National Drug Control Policy, and the 
        Chairman of the Council of Economic Advisers in the 
        performance of all other functions under the provisions 
        listed in section 1(a) of this order.
    Sec. 2. Functions to be Performed by the Secretary of 
State. (a) The Secretary of State is hereby designated to 
perform the functions of the President under sections 607 and 
614 of the ATDA Act (7 U.S.C. 1738f and 1738m) and section 
813(a) of the Foreign Assistance Act (22 U.S.C. 2431k).
    (b) The Secretary of State shall consult, as appropriate, 
with the Secretary of the Treasury and the Administrator of 
USAID, in the performance of functions under the provisions 
listed in subsection 2(a) of this order.
    (c) The Secretary of State shall consult, as appropriate, 
in the performance of functions under section 607 of the ATDA 
Act, with the Secretary of Agriculture, the Secretary of 
Commerce, the Administrator of the Environmental Protection 
Agency, the Chairman of the Council on Environmental Quality, 
and the heads of such other executive departments and agencies 
as the Secretary of State determines appropriate.
    (d) The Secretary of State is hereby designated to receive 
advice or supplemental views on the President's behalf 
consistent with the following provisions of law:
          (1) section 610(c)(1) of the ATDA Act (7 U.S.C. 
        1738i(c)(1)); and
          (2) section 813(b) of the Foreign Assistance Act (22 
        U.S.C. 2431k).
    Sec. 3. Recommendation by USAID. The Administrator of USAID 
shall make recommendations with respect to 803(5)(B) of the 
Foreign Assistance Act (22 U.S.C. 2431a(5)(B)[)], in 
cooperation with the Secretary of Agriculture and the Secretary 
of State.
    Sec. 4. Government Appointees to the Enterprise for the 
Americas Board. (a) Pursuant to section 610(b)(1)(A) of the 
ATDA Act (7 U.S.C. 1738i(b)(1)(A)[)] and section 811(b)(1)(A) 
and (b)(2) of the Foreign Assistance Act (22 U.S.C. 
2431i(b)(1)(A) and (b)(2)), the following officers or employees 
of the United States are hereby designated to serve as 
representatives on the Enterprise for the Americas Board:
          (i) the designee of the Secretary of State, who shall 
        be the chairperson of the Board;
          (ii) the designee of the Secretary of the Treasury;
          (iii) two designees of the Secretary of Agriculture, 
        one of whom shall be an officer or employee of the 
        United States Forest Service International Programs 
        Office with experience in international forestry 
        matters, and the other shall be an officer or employee 
        of the Foreign Agricultural Service;
          (iv) the designee of the Secretary of the Interior;
          (v) the designee of the Administrator of the 
        Environmental Protection Agency;
          (vi) the designee of the Administrator of USAID, who 
        shall be the vice chairperson of the Board; and
          (vii) the designee of the Chairman of the Council on 
        Environmental Quality.
    (b) The Board shall permit the following officers or 
employees of the United States to attend and observe a Board 
meeting:
          (i) a designee of the Secretary of Commerce; and
          (ii) a designee of the head of any executive 
        department or agency, if the meeting will relate to 
        matters relevant to the activities of such executive 
        department or agency.
    (c) An officer of the United States listed in subsections 
4(a) and 4(b) shall make a designation for purposes of those 
subsections in writing submitted to the Secretary of State and 
shall change any such designation in the same manner. The 
authority to make such a designation may not be delegated.
    (d) The Secretary of State may, after consultation with the 
officers of the United States listed in subsection 4(b) and the 
Attorney General, as appropriate, establish such procedures as 
may be necessary to provide for the governance and 
administration of the Board.
    Sec. 5. Guidance for the Performance of Functions. In 
performing functions under this order, officers of the United 
States:
          (a) shall ensure that all actions taken by them are 
        consistent with the President's constitutional 
        authority to (i) conduct the foreign affairs of the 
        United States, including the commencement, conduct, and 
        termination of negotiations with foreign countries and 
        international organizations, (ii) withhold information 
        the disclosure of which could impair the foreign 
        relations, the national security, the deliberative 
        processes of the Executive, or the performance of the 
        Executive's constitutional duties, (iii) recommend for 
        congressional consideration such measures as the 
        President may judge necessary or expedient, and (iv) 
        supervise the unitary executive branch;
          (b) may further assign functions assigned by this 
        order to officers of any department or agency within 
        the executive branch to the extent permitted by law 
        except as provided in subsection 4(c) of this order and 
        such further assignment shall be published in the 
        Federal Register; and
          (c) shall consult the Attorney General as appropriate 
        in implementing this section.
    Sec. 6. Revocation of Executive Orders. The following 
Executive Orders are hereby revoked:
          (a) Executive Order 12757 of March 19, 1991;
          (b) Executive Order 12823 of December 3, 1992;
                  (c) Executive Order 13028 of December 3, 
                1996; and
          (d) Executive Order 13131 of July 22, 1999.
    Sec. 7. Judicial Review. This order is not intended to, and 
does not, create any right or benefit, substantive or 
procedural, enforceable at law or in equity by a party against 
the United States, its departments, agencies, entities, 
officers, employees or agents, or any other person.
   b. Department of State--Delegation of Authority; Establishment of 
                                 Bureau

          (1) Science, Technology, and American Diplomacy \1\

  Title V of Public Law 95-426 [Foreign Relations Authorization Act, 
Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 982, approved October 7, 
                            1978, as amended

    AN ACT To authorize appropriations for fiscal year 1979 for the 
 Department of State, the International Communication Agency, and the 
   Board for International Broadcasting, to make changes in the laws 
  relating to those agencies, to make changes in the Foreign Service 
   personnel system, to establish policies and responsibilities with 
 respect to science, technology, and American diplomacy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ Portions of this Act may also be found in Legislation on 
Foreign Relations Through 2005, vol. II-A.
---------------------------------------------------------------------------

                              short title

    Section 1. This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Year 1979''.
          * * * * * * *

          TITLE V--SCIENCE, TECHNOLOGY, AND AMERICAN DIPLOMACY

                                findings

    Sec. 501.\2\ The Congress finds that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2656a.
---------------------------------------------------------------------------
          (1) the consequences of modern scientific and 
        technological advances are of such major significance 
        in United States foreign policy that understanding and 
        appropriate knowledge of modern science and technology 
        by officers and employees of the United States 
        Government are essential in the conduct of modern 
        diplomacy;
          (2) many problems and opportunities for development 
        in modern diplomacy lie in scientific and technological 
        fields;
          (3) in the formulation, implementation, and 
        evaluation of the technological aspects of United 
        States foreign policy, the United States Government 
        should seek out and consult with both public and 
        private industrial, academic, and research institutions 
        concerned with modern technology; and
          (4) the effective use of science and technology in 
        international relations for the mutual benefit of all 
        countries requires the development and use of the 
        skills and methods of long-range planning.

                         declaration of policy

    Sec. 502.\3\ In order to maximize the benefits and to 
minimize the adverse consequences of science and technology in 
the conduct of foreign policy, the Congress declares the 
following to be the policy of the United States:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2656b.
---------------------------------------------------------------------------
          (1) Technological opportunities, impacts, changes, 
        and threats should be anticipated and assessed, and 
        appropriate measures should be implemented to influence 
        such technological developments in ways beneficial to 
        the United States and other countries.
          (2) The mutually beneficial applications of 
        technology in bilateral and multilateral agreements and 
        activities involving the United States and foreign 
        countries or international organizations should be 
        recognized and supported as an important element of 
        United States foreign policy.
          (3) The United States Government should implement 
        appropriate measures to insure that individuals are 
        trained in the use of science and technology as an 
        instrument in international relations and that officers 
        and employees of the United States Government engaged 
        in formal and informal exchanges of scientific and 
        technical information, personnel, and hardware are 
        knowledgeable in international affairs.
          (4) In recognition of the environmental and 
        technological factors that change relations among 
        countries and in recognition of the growing 
        interdependence between the domestic and foreign 
        policies and programs of the United States, United 
        States foreign policy should be continually reviewed by 
        the executive and legislative branches of the 
        Government to insure appropriate and timely application 
        of science and technology to the conduct of United 
        States foreign policy.
          (5) \4\ Federally supported international science and 
        technology agreements should be negotiated to ensure 
        that--
---------------------------------------------------------------------------
    \4\ Sec. 5171(a) of Public Law 100-418 (102 Stat. 1452) added para. 
(5).
---------------------------------------------------------------------------
                  (A) intellectual property rights are properly 
                protected; and
                  (B) access to research and development 
                opportunities and facilities and the flow of 
                scientific and technological information, are, 
                to the maximum extent practicable, equitable 
                and reciprocal.

                   responsibilities of the president

    Sec. 503.\5\ (a) The President, in consultation with the 
Director of the Office of Science and Technology Policy and 
other officials whom the President considers appropriate, 
shall--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2656c.
---------------------------------------------------------------------------
          (1) notwithstanding any other provision of law, 
        insure that the Secretary of State is informed and 
        consulted before any agency of the United States 
        Government takes any major action, primarily involving 
        science or technology, with respect to any foreign 
        government or international organization;
          (2) identify and evaluate elements of major domestic 
        science and technology programs and activities of the 
        United States Government with significant international 
        implications;
          (3) identify and evaluate international scientific or 
        technological developments with significant 
        implications for domestic programs and activities of 
        the United States Government; and
          (4) assess and initiate appropriate international 
        scientific and technological activities which are based 
        upon domestic scientific and technological activities 
        of the United States Government and which are 
        beneficial to the United States and foreign countries.
    (b) \6\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \6\ Sec. 1111(b) of Public Law 104-66 (109 Stat. 723) repealed 
subsec. (b), which had required the President to report annually on 
personnel requirements, standards, and training for service of U.S. 
Government officers and employees with respect to assignments in any 
Federal agency that involve foreign relations and science or technology 
and related matters.
---------------------------------------------------------------------------
    (c) Except as otherwise provided by law, nothing in this 
section shall be construed as requiring the public disclosure 
of sensitive information relating to intelligence sources or 
methods or to persons engaged in monitoring scientific or 
technological developments for intelligence purposes.
    (d) \7\ (1) The information and recommendations developed 
under subsection (b)(3) shall be made available to the United 
States Trade Representative for use in his consultations with 
Federal agencies pursuant to Executive orders pertaining to the 
transfer of science and technology.
---------------------------------------------------------------------------
    \7\ Sec. 5171(c) of Public Law 100-418 (102 Stat. 1453) added 
subsec. (d).
---------------------------------------------------------------------------
          (2) In providing such information and 
        recommendations, the President shall utilize 
        information developed by any Federal departments, 
        agencies, or interagency committees, as he may consider 
        necessary.

                responsibility of the secretary of state

    Sec. 504.\8\ (a)(1) \9\ In order to implement the policies 
\9\ set forth in section 502 of this title, the Secretary of 
State (hereafter in this section referred to as the 
``Secretary'') shall have primary responsibility for 
coordination and oversight with respect to all major science or 
science and technology agreements and activities between the 
United States and foreign countries, international 
organizations, or commissions of which the United States and 
one or more foreign countries are members.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2656d.
    \9\ Sec. 5171(d) of Public Law 100-418 (102 Stat. 1453) 
redesignated subsec. (a) as (a)(1); struck out ``policy'' and inserted 
in lieu thereof ``policies''; and added paras. (2) and (3).
---------------------------------------------------------------------------
    (2) \9\ In coordinating and overseeing such agreements and 
activities, the Secretary shall consider (A) scientific merit; 
(B) equity of access as described in section 503(b); (C) 
possible commercial or trade linkages with the United States 
which may flow from the agreement or activity; (D) national 
security concerns; and (E) any other factors deemed 
appropriate.
    (3) \9\ Prior to entering into negotiations on such an 
agreement or activity, the Secretary shall provide Federal 
agencies which have primary responsibility for, or substantial 
interest in, the subject matter of the agreement or activity, 
including those agencies responsible for--
          (A) Federal technology management policies set forth 
        by Public Law 96-517 and the Stevenson-Wydler 
        Technology Innovation Act of 1980;
          (B) national security policies;
          (C) United States trade policies; and
          (D) relevant Executive orders,
with an opportunity to review the proposed agreement or 
activity to ensure its consistency with such policies and 
Executive orders, and to ensure effective interagency 
coordination.
    (b) The Secretary shall, to such extent or in such amounts 
as are provided in appropriation Acts, enter into long-term 
contracts, including contracts for the services of consultants, 
and shall make grants and take other appropriate measures in 
order to obtain studies, analyses, and recommendations from 
knowledgeable persons and organizations with respect to the 
application of science or technology to problems of foreign 
policy.
    (c) The Secretary shall, to such extent or in such amounts 
as are provided in appropriation Acts, enter into short-term 
and long-term contracts, including contracts for the services 
of consultants, and shall make grants and take other 
appropriate measures in order to obtain assistance from 
knowledgeable persons and organizations in training officers 
and employees of the United States Government, at all levels of 
the Foreign Service and Civil Service--
          (1) in the application of science and technology to 
        problems of United States foreign policy and 
        international relations generally; and
          (2) in the skills of long-range planning and analysis 
        with respect to the scientific and technological 
        aspects of United States foreign policy.
    (d) In obtaining assistance pursuant to subsection (c) in 
training personnel who are officers or employees of the 
Department of State, the Secretary may provide for detached 
service for graduate study at accredited colleges and 
universities.
    (e) \10\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \10\ Sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (e), which had required a report from the Secretary of State 
concerning the coordination and oversight of all major science or 
science and technology agreements and activities between the United 
States and foreign countries, international organizations, or 
commissions. The Secretary submitted this report on January 19, 1979, 
and filed a supplemental report on October 26, 1979.
---------------------------------------------------------------------------
          * * * * * * *
 (2) Establishment of Bureau of Oceans and International Environmental 
                       and Scientific Affairs \1\

 Partial text of Public Law 93-126 [Department of State Appropriations 
 Authorization Act of 1973; H.R. 7645], 87 Stat. 451, approved October 
                          18, 1973; as amended

AN ACT To authorize appropriations for the Department of State, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Department of State Appropriations 
Authorization Act of 1973''.
---------------------------------------------------------------------------
    \1\ This Public Law also may be found in Legislation on Foreign 
Relations Through 2005, vol. II-A.
---------------------------------------------------------------------------
          * * * * * * *

bureau of oceans and international environmental and scientific affairs

    Sec. 9.\2\ (a) \3\ There is established within the 
Department of State a Bureau of Oceans and International 
Environmental and Scientific Affairs. There \4\ shall be an 
Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs, appointed by the 
President, by and with the advice and consent of the Senate, 
who shall be the head of the Bureau and who shall have 
responsibility for matters relating to oceans, environmental, 
scientific, fisheries, wildlife, and conservation affairs and 
for such other related duties as the Secretary may from time to 
time designate.\5\
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2655a.
    \3\ Sec. 162(q)(2) of the Foreign Relations Act, Fiscal Years 1994 
and 1995 (Public Law 103-236; 108 Stat. 410), struck out subsec. (b), 
which had amended 5 U.S.C. 5315 to add reference to this Assistant 
Secretary of State.
    \4\ Sec. 162(q)(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck 
out ``In addition to the positions provided under the first section of 
the Act of May 26, 1949, as amended (22 U.S.C. 2652), there'' and 
inserted in lieu thereof ``There''.
    \5\ Sec. 162(q)(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), 
inserted ``and for such other related duties as the Secretary may from 
time to time designate''.
---------------------------------------------------------------------------
          * * * * * * *
(3) Delegating to the Secretary of State Certain Functions With Respect 
    to the Negotiation of International Agreements Relating to the 
                     Enhancement of the Environment

Executive Order 11742, October 23, 1973, 38 F.R. 29457, 33 U.S.C. 1251 
                                  note

    Under and by virtue of the authority vested in me by 
section 301 of title 3 of the United States Code and as 
President of the United States, I hereby authorize and empower 
the Secretary of State, in coordination with the Council on 
Environmental Quality, the Environmental Protection Agency, and 
other appropriate Federal agencies, to perform, without the 
approval, ratification, or other action of the President, the 
functions vested in the President by section 7 of the Federal 
Water Pollution Control Act Amendments of 1972 (Public Law 92-
500; 86 Stat. 898) with respect to international agreements 
relating to the enhancement of the environment.
    c. International Cooperation or Participation in International 
                           Organizations \1\

                     (1) REDI Center Authorization

    Partial text of Public Law 109-140 [H.R. 4436], 119 Stat. 2650, 
                       approved December 22, 2005

AN ACT To provide certain authorities for the Department of State, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. REDI CENTER.

    (a) Authorization.--The Secretary of State is authorized to 
provide for the participation by the United States in the 
Regional Emerging Diseases Intervention Center (in this section 
referred to as ``REDI Center'') in Singapore, as established by 
the Agreement described in subsection (c).
---------------------------------------------------------------------------
    \1\ See also legislation under Law of the Sea, beginning at page 5.
---------------------------------------------------------------------------
    (b) Consultation and Report.--
          (1) Consultation.--Prior to the review required under 
        Article 6.3 of the Agreement described in subsection 
        (c), the Secretary shall consult with the Committee on 
        International Relations of the House of Representatives 
        and the Committee on Foreign Relations of the Senate.
          (2) Report.--In connection with the submission of the 
        annual congressional budget justification, the 
        Secretary shall report on efforts undertaken at the 
        REDI Center with regard to bioterrorism concerns.
    (c) Agreement Described.--The Agreement referred to in this 
section is the Agreement between the Governments of the United 
States of America and the Republic of Singapore Establishing 
the Regional Emerging Diseases Intervention Center, done at 
Singapore, November 22, 2005.
          * * * * * * *
             (2) Congo Basin Forest Partnership Act of 2004

 Public Law 108-200 [H.R. 2264], 118 Stat. 458, approved February 13, 
                                  2004

 AN ACT To authorize appropriations for fiscal year 2004 to carry out 
  the Congo Basin Forest Partnership program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congo Basin Forest 
Partnership Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
          (1) The tropical forests of the Congo Basin, located 
        in the Central African countries of Cameroon, the 
        Central African Republic, the Democratic Republic of 
        the Congo, Equatorial Guinea, Gabon, the Republic of 
        Congo, Rwanda, Burundi, and Gao Tome/Principe, are 
        second in size only to the tropical forests of the 
        Amazon Basin.
          (2) These forests are a crucial economic resource for 
        the people of the Central African region.
          (3) Congo Basin forests play a critical role in 
        sustaining the environment--absorbing carbon dioxide, 
        cleansing water, and retaining soil.
          (4) Congo Basin forests contain the most diverse 
        grouping of plants and animals in Africa, including 
        rare and endangered species, such as the lowland 
        gorilla, mountain gorilla, chimpanzee, and okapi. These 
        plants and animals are invaluable for many reasons, 
        including their genetic and biochemical information, 
        which could spark advances in medical, agricultural, 
        and industrial technology.
          (5) Logging operations, driven by a growing global 
        demand for tropical hardwoods, are shrinking these 
        forests. One estimate has logging taking out Congo 
        Basin forest area at a rate of twice the size of the 
        State of Rhode Island every year.
          (6) The construction of logging roads and other 
        developments are putting intense hunting pressure on 
        wildlife. At current hunting levels, most species of 
        apes and other primates, large antelope, and elephants 
        will disappear from the Congo Basin, with some becoming 
        extinct.
          (7) If current deforestation and wildlife depletion 
        rates are not reversed, the six countries of the Congo 
        Basin most immediately, but also the world, will pay an 
        immense economic, environmental, and cultural price.
          (8) The United States has an interest in seeing 
        political stability and economic development advance in 
        the Congo Basin countries. This interest will be 
        adversely impacted if current deforestation and 
        wildlife depletion rates are not reversed.
          (9) Poorly managed and nonmanaged logging and hunting 
        threatens to do to the Congo Basin what it did to West 
        Africa, which lost much of its forest and wildlife 
        through over-exploitation.
          (10) Purged of wildlife, some Congo Basin forests 
        already are ``empty forests''.
          (11) In an attempt to conserve the forests of the 
        Congo Basin, the region's governments convened the 
        Yaounde (Cameroon) Forest Summit in March 1999.
          (12) In September 2002, Secretary of State Colin 
        Powell launched the Congo Basin Forest Partnership 
        (CBFP) in Johannesburg, South Africa. The CBFP promotes 
        the conservation and sustainable use of the region's 
        forests, for example, by working to combat poaching, 
        illegal logging, and other unsustainable practices, and 
        giving local populations an economic stake in the 
        preservation of the forests, including through the 
        development of ecotourism.
          (13)(A) The United States contribution to the CBFP 
        will focus on conserving 11 key landscapes in 6 
        countries--Cameroon, the Central African Republic, the 
        Democratic Republic of the Congo, Equatorial Guinea, 
        Gabon, and the Republic of Congo--identified at the 
        Yaounde Forest Summit as being of the greatest 
        biological importance to the region.
          (B) The United States will fund field-based 
        activities within these 25,000,000 acres that aim to 
        support a network of 27 national parks and protected 
        areas and well-managed forestry concessions.
          (C) In this way, the work will build on existing 
        United States efforts, including those of the Central 
        African Regional Program for the Environment (CARPE) of 
        the United States Agency for International Development, 
        which will implement the CBFP.
          (14) The CBFP has broad international financial 
        support, including from non-African governments, the 
        European Commission, the International Bank for 
        Reconstruction and Development, and numerous 
        nongovernment organizations.
          (15) A dramatic step toward conserving Congo Basin 
        forests has recently been taken by Gabon. In September 
        2002, President Omar Bongo announced the creation of 13 
        national parks, representing over 10 percent of Gabon's 
        surface area. Previously, Gabon had no national park 
        system.
          (16) With the CBFP and other initiatives, there 
        exists unprecedented momentum for the conservation of 
        Congo Basin forests.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
the President to carry out the Congo Basin Forest Partnership 
(CBFP) program $18,600,000 for fiscal year 2004.
    (b) CARPE.--Of the amounts appropriated pursuant to the 
authorization of appropriations in subsection (a), $16,000,000 
is authorized to be made available to the Central Africa 
Regional Program for the Environment (CARPE) of the United 
States Agency for International Development.
    (c) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are 
authorized to remain available until expended.
                 (3) Great Ape Conservation Act of 2000

 Public Law 106-411 [H.R. 4320], 114 Stat. 1789, approved November 1, 
                                  2000

 AN ACT To assist in the conservation of great apes by supporting and 
    providing financial resources for the conservation programs of 
 countries within the range of great apes and projects of persons with 
       demonstrated expertise in the conservation of great apes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Great Ape Conservation Act 
of 2000''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 6301 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings--Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 6301.
---------------------------------------------------------------------------
          (1) great ape populations have declined to the point 
        that the long-term survival of the species in the wild 
        is in serious jeopardy;
          (2) the chimpanzee, gorilla, bonobo, orangutan, and 
        gibbon are listed as endangered species under section 4 
        of the Endangered Species Act of 1973 (16 U.S.C. 1533) 
        and under Appendix I of the Convention on International 
        Trade in Endangered Species of Wild Fauna and Flora (27 
        UST 1087; TIAS 8249);
          (3) because the challenges facing the conservation of 
        great apes are so immense, the resources available to 
        date have not been sufficient to cope with the 
        continued loss of habitat due to human encroachment and 
        logging and the consequent diminution of great ape 
        populations;
          (4) because great apes are flagship species for the 
        conservation of the tropical forest habitats in which 
        they are found, conservation of great apes provides 
        benefits to numerous other species of wildlife, 
        including many other endangered species;
          (5) among the threats to great apes, in addition to 
        habitat loss, are population fragmentation, hunting for 
        the bushmeat trade, live capture, and exposure to 
        emerging or introduced diseases;
          (6) great apes are important components of the 
        ecosystems they inhabit, and studies of their wild 
        populations have provided important biological 
        insights;
          (7) although subsistence hunting of tropical forest 
        animals has occurred for hundreds of years at a 
        sustainable level, the tremendous increase in the 
        commercial trade of tropical forest species is 
        detrimental to the future of these species; and
          (8) the reduction, removal, or other effective 
        addressing of the threats to the long-term viability of 
        populations of great apes in the wild will require the 
        joint commitment and effort of countries that have 
        within their boundaries any part of the range of great 
        apes, the United States and other countries, and the 
        private sector.
    (b) Purposes--The purposes of this Act are--
          (1) to sustain viable populations of great apes in 
        the wild; and
          (2) to assist in the conservation and protection of 
        great apes by supporting conservation programs of 
        countries in which populations of great apes are 
        located and by supporting the CITES Secretariat.

SEC. 3.\3\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 6302
---------------------------------------------------------------------------
          (1) CITES.--The term ``CITES'' means the Convention 
        on International Trade in Endangered Species of Wild 
        Fauna and Flora, done at Washington March 3, 1973 (27 
        UST 1087; TIAS 8249), including its appendices.
          (2) Conservation.--The term ``conservation''--
                  (A) means the use of methods and procedures 
                necessary to prevent the diminution of, and to 
                sustain viable populations of, a species; and
                  (B) includes all activities associated with 
                wildlife management, such as--
                          (i) conservation, protection, 
                        restoration, acquisition, and 
                        management of habitat;
                          (ii) in-situ research and monitoring 
                        of populations and habitats;
                          (iii) assistance in the development, 
                        implementation, and improvement of 
                        management plans for managed habitat 
                        ranges;
                          (iv) enforcement and implementation 
                        of CITES;
                          (v) enforcement and implementation of 
                        domestic laws relating to resource 
                        management;
                          (vi) development and operation of 
                        sanctuaries for members of a species 
                        rescued from the illegal trade in live 
                        animals;
                          (vii) training of local law 
                        enforcement officials in the 
                        interdiction and prevention of the 
                        illegal killing of great apes;
                          (viii) programs for the 
                        rehabilitation of members of a species 
                        in the wild and release of the members 
                        into the wild in ways which do not 
                        threaten existing wildlife populations 
                        by causing displacement or the 
                        introduction of disease;
                          (ix) conflict resolution initiatives;
                          (x) community outreach and education; 
                        and
                          (xi) strengthening the capacity of 
                        local communities to implement 
                        conservation programs.
          (3) Fund.--The term ``Fund'' means the Great Ape 
        Conservation Fund established by section 5.
          (4) Great ape.--The term ``great ape'' means a 
        chimpanzee, gorilla, bonobo, orangutan, or gibbon.
          (5) Multinational species conservation fund.--The 
        term ``Multinational Species Conservation Fund'' means 
        such fund as established in title I of the Department 
        of the Interior and Related Agencies Appropriations 
        Act, 1999, under the heading ``MULTINATIONAL SPECIES 
        CONSERVATION FUND''.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 4.\4\ GREAT APE CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds and 
in consultation with other appropriate Federal officials, the 
Secretary shall use amounts in the Fund to provide financial 
assistance for projects for the conservation of great apes for 
which project proposals are approved by the Secretary in 
accordance with this section.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 6303.
---------------------------------------------------------------------------
    (b) Project Proposals.--
          (1) Eligible applications.--A proposal for a project 
        for the conservation of great apes may be submitted to 
        the Secretary by--
                  (A) any wildlife management authority of a 
                country that has within its boundaries any part 
                of the range of a great ape if the activities 
                of the authority directly or indirectly affect 
                a great ape population;
                  (B) the CITES Secretariat; or
                  (C) any person or group with the demonstrated 
                expertise required for the conservation of 
                great apes.
          (2) Required elements.--A project proposal shall 
        include--
                  (A) a concise statement of the purposes of 
                the project;
                  (B) the name of the individual responsible 
                for conducting the project;
                  (C) a description of the qualifications of 
                the individuals who will conduct the project;
                  (D) a concise description of--
                          (i) methods for project 
                        implementation and outcome assessment;
                          (ii) staff and community management 
                        for the project; and
                          (iii) the logistics of the project;
                  (E) an estimate of the funds and time 
                required to complete the project;
                  (F) evidence of support for the project by 
                appropriate governmental entities of the 
                countries in which the project will be 
                conducted, if the Secretary determines that 
                such support is required for the success of the 
                project;
                  (G) information regarding the source and 
                amount of matching funding available for the 
                project; and
                  (H) any other information that the Secretary 
                considers to be necessary for evaluating the 
                eligibility of the project for funding under 
                this Act.
    (c) Project Review and Approval.--
          (1) In general.--The Secretary shall--
                  (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the 
                proposal to other appropriate Federal 
                officials; and
                  (B) review each project proposal in a timely 
                manner to determine if the proposal meets the 
                criteria specified in subsection (d).
          (2) Consultation; approval or disapproval.--Not later 
        than 180 days after receiving a project proposal, and 
        subject to the availability of funds, the Secretary, 
        after consulting with other appropriate Federal 
        officials, shall--
                  (A) consult on the proposal with the 
                government of each country in which the project 
                is to be conducted;
                  (B) after taking into consideration any 
                comments resulting from the consultation, 
                approve or disapprove the proposal; and
                  (C) provide written notification of the 
                approval or disapproval to the person who 
                submitted the proposal, other appropriate 
                Federal officials, and each country described 
                in subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a 
project proposal under this section if the project will enhance 
programs for conservation of great apes by assisting efforts 
to--
          (1) implement conservation programs;
          (2) address the conflicts between humans and great 
        apes that arise from competition for the same habitat;
          (3) enhance compliance with CITES and other 
        applicable laws that prohibit or regulate the taking or 
        trade of great apes or regulate the use and management 
        of great ape habitat;
          (4) develop sound scientific information on, or 
        methods for monitoring--
                  (A) the condition and health of great ape 
                habitat;
                  (B) great ape population numbers and trends; 
                or
                  (C) the current and projected threats to the 
                habitat, current and projected numbers, or 
                current and projected trends; or
          (5) promote cooperative projects on the issues 
        described in paragraph (4) among government entities, 
        affected local communities, nongovernmental 
        organizations, or other persons in the private sector.
    (e) Project Sustainability.--To the maximum extent 
practicable, in determining whether to approve project 
proposals under this section, the Secretary shall give 
preference to conservation projects that are designed to ensure 
effective, long-term conservation of great apes and their 
habitats.
    (f) Matching Funds.--In determining whether to approve 
project proposals under this section, the Secretary shall give 
preference to projects for which matching funds are available.
    (g) Project Reporting.--
          (1) In general.--Each person that receives assistance 
        under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the 
        Secretary considers necessary) that include all 
        information that the Secretary, after consultation with 
        other appropriate government officials, determines is 
        necessary to evaluate the progress and success of the 
        project for the purposes of ensuring positive results, 
        assessing problems, and fostering improvements.
          (2) Availability to the public.--Reports under 
        paragraph (1), and any other documents relating to 
        projects for which financial assistance is provided 
        under this Act, shall be made available to the public.
    (h) Limitations on Use for Captive Breeding.--Amounts 
provided as a grant under this Act--
          (1) may not be used for captive breeding of great 
        apes other than for captive breeding for release into 
        the wild; and
          (2) may be used for captive breeding of a species for 
        release into the wild only if no other conservation 
        method for the species is biologically feasible.
    (i) Panel.--Every 2 years, the Secretary shall convene a 
panel of experts to identify the greatest needs for the 
conservation of great apes.

SEC. 5.\5\ GREAT APE CONSERVATION FUND.

    (a) Establishment.--There is established in the 
Multinational Species Conservation Fund a separate account to 
be known as the ``Great Ape Conservation Fund'', consisting 
of--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 6304.
---------------------------------------------------------------------------
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection 
        (e);
          (2) amounts appropriated to the Fund under section 6; 
        and
          (3) any interest earned on investment of amounts in 
        the Fund under subsection (c).
    (b) Expenditures from Fund.--
          (1) In general.--Subject to paragraph (2), upon 
        request by the Secretary, the Secretary of the Treasury 
        shall transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to provide assistance under 
        section 4.
          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expand \6\ not more than 3 percent, or up to 
        $80,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        Act.
---------------------------------------------------------------------------
    \6\ So in original. Should probably be ``expend''.
---------------------------------------------------------------------------
    (c) Investment of Amounts.--
          (1) In general.--The Secretary of the Treasury shall 
        invest such portion of the Fund as is not, in the 
        judgment of the Secretary of the Treasury, required to 
        meet current withdrawals. Investments may be made only 
        in interest-bearing obligations of the United States.
          (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be 
        acquired--
                  (A) on original issue at the issue price; or
                  (B) by purchase of outstanding obligations at 
                the market price.
          (3) Sale of obligations.--Any obligation acquired by 
        the Fund may be sold by the Secretary of the Treasury 
        at the market price.
          (4) Credits to fund.--The interest on, and the 
        proceeds from the sale or redemption of, any 
        obligations held in the Fund shall be credited to and 
        form a part of the Fund.
    (d) Transfers of Amounts.--
          (1) In general.--The amounts required to be 
        transferred to the Fund under this section shall be 
        transferred at least monthly from the general fund of 
        the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
          (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts 
        required to be transferred.
    (e) Acceptance and Use of Donations.--The Secretary may 
accept and use donations to provide assistance under section 4. 
Amounts received by the Secretary in the form of donations 
shall be transferred to the Secretary of the Treasury for 
deposit into the Fund.

SEC. 6.\7\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years 2001 through 2005.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 6305. The Department of Interior and Related Agencies 
Appropriations, 2006 (Public Law 109-54; 119 Stat. 499), provided the 
following:
    ``For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16 
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public 
Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until 
expended.''.
            (4) Neotropical Migratory Bird Conservation Act

   Public Law 106-247 [S. 148], 114 Stat. 593, approved July 20, 2000

AN ACT To require the Secretary of the Interior to establish a program 
  to provide assistance in the conservation of neotropical migratory 
                                 birds.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Neotropical Migratory Bird 
Conservation Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 6101 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 6101.
---------------------------------------------------------------------------
          (1) of the nearly 800 bird species known to occur in 
        the United States, approximately 500 migrate among 
        countries, and the large majority of those species, the 
        neotropical migrants, winter in Latin America and the 
        Caribbean;
          (2) neotropical migratory bird species provide 
        invaluable environmental, economic, recreational, and 
        aesthetic benefits to the United States, as well as to 
        the Western Hemisphere;
          (3)(A) many neotropical migratory bird populations, 
        once considered common, are in decline, and some have 
        declined to the point that their long-term survival in 
        the wild is in jeopardy; and
          (B) the primary reason for the decline in the 
        populations of those species is habitat loss and 
        degradation (including pollution and contamination) 
        across the species' range; and
          (4)(A) because neotropical migratory birds range 
        across numerous international borders each year, their 
        conservation requires the commitment and effort of all 
        countries along their migration routes; and
          (B) although numerous initiatives exist to conserve 
        migratory birds and their habitat, those initiatives 
        can be significantly strengthened and enhanced by 
        increased coordination.

SEC. 3.\3\ PURPOSES.

    The purposes of this Act are--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 6102.
---------------------------------------------------------------------------
          (1) to perpetuate healthy populations of neotropical 
        migratory birds;
          (2) to assist in the conservation of neotropical 
        migratory birds by supporting conservation initiatives 
        in the United States, Latin America, and the Caribbean; 
        and
          (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 4.\4\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 6103.
---------------------------------------------------------------------------
          (1) Account.--The term ``Account'' means the 
        Neotropical Migratory Bird Conservation Account 
        established by section 9(a).
          (2) Conservation.--The term ``conservation'' means 
        the use of methods and procedures necessary to bring a 
        species of neotropical migratory bird to the point at 
        which there are sufficient populations in the wild to 
        ensure the long-term viability of the species, 
        including--
                  (A) protection and management of neotropical 
                migratory bird populations;
                  (B) maintenance, management, protection, and 
                restoration of neotropical migratory bird 
                habitat;
                  (C) research and monitoring;
                  (D) law enforcement; and
                  (E) community outreach and education.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 5.\5\ FINANCIAL ASSISTANCE.

    (a) In General.--The Secretary shall establish a program to 
provide financial assistance for projects to promote the 
conservation of neotropical migratory birds.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 6104
---------------------------------------------------------------------------
    (b) Project Applicants.--A project proposal may be 
submitted by--
          (1) an individual, corporation, partnership, trust, 
        association, or other private entity;
          (2) an officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any 
        State, municipality, or political subdivision of a 
        State, or of any foreign government;
          (3) a State, municipality, or political subdivision 
        of a State;
          (4) any other entity subject to the jurisdiction of 
        the United States or of any foreign country; and
          (5) an international organization (as defined in 
        section 1 of the International Organizations Immunities 
        Act (22 U.S.C. 288)).
    (c) Project Proposals.--To be considered for financial 
assistance for a project under this Act, an applicant shall 
submit a project proposal that--
          (1) includes--
                  (A) the name of the individual responsible 
                for the project;
                  (B) a succinct statement of the purposes of 
                the project;
                  (C) a description of the qualifications of 
                individuals conducting the project; and
                  (D) an estimate of the funds and time 
                necessary to complete the project, including 
                sources and amounts of matching funds;
          (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in 
        the United States, Latin America, or the Caribbean;
          (3) includes mechanisms to ensure adequate local 
        public participation in project development and 
        implementation;
          (4) contains assurances that the project will be 
        implemented in consultation with relevant wildlife 
        management authorities and other appropriate government 
        officials with jurisdiction over the resources 
        addressed by the project;
          (5) demonstrates sensitivity to local historic and 
        cultural resources and complies with applicable laws;
          (6) describes how the project will promote 
        sustainable, effective, long-term programs to conserve 
        neotropical migratory birds; and
          (7) provides any other information that the Secretary 
        considers to be necessary for evaluating the proposal.
    (d) Project Reporting.--Each recipient of assistance for a 
project under this Act shall submit to the Secretary such 
periodic reports as the Secretary considers to be necessary. 
Each report shall include all information required by the 
Secretary for evaluating the progress and outcome of the 
project.
    (e) Cost Sharing.--
          (1) Federal share.--The Federal share of the cost of 
        each project shall be not greater than 25 percent.
          (2) Non-federal share.--
                  (A) Source.--The non-Federal share required 
                to be paid for a project shall not be derived 
                from any Federal grant program.
                  (B) Form of payment.--
                          (i) Projects in the united states.--
                        The non-Federal share required to be 
                        paid for a project carried out in the 
                        United States shall be paid in cash.
                          (ii) Projects in foreign countries.--
                        The non-Federal share required to be 
                        paid for a project carried out in a 
                        foreign country may be paid in cash or 
                        in kind.

SEC. 6.\6\ DUTIES OF THE SECRETARY.

    In carrying out this Act, the Secretary shall--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 6105.
---------------------------------------------------------------------------
          (1) develop guidelines for the solicitation of 
        proposals for projects eligible for financial 
        assistance under section 5;
          (2) encourage submission of proposals for projects 
        eligible for financial assistance under section 5, 
        particularly proposals from relevant wildlife 
        management authorities;
          (3) select proposals for financial assistance that 
        satisfy the requirements of section 5, giving 
        preference to proposals that address conservation needs 
        not adequately addressed by existing efforts and that 
        are supported by relevant wildlife management 
        authorities; and
          (4) generally implement this Act in accordance with 
        its purposes.

SEC. 7.\7\ COOPERATION.

    (a) In General.--In carrying out this Act, the Secretary 
shall--
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 6106.
---------------------------------------------------------------------------
          (1) support and coordinate existing efforts to 
        conserve neotropical migratory bird species, through--
                  (A) facilitating meetings among persons 
                involved in such efforts;
                  (B) promoting the exchange of information 
                among such persons;
                  (C) developing and entering into agreements 
                with other Federal agencies, foreign, State, 
                and local governmental agencies, and 
                nongovernmental organizations; and
                  (D) conducting such other activities as the 
                Secretary considers to be appropriate; and
          (2) coordinate activities and projects under this Act 
        with existing efforts in order to enhance conservation 
        of neotropical migratory bird species.
    (b) Advisory Group.--
          (1) In general.--To assist in carrying out this Act, 
        the Secretary may convene an advisory group consisting 
        of individuals representing public and private 
        organizations actively involved in the conservation of 
        neotropical migratory birds.
          (2) Public participation.--
                  (A) Meetings.--The advisory group shall--
                          (i) ensure that each meeting of the 
                        advisory group is open to the public; 
                        and
                          (ii) provide, at each meeting, an 
                        opportunity for interested persons to 
                        present oral or written statements 
                        concerning items on the agenda.
                  (B) Notice.--The Secretary shall provide to 
                the public timely notice of each meeting of the 
                advisory group.
                  (C) Minutes.--Minutes of each meeting of the 
                advisory group shall be kept by the Secretary 
                and shall be made available to the public.
          (3) Exemption from federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to the advisory group.

SEC. 8.\8\ REPORT TO CONGRESS.

    Not later than October 1, 2002, the Secretary shall submit 
to Congress a report on the results and effectiveness of the 
program carried out under this Act, including recommendations 
concerning how the Act might be improved and whether the 
program should be continued.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 6107.
---------------------------------------------------------------------------

SEC. 9.\9\ NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.

    (a) Establishment.--There is established in the 
Multinational Species Conservation Fund of the Treasury a 
separate account to be known as the ``Neotropical Migratory 
Bird Conservation Account'', which shall consist of amounts 
deposited into the Account by the Secretary of the Treasury 
under subsection (b).
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 6108.
---------------------------------------------------------------------------
    (b) Deposits Into the Account.--The Secretary of the 
Treasury shall deposit into the Account--
          (1) all amounts received by the Secretary in the form 
        of donations under subsection (d); and
          (2) other amounts appropriated to the Account.
    (c) Use.--
          (1) In general.--Subject to paragraph (2), the 
        Secretary may use amounts in the Account, without 
        further Act of appropriation, to carry out this Act.
          (2) Administrative expenses.--Of amounts in the 
        Account available for each fiscal year, the Secretary 
        may expend not more than 3 percent or up to $80,000, 
        whichever is greater, to pay the administrative 
        expenses necessary to carry out this Act.
    (d) Acceptance and Use of Donations.--The Secretary may 
accept and use donations to carry out this Act. Amounts 
received by the Secretary in the form of donations shall be 
transferred to the Secretary of the Treasury for deposit into 
the Account.

SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Account to 
carry out this Act $5,000,000 for each of fiscal years 2001 
through 2005, to remain available until expended, of which not 
less than 75 percent of the amounts made available for each 
fiscal year shall be expended for projects carried out outside 
the United States.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 6109. The Department of Interior and Related 
Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499), 
provided the following:
    ``For financial assistance for projects to promote the conservation 
of neotropical migratory birds in accordance with the Neotropical 
Migratory Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-
6109), $4,000,000, to remain available until expended.''.
  (5) Responsibilities of Federal Agencies To Protect Migratory Birds

 Executive Order 13186, January 10, 2001, 66 F.R. 3853, 16 U.S.C. 701 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in furtherance of the purposes of the migratory bird 
conventions, the Migratory Bird Treaty Act (16 U.S.C. 703-711), 
the Bald and Golden Eagle Protection Acts (16 U.S.C. 668-668d), 
the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c), 
the Endangered Species Act of 1973 (16 U.S.C. 1531-1544), the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4347), and other pertinent statutes, it is hereby ordered as 
follows:
    Section 1. Policy. Migratory birds are of great ecological 
and economic value to this country and to other countries. They 
contribute to biological diversity and bring tremendous 
enjoyment to millions of Americans who study, watch, feed, or 
hunt these birds throughout the United States and other 
countries. The United States has recognized the critical 
importance of this shared resource by ratifying international, 
bilateral conventions for the conservation of migratory birds. 
Such conventions include the Convention for the Protection of 
Migratory Birds with Great Britain on behalf of Canada 1916, 
the Convention for the Protection of Migratory Birds and Game 
Mammals-Mexico 1936, the Convention for the Protection of Birds 
and Their Environment- Japan 1972, and the Convention for the 
Conservation of Migratory Birds and Their Environment-Union of 
Soviet Socialist Republics 1978.
    These migratory bird conventions impose substantive 
obligations on the United States for the conservation of 
migratory birds and their habitats, and through the Migratory 
Bird Treaty Act (Act), the United States has implemented these 
migratory bird conventions with respect to the United States. 
This Executive Order directs executive departments and agencies 
to take certain actions to further implement the Act.
    Sec. 2. Definitions. For purposes of this order:
          (a) ``Take'' means take as defined in 50 C.F.R. 
        10.12, and includes both ``intentional'' and 
        ``unintentional'' take.
          (b) ``Intentional take'' means take that is the 
        purpose of the activity in question.
          (c) ``Unintentional take'' means take that results 
        from, but is not the purpose of, the activity in 
        question.
          (d) ``Migratory bird'' means any bird listed in 50 
        C.F.R. 10.13.
          (e) ``Migratory bird resources'' means migratory 
        birds and the habitats upon which they depend.
          (f) ``Migratory bird convention'' means, 
        collectively, the bilateral conventions (with Great 
        Britain/Canada, Mexico, Japan, and Russia) for the 
        conservation of migratory bird resources.
          (g) ``Federal agency'' means an executive department 
        or agency, but does not include independent 
        establishments as defined by 5 U.S.C. 104.
          (h) ``Action'' means a program, activity, project, 
        official policy (such as a rule or regulation), or 
        formal plan directly carried out by a Federal agency. 
        Each Federal agency will further define what the term 
        ``action'' means with respect to its own authorities 
        and what programs should be included in the agency-
        specific Memoranda of Understanding required by this 
        order. Actions delegated to or assumed by nonfederal 
        entities, or carried out by nonfederal entities with 
        Federal assistance, are not subject to this order. Such 
        actions, however, continue to be subject to the 
        Migratory Bird Treaty Act.
          (i) ``Species of concern'' refers to those species 
        listed in the periodic report ``Migratory Nongame Birds 
        of Management Concern in the United States,'' priority 
        migratory bird species as documented by established 
        plans (such as Bird Conservation Regions in the North 
        American Bird Conservation Initiative or Partners in 
        Flight physiographic areas), and those species listed 
        in 50 C.F.R. 17.11.
    Sec. 3. Federal Agency Responsibilities. (a) Each Federal 
agency taking actions that have, or are likely to have, a 
measurable negative effect on migratory bird populations is 
directed to develop and implement, within 2 years, a Memorandum 
of Understanding (MOU) with the Fish and Wildlife Service 
(Service) that shall promote the conservation of migratory bird 
populations.
    (b) In coordination with affected Federal agencies, the 
Service shall develop a schedule for completion of the MOUs 
within 180 days of the date of this order. The schedule shall 
give priority to completing the MOUs with agencies having the 
most substantive impacts on migratory birds.
    (c) Each MOU shall establish protocols for implementation 
of the MOU and for reporting accomplishments. These protocols 
may be incorporated into existing actions; however, the MOU 
shall recognize that the agency may not be able to implement 
some elements of the MOU until such time as the agency has 
successfully included them in each agency's formal planning 
processes (such as revision of agency land management plans, 
land use compatibility guidelines, integrated resource 
management plans, and fishery management plans), including 
public participation and NEPA analysis, as appropriate. This 
order and the MOUs to be developed by the agencies are intended 
to be implemented when new actions or renewal of contracts, 
permits, delegations, or other third party agreements are 
initiated as well as during the initiation of new, or revisions 
to, land management plans.
    (d) Each MOU shall include an elevation process to resolve 
any dispute between the signatory agencies regarding a 
particular practice or activity.
    (e) Pursuant to its MOU, each agency shall, to the extent 
permitted by law and subject to the availability of 
appropriations and within Administration budgetary limits, and 
in harmony with agency missions:
          (1) support the conservation intent of the migratory 
        bird conventions by integrating bird conservation 
        principles, measures, and practices into agency 
        activities and by avoiding or minimizing, to the extent 
        practicable, adverse impacts on migratory bird 
        resources when conducting agency actions;
          (2) restore and enhance the habitat of migratory 
        birds, as practicable;
          (3) prevent or abate the pollution or detrimental 
        alteration of the environment for the benefit of 
        migratory birds, as practicable;
          (4) design migratory bird habitat and population 
        conservation principles, measures, and practices, into 
        agency plans and planning processes (natural resource, 
        land management, and environmental quality planning, 
        including, but not limited to, forest and rangeland 
        planning, coastal management planning, watershed 
        planning, etc.) as practicable, and coordinate with 
        other agencies and nonfederal partners in planning 
        efforts;
          (5) within established authorities and in conjunction 
        with the adoption, amendment, or revision of agency 
        management plans and guidance, ensure that agency plans 
        and actions promote programs and recommendations of 
        comprehensive migratory bird planning efforts such as 
        Partners-in-Flight, U.S. National Shorebird Plan, North 
        American Waterfowl Management Plan, North American 
        Colonial Waterbird Plan, and other planning efforts, as 
        well as guidance from other sources, including the Food 
        and Agricultural Organization's International Plan of 
        Action for Reducing Incidental Catch of Seabirds in 
        Longline Fisheries;
          (6) ensure that environmental analyses of Federal 
        actions required by the NEPA or other established 
        environmental review processes evaluate the effects of 
        actions and agency plans on migratory birds, with 
        emphasis on species of concern;
          (7) provide notice to the Service in advance of 
        conducting an action that is intended to take migratory 
        birds, or annually report to the Service on the number 
        of individuals of each species of migratory birds 
        intentionally taken during the conduct of any agency 
        action, including but not limited to banding or 
        marking, scientific collecting, taxidermy, and 
        depredation control;
          (8) minimize the intentional take of species of 
        concern by: (i) delineating standards and procedures 
        for such take; and (ii) developing procedures for the 
        review and evaluation of take actions. With respect to 
        intentional take, the MOU shall be consistent with the 
        appropriate sections of 50 C.F.R. parts 10, 21, and 22;
          (9) identify where unintentional take reasonably 
        attributable to agency actions is having, or is likely 
        to have, a measurable negative effect on migratory bird 
        populations, focusing first on species of concern, 
        priority habitats, and key risk factors. With respect 
        to those actions so identified, the agency shall 
        develop and use principles, standards, and practices 
        that will lessen the amount of unintentional take, 
        developing any such conservation efforts in cooperation 
        with the Service. These principles, standards, and 
        practices shall be regularly evaluated and revised to 
        ensure that they are effective in lessening the 
        detrimental effect of agency actions on migratory bird 
        populations. The agency also shall inventory and 
        monitor bird habitat and populations within the 
        agency's capabilities and authorities to the extent 
        feasible to facilitate decisions about the need for, 
        and effectiveness of, conservation efforts;
          (10) within the scope of its statutorily-designated 
        authorities, control the import, export, and 
        establishment in the wild of live exotic animals and 
        plants that may be harmful to migratory bird resources;
          (11) promote research and information exchange 
        related to the conservation of migratory bird 
        resources, including coordinated inventorying and 
        monitoring and the collection and assessment of 
        information on environmental contaminants and other 
        physical or biological stressors having potential 
        relevance to migratory bird conservation. Where such 
        information is collected in the course of agency 
        actions or supported through Federal financial 
        assistance, reasonable efforts shall be made to share 
        such information with the Service, the Biological 
        Resources Division of the U.S. Geological Survey, and 
        other appropriate repositories of such data (e.g, the 
        Cornell Laboratory of Ornithology);
          (12) provide training and information to appropriate 
        employees on methods and means of avoiding or 
        minimizing the take of migratory birds and conserving 
        and restoring migratory bird habitat;
          (13) promote migratory bird conservation in 
        international activities and with other countries and 
        international partners, in consultation with the 
        Department of State, as appropriate or relevant to the 
        agency's authorities;
          (14) recognize and promote economic and recreational 
        values of birds, as appropriate; and
          (15) develop partnerships with non-Federal entities 
        to further bird conservation.
    (f) Notwithstanding the requirement to finalize an MOU 
within 2 years, each agency is encouraged to immediately begin 
implementing the conservation measures set forth above in 
subparagraphs (1) through (15) of this section, as appropriate 
and practicable.
    (g) Each agency shall advise the public of the availability 
of its MOU through a notice published in the Federal Register.
    Sec. 4. Council for the Conservation of Migratory Birds. 
(a) The Secretary of Interior shall establish an interagency 
Council for the Conservation of Migratory Birds (Council) to 
oversee the implementation of this order. The Council's duties 
shall include the following: (1) sharing the latest resource 
information to assist in the conservation and management of 
migratory birds; (2) developing an annual report of 
accomplishments and recommendations related to this order; (3) 
fostering partnerships to further the goals of this order; and 
(4) selecting an annual recipient of a Presidential Migratory 
Bird Federal Stewardship Award for contributions to the 
protection of migratory birds.
    (b) The Council shall include representation, at the bureau 
director/administrator level, from the Departments of the 
Interior, State, Commerce, Agriculture, Transportation, Energy, 
Defense, and the Environmental Protection Agency and from such 
other agencies as appropriate.
    Sec. 5. Application and Judicial Review. (a) This order and 
the MOU to be developed by the agencies do not require changes 
to current contracts, permits, or other third party agreements.
    (b) This order is intended only to improve the internal 
management of the executive branch and does not create any 
right or benefit, substantive or procedural, separately 
enforceable at law or equity by a party against the United 
States, its agencies or instrumentalities, its officers or 
employees, or any other person.
              (6) Asian Elephant Conservation Act of 1997

 Public Law 105-96 [H.R. 1787], 111 Stat. 2150, approved November 19, 
  1997; as amended by Public Law 107-141 [Asian Elephant Conservation 
Reauthorization Act of 2002; H.R. 700], 116 Stat. 13, approved February 
                                12, 2002

 AN ACT To assist in the conservation of Asian elephants by supporting 
  and providing financial resources for the conservation programs of 
  nations within the range of Asian elephants and projects of persons 
  with demonstrated expertise in the conservation of Asian elephants.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Asian Elephant Conservation 
Act of 1997''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 4261 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS.

    The Congress finds the following:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 4261.
---------------------------------------------------------------------------
          (1) Asian elephant populations in nations within the 
        range of Asian elephants have continued to decline to 
        the point that the long-term survival of the species in 
        the wild is in serious jeopardy.
          (2) The Asian elephant is listed as an endangered 
        species under section 4 of the Endangered Species Act 
        of 1973 and under appendix I of the Convention on 
        International Trade of Endangered Species of Wild Fauna 
        and Flora.
          (3) Because the challenges facing the conservation of 
        Asian elephants are so great, resources to date have 
        not been sufficient to cope with the continued loss of 
        habitat and the consequent diminution of Asian elephant 
        populations.
          (4) The Asian elephant is a flagship species for the 
        conservation of tropical forest habitats in which it is 
        found and provides the consequent benefit from such 
        conservation to numerous other species of wildlife 
        including many other endangered species.
          (5) Among the threats to the Asian elephant in 
        addition to habitat loss are population fragmentation, 
        human-elephant conflict, poaching for ivory, meat, 
        hide, bones and teeth, and capture for domestication.
          (6) To reduce, remove, or otherwise effectively 
        address these threats to the long-term viability of 
        populations of Asian elephants in the wild will require 
        the joint commitment and effort of nations within the 
        range of Asian elephants, the United States and other 
        countries, and the private sector.

SEC. 3.\3\ PURPOSES.

    The purposes of this Act are the following:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 4262.
---------------------------------------------------------------------------
          (1) To perpetuate healthy populations of Asian 
        elephants.
          (2) To assist in the conservation and protection of 
        Asian elephants by supporting the conservation programs 
        of Asian elephant range states and the CITES 
        Secretariat.
          (3) To provide financial resources for those 
        programs.

SEC. 4.\4\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 4263.
---------------------------------------------------------------------------
          (1) The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna 
        and Flora, signed on March 3, 1973, and its appendices.
          (2) The term ``conservation'' means the use of 
        methods and procedures necessary to bring Asian 
        elephants to the point at which there are sufficient 
        populations in the wild to ensure that the species does 
        not become extinct, including all activities associated 
        with scientific resource management, such as 
        conservation, protection, restoration, acquisition, and 
        management of habitat; research and monitoring of known 
        populations; assistance in the development of 
        management plans for managed elephant ranges; CITES 
        enforcement; law enforcement through community 
        participation; translocation of elephants; conflict 
        resolution initiatives; and community outreach and 
        education.
          (3) The term ``Fund'' means the account established 
        by division A, section 101(e), title I of Public Law 
        105-277 under the heading ``multinational species 
        conservation fund''.\5\
---------------------------------------------------------------------------
    \5\ Sec. 5(a)(1) of the Asian Elephant Conservation Reauthorization 
Act of 2002 (Public Law 107-141; 116 Stat. 14) struck out ``the Asian 
Elephant Conservation Fund established under section 6(a)'' and 
inserted in lieu thereof ``the account established by division A, 
section 101(e), title I of Public Law 105-277 under the heading 
`multinational species conservation fund' ''.
---------------------------------------------------------------------------
          (4) The term ``Secretary'' means the Secretary of the 
        Interior.
          (5) The term ``Administrator'' means the 
        Administrator of the Agency for International 
        Development.

SEC. 5.\6\ ASIAN ELEPHANT CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability 
of funds and in consultation with the Administrator, shall use 
amounts in the Fund to provide financial assistance for 
projects for the conservation of Asian elephants for which 
final project proposals are approved by the Secretary in 
accordance with this section.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 4264.
---------------------------------------------------------------------------
    (b) Project Proposal.--Any relevant wildlife management 
authority of a nation within the range of Asian elephants whose 
activities directly or indirectly affect Asian elephant 
populations, the CITES Secretariat, or any person with 
demonstrated expertise in the conservation of Asian elephants, 
may submit to the Secretary a project proposal under this 
section. Each proposal shall include the following:
          (1) The name of the individual responsible for 
        conducting the project.
          (2) A succinct statement of the purposes of the 
        project.
          (3) A description of the qualifications of the 
        individuals who will conduct the project.
          (4) An estimate of the funds and time required to 
        complete the project.
          (5) Evidence of support of the project by appropriate 
        governmental entities of countries in which the project 
        will be conducted, if the Secretary determines that the 
        support is required for the success of the project.
          (6) Information regarding the source and amount of 
        matching funding available to the applicant.
          (7) Any other information the Secretary considers to 
        be necessary for evaluating the eligibility of the 
        project for funding under this Act.
    (c) Project Review and Approval.--
          (1) In general.--Within 30 days after receiving a 
        final project proposal, the Secretary shall provide a 
        copy of the proposal to the Administrator. The 
        Secretary shall review each final project proposal to 
        determine if it meets the criteria set forth in 
        subsection (d).
          (2) Consultation; approval or disapproval.--Not later 
        than 6 months after receiving a final project proposal, 
        and subject to the availability of funds, the 
        Secretary, after consulting with the Administrator, 
        shall--
                  (A) request written comments on the proposal 
                from each country within which the project is 
                to be conducted;
                  (B) after requesting those comments, approve 
                or disapprove the proposal; and
                  (C) provide written notification of that 
                approval or disapproval to the person who 
                submitted the proposal, the Administrator, and 
                each of those countries.
    (d) Criteria for Approval.--The Secretary may approve a 
final project proposal under this section if the project will 
enhance programs for conservation of Asian elephants by 
assisting efforts to--
          (1) implement conservation programs;
          (2) address the conflicts between humans and 
        elephants that arise from competition for the same 
        habitat;
          (3) enhance compliance with provisions of CITES and 
        laws of the United States or a foreign country that 
        prohibit or regulate the taking or trade of Asian 
        elephants or regulate the use and management of Asian 
        elephant habitat;
          (4) develop sound scientific information on the 
        condition of Asian elephant habitat, Asian elephant 
        population numbers and trends, or the threats to such 
        habitat, numbers, or trends; or
          (5) promote cooperative projects on those topics with 
        other foreign governments, affected local communities, 
        nongovernmental organizations, or others in the private 
        sector.
    (e) Project Sustainability.--To the maximum extent 
practical, in determining whether to approve project proposals 
under this section, the Secretary shall give consideration to 
projects which will enhance sustainable integrated conservation 
development programs to ensure effective, long-term 
conservation of Asian elephants.
    (f) Project Reporting.--Each person who receives assistance 
under this section for a project shall provide periodic 
reports, as the Secretary considers necessary, to the Secretary 
and the Administrator. Each report shall include all 
information required by the Secretary, after consulting with 
the Administrator, for evaluating the progress and success of 
the project.
    (g) Matching Funds.--In determining whether to approve 
project proposals under this section, the Secretary shall give 
priority to those projects for which there exists some measure 
of matching funds.
    (h) Limitation on Use for Captive Breeding.--Amounts 
provided as a grant under this Act may not be used for captive 
breeding of Asian elephants other than for release in the wild.

SEC. 6.\7\, \8\ ACCEPTANCE AND USE OF DONATIONS.

    The Secretary may accept and use donations to provide 
assistance under section 5. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary 
of the Treasury for deposit into the Fund.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 4265.
    \8\ Sec. 5(a)(2) of the Asian Elephant Conservation Reauthorization 
Act of 2002 (Public Law 107-141; 116 Stat. 14) struck out the sec. 
heading of sec. 6 and all that followed through the heading for subsec. 
(d) and inserted in lieu thereof a new sec. heading. It previously read 
as follows:
---------------------------------------------------------------------------

``sec. 6. asian elephant conservation fund.
---------------------------------------------------------------------------

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account to be known as the `Asian Elephant 
Conservation Fund', which shall consist of amounts deposited into the 
Fund by the Secretary of the Treasury under subsection (b).
    ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
---------------------------------------------------------------------------

  ``(1) all amounts received by the Secretary in the form of donations 
under subsection (d); and

  ``(2) other amounts appropriated to the Fund.
---------------------------------------------------------------------------

    ``(c) Use.--
---------------------------------------------------------------------------

  ``(1) In general.--Subject to paragraph (2), the Secretary may use 
amounts in the Fund without further appropriation to provide assistance 
under section 5.

  ``(2) Administration.--Of amounts in the Fund available for each fiscal 
year, the Secretary may use not more than 3 percent to administer the Fund.
---------------------------------------------------------------------------

    ``(d) Acceptance and Use of Donations.--''.
---------------------------------------------------------------------------

SEC. 7.\9\ ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of Asian elephants.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 4265a. Sec. 4 of the Asian Elephant Conservation 
Reauthorization Act of 2002 (Public Law 107-141; 116 Stat. 13) 
redesignated sec. 7 as sec. 8 and added a new sec. 7.
---------------------------------------------------------------------------
    (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
    (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

SEC. 8.\9\, \10\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized \11\ to be 
appropriated to the Fund $5,000,000 for each of fiscal years 
2001, 2002, 2003, 2004, 2005, 2006, and 2007 \12\ to carry out 
this Act, which may remain available until expended.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 4266. The Department of Interior and Related 
Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499) 
provided the following:
    ``For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16 
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public 
Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until 
expended.''.
    \11\ Sec. 3 of the Asian Elephant Conservation Reauthorization Act 
of 2002 (Public Law 107-141; 116 Stat. 13) struck out ``There are 
authorized'' and inserted in lieu thereof ``(a) In General.--There is 
authorized'', and added a new subsec. (b).
    \12\ Sec. 2 of the Asian Elephant Conservation Reauthorization Act 
of 2002 (Public Law 107-141; 116 Stat. 13) struck out ``1998, 1999, 
2000, 2001, and 2002'' and inserted in lieu thereof ``2001, 2002, 2003, 
2004, 2005, 2006, and 2007''.
---------------------------------------------------------------------------
    (b) \11\ Administrative Expenses.--Of amounts available 
each fiscal year to carry out this Act, the Secretary may 
expend not more than 3 percent or $80,000, whichever is 
greater, to pay the administrative expenses necessary to carry 
out this Act.
           (7) Rhinoceros and Tiger Conservation Act of 1998

    Partial text of Public Law 105-312 [H.R. 2807], 112 Stat. 2956, 
                       approved October 30, 1998

 AN ACT To clarify restrictions under the Migratory Bird Treaty Act on 
 baiting and to facilitate acquisition of migratory bird habitat, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ Except for sec. 401 and sec. 402 set out below, title IV amends 
the Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).
---------------------------------------------------------------------------
          * * * * * * *

            TITLE IV--RHINOCEROS AND TIGER CONSERVATION \1\

SEC. 401.\2\ SHORT TITLE.

    This title may be cited as the ``Rhinoceros and Tiger 
Conservation Act of 1998''.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5301 note.
---------------------------------------------------------------------------

SEC. 402.\2\ FINDINGS.

    Congress finds that--
          (1) the populations of all but 1 species of 
        rhinoceros, and the tiger, have significantly declined 
        in recent years and continue to decline;
          (2) these species of rhinoceros and tiger are listed 
        as endangered species under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix 
        I of the Convention on International Trade in 
        Endangered Species of Wild Fauna and Flora, signed on 
        March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in 
        this title as ``CITES'');
          (3) the Parties to CITES have adopted several 
        resolutions--
                  (A) relating to the conservation of tigers 
                (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 
                9.14), urging Parties to CITES to implement 
                legislation to reduce illegal trade in parts 
                and products of the species; and
                  (B) relating to trade in readily recognizable 
                parts and products of the species (Conf. 9.6), 
                and trade in traditional medicines (Conf. 
                10.19), recommending that Parties ensure that 
                their legislation controls trade in those parts 
                and derivatives, and in medicines purporting to 
                contain them;
          (4) a primary cause of the decline in the populations 
        of tiger and most rhinoceros species is the poaching of 
        the species for use of their parts and products in 
        traditional medicines;
          (5) there are insufficient legal mechanisms enabling 
        the United States Fish and Wildlife Service to 
        interdict products that are labeled or advertised as 
        containing substances derived from rhinoceros or tiger 
        species and prosecute the merchandisers for sale or 
        display of those products; and
          (6) legislation is required to ensure that--
                  (A) products containing, or labeled or 
                advertised as containing, rhinoceros parts or 
                tiger parts are prohibited from importation 
                into, or exportation from, the United States; 
                and
                  (B) efforts are made to educate persons 
                regarding alternatives for traditional medicine 
                products, the illegality of products 
                containing, or labeled or advertised as 
                containing, rhinoceros parts and tiger parts, 
                and the need to conserve rhinoceros and tiger 
                species generally.
          * * * * * * *
           (8) Rhinoceros and Tiger Conservation Act of 1994

 Public Law 103-391 [H.R. 4924], 108 Stat. 4094, approved October 22, 
     1994; as amended by Public Law 105-312 [Rhinoceros and Tiger 
Conservation Act of 1998; H.R. 2807], 112 Stat. 2956, approved October 
  30, 1998; and Public Law 107-112 [Rhinoceros and Tiger Conservation 
   Reauthorization Act of 2001; H.R. 645], 115 Stat. 2097, approved 
                            January 8, 2002

   AN ACT To assist in the conservation of rhinoceros and tigers by 
   supporting and providing financial resources for the conservation 
  programs of nations whose activities directly or indirectly affect 
    rhinoceros and tiger populations, and of the CITES Secretariat.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Rhinoceros and Tiger 
Conservation Act of 1994''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 5301 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS.

    The Congress finds the following:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5301.
---------------------------------------------------------------------------
          (1) The world's rhinoceros population is declining at 
        an alarming rate, a 90 percent decline since 1970.
          (2) All 5 subspecies of tiger are currently 
        threatened with extinction in the wild, with 
        approximately 5,000 to 6,000 tigers remaining 
        worldwide.
          (3) All rhinoceros species have been listed on 
        Appendix I of CITES since 1977.
          (4) All tiger subspecies have been listed on Appendix 
        I of CITES since 1987.
          (5) The tiger and all rhinoceros species, except the 
        southern subspecies of white rhinoceros, are listed as 
        endangered species under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.).
          (6) In 1987, the parties to CITES adopted a 
        resolution that urged all parties to establish a 
        moratorium on the sale and trade in rhinoceros products 
        (other than legally taken trophies), to destroy 
        government stockpiles of rhinoceros horn, and to exert 
        pressure on countries continuing to allow trade in 
        rhinoceros products.
          (7) On September 7, 1993, under section 8 of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the 
        Secretary certified that the People's Republic of China 
        and Taiwan were engaged in trade of rhinoceros parts 
        and tiger parts that diminished the effectiveness of an 
        international conservation program for that endangered 
        species.
          (8) On September 9, 1993, the Standing Committee of 
        CITES, in debating the continuing problem of trade in 
        rhinoceros horn and tiger parts, adopted a resolution 
        urging parties to CITES to implement stricter domestic 
        measures, up to and including an immediate prohibition 
        in trade in wildlife species.
          (9) On November 8, 1993, under section 8 of the 
        Fisherman's Protection Act of 1967 (22 U.S.C. 1978), 
        the President announced that the United States would 
        impose trade sanctions against China and Taiwan unless 
        substantial progress was made by March 1994 towards 
        ending trade in rhinoceros and tiger products.
          (10) On April 11, 1994, under section 8 of the 
        Fisherman's Protective Act of 1967 (22 U.S.C. 1978), 
        the President--
                  (A) directed that imports of wildlife 
                specimens and products from Taiwan be 
                prohibited, in response to Taiwan's failure to 
                undertake sufficient actions to stop illegal 
                rhinoceros and tiger trade; and
                  (B) indicated that the certification of China 
                would remain in effect and directed that 
                additional monitoring of China's progress be 
                undertaken.

SEC. 3.\3\ PURPOSES.

    The purposes of this Act are the following:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5302.
---------------------------------------------------------------------------
          (1) To assist in the conservation of rhinoceros and 
        tigers by supporting the conservation programs of 
        nations whose activities directly or indirectly affect 
        rhinoceros and tiger populations, and the CITES 
        Secretariat.
          (2) To provide financial resources for those 
        programs.
          (3) \4\ To prohibit the sale, importation, and 
        exportation of products intended for human consumption 
        or application containing, or labeled or advertised as 
        containing, any substance derived from any species of 
        rhinoceros or tiger.
---------------------------------------------------------------------------
    \4\ Sec. 403 of the Rhinoceros and Tiger Conservation Act of 1998 
(Public Law 105-312; 112 Stat. 2959) added para. (3).
---------------------------------------------------------------------------

SEC. 4.\5\ DEFINITIONS.

    In this Act--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 5303.
---------------------------------------------------------------------------
          (1) ``CITES'' means the Convention on International 
        Trade in Endangered Species of Wild Fauna and Flora, 
        signed on March 3, 1973, and its appendices;
          (2) ``conservation'' means the use of all methods and 
        procedures necessary to bring rhinoceros and tigers to 
        the point at which there are sufficient populations to 
        ensure that those species do not become extinct, 
        including all activities associated with scientific 
        resource management, such as research, census, law 
        enforcement, habitat protection, acquisition, and 
        management, propagation, live trapping, and 
        transportation;
          (3) ``Fund'' means the the \6\ account established by 
        division A, section 101(e), title I of Public Law 105-
        277 under the heading ``multinational species 
        conservation fund''; \7\
---------------------------------------------------------------------------
    \6\ As enrolled; should probably read ``the''.
    \7\ Sec. 6(a)(1) of the Rhinoceros and Tiger Conservation 
Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2098) struck 
out ``Rhinoceros and Tiger Conservation Fund established under section 
6(a)'' and inserted in lieu thereof ``the account established by 
division A, section 101(e), title I of Public Law 105-277 under the 
heading `multinational species conservation fund' ''.
---------------------------------------------------------------------------
          (4) ``Secretary'' means the Secretary of the 
        Interior; \8\
---------------------------------------------------------------------------
    \8\ Sec. 404 of the Rhinoceros and Tiger Conservation Act of 1998 
(Public Law 105-312; 112 Stat. 2961) struck out ``and'' at the end of 
para. (4), struck out a period at the end of para. (5) and inserted in 
lieu thereof ``; and'', and added a new para. (6).
---------------------------------------------------------------------------
          (5) ``Administrator'' means the Administrator of the 
        Agency for International Development; and \8\
          (6) \8\ ``person'' means--
                  (A) an individual, corporation, partnership, 
                trust, association, or other private entity;
                  (B) an officer, employee, agent, department, 
                or instrumentality of--
                          (i) the Federal Government;
                          (ii) any State, municipality, or 
                        political subdivision of a State; or
                          (iii) any foreign government;
                  (C) a State, municipality, or political 
                subdivision of a State; or
                  (D) any other entity subject to the 
                jurisdiction of the United States.

SEC. 5.\9\ RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability 
of appropriations and in consultation with the Administrator, 
shall use amounts in the Fund to provide financial assistance 
for projects for the conservation of rhinoceros and tigers.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5304.
---------------------------------------------------------------------------
    (b) Project Proposal.--A country whose activities directly 
or indirectly affect rhinoceros or tiger populations, the CITES 
Secretariat, or any other person may submit to the Secretary a 
project proposal under this section. Each proposal shall--
          (1) name the individual responsible for conducting 
        the project;
          (2) state the purposes of the project succinctly;
          (3) describe the qualifications of the individuals 
        who will conduct the project;
          (4) estimate the funds and time required to complete 
        the project;
          (5) provide evidence of support of the project by 
        appropriate governmental entities of countries in which 
        the project will be conducted, if the Secretary 
        determines that the support is required for the success 
        of the project; and
          (6) provide any other information the Secretary 
        considers to be necessary for evaluating the 
        eligibility of the project for funding under this Act.
    (c) Project Review and Approval.--Within 30 days of 
receiving a final project proposal, the Secretary shall provide 
a copy of the proposal to the Administrator. The Secretary 
shall review each final project proposal to determine if it 
meets the criteria set forth in subsection (d). Not later than 
6 months after receiving a final project proposal, and subject 
to the availability of funds, the Secretary, after consulting 
with the Administrator, shall approve or disapprove the 
proposal and provide written notification to the person who 
submitted the proposal, to the Administrator, and to each 
country within which the project is to be conducted.
    (d) Criteria for Approval.--The Secretary may approve a 
project under this section if the project will enhance programs 
for conservation of rhinoceros or tigers by assisting efforts 
to--
          (1) implement conservation programs;
          (2) enhance compliance with provisions of CITES and 
        laws of the United States or a foreign country that 
        prohibit or regulate the taking or trade of rhinoceros 
        or tigers or the use of rhinoceros or tiger habitat; or
          (3) develop sound scientific information on that 
        species' habitat condition and carrying capacity, total 
        numbers and population trends, or annual reproduction 
        and mortality.
    (e) \10\ Project Sustainability.--To the maximum extent 
practical, in determining whether to approve project proposals 
under this section, the Secretary shall give consideration to 
projects which will enhance sustainable conservation programs 
to ensure effective long-term conservation of rhinoceros and 
tigers.
---------------------------------------------------------------------------
    \10\ Sec. 5 of the Rhinoceros and Tiger Conservation 
Reauthorization Act of 2001 (Public Law 107-112, 115 Stat. 2098) 
amended and restated subsec. (e). It previously read as follows:
    ``(e) Project Sustainability.--To the maximum extent practical, the 
Secretary should give consideration to projects which will enhance 
sustainable development programs to ensure effective, long-term 
conservation of rhinoceros and tigers.''.
---------------------------------------------------------------------------
    (f) Project Reporting.--Each person that receives 
assistance under this section for a project shall provide 
periodic reports, as the Secretary considers necessary, to the 
Secretary and the Administrator. Each report shall include all 
information requested by the Secretary, after consulting with 
the Administrator, for evaluating the progress and success of 
the project.

SEC. 6.\11\ ACCEPTANCE AND USE OF DONATIONS.

    The Secretary may accept and use donations to provide 
assistance under section 5. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary 
of the Treasury for deposit into the Fund.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 5305. Sec. 6(a)(2) of the Rhinoceros and Tiger 
Conservation Reauthorization Act of 2001 (Public Law 107-112, 115 Stat. 
2098) struck out the section catchline in sec. 6 and all that followed 
through the subsec. heading in subsec. (d) and inserted in lieu thereof 
a new section heading. The section previously read as follows:
---------------------------------------------------------------------------

``sec. 6. rhinoceros and tiger conservation fund.
---------------------------------------------------------------------------

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account to be known as the `Rhinoceros and 
Tiger Conservation Fund', which shall consist of amounts deposited into 
the Fund by the Secretary of the Treasury under subsection (b).
    ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
---------------------------------------------------------------------------

  ``(1) all amounts received by the Secretary in the form of donations 
under subsection (d); and

  ``(2) other amounts appropriated to the Fund.
---------------------------------------------------------------------------

    ``(c) Use.--
---------------------------------------------------------------------------

  ``(1) In general.--Subject to paragraph (2), the Secretary may use 
amounts in the Fund without further appropriation to provide assistance 
under section 5.

  ``(2) Administration.--Of amounts in the Fund available for each fiscal 
year, the Secretary may use not more than 3 percent to administer the Fund.
---------------------------------------------------------------------------

    ``(d) Acceptance and Use of Donations.--''.
---------------------------------------------------------------------------

SEC. 7.\12\ PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF 
                    PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR 
                    TIGER PRODUCTS.
---------------------------------------------------------------------------

    \12\ 16 U.S.C. 5305a. Sec. 405 of the Rhinoceros and Tiger 
Conservation Act of 1998 (Public Law 105-312; 112 Stat. 2961) 
redesignated sec. 7 as sec. 9 and added a new sec. 7. Sec. 4 of the 
Rhinoceros and Tiger Conservation Reauthorization Act of 2001 (Public 
Law 107-112, 115 Stat. 2097) further redesignated sec. 9, as 
redesignated, as sec. 10.
---------------------------------------------------------------------------
    (a) Prohibition.--A person shall not sell, import, or 
export, or attempt to sell, import, or export, any product, 
item, or substance intended for human consumption or 
application containing, or labeled or advertised as containing, 
any substance derived from any species of rhinoceros or tiger.
    (b) Penalties.--
          (1) Criminal penalty.--A person engaged in business 
        as an importer, exporter, or distributor that knowingly 
        violates subsection (a) shall be fined under title 18, 
        United States Code, imprisoned not more than 6 months, 
        or both.
          (2) Civil penalties.--
                  (A) In general.--A person that knowingly 
                violates subsection (a), and a person engaged 
                in business as an importer, exporter, or 
                distributor that violates subsection (a), may 
                be assessed a civil penalty by the Secretary of 
                not more than $12,000 for each violation.
                  (B) Manner of assessment and collection.--A 
                civil penalty under this paragraph shall be 
                assessed, and may be collected, in the manner 
                in which a civil penalty under the Endangered 
                Species Act of 1973 may be assessed and 
                collected under section 11(a) of that Act (16 
                U.S.C. 1540(a)).
    (c) Products, Items, and Substances.--Any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section or any 
regulation issued under this section shall be subject to 
seizure and forfeiture to the United States.
    (d) Regulations.--After consultation with the Secretary of 
the Treasury, the Secretary of Health and Human Services, and 
the United States Trade Representative, the Secretary shall 
issue such regulations as are appropriate to carry out this 
section.
    (e) Enforcement.--The Secretary, the Secretary of the 
Treasury, and the Secretary of the department in which the 
Coast Guard is operating shall enforce this section in the 
manner in which the Secretaries carry out enforcement 
activities under section 11(e) of the Endangered Species Act of 
1973 (16 U.S.C. 1540(e)).
    (f) Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be 
used in accordance with section 6(d) of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3375(d)).

SEC. 8.\13\ EDUCATIONAL OUTREACH PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall develop and 
implement an educational outreach program in the United States 
for the conservation of rhinoceros and tiger species.
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 5305b. Sec. 406 of the Rhinoceros and Tiger 
Conservation Act of 1998 (Public Law 105-312; 112 Stat. 2961) added 
sec. 8.
---------------------------------------------------------------------------
    (b) Guidelines.--The Secretary shall publish in the Federal 
Register guidelines for the program.
    (c) Contents.--Under the program, the Secretary shall 
publish and disseminate information regarding--
          (1) laws protecting rhinoceros and tiger species, in 
        particular laws prohibiting trade in products 
        containing, or labeled or advertised as containing, 
        their parts;
          (2) use of traditional medicines that contain parts 
        or products of rhinoceros and tiger species, health 
        risks associated with their use, and available 
        alternatives to the medicines; and
          (3) the status of rhinoceros and tiger species and 
        the reasons for protecting the species.

SEC. 9.\14\ ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of rhinoceros and tiger 
species.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 5305c. Sec. 4 of the Rhinoceros and Tiger 
Conservation Reauthorization Act of 2001 (Public Law 107-112, 115 Stat. 
2097) added sec. 9.
---------------------------------------------------------------------------
    (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
    (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

SEC. 10.\12\, \15\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized \16\ to be 
appropriated to the Fund $10,000,000 for each of fiscal years 
2001, 2002, 2003, 2004, 2005, 2006, and 2007 \17\ to carry out 
this Act, to remain available until expended.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 5306. The Department of Interior and Related 
Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499), 
provided the following:
    ``For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16 
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public 
Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until 
expended.''.
    \16\ Sec. 3 of the Rhinoceros and Tiger Conservation 
Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2097) struck 
out ``There are authorized'' and inserted in lieu thereof ``(a) In 
General.--There is authorized'' and added a new subsec. (b).
    \17\ Sec. 2 of the Rhinoceros and Tiger Conservation 
Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2097) struck 
out ``1996 through 2002'' and inserted in lieu thereof ``2001, 2002, 
2003, 2004, 2005, 2006, and 2007''. Previously, sec. 407 of the 
Rhinoceros and Tiger Conservation Act of 1998 (Public Law 105-312; 112 
Stat. 2961) struck out ``1996, 1997, 1998, 1999, and 2000'' and 
inserted in lieu thereof ``1996 through 2002''.
---------------------------------------------------------------------------
    (b) \16\ Administrative Expenses.--Of amounts available 
each fiscal year to carry out this Act, the Secretary may 
expend not more than 3 percent or $80,000, whichever is 
greater, to pay the administrative expenses necessary to carry 
out this Act.
             (9) Wild Exotic Bird Conservation Act of 1992

  Partial text of Public Law 102-440 [Wild Exotic Bird Conservation, 
     Great Lakes Fish and Wildlife Tissue Bank, Fish and Wildlife 
 Conservation, and African Elephant Conservation Act; H.R. 5013], 106 
                 Stat. 2224, approved October 23, 1992

AN ACT To promote the conservation of wild exotic birds, to provide for 
the Great Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish 
   and Wildlife Conservation Act of 1980, to reauthorize the African 
           Elephant Conservation Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                 TITLE I--WILD EXOTIC BIRD CONSERVATION

SEC. 101.\1\ SHORT TITLE.

    This title may be cited as the ``Wild Bird Conservation Act 
of 1992''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 4901 note.
---------------------------------------------------------------------------

SEC. 102.\2\ FINDINGS.

    The Congress finds the following:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 4901.
---------------------------------------------------------------------------
          (1) In addition to habitat loss and local use, the 
        international pet trade in wild-caught exotic birds is 
        contributing to the decline of species in the wild, and 
        the mortality associated with the trade remains 
        unacceptably high.
          (2) The United States, as the world's largest 
        importer of exotic birds and as a Party to the 
        Convention, should play a substantial role in finding 
        effective solutions to these problems, including 
        assisting countries of origin in implementing programs 
        of wild bird conservation, and ensuring that the market 
        in the United States for exotic birds does not operate 
        to the detriment of the survival of species in the 
        wild.
          (3) Sustainable utilization of exotic birds has the 
        potential to create economic value in them and their 
        habitats, which will contribute to their conservation 
        and promote the maintenance of biological diversity 
        generally.
          (4) Utilization of exotic birds that is not 
        sustainable should not be allowed.
          (5) Broad international attention has focused on the 
        serious conservation and welfare problems which 
        currently exist in the trade in wild-caught animals, 
        including exotic birds.
          (6) Many countries have chosen not to export their 
        wild birds for the pet trade. Their decisions should be 
        respected and their efforts should be supported.
          (7) Several countries that allow for the export of 
        their wild birds often lack the means to develop or 
        effectively implement scientifically based management 
        plans, and these countries should be assisted in 
        developing and implementing management plans to enable 
        them to ensure that their wild bird trade is conducted 
        humanely and at sustainable levels.
          (8) The major exotic bird exporting countries are 
        Parties to the Convention.
          (9) The Convention recognizes that trade in species 
        that are threatened with extinction, or that may become 
        so, should be subject to strict regulation.
          (10) The necessary population assessments, monitoring 
        programs, and appropriate remedial measures for species 
        listed in Appendix II of the Convention are not always 
        being undertaken in order to maintain species at levels 
        above which they might become eligible for inclusion in 
        Appendix I of the Convention.
          (11) Resolutions adopted pursuant to the Convention 
        recommend that the Parties to the Convention take 
        appropriate measures regarding trade in species of 
        exotic birds that have significantly high mortality 
        rates in transport, including suspension of trade for 
        commercial purposes between Parties when appropriate.
          (12) Article XIV provides that the Convention in no 
        way affects the right of any Party to the Convention to 
        adopt stricter domestic measures for the regulation of 
        trade in all species, whether or not listed in an 
        Appendix to the Convention.
          (13) The United States prohibits the export of all 
        birds native to the United States that are caught in 
        the wild.
          (14) This title provides a series of 
        nondiscriminatory measures that are necessary for the 
        conservation of exotic birds, and furthers the 
        obligations of the United States under the Convention.

SEC. 103.\3\ STATEMENT OF PURPOSE.

    The purpose of this title is to promote the conservation of 
exotic birds by--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 4902.
---------------------------------------------------------------------------
          (1) assisting wild bird conservation and management 
        programs in the countries of origin of wild birds;
          (2) ensuring that all trade in species of exotic 
        birds involving the United States is biologically 
        sustainable and is not detrimental to the species;
          (3) limiting or prohibiting imports of exotic birds 
        when necessary to ensure that--
                  (A) wild exotic bird populations are not 
                harmed by removal of exotic birds from the wild 
                for the trade; or
                  (B) exotic birds in trade are not subject to 
                inhumane treatment; and
          (4) encouraging and supporting effective 
        implementation of the Convention.

SEC. 104.\4\ DEFINITIONS.

    In this title--
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 4903.
---------------------------------------------------------------------------
          (1) The term ``Convention'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna 
        and Flora, as amended, signed in Washington on March 3, 
        1973, and the Appendices thereto.
          (2) The term ``exotic bird''--
                  (A) means any live or dead member of the 
                class Aves that is not indigenous to the 50 
                States or the District of Columbia, including 
                any egg or offspring thereof; and
                  (B) does not include--
                          (i) domestic poultry, dead sport-
                        hunted birds, dead museum specimens, 
                        dead scientific specimens, or products 
                        manufactured from such birds; or
                          (ii) birds in the following families: 
                        Phasianidae, Numididae, Cracidae, 
                        Meleagrididae, Megapodiidae, Anatidae, 
                        Struthionidae, Rheidae, Dromaiinae, and 
                        Gruidae.
          (3) Each of the terms ``import'' and ``importation'' 
        means to land on, bring into, or introduce into, or 
        attempt to land on, bring into, or introduce into, any 
        place subject to the jurisdiction of the United States.
          (4) The term ``person'' means an individual, 
        corporation, partnership, trust, association, or any 
        other private entity; or any officer, employee, agent, 
        department, or instrumentality of the Federal 
        Government, of any State, municipality, or political 
        subdivision of a State, or of any foreign government; 
        any State, municipality, or political subdivision of a 
        State; or any other entity subject to the jurisdiction 
        of the United States.
          (5) The term ``qualifying facility'' means an exotic 
        bird breeding facility that is included in a list 
        published by the Secretary under section 107.
          (6) The term ``Secretary'' means the Secretary of the 
        Interior or a designee of the Secretary of the 
        Interior.
          (7) The term ``species''--
                  (A) means any species, any subspecies, or any 
                distinct population segment of a species or 
                subspecies; and
                  (B) includes hybrids of any species or 
                subspecies.
          (8) The term ``United States'' means the 50 States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and the 
        Trust Territory of the Pacific Islands.

SEC. 105.\5\ MORATORIA ON IMPORTS OF EXOTIC BIRDS COVERED BY 
                    CONVENTION.

    (a) Immediate Moratorium.--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 4904.
---------------------------------------------------------------------------
          (1) Establishment of moratorium.--The importation of 
        any exotic bird of a species identified as a category B 
        species in the report entitled ``Report of the Animals 
        Committee'', adopted by the 8th meeting of the 
        Conference of the Parties to the Convention, is 
        prohibited.
          (2) Termination of moratorium.--A species of exotic 
        birds shall be subject to the prohibition on 
        importation established by paragraph (1) until the 
        Secretary, after notice and an opportunity for public 
        comment--
                  (A) determines that appropriate remedial 
                measures have been taken in the countries of 
                origin for that species, so as to eliminate the 
                threat of trade to the conservation of the 
                species; and
                  (B) makes the findings described in section 
                106(c) for the species and includes the species 
                in the list published under section 106(a).
    (b) Emergency Authority To Suspend Imports of Listed 
Species.--
          (1) Authority to suspend imports.--The Secretary is 
        authorized to suspend the importation of exotic birds 
        of any species that is listed in any Appendix to the 
        Convention, and if applicable remove the species from 
        the list under section 106(a), if the Secretary 
        determines that--
                  (A)(i) trade in that species is detrimental 
                to the species,
                  (ii) there is not sufficient information 
                available on which to base a judgment that the 
                species is not detrimentally affected by trade 
                in that species, or
                  (iii) remedial measures have been recommended 
                by the Standing Committee of the Convention 
                that have not been implemented; and
                  (B) the suspension might be necessary for the 
                conservation of the species.
          (2) Termination of suspension.--A species of exotic 
        birds shall be subject to a suspension of importation 
        under paragraph (1) until the Secretary, after notice 
        and an opportunity for public comment, makes the 
        findings described in section 106(c) and includes the 
        species in the list published under section 106(a).
    (c) Moratorium After One Year for Other Species Listed in 
Appendices.--Effective on the date that is one year after the 
date of the enactment of this Act, the importation of any 
exotic bird of a species that is listed in any Appendix to the 
Convention is prohibited unless the Secretary makes the 
findings described in section 106(c) and includes the species 
in the list published under section 106(a).
    (d) Limitation on Number Imported During First Year.--
Notwithstanding any other provision of this Act, the Secretary 
shall prohibit the importation, during the 1-year period 
beginning on the date of the enactment of this Act, of exotic 
birds of each species that is listed under any Appendix to the 
Convention in excess of the number of that species that were 
imported during the most recent year for which the Secretary 
has complete import data.

SEC. 106.\6\ LIST OF APPROVED SPECIES.

    (a) Listing.--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 4905.
---------------------------------------------------------------------------
          (1) In general.--One year after the date of enactment 
        of this Act and periodically thereafter, the Secretary 
        shall, after notice and an opportunity for public 
        comment, publish in the Federal Register a list of 
        species of exotic birds that are listed in an Appendix 
        to the Convention and that are not subject to a 
        prohibition or suspension of importation otherwise 
        applicable under section 105 (a), (b), or (c).
          (2) Manner of listing.--The Secretary shall list a 
        species under paragraph (1) with respect to--
                  (A) the countries of origin from which the 
                species may be imported; and
                  (B) if appropriate, the qualifying facilities 
                in those countries from which the species may 
                be imported.
          (3) Bases for determinations.--In making a 
        determination required under this subsection, the 
        Secretary shall--
                  (A) use the best scientific information 
                available; and
                  (B) consider the adequacy of regulatory and 
                enforcement mechanisms in all countries of 
                origin for the species, including such 
                mechanisms for control of illegal trade.
    (b) Captive Bred Species.--The Secretary shall include a 
species of exotic birds in the list under subsection (a) if the 
Secretary determines that--
          (1) the species is regularly bred in captivity and no 
        wild-caught birds of the species are in trade; or
          (2) the species is bred in a qualifying facility.
    (c) Non-Captive Bred Species.--The Secretary shall include 
in the list under subsection (a) a species of exotic birds that 
is listed in an Appendix to the Convention if the Secretary 
finds the Convention is being effectively implemented with 
respect to that species because of each of the following:
          (1) Each country of origin for which the species is 
        listed is effectively implementing the Convention, 
        particularly with respect to--
                  (A) the establishment of a scientific 
                authority or other equivalent authority;
                  (B) the requirements of Article IV of the 
                Convention with respect to that species; and
                  (C) remedial measures recommended by the 
                Parties to the Convention with respect to that 
                species.
          (2) A scientifically-based management plan for the 
        species has been developed which--
                  (A) provides for the conservation of the 
                species and its habitat and includes incentives 
                for conservation;
                  (B) ensures that the use of the species is 
                biologically sustainable and maintained 
                throughout the range of the species in the 
                country to which the plan applies at a level 
                that is consistent with the role of the species 
                in the ecosystem and is well above the level at 
                which the species might become threatened with 
                extinction; and
                  (C) addresses factors relevant to the 
                conservation of the species, including illegal 
                trade, domestic trade, subsistence use, 
                disease, and habitat loss.
          (3) The management plan is implemented and enforced.
          (4) The methods of capture, transport, and 
        maintenance of the species minimizes the risk of injury 
        or damage to health, including inhumane treatment.

SEC. 107.\7\ QUALIFYING FACILITIES.

    (a) Determination.--Upon submission of a petition under 
section 110 by any person, the Secretary shall determine 
whether an exotic bird breeding facility is a qualifying 
facility. Such determination shall be effective for a period 
specified by the Secretary, which may not exceed 3 years. The 
Secretary shall, from time to time, publish a list of 
qualifying facilities in the Federal Register.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 4906.
---------------------------------------------------------------------------
    (b) Criteria.--The Secretary shall determine under 
subsection (a) that a facility is a qualifying facility for a 
species of exotic birds if the Secretary finds each of the 
following:
          (1) The facility has demonstrated the capability of 
        producing captive bred birds of the species in the 
        numbers to be imported into the United States from that 
        facility.
          (2) The facility is operated in a manner that is not 
        detrimental to the survival of the species in the wild.
          (3) The facility is operated in a humane manner.
          (4) The appropriate governmental authority of the 
        country in which the facility is located has certified 
        in writing, and the Secretary is satisfied, that the 
        facility has the capability of breeding the species in 
        captivity.
          (5) The country in which the facility is located is a 
        Party to the Convention.
          (6) All birds exported from the facility are bred at 
        the facility.

SEC. 108.\8\ MORATORIA FOR SPECIES NOT COVERED BY CONVENTION.

    (a) In General.--The Secretary shall--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 4907.
---------------------------------------------------------------------------
          (1) review periodically the trade in species of 
        exotic birds that are not listed in any Appendix to the 
        Convention; and
          (2) after notice and an opportunity for public 
        comment, establish a moratorium or quota on--
                  (A) importation of any species of exotic 
                birds from one or more countries of origin for 
                the species, if the Secretary determines that--
                          (i) the findings described in section 
                        106(c) (2), (3), and (4) cannot be made 
                        with respect to the species; and
                          (ii) the moratorium or quota is 
                        necessary for the conservation of the 
                        species or is otherwise consistent with 
                        the purpose of this title; or
                  (B) the importation of all species of exotic 
                birds from a particular country, if--
                          (i) the country has not developed and 
                        implemented a management program for 
                        exotic birds in trade generally, that 
                        ensures both the conservation and the 
                        humane treatment of exotic birds during 
                        capture, transport, and maintenance; 
                        and
                          (ii) the Secretary finds that the 
                        moratorium or quota is necessary for 
                        the conservation of the species or is 
                        otherwise consistent with the purpose 
                        of this title.
    (b) Termination of Quota or Moratorium.--The Secretary 
shall terminate a quota or moratorium established under 
subsection (a) if the Secretary finds that the reasons for 
establishing the quota or moratorium no longer exist.

SEC. 109.\9\ CALL FOR INFORMATION.

    Within one month after the date of the enactment of this 
Act, the Secretary shall issue a call for information on the 
wild bird conservation program of each country that exports 
exotic birds, by--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 4908.
---------------------------------------------------------------------------
          (1) publishing a notice in the Federal Register 
        requesting submission of such information to the 
        Secretary by all interested persons; and
          (2) submitting a written request for such information 
        through the Secretary of State to each country that 
        exports exotic birds.

SEC. 110.\10\ PETITIONS.

    (a) In General.--Any person may at any time submit to the 
Secretary a petition in writing requesting that the Secretary 
exercise authority of the Secretary under this title to--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 4909.
---------------------------------------------------------------------------
          (1) establish, modify, or terminate any prohibition, 
        suspension, or quota under this title on importation of 
        any species of exotic bird;
          (2) add a species of exotic bird to, or remove such a 
        species from, a list under section 106; or
          (3) determine under section 107 whether an exotic 
        bird breeding facility is a qualifying facility.
    (b) Consideration and Ruling.--For each petition submitted 
to the Secretary in accordance with subsection (a), the 
Secretary shall--
          (1) within 90 days after receiving the petition, 
        issue and publish in the Federal Register a preliminary 
        ruling regarding whether the petition presents 
        sufficient information indicating that the action 
        requested in the petition might be warranted; and
          (2) for each petition determined to present such 
        sufficient information--
                  (A) provide an opportunity for the submission 
                of public comment on the petition; and
                  (B) issue and publish in the Federal Register 
                a final ruling on the petition, by not later 
                than 90 days after the end of the period for 
                public comment.

SEC. 111.\11\ PROHIBITED ACTS.

    (a) Prohibitions.--
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 4910.
---------------------------------------------------------------------------
          (1) In general.--Subject to paragraph (2), it is 
        unlawful for any person to--
                  (A) import any exotic bird in violation of 
                any prohibition, suspension, or quota on 
                importation under section 105 or 108;
                  (B) import an exotic bird of a species that 
                pursuant to section 106(a)(2)(B) is included in 
                a list under section 106, if the bird was not 
                captive bred at a qualifying facility; or
                  (C) violate any regulation promulgated by the 
                Secretary pursuant to authority provided by 
                this title.
          (2) Limitation.--Paragraph (1) (A) and (B) does not 
        apply to importations made incident to the transit of 
        exotic birds through the United States to foreign 
        countries if the applicable requirements of the 
        Convention have been satisfied with respect to the 
        trade in those exotic birds.
    (b) Burden of Proof for Exemptions.--Any person claiming 
the benefit of any exemption or permit under this title shall 
have the burden of proving that the exemption or permit is 
applicable or has been granted, and was valid and in force at 
the time of the alleged violation.

SEC. 112.\12\ EXEMPTIONS.

    Notwithstanding any prohibition, suspension, or quota under 
this title on the importation of a species of exotic bird, the 
Secretary may, through the issuance of import permits, 
authorize the importation of a bird of the species if the 
Secretary determines that such importation is not detrimental 
to the survival of the species and the bird is being imported 
exclusively for any of the following purposes:
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 4911.
---------------------------------------------------------------------------
          (1) Scientific research.
          (2) As a personally owned pet of an individual who is 
        returning to the United States after being continuously 
        out of the country for a minimum of one year, except 
        that an individual may not import more than 2 exotic 
        birds under this paragraph in any year.
          (3) Zoological breeding or display programs.
          (4) Cooperative breeding programs that are--
                  (A) designed to promote the conservation of 
                the species and maintain the species in the 
                wild by enhancing the propagation and survival 
                of the species; and
                  (B) developed and administered by, or in 
                conjunction with, an avicultural, conservation, 
                or zoological organization that meets standards 
                developed by the Secretary.

SEC. 113.\13\ PENALTIES AND REGULATIONS.

    (a) Penalties.--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 4912.
---------------------------------------------------------------------------
          (1) Civil penalties.--
                  (A) Any person who knowingly violates, and 
                any person engaged in business as an importer 
                of exotic birds who violates, section 111(a) 
                (1) or (2) or any permit issued under section 
                112 may be assessed a civil penalty by the 
                Secretary of not more than $25,000 for each 
                violation.
                  (B) Any person who knowingly violates, and 
                any person engaged in business as an importer 
                of exotic birds who violates, section 111(a)(3) 
                may be assessed a civil penalty by the 
                Secretary of not more than $12,000 for each 
                such violation.
                  (C) Any person who otherwise violates section 
                111(a) or any permit issued under section 112 
                may be assessed a civil penalty by the 
                Secretary of not more than $500 for each such 
                violation.
                  (D) A civil penalty under this section shall 
                be assessed, and may be collected, in the 
                manner in which a civil penalty under the Act 
                of December 28, 1973 (Public Law 93-205), may 
                be assessed and collected under section 111(a) 
                \14\ of that Act.
---------------------------------------------------------------------------
    \14\ So in original. Probably should be ``section 11(a)''.
---------------------------------------------------------------------------
          (2) Criminal penalties.--
                  (A) Any person who knowingly violates, and 
                any person engaged in business as an importer 
                of exotic birds who violates, section 111(a) 
                (1) or (2) or any permit issued under section 
                112 shall be fined under title 18, United 
                States Code, or imprisoned for not more than 2 
                years, or both.
                  (B) Any person who knowingly violates section 
                111(a)(3) shall be fined under title 18, United 
                States Code, imprisoned not more than 6 months, 
                or both.
    (b) District Court Jurisdiction.--The several district 
courts of the United States, including the courts enumerated in 
section 460 of title 28, United States Code, shall have 
jurisdiction over any action arising under this title. For the 
purposes of this title, American Samoa shall be included in the 
Judicial District of the District Court of the United States 
for the District of Hawaii, and the Trust Territory of Palau 
and the Northern Marianas shall be included in the Judicial 
District of the District Court of the United States for the 
District of Guam.
    (c) Other Enforcement.--The importation of an exotic bird 
is deemed to be transportation of wildlife for purposes of 
section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3372(a)).
    (d) Regulations.--The Secretary shall prescribe regulations 
that are necessary and appropriate to carry out the purposes of 
this title.
    (e) Savings Provisions.--The authority of the Secretary 
under this title is in addition to and shall not affect the 
authority of the Secretary under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or diminish the authority of the 
Secretary under the Lacey Act Amendments of 1981 (16 U.S.C. 
3371 et seq.). Nothing in this title shall be construed as 
repealing, superseding, or modifying any provision of Federal 
law.

SEC. 114.\15\ EXOTIC BIRD CONSERVATION ASSISTANCE.

    (a) Assistance.--The Secretary, subject to the availability 
of appropriations, shall use amounts in the Exotic Bird 
Conservation Fund established by subsection (b) to provide 
financial and technical assistance for projects to conserve 
exotic birds in their native countries. In selecting projects 
for assistance, the Secretary shall give particular attention 
to species that are subject to an import moratorium or quota 
under this title, in order to assist those countries in the 
development and implementation of conservation management 
programs, or law enforcement, or both.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 4913.
---------------------------------------------------------------------------
    (b) Fund.--
          (1) Establishment.--There is established in the 
        Treasury a separate account, which shall be known as 
        the ``Exotic Bird Conservation Fund''.
          (2) Contents.--The Fund shall consist of--
                  (A) all amounts received by the United States 
                in the form of penalties, fines, or forfeiture 
                of property collected under this title in 
                excess of the cost of paying rewards under 
                section 113(c);
                  (B) donations received by the Secretary for 
                exotic bird conservation; and
                  (C) such amounts as are appropriated to the 
                Secretary for conserving exotic birds.
    (c) Review and Report on Other Conservation 
Opportunities.--The Secretary, in consultation with appropriate 
representatives of industry, the conservation community, the 
Secretariat of the Convention, and other national and 
international bodies, shall--
          (1) review opportunities for a voluntary program of 
        labeling exotic birds, certification of exotic bird 
        breeding facilities and retail outlets, and provision 
        of privately organized or funded technical assistance 
        to other nations; and
          (2) report to the Congress the results of this review 
        within 2 years after the date of enactment of this Act.

SEC. 115.\16\ MARKING AND RECORDKEEPING.

    (a) In General.--The Secretary is authorized to promulgate 
regulations to require marking or recordkeeping that the 
Secretary determines will contribute significantly to the 
ability of the Secretary to ensure compliance with the 
prohibitions of section 111, for--
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 4914.
---------------------------------------------------------------------------
          (1) any exotic bird that is imported after the date 
        of enactment of this Act; or
          (2) any other exotic bird that is--
                  (A) hatched after the date of the enactment 
                of this Act;
                  (B) offered for sale; and
                  (C) of a species--
                          (i) the export of which from any 
                        country of origin is prohibited; and
                          (ii) that is subject to a high level 
                        of illegal trade.
    (b) Avoiding Deterrence of Breeding.--The Secretary shall 
seek to ensure that regulations promulgated under this section 
will not have the effect of deterring captive breeding of 
exotic birds.

SEC. 116.\17\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
$5,000,000 for each of the fiscal years 1993, 1994, and 1995 to 
carry out this title, to remain available until expended.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 4915.
---------------------------------------------------------------------------

SEC. 117.\18\ RELATIONSHIP TO STATE LAW.

    Nothing in this title may be construed as precluding the 
regulation under State law of the sale, transfer, or possession 
of exotic birds if such regulation--
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 4916.
---------------------------------------------------------------------------
          (1) does not authorize any sale, transfer, or 
        possession of exotic birds that is prohibited under 
        this title; and
          (2) is consistent with the international obligations 
        of the United States.
          * * * * * * *

                        TITLE III--MISCELLANEOUS

          * * * * * * *

SEC. 302.\19\ REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT. * * 
                    *

      
---------------------------------------------------------------------------
    \19\ Sec. 302 reauthorized the African Elephant Conservation Act 
(16 U.S.C. 4245) through fiscal year 1998.
---------------------------------------------------------------------------
          * * * * * * *
    (10) United States Support for the United Nations Conference on 
                      Environment and Development

  Partial text of Public Law 102-138 [Foreign Relations Authorization 
 Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved 
                            October 28, 1991

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

           TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

          * * * * * * *

SEC. 364. UNITED STATES SUPPORT FOR UNCED.

  (a) Findings.--The Congress finds that--
          (1) the United Nations Conference on Environment and 
        Development (hereinafter in this section referred to as 
        ``UNCED'') is scheduled to meet in June 1992 in Rio de 
        Janiero, Brazil; and
          (2) UNCED affords a major opportunity to shape 
        international environmental policy as an underpinning 
        of sustainable development for well into the next 
        century.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the United States should seek to integrate 
        environmental principles and considerations into all 
        spheres of international economic activity;
          (2) the President should accord the UNCED process 
        high-level attention and priority within the executive 
        branch;
          (3) the United States should exercise a leadership 
        role in preparations for the June 1992 meeting of the 
        UNCED;
          (4) the United States should carefully consider what 
        it hopes to achieve through the UNCED and how United 
        States national security interests may best be advanced 
        in deliberations in that conference;
          (5) the United States should seek ways to forge a 
        global partnership and international cooperation among 
        developing and industrialized nations on behalf of 
        environmentally sound economic development;
          (6) the United States should actively pursue creative 
        approaches to the spectrum of UNCED issues which the 
        conference will address, and in particular seek 
        innovative solutions to the key cross-sectorial issues 
        of technology transfer and financial resources;
          (7) the United States should consider how best to 
        strengthen international legal and institutional 
        mechanisms to effectively address the range of UNCED 
        issues beyond the 1992 Conference and into the next 
        century;
          (8) the United States should promote broad 
        international participation in the UNCED process at all 
        levels, from grass roots to national;
          (9) the Agency for International Development should 
        assume an appropriate role in the preparations for the 
        June 1992 meeting of the UNCED, in view of the mandate 
        and expertise of that agency regarding the twin 
        conference themes of international environment and 
        development; and
          (10) the executive branch should consider funding for 
        appropriate activities related to the UNCED in amounts 
        which are commensurate with United States 
        responsibilities in the world, as such funds can 
        engender good will and further our national interests 
        and objectives in the UNCED process.
          * * * * * * *
  (11) International Cooperation in Global Change Research Act of 1990

Title II of Public Law 101-606 [Global Change Research Act of 1990; S. 
        169], 104 Stat. 3096 at 3102, approved November 16, 1990

AN ACT To require the establishment of a United States Global Research 
    Program aimed at understanding and responding to global change, 
   including the cumulative effects of human activities and natural 
      processes on the environment, to promote discussions toward 
   international protocols in global change research, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

     TITLE II--INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH

SEC. 201.\1\ SHORT TITLE.

    This title may be cited as the ``International Cooperation 
in Global Change Research Act of 1990.
---------------------------------------------------------------------------
    \1\ 15 U.S.C. 2921 note.
---------------------------------------------------------------------------

SEC. 202.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 15 U.S.C. 2951.
---------------------------------------------------------------------------
          (1) Pooling of international resources and scientific 
        capabilities will be essential to a successful global 
        change program.
          (2) While international scientific planning is 
        already underway, there is currently no comprehensive 
        intergovernmental mechanism for planning, coordinating, 
        or implementing research to understand global change 
        and to mitigate possible adverse effects.
          (3) An international global change research program 
        will be important in building future consensus on 
        methods for reducing global environmental degradation.
          (4) The United States, as a world leader in 
        environmental and Earth sciences, should help provide 
        leadership in developing and implementing an 
        international global change research program.
    (b) Purposes.--The purposes of this title are to--
          (1) promote international, intergovernmental 
        cooperation on global change research;
          (2) involve scientists and policymakers from 
        developing nations in such cooperative global change 
        research programs; and
          (3) promote international efforts to provide 
        technical and other assistance to developing nations 
        which will facilitate improvements in their domestic 
        standard of living while minimizing damage to the 
        global or regional environment.

SEC. 203.\3\ INTERNATIONAL DISCUSSIONS.

    (a) Global Change Research.--The President should direct 
the Secretary of State, in cooperation with the Committee,\4\ 
to initiate discussions with other nations leading toward 
international protocols and other agreements to coordinate 
global change research activities. Such discussions should 
include the following issues:
---------------------------------------------------------------------------
    \3\ 15 U.S.C. 2952.
    \4\ The Committee on Earth and Environmental Sciences as 
established by sec. 102 of Public Law 101-606 (104 Stat. 3097).
---------------------------------------------------------------------------
          (1) Allocation of costs in global change research 
        programs, especially with respect to major capital 
        projects.
          (2) Coordination of global change research plans with 
        those developed by international organizations such as 
        the International Council on Scientific Unions, the 
        World Meteorological Organization, and the United 
        Nations Environment Program.
          (3) Establishment of global change research centers 
        and training programs for scientists, especially those 
        from developing nations.
          (4) Development of innovative methods for management 
        of international global change research, including--
                  (A) use of new or existing intergovernmental 
                organizations for the coordination or funding 
                of global change research; and
                  (B) creation of a limited foundation for 
                global change research.
          (5) the prompt establishment of international 
        projects to)
                  (A) create globally accessible formats for 
                data collected by various international 
                sources; and
                  (B) combine and interpret data from various 
                sources to produce information readily usable 
                by policymakers attempting to formulate 
                effective strategies for preventing, 
                mitigating, and adapting to possible adverse 
                effects of global change.
          (6) Establishment of international offices to 
        disseminate information useful in identifying, 
        preventing, mitigating, or adapting to the possible 
        effects of global change.
    (b) Energy Research.--The President should direct the 
Secretary of State (in cooperation with the Secretary of 
Energy, the Secretary of Commerce, the United States Trade 
Representative, and other appropriate members of the Committee) 
to initiate discussions with other nations leading toward an 
international research protocol for cooperation on the 
development of energy technologies which have minimally adverse 
effects on the environment. Such discussions should include, 
but not be limited to, the following issues:
          (1) Creation of an international cooperative program 
        to fund research related to energy efficiency, solar 
        and other renewable energy sources, and passively safe 
        and diversion-resistant nuclear reactors.
          (2) Creation of an international cooperative program 
        to develop low cost energy technologies which are 
        appropriate to the environmental, economic, and social 
        needs of developing nations.
          (3) Exchange of information concerning 
        environmentally safe energy technologies and practices, 
        including those described in paragraphs (1) and (2).

SEC. 204.\5\ GLOBAL CHANGE RESEARCH INFORMATION OFFICE.

    Not more than 180 days after the date of enactment of this 
Act, the President shall, in consultation with the Committee 
and all relevant Federal agencies, establish an Office of 
Global Change Research Information. The purpose of the Office 
shall be to disseminate to foreign governments, businesses, and 
institutions, as well as the citizens of foreign counties, 
scientific research information available in the United States 
which would be useful in preventing, mitigating, or adapting to 
the effects of global change. Such information shall include, 
but not be limited to, results of scientific research and 
development on technologies useful for--
---------------------------------------------------------------------------
    \5\ 15 U.S.C. 2953.
---------------------------------------------------------------------------
          (1) reducing energy consumption through conservation 
        and energy efficiency;
          (2) promoting the use of solar and renewable energy 
        sources which reduce the amount of greenhouse gases 
        released into the atmosphere;
          (3) developing replacements for chlorofluorocarbons, 
        halons, and other ozone-depleting substances which 
        exhibit a significantly reduced potential for depleting 
        stratospheric ozone;
          (4) promoting the conservation of forest resources 
        which help reduce the amount of carbon dioxide in the 
        atmosphere;
          (5) assisting developing countries in ecological pest 
        management practices and in the proper use of 
        agricultural, and industrial chemicals; and
          (6) promoting recycling and source reduction of 
        pollutants in order to reduce the volume of waste which 
        must be disposed of, thus decreasing energy use and 
        greenhouse gas emissions.
          (12) Rio Grande American Canal Extension Act of 1990

 Public Law 101-438 [H.R. 4758], 104 Stat. 1001, approved October 18, 
                                  1990

 AN ACT To provide for the construction, operation, and maintenance of 
         an extension of the American Canal at El Paso, Texas.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Grande American Canal 
Extension Act of 1990''.

SEC. 2. FINDINGS.

    The Congress finds the following:
          (1) The Riverside Dam on the international reach of 
        the Rio Grande River at El Paso, Texas, provides the 
        water used to irrigate nearly 32,000 acres of farmland 
        in the United States.
          (2) In June 1987, the Riverside Dam failed, and the 
        temporary replacement structure now in place cannot be 
        relied upon to guarantee the continued provision of 
        these waters to the United States.
          (3) Building a permanent structure in an 
        international reach of the Rio Grande would require the 
        conditional approval of the Government of Mexico 
        through an action of the International Boundary and 
        Water Commission, United State and Mexico, and Mexico 
        could use such structure to divert waters to its own 
        land.
          (4) The United States constructed the American Dam 
        completely in United States territory to ensure that 
        waters from the American Canal would be completely 
        retained within the United States up to a point below 
        Mexico's diversion at the International Dam.
          (5) Potentially disruptive international issues might 
        arise from the commingling of the waters of the United 
        States and the waters of Mexico in this reach of the 
        Rio Grande, while such issues would not arise if a 
        canal extension were constructed as operated wholly on 
        the American side of the river.
          (6) The construction and operation of any extension 
        of the American Canal which would lie wholly in the 
        United States would provide for a more equitable 
        distribution of waters between the United States and 
        Mexico, reduce water losses, and eliminate many hazards 
        to public safety.

SEC. 3. CONSTRUCTION OF CANAL EXTENSION, OPERATION, MAINTENANCE AND 
                    USE.

    (a) Construction of Extension.--Subject to subsection (e), 
the Secretary shall construct an extension of the American 
Canal, together with pumping plants, wasteways, measuring 
devices, and other facilities needed to connect such extension 
with existing irrigation systems. Such extension shall lie 
wholly in the United States and shall be approximately 13 miles 
in length, beginning at the downstream end of the current 
American Canal in El Paso, Texas, and extending to Riverside 
Heading.
    (b) Operation of Canal.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall operate the extension of the 
        American Canal provided for in subsection (a).
          (2) Delivery of waters.--The Secretary shall enter 
        into an agreement with El Paso County Water Improvement 
        District Number 1 pursuant to which the Water 
        Improvement District would be responsible for the 
        operation of the American Canal with respect to the 
        delivery of all waters, with the exception of those 
        waters belonging to Mexico which, consistent with 
        paragraph (3), the Secretary shall be responsible for 
        delivering.
          (3) United states obligations under 1906 and 1933 
        conventions.--In authorizing the agreement described in 
        paragraph (2), this Act--
                  (A) does not in any way affect the 
                jurisdiction, powers, or prerogatives of the 
                International Boundary and Water Commission, 
                United States and Mexico, and
                  (B) does not in any way impede the ability of 
                the United States Government to fulfill its 
                obligations under the 1906 and 1933 
                Conventions.
    (c) Use of Canal as Conveyance Channel.--
          (1) Use by mexico.--The Secretary may enter into an 
        agreement with Mexico which permits Mexico to use the 
        American Canal as a conveyance channel. Any such 
        agreement shall require Mexico to make payments to the 
        United States for Mexico's use of the American Canal.
          (2) Use by non-federal entities.--Upon obtaining the 
        express approval of the Secretary, El Paso County Water 
        Improvement District Number 1 may enter into agreements 
        with other non-Federal entities pursuant to which such 
        entities may use the American Canal as a conveyance 
        channel.
    (d) Maintenance of Extension.--The Secretary shall maintain 
the extension of the American Canal provided for in subsection 
(a).
    (e) Local Contribution to Costs.--The extension of the 
American Canal provided for in subsection (a) may not be 
constructed unless the Secretary and El Paso County Water 
Improvement District Number 1 have entered into the following 
agreements:
          (1) Construction costs.--An agreement pursuant to 
        which El Paso County Water Improvement District Number 
        1 will pay $5,000,000 as its share of the construction 
        costs for the construction of the extension of the 
        American Canal provided for in subsection (a).
          (2) Maintenance costs.--An agreement pursuant to 
        which El Paso County Water Improvement District Number 
        1 will contribute a cumulative amount of $50,000 each 
        year to the United States Commissioner as its share of 
        the costs for maintenance of the extension of the 
        American Canal provided for in subsection (a). After 
        the 7-year anniversary of the completion of the 
        construction of that extension (and after the end of 
        each 7-year interval since the last such 
        renegotiation), the Secretary and the El Paso County 
        Water Improvement District Number 1 may renegotiate the 
        amount of the contribution of El Paso County Water 
        Improvement District Number 1 pursuant to the agreement 
        required by this paragraph in order to reflect any 
        increase in Bureau of Labor Statistics Consumer Price 
        Index-Urban Wage Earners and Clerical Workers (CPI-W)-
        1982-84-100 Index. In the event the funds contributed 
        by the El Paso County Water Improvement District Number 
        1 pursuant to this paragraph are not utilized during 
        any given year, the funds shall be carried over to the 
        succeeding years in a contingency fund for necessary 
        preventatives and routine maintenance work to be 
        performed by the United States Section, International 
        Boundary and Water Commission.
    (f) Repeal of Previous Construction Authorization.--Title 
IV of the Act entitled ``an Act to authorize various Federal 
reclamation projects and programs, and for other purposes'', 
approved September 28, 1976 (Public Law 94-423; 90 Stat. 1327), 
is repealed.

SEC. 4. STUDY OF SUBSIDENCE DAMAGE.

    The Secretary--
          (1) shall conduct a study to determine the likelihood 
        and extent of any damage to property adjacent to the 
        American Canal which would be caused by subsidence 
        related to the Canal extension provided for in section 
        3(a), and
          (2) shall submit a report to the Congress detailing 
        his findings not later than 1 year after the date of 
        the enactment of this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
          (1) $42,000,000 to construct the extension of the 
        American Canal provided for in section 3(a); and
          (2) such sums as may be necessary to operate and 
        maintain that extension and to conduct the study 
        required by section 4.

SEC. 6. DEFINITIONS.

    As used in this Act--
          (1) the term ``American Canal'' means the Rio Grande 
        American Canal constructed pursuant to the Act of 
        August 29, 1935 (49 Stat. 961);
          (2) the term ``United States Commissioner'' means the 
        United States Commissioner, International boundary and 
        Water Commission, United States and Mexico; and
          (3) the term ``Secretary'' means the Secretary of 
        State, acting through the United States Commissioner.
   (13) International Cooperation to Protect Biological Diversity \1\

 Public Law 100-530 [H.J. Res. 648], 102 Stat. 2651, approved October 
                                25, 1988

 JOINT RESOLUTION To encourage increased international cooperation to 
                     protect biological diversity.

Whereas habitat destruction is a main cause of the accelerating 
    extinction of animal and plant species;
---------------------------------------------------------------------------
    \1\ This Act also appears in the Development Assistance section of 
Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
Whereas increased international cooperation is essential to 
    protect species threatened with extinction and to halt the 
    loss of unique and irreplaceable ecosystems; and
Whereas the United States has strongly supported efforts to 
    convene an international convention for preservation of the 
    Earth's biological diversity: Now therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1.\2\ STATEMENT OF POLICIES.

    The Congress--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151q note.
---------------------------------------------------------------------------
          (1) supports the United States efforts, consistent 
        with section 119(g) of the Foreign Assistance Act of 
        1961, to initiate discussions to develop an 
        international agreement to preserve biological 
        diversity; and
          (2) calls upon the President to continue exerting 
        United States leadership in order to achieve the 
        earliest possible negotiation of an international 
        convention to conserve the Earth's biological 
        diversity, including the protection of a representative 
        system of ecosystems adequate to conserve biological 
        diversity.

SEC. 2.\2\ REPORT.

    Not later than one year after the date of the enactment of 
this joint resolution, the President shall submit a report to 
the Congress on progress toward the goal of negotiating the 
international convention described in paragraph (2) of section 
1.
                 (14) African Elephant Conservation Act

 Partial text of Public Law 100-478 [Endangered Species Act Amendments 
of 1988; H.R. 1467], 102 Stat. 2306 at 2315, approved October 7, 1988; 
as amended by Public Law 102-440 [H.R. 5013], 106 Stat. 2224, approved 
October 23, 1992; Public Law 105-217 [African Elephant Reauthorization 
 Act of 1998; H.R. 39], 112 Stat. 911, approved August 5, 1998; Public 
 Law 107-111 [African Elephant Reauthorization Act of 2001; H.R. 643], 
  115 Stat. 2095, approved January 8, 2002; and by Public Law 107-141 
 [Asian Elephant Conservation Reauthorization Act of 2002; H.R. 700], 
                116 Stat. 13, approved February 12, 2002

AN ACT To authorize appropriations to carry out the Endangered Species 
 Act of 1973 during fiscal years 1988, 1989, 1990, 1991, and 1992, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                TITLE II--AFRICAN ELEPHANT CONSERVATION

SEC. 2001.\1\ SHORT TITLE.

    This title may be cited as the ``African Elephant 
Conservation Act.''
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 4201 note.
---------------------------------------------------------------------------

SEC. 2002.\2\ STATEMENT OF PURPOSE.

    The purpose of this title is to perpetuate healthy 
populations of African elephants.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 4201 note.
---------------------------------------------------------------------------

SEC. 2003.\3\ FINDINGS.

    The Congress finds the following:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 4202.
---------------------------------------------------------------------------
          (1) Elephant populations in Africa have declined at 
        an alarming rate since the mid-1970's.
          (2) The large illegal trade in African elephant ivory 
        is the major cause of this decline, and threatens the 
        continued existence of the African elephant.
          (3) The African elephant is listed as threatened 
        under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) and its continued existence will be 
        further jeopardized if this decline is not reversed.
          (4) Because African elephant ivory is 
        indistinguishable from Asian elephant ivory, there is a 
        need to ensure that the trade in African elephant ivory 
        does not further endanger the Asian elephant, which is 
        listed as endangered under section 4 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533) and under Appendix 
        I of CITES.
          (5) In response to the significant illegal trade in 
        African elephant ivory, the parties to CITES 
        established the CITES Ivory Control System to curtail 
        the illegal trade and to encourage African countries to 
        manage, conserve, and protect their African elephant 
        populations.
          (6) The CITES Ivory Control System entered into force 
        recently and should be allowed to continue in force for 
        a reasonable period of time to assess its effectiveness 
        in curtailing the illegal trade in African elephant 
        ivory.
          (7) Although some African countries have effective 
        African elephant conservation programs, many do not 
        have sufficient resources to properly manage, conserve, 
        and protect their elephant populations.
          (8) The United States, as a party to CITES and a 
        large market for worked ivory, shares responsibility 
        for supporting and implementing measures to stop the 
        illegal trade in African elephant.
          (9) There is no evidence that sport hunting is part 
        of the poaching that contributes to the illegal trade 
        in African elephant ivory, and there is evidence that 
        the proper utilization of well-managed elephant 
        populations provides an important source of funding for 
        African elephant conservation programs.

SEC. 2004.\4\ STATEMENT OF POLICY.

    It is the policy of the United States--
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 4203.
---------------------------------------------------------------------------
          (1) to assist in the conservation and protection of 
        the African elephant by supporting the conservation 
        programs of African countries and the CITES 
        Secretariat; and
          (2) to provide financial resources for those 
        programs.

            Part I--African Elephant Conservation Assistance

SEC. 2101.\5\ PROVISION OF ASSISTANCE.

    (a) In General.--The Secretary may provide financial 
assistance under this part from the \6\ Fund for approved 
projects for research, conservation, management, or protection 
of African elephants.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 4211.
    \6\ Sec. 6(a)(1) of the African Elephant Reauthorization Act of 
2001 (Public Law 107-111; 115 Stat. 2096) struck out ``African Elephant 
Conservation''.
---------------------------------------------------------------------------
    (b) Project Proposal.--Any African government agency 
responsible for African elephant conservation and protection, 
the CITES Secretariat, and any organization or individual with 
experience in African elephant conservation may submit to the 
Secretary a project proposal under this section. Each such 
proposal shall contain--
          (1) the name of the person responsible for conducting 
        the project;
          (2) a succinct statement of the need for and purposes 
        of the project;
          (3) a description of the qualifications of the 
        individuals who will be conducting the project;
          (4) an estimate of the funds and time required to 
        complete the project;
          (5) evidence of support of the project by government 
        entities of countries within which the project will be 
        conducted, if such support may be important for the 
        success of the project; and
          (6) any other information the Secretary considers to 
        be necessary or appropriate for evaluating the 
        eligibility of the project for funding under this 
        title.
    (c) Project Review and Approval.--The Secretary shall 
review each project proposal to determine if it meets the 
criteria set forth in subsection (d) and otherwise merits 
assistance under this title. Not later than six months after 
receiving a project proposal, and subject to the availability 
of funds, the Secretary shall approve or disapprove the 
proposal and provide written notification to the person who 
submitted the proposal and to each country within which the 
project is proposed to be conducted.
    (d) Criteria for Approval.--The Secretary may approve a 
project under this section if the project will enhance programs 
for African elephant research, conservation, management, or 
protection by--
          (1) developing in a usable form sound scientific 
        information on African elephant habitat condition and 
        carrying capacity, total elephant numbers and 
        population trends, or annual reproduction and 
        mortality; or
          (2) assisting efforts--
                  (A) to ensure that any taking of African 
                elephants in the country is effectively 
                controlled and monitored;
                  (B) to implement conservation programs to 
                provide for healthy, sustainable African 
                populations; or
                  (C) to enhance compliance with the CITES 
                Ivory Control System.
    (e) \7\ Project Sustainability.--To the maximum extent 
practical, in determining whether to approve project proposals 
under this section, the Secretary shall give consideration to 
projects that will enhance sustainable conservation programs to 
ensure effective long-term conservation of African elephants.
---------------------------------------------------------------------------
    \7\ Sec. 5 of the African Elephant Reauthorization Act of 2001 
(Public Law 107-111; 115 Stat. 2096) redesignated subsec. (e) as 
subsec. (f) and added a new subsec. (e).
---------------------------------------------------------------------------
    (f) \7\ Project Reporting.--Each entity that receives 
assistance under this section shall provide such periodic 
reports to the Director of the United States Fish and Wildlife 
Service as the Director considers relevant and appropriate. 
Each report shall include all information requested by the 
Director for evaluating the progress and success of the 
project.

SEC. 2102.\8\ ACCEPTANCE AND USE OF DONATIONS

    The Secretary may accept and use donations of funds to 
provide assistance under this part. Amounts received by the 
Secretary in the form of such donations shall be transferred by 
the Secretary to the Secretary of the Treasury for deposit into 
the Fund.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 4212. Sec. 6(a)(2) of the African Elephant 
Reauthorization Act of 2001 (Public Law 107-111; 115 Stat. 2096) struck 
out the catchline sec. 2102 and all that followed through the subsec. 
heading in subsec. (d) and inserted in lieu thereof a new catchline. 
The section previously read as follows:
---------------------------------------------------------------------------

``sec. 2102. african elephant conservation fund.
---------------------------------------------------------------------------

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account to be known as the `African Elephant 
Conservation Fund', which shall consist of amounts deposited into the 
Fund by the Secretary of the Treasury under subsection (b).
    ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
---------------------------------------------------------------------------

  ``(1) subject to appropriations, all amounts received by the Secretary in 
the form of donations under subsection (d); and

  ``(2) other amounts appropriated to the Fund to carry out this part.
---------------------------------------------------------------------------

    ``(c) Use.--
---------------------------------------------------------------------------

  ``(1) In general.--Subject to paragraph (2), amounts in the Fund may be 
used by the Secretary, without further appropriation, to provide assistance 
under this part.

  ``(2) Administration.--Not more than three percent of amounts 
appropriated to the Fund for a fiscal year may be used by the Secretary to 
administer the fund for that fiscal year.
---------------------------------------------------------------------------

    ``(d) Acceptance and Use of Donations.--''.
---------------------------------------------------------------------------

SEC. 2103. ANNUAL REPORTS.

    The Secretary shall submit an annual report to the Congress 
not later than January 31 of each year regarding the Fund and 
the status of the African elephant. Each such report shall 
include with respect to the year for which the report is 
submitted a description of--
          (1) the total amounts deposited into and expended 
        from the Fund;
          (2) the costs associated with the administration of 
        the Fund;
          (3) a summary of the projects for which the Secretary 
        has provided assistance under this part and an 
        evaluation of those projects; and
          (4) an evaluation of African elephant populations and 
        whether the CITES Ivory Control System is functioning 
        effectively to control the illegal trade in African 
        elephant ivory.

SEC. 2104.\9\ ADVISORY GROUP.

    (a) In General.--To assist in carrying out this title,\10\ 
the Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of African elephants.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 4214. Sec. 4 of the African Elephant Reauthorization 
Act of 2001 (Public Law 107-111; 115 Stat. 2096) added sec. 2104.
    \10\ Sec. 5(b)(2)(A) of the Asian Elephant Conservation 
Reauthorization Act of 2002 (Public Law 107-141; 116 Stat. 14) struck 
out ``this Act'' and inserted in lieu thereof ``this title''.
---------------------------------------------------------------------------
    (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
    (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

                 Part II--Moratoria and Prohibited Acts

SEC. 2201.\11\ REVIEW OF AFRICAN ELEPHANT CONSERVATION PROGRAMS.

    (a) In General.--Within one month after the date of the 
enactment of this title, the Secretary shall issue a call for 
information on the African elephant conservation program of 
each ivory producing country by--
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 4221.
---------------------------------------------------------------------------
          (1) publishing a notice in the Federal Register 
        requesting submission of such information to the 
        Secretary by all interested parties; and
          (2) submitting a written request for such information 
        through the Secretary of State to each ivory producing 
        country.
    (b) Review and Determination.--
          (1) In general.--The Secretary shall review the 
        African elephant conservation program of each ivory 
        producing country and, not later than one year after 
        the date of the enactment of this title, shall issue 
        and publish in the Federal Register a determination of 
        whether or not the country meets the following 
        criteria:
                  (A) The country is a party to CITES and 
                adheres to the CITES Ivory Control System.
                  (B) The country's elephant conservation 
                program is based on the best available 
                information, and the country is making 
                expeditious progress in compiling information 
                on the elephant habitat condition and carrying 
                capacity, total population and population 
                trends, and the annual reproduction and 
                mortality of the elephant populations within 
                the country.
                  (C) The taking of elephants in the country is 
                effectively controlled and monitored.
                  (D) The country's ivory quota is determined 
                on the basis of information referred to in 
                subparagraph (B) and reflects the amount of 
                ivory which is confiscated or consumed 
                domestically by the country.
                  (E) The country has not authorized or allowed 
                the export of amounts of raw ivory which exceed 
                its ivory quota under the CITES Ivory Control 
                System.
          (2) Delay in issuing determination.--If the Secretary 
        finds within one year after the date of the enactment 
        of this title that there is insufficient information 
        upon which to make the determination under paragraph 
        (1), the Secretary may delay issuing the determination 
        until no later than December 31, 1989. The Secretary 
        shall issue and publish in the Federal Register at the 
        time of the finding a statement explaining the reasons 
        for any such delay.

SEC. 2202.\12\ MORATORIA.

    (a) Ivory Producing Countries.--
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 4222.
---------------------------------------------------------------------------
          (1) In general.--The Secretary shall establish a 
        moratorium on the importation of raw and worked ivory 
        from an ivory producing country immediately upon making 
        a determination that the country does not meet all the 
        criteria set forth in section 2201(b)(1).
          (2) Later establishment.--With regard to any ivory 
        producing country for which the Secretary has 
        insufficient information to make a determination 
        pursuant to section 2201(b), the Secretary shall 
        establish a moratorium on the importation of raw and 
        worked ivory from such country not later than January 
        1, 1990, unless, based on new information, the 
        Secretary concludes before that date that the country 
        meets all of the criteria set forth in section 
        22019(b)(1).
    (b) Intermediary Countries.--The Secretary shall establish 
a moratorium on the importation of raw and worked ivory from an 
intermediary country immediately upon making a determination 
that the country--
          (1) is not a party to CITES;
          (2) does not adhere to the CITES Ivory Control 
        System;
          (3) imports raw ivory from a country that is not an 
        ivory producing country;
          (4) imports raw or worked ivory from a country that 
        is not a party to CITES;
          (5) imports raw or worked ivory that originates in an 
        ivory producing country in violation of the laws of 
        that ivory producing country;
          (6) substantially increases its imports of raw or 
        worked ivory from a country that is subject to a 
        moratorium under this title during the first three 
        months of that moratorium; or
          (7) imports raw or worked ivory from a country that 
        is subject to a moratorium under this title after the 
        first three months of that moratorium, unless the ivory 
        is imported by vessel during the first six months of 
        that moratorium and is accompanied by shipping 
        documents which show that it was exported before the 
        establishment of the moratorium.
    (c) Suspension of Moratorium.--The Secretary shall suspend 
a moratorium established under this section if, after notice 
and public comment, the Secretary determines that the reasons 
for establishing the moratorium no longer exist.
    (d) Petition.--
          (1) In general.--Any person may at any time submit a 
        petition in writing requesting that the Secretary 
        establish or suspend a moratorium under this section. 
        Such a petition shall include such substantial 
        information as may be necessary to demonstrate the need 
        for the action requested by the petition.
          (2) Consideration and ruling.--The Secretary shall 
        publish a notice of receipt of a petition under this 
        subsection in the Federal Register and shall provide an 
        opportunity for the public to comment on the petition. 
        The Secretary shall rule on such petition not later 
        than 90 days after the close of the public comment 
        period.
    (e) Sport-Hunted Trophies.--Individuals may import sport-
hunted elephant trophies that they have legally taken in an 
ivory producing country that has submitted an ivory quota. The 
Secretary shall not establish any moratorium under this 
section, pursuant to a petition or otherwise, which prohibits 
the importation into the United States of sport-hunted trophies 
from elephants that are legally taken by the importer or the 
importer's principal in an ivory producing country that has 
submitted an ivory quota.
    (f) Confiscated Ivory.--Trade in raw or worked ivory that 
is confiscated by an ivory producing country or an intermediary 
country and is disposed of pursuant to the CITES Ivory Control 
System shall not be the sole cause for the establishment of a 
moratorium under this part if all proceeds from the disposal of 
the confiscated ivory are used solely to enhance wildlife 
conservation programs or conservation purposes of CITES. With 
respect to any country that was not a party to CITES at the 
time of such confiscation, this subsection shall not apply 
until such country develops appropriate measures to assure that 
persons with a history of illegal dealings in ivory shall not 
benefit from the disposal of confiscated ivory.

SEC. 2203.\13\ PROHIBITED ACTS.

    Except as provided in section 2202(e), it is unlawful for 
any person--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 4223.
---------------------------------------------------------------------------
          (1) to import raw ivory from any country than an 
        ivory producing country;
          (2) to export raw ivory from the United States;
          (3) to import raw or worked ivory that was exported 
        from an ivory producing country in violation of that 
        country's laws or of the CITES Ivory Control System;
          (4) to import worked ivory, other than personal 
        effects, from any country unless that country has 
        certified that such ivory was derived from legal 
        sources; or
          (5) to import raw or worked ivory from a country for 
        which a moratorium is in effect under section 2202.

SEC. 2204.\14\ PENALTIES AND ENFORCEMENT.

    (a) Criminal Violations.--Whoever knowingly violates 
section 2203 shall, upon conviction, be fined under title 18, 
United States Code, or imprisoned for not more than one year, 
or both.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 4224.
---------------------------------------------------------------------------
    (b) Civil Violations.--Whoever violates section 2203 may be 
assessed a civil penalty by the Secretary of not more than 
$5,000 for each such violation.
    (c) Procedures for Assessment of Civil Penalty.--
Proceedings for the assessment of a civil penalty under this 
section shall be conducted in accordance with the procedures 
provided for in section 11(a) of the Endangered Species Act of 
1973 (16 U.S.C. 1540(a)).
    (d) Use of Penalties.--Subject to appropriations, penalties 
collected under this section may be used by the Secretary of 
the Treasury to pay rewards under section 2205 and, to the 
extent not used to pay such rewards, shall be deposited by the 
Secretary of the Treasury into the Fund.
    (e) Enforcement.--The Secretary, the Secretary of the 
Treasury, and the Secretary of the department in which the 
Coast Guard is operating shall enforce this part in the same 
manner such Secretaries carry out enforcement activities under 
section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(e)). Section 11(c) of the Endangered Species Act of 1973 
(16 U.S.C. 1540(c)) shall apply to actions arising under this 
part.

SEC. 2205.\15\ REWARDS.

    (a) In General.--Upon the recommendation of the Secretary, 
the Secretary of the Treasury may pay a reward to any person 
who furnishes information which leads to a civil penalty or a 
criminal conviction under this title.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 4225.
---------------------------------------------------------------------------
    (b) Amount.--The amount of a reward under this section 
shall be equal to not more than one-half of any criminal or 
civil penalty or fine with respect to which the reward is paid, 
or $25,000, whichever is less.
    (c) Limitation on Eligibility.--An officer or employee of 
the United States or of any State or local government who 
furnishes information or renders service in the performance of 
his or her official duties shall not be eligible for a reward 
under this section.

                        Part III--Miscellaneous

SEC. 2301.\16\ PERMISSION TO IMPORT OR EXPORT AFRICAN ELEPHANT IVORY.

          * * * * * * *
---------------------------------------------------------------------------
    \16\ Sec. 2301 amended sec. 9(d) of the Endangered Species Act of 
1973 (16 U.S.C. 1538(d)).
---------------------------------------------------------------------------

SEC. 2302.\17\ RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973.

    The authority of the Secretary under this title is in 
addition to and shall not affect the authority of the Secretary 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) or diminish the Secretary's authority under the Lacey Act 
Amendments of 1981 (16 U.S.C. 3371 et seq.).
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 4241.
---------------------------------------------------------------------------

SEC. 2303. CERTIFICATION UNDER PELLY AMENDMENT.

    If the Secretary finds in administering this title that a 
country does not adhere to the CITES Ivory Control System, that 
country is deemed, for purposes of section 8(a)(2) of the Act 
of August 27, 1954 (22 U.S.C. 1978), to be diminishing the 
effectiveness of an international program for endangered or 
threatened species.

SEC. 2304. EFFECTIVENESS OF CITES. [REPEALED--2001] \18\
---------------------------------------------------------------------------

    \18\ Sec. 6(a)(3) of the African Elephant Reauthorization Act of 
2001 (Public Law 107-111; 115 Stat. 2096) repealed sec. 2304. It 
previously read as follows:
    ``Within 3 months after the completion of the 8th Conference of the 
Parties to CITES, the Secretary shall determine whether this title, 
together with the CITES Ivory Control System, has substantially stopped 
the importation of illegally harvested ivory into the United States. If 
the Secretary determines that the importation of illegally harvested 
ivory has not been substantially stopped, the Secretary shall recommend 
to the Congress amendments to this title or other actions that may be 
necessary to achieve the purposes of this title, including the 
establishment of a complete moratorium on the importation of elephant 
ivory into the United States.''.
---------------------------------------------------------------------------

SEC. 2305.\19\ DEFINITIONS.

    In this title--
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 4244.
---------------------------------------------------------------------------
          (1) the term ``African elephant'' means any animal of 
        the species loxodonta africana;
          (2) the term ``CITES'' means the Convention on the 
        International Trade in Endangered Species of Wild Fauna 
        and Flora;
          (3) the term ``CITES Ivory Control System'' means the 
        ivory quota and marking system established by CITES to 
        curtail illegal trade in African elephant ivory;
          (4) the term ``Fund'' means the account established 
        by division A, section 101(e), title I of Public Law 
        105-277 under the heading ``multinational species 
        conservation fund''; \20\
---------------------------------------------------------------------------
    \20\ Sec. 6(a)(4) of the African Elephant Reauthorization Act of 
2001 (Public Law 107-111; 115 Stat. 2096) struck out ``the African 
Elephant Conservation Fund established by section 2102'' and inserted 
in lieu thereof ``the account established by division A, section 
101(e), title I of Public Law 105-277 under the heading `multinational 
species conservation fund' ''.
---------------------------------------------------------------------------
          (5) the terms ``import'' and ``importation'' have the 
        meanings such terms have in the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.);
          (6) the term ``intermediary country'' means a country 
        that exports raw or worked ivory that does not 
        originate in that country;
          (7) the term ``ivory producing country'' means any 
        African country within which is located any part of the 
        range of a population of African elephants;
          (8) the term ``ivory quota'' means a quota submitted 
        by an ivory producing country to the CITES Secretariat 
        in accordance with the CITES Ivory Control System;
          (9) the term ``personal effects'' means articles 
        which are not intended for sale and are part of a 
        shipment of the household effects of a person who is 
        moving his or her residence to or from the United 
        States, or are included in personal accompanying 
        baggage;
          (10) the term ``raw ivory'' means any African 
        elephant tusk, and any piece thereof, the surface of 
        which, polished or unpolished, is unaltered or 
        minimally carved;
          (11) the term ``Secretary'' means the Secretary of 
        the Interior;
          (12) the term ``United States'' means the fifty 
        States, the District of Columbia, Guam, the 
        Commonwealth of the Northern Mariana Islands, the 
        Commonwealth of Puerto Rico, and the territories and 
        possessions of the United States; and
          (13) the term ``worked ivory'' means any African 
        elephant tusk, and any piece thereof, which is not raw 
        ivory.

SEC. 2306.\21\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized \22\ to be 
appropriated to the Fund and to the Secretary a total of not to 
exceed $5,000,000 for each of fiscal years 2001, 2002, 2003, 
2004, 2005, 2006, and 2007 \23\ to carry out this title, to 
remain available until expended.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 4245. The Department of Interior and Related 
Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499), 
provided the following:
    ``For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16 
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public 
Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until 
expended.''.
    \22\ Sec. 3 of the African Elephant Reauthorization Act of 2001 
(Public Law 107-111; 115 Stat. 2095) struck out ``There are 
authorized'' and inserted in lieu thereof ``(a) In General.--There is 
authorized''; and added subsec. (b).
    \23\ Sec. 2 of the African Elephant Reauthorization Act of 2001 
(Public Law 107-111; 115 Stat. 2095) struck out ``1997, 1998, 1999, 
2000, 2001, and 2002'' and inserted in lieu thereof ``2001, 2002, 2003, 
2004, 2005, 2006, and 2007''. Previously, sec. 2 of Public Law 105-217 
(112 Stat. 911) struck out ``fiscal years 1992, 1993, 1994, 1995, 1996, 
1997, and 1998'' and inserted in lieu thereof ``fiscal years 1997, 
1998, 1999, 2000, 2001, and 2002''. Prior to that, sec. 302 of Public 
Law 102-440 (106 Stat. 2234) struck out ``fiscal years 1989, 1990, 
1991, 1992, and 1993'' and inserted in lieu thereof ``fiscal years 
1992, 1993, 1994, 1995, 1996, 1997, and 1998''.
---------------------------------------------------------------------------
    (b) \22\ Administrative Expenses.--Of amounts available 
each fiscal year to carry out this Act, the Secretary may 
expend not more than 3 percent or $80,000, whichever is 
greater, to pay the administrative expenses necessary to carry 
out this Act.
            (15) Rio Grande Pollution Correction Act of 1987

  Public Law 100-465 [H.R. 2046], 102 Stat. 2272, approved October 3, 
                                  1988

AN ACT To authorize the Secretary of State to conclude agreements with 
 the appropriate representative of the Government of Mexico to correct 
                      pollution of the Rio Grande.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Grande Pollution 
Correction Act of 1987''.

SEC. 2.\1\ AGREEMENTS TO CORRECT POLLUTION OF RIO GRANDE.

    (a) In General.--The Secretary of State, acting through the 
United State Commissioner, International Boundary and Water 
Commission, United States and Mexico (hereafter in this Act 
referred to as the ``Commissioner''), is authorized to conclude 
agreements with the appropriate representative of the Ministry 
of Foreign Relations of Mexico for the purpose of correcting 
the international problem of pollution of the Rio Grande caused 
by discharge of raw and inadequately treated sewage and other 
wastes into such river from the border cities including but not 
limited to Ciudad Acuna, Nuevo Laredo, and Reynosa, Mexico, and 
Del Rio, Laredo, and Hidalgo, Texas.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 277g.
---------------------------------------------------------------------------
    (b) Content of Agreements.--Agreements concluded under 
subsection (a) should consist of recommendations to the 
Governments of the United States and Mexico of measures to 
protect the health and welfare of persons along the Rio Grande 
from the effects of pollution, including--
          (1) facilities that should be constructed, operated, 
        and maintained in each country;
          (2) estimates of the cost of plans, construction, 
        operation, and maintenance of the facilities referred 
        to in paragraph (1);
          (3) formulas for the initial division between the 
        United States and Mexico of the cost of plans, 
        constructions, operation, and maintenance of the 
        facilities referred to in paragraph (1);
          (4) a method for review and adjustment of the 
        formulas referred to in paragraph (3) at intervals of 
        five years which recognizes that such initial formulas 
        should not be used as a precedent in their subsequent 
        review and adjustment; and
          (5) dates for the beginning and completion of 
        construction of the facilities referred to in paragraph 
        (1).

SEC. 3.\2\ AUTHORITY OF SECRETARY OF STATE TO PLAN, CONSTRUCT, OPERATE, 
                    AND MAINTAIN FACILITIES.

    The Secretary of State, acting through the Commissioner, is 
authorized to act jointly with the appropriate representative 
of the Government of Mexico and to--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 277g-1.
---------------------------------------------------------------------------
          (1) supervise the planning of, and
          (2) supervise construction, operation, and 
        maintenance of,
the facilities recommended in agreements concluded pursuant to 
section 2 and approved by the Governments of the United States 
and Mexico.

SEC. 4.\3\ CONSULTATION WITH THE ADMINISTRATOR OF ENVIRONMENTAL 
                    PROTECTION AGENCY AND OTHER AUTHORITIES

    The Secretary of State shall consult with the Administrator 
of the Environmental Protection Agency and other concerned 
Federal, State, and local government officials in implementing 
this Act.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 277g-2.
---------------------------------------------------------------------------

SEC. 5.\4\  AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary for the United States to fund its share of the cost 
of the plans, construction, operation, and maintenance of the 
facilities recommended in agreements concluded pursuant to 
section 2 and approved by the Governments of the United States 
and Mexico.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 277g-3.
           (16) Temporary Emergency Wildfire Suppression Act

  Public Law 100-428 [S. 2641], 102 Stat. 1615, approved September 9, 
1988; as amended by Public Law 101-11 [Wildfire Suppression Assistance 
          Act; H.R. 829], 103 Stat. 15, approved April 7, 1989

AN ACT To authorize the Secretary of Agriculture and other agency heads 
to enter into agreements with foreign fire organizations for assistance 
                        in wildfire protection.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Temporary Emergency Wildfire 
Suppression Act''.

SEC. 2.\1\ DEFINITIONS.

    As used in this Act--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 1856m.
---------------------------------------------------------------------------
          (1) the term ``fire organization'' means any 
        governmental, public, or private entity having wildfire 
        protection resources;
          (2) the term ``wildfire protection resources'' means 
        personnel, supplies, equipment, and other resources 
        required for wildfire presuppression and suppression 
        activities; and
          (3) the term ``wildfire'' means any forest or range 
        fire.

SEC. 3.\2\ IMPLEMENTATION.

    (a)(1) The Secretary of Agriculture or the Secretary of the 
Interior, in consultation with the Secretary of State, may 
enter into a reciprocal agreement with any foreign fire 
organization for mutual aid in furnishing wildfire protection 
resources for lands and other properties for which such 
Secretary or organization normally provides wildfire 
protection.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 1856n.
---------------------------------------------------------------------------
    (2) Any agreement entered into under this subsection--
          (A) shall include a waiver by each party to the 
        agreement of all claims against every other party to 
        the agreement for compensation for any loss, damage, 
        personal injury, or death occurring in consequence of 
        the performance of such agreement;
          (B) shall include a provision to allow the 
        termination of such agreement by any party thereto 
        after reasonable notice; and
          (C) may provide for the reimbursement of any party 
        thereto for all or any part of the costs incurred by 
        such party in furnishing wildfire protection resources 
        for, or on behalf of, any other party thereto.
    (b) In the absence of any agreement authorized under 
subsection (a), the Secretary of Agriculture or the Secretary 
of the Interior may--
          (1) furnish emergency wildfire protection resources 
        to any foreign nation when the furnishing of such 
        resources is determined by such Secretary to be in the 
        best interest of the United States, and
          (2) accept emergency wildfire protection resources 
        from any foreign fire organization when the acceptance 
        of such resources is determined by such Secretary to be 
        in the best interest of the United States.
    (c) Notwithstanding the preceding provisions of this 
section, reimbursement may be provided for the costs incurred 
by the Government of Canada or a Canadian organization in 
furnishing wildfire protection resources to the government of 
the United States under--
          (1) the memorandum entitled ``Memorandum of 
        Understanding Between the United States Department of 
        Agriculture and Environment Canada on Cooperation in 
        the Field of Forestry Related Programs'' dated June 25, 
        1982; and
          (2) the arrangement entitled ``Arrangement in the 
        Form of an Exchange of Notes Between the Government of 
        Canada and the Government of the United States of 
        America'' dated May 4, 1982.
    (d) Any service performed by any employee of the United 
States under an agreement or otherwise under this Act shall 
constitute service rendered in the line of duty in such 
employment. The performance of such service by any other 
individual shall not make such individual an employee of the 
United States.

SEC. 4.\3\ FUNDS.

    Funds available to the Secretary of Agriculture or the 
Secretary of the Interior for wildfire protection resources in 
connection with activities under the jurisdiction of such 
Secretary may be used to carry out activities authorized under 
agreements or otherwise under this Act, or for reimbursements 
authorized under section 3(c): Provided, That no such funds may 
be expended for wildfire protection resources or personnel 
provided by a foreign fire organization unless the Secretary 
determines that no wildfire protection resources or personnel 
within the United States are reasonably available to provide 
wildfire protection.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 1856o.
---------------------------------------------------------------------------

SEC. 5.\4\ * * * [REPEALED--1989]

      
---------------------------------------------------------------------------
    \4\ Sec. 2 of Public Law 101-11 (103 Stat. 15) repealed sec. 5, 
which formerly read as follows:
---------------------------------------------------------------------------

``sec. 5. termination date.
---------------------------------------------------------------------------

    ``The authority to enter into agreements under section 3(a), to 
furnish or accept emergency wildfire protection resources under section 
3(b), or to incur obligations for reimbursement under section 3(c), 
shall terminate on December 31, 1988.''.
                 (17) Nuclear Waste Policy Act of 1982

Partial text of Public Law 97-425 [H.R. 3809], 96 Stat. 2201, approved 
                            January 7, 1983

AN ACT To provide for the development of repositories for the disposal 
of high-level radioactive waste and spent nuclear fuel, to establish a 
   program of research, development, and demonstration regarding the 
 disposal of high-level radioactive waste and spent nuclear fuel, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

technical assistance to non-nuclear weapon states in the field of spent 
                       fuel storage and disposal

    Sec. 223.\1\ (a) It shall be the policy of the United 
States to cooperate with and provide technical assistance to 
non-nuclear weapon states in the field of spent fuel storage 
and disposal.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 10203.
---------------------------------------------------------------------------
    (b)(1) Within 90 days of enactment of this Act, the 
Secretary and the Commission shall publish a joint notice in 
the Federal Register stating that the United States is prepared 
to cooperate with and provide technical assistance to non-
nuclear weapon states in the fields of at-reactor spent fuel 
storage; away-from-reactor spent fuel storage; monitored, 
retrievable spent fuel storage; geologic disposal of spent 
fuel; and the health, safety, and environmental regulation of 
such activities. The notice shall summarize the resources that 
can be made available for international cooperation and 
assistance in these fields through existing programs of the 
Department and the Commission, including the availability of: 
(i) data from past or ongoing research and development 
projects; (ii) consultations with expert Department or 
Commission personnel or contractors; and (iii) liaison with 
private business entities and organizations working in these 
fields.
    (2) The joint notice described in the preceding 
subparagraph shall be updated and reissued annually for 5 
succeeding years.
    (c) Following publication of the annual joint notice 
referred to in paragraph (2), the Secretary of State shall 
inform the governments of non-nuclear weapon states and, as 
feasible, the organizations operating nuclear powerplants in 
such states, that the United States is prepared to cooperate 
with and provide technical assistance to non-nuclear weapon 
states in the fields of spent fuel storage and disposal, as set 
forth in the joint notice. The Secretary of State shall also 
solicit expressions of interest from non-nuclear weapon state 
governments and non-nuclear weapon state nuclear power reactor 
operators concerning their participation in expanded United 
States cooperation and technical assistance programs in these 
fields. The Secretary of State shall transmit any such 
expressions of interest to the Department and the Commission.
    (d) With his budget presentation materials for the 
Department and the Commission for fiscal years 1984 through 
1989, the President shall include funding requests for an 
expanded program of cooperation and technical assistance with 
non-nuclear weapon states in the fields of spent fuel storage 
and disposal as appropriate in light of expressions of interest 
in such cooperation and assistance on the part of non-nuclear 
weapon state governments and non-nuclear weapon state power 
reactor operators.
    (e) For the purposes of this subsection,\2\ the term ``non-
nuclear weapon state'' shall have the same meaning as that set 
forth in article IX of the Treaty on the Non-Proliferation of 
Nuclear Weapons (21 U.S.C. 438).\3\
---------------------------------------------------------------------------
    \2\ So in original. Should probably read ``section''.
    \3\ So in original. Should probably read ``21 UST 438''.
---------------------------------------------------------------------------
    (f) Nothing in this subsection shall authorize the 
Department or the Commission to take any action not authorized 
under existing law.
 (18) United Nations Environment Program Participation Act of 1973 \1\

Public Law 93-188 [H.R. 6788], 87 Stat. 713, approved December 15, 1973

AN ACT To provide for participation by the United States in the United 
                      Nations environment program.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``United Nations Environment Program 
Participation Act of 1973''.
---------------------------------------------------------------------------
    \1\ This Act may also be found in Legislation on Foreign Relations 
Through 2005, vol. II-B.
---------------------------------------------------------------------------
    Sec. 2. It is the policy of the United States to 
participate in coordinated international efforts to solve 
environmental problems of global and international concern, and 
in order to assist the implementation of this policy, to 
contribute funds to the United Nations Environmental Fund for 
the support of international measures to protect and improve 
the environment.
    Sec. 3. There is authorized to be appropriated $40,000,000 
for contributions to the United Nations Environment Fund, which 
amount is authorized to remain available until expended, and 
which may be used upon such terms and conditions as the 
President may specify: Provided, That not more than $10,000,000 
may be appropriated for use in fiscal year 1974.
      d. Strategic Environmental Research and Development Program

 Chapter 172, Title 10, United States Code, as added by title XVIII of 
 Public Law 101-510 \1\ [National Defense Authorization Act for Fiscal 
  Year 1991; H.R. 4739], 104 Stat. 1485 at 1750, approved November 5, 
     1990; as amended by Public Law 102-25 [Persian Gulf Conflict 
Supplemental Authorization and Personnel Benefits Act of 1991; S. 725], 
  105 Stat. 75, approved April 6, 1991; Public Law 102-190 [National 
 Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100], 
105 Stat. 1290, approved December 5, 1991; Public Law 102-484 [National 
 Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 
 2315, approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
    approved February 10, 1996; Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
   approved November 18, 1997; Public Law 105-245 [Energy and Water 
Appropriations Act, 1999; H.R. 4060], 112 Stat. 1838, approved October 
  7, 1998; Public Law 106-65 [National Defense Authorization Act for 
  Fiscal Year 200; S. 1059], 113 Stat. 512, approved October 5, 1999; 
Public Law 106-398 [Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30, 
 2000; and Public Law 108-136 [National Defense Authorization Act for 
  Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 24, 
                                  2003

 CHAPTER 172--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM

Sec.
2901. Strategic Environmental Research and Development Program.
2902. Strategic Environmental Research and Development Program 
Council.
2903. Executive Director.
2904. Strategic Environmental Research and Development Program 
Scientific Advi-
      sory Board.

Sec. 2901. Strategic Environmental Research and Development Program

  (a) The Secretary of Defense shall establish a program to be 
known as the ``Strategic Environmental Research and Development 
Program''.
---------------------------------------------------------------------------
    \1\ Secs. 1801 and 1802 of Public Law 101-510 (104 Stat. 1757; 10 
U.S.C. 2904 note) further provided, relating to this chapter:
    ``(b) Initial Appointments of Advisory Board Members.--(1) The 
Secretary of Defense and the Secretary of Energy shall make the 
appointments required by section 2904(a) of title 10, United States 
Code (as added by subsection (a)(1)), not later than 60 days after the 
date of the enactment of this Act.
    ``(2) Up to one-half of the members originally appointed to the 
Strategic Environmental Research and Development Program Scientific 
Advisory Board established under section 2904 of title 10, United 
States Code, as added by subsection (a)(1), may be appointed for terms 
of not more than six and not less than two years in order to provide 
for staggered expiration of the terms of members. The Secretary of 
Defense and the Secretary of Energy, in consultation with the 
Administrator of the Environmental Protection Agency, shall designate 
the members appointed for terms authorized under this paragraph and 
shall specify the terms for which such members are appointed.
    ``(c) First Annual Report of the Strategic Environmental Research 
and Development Program Council.--(1) The first annual report required 
by section 2902(h) of title 10, United States Code, as added by 
subsection (a)(1), shall be submitted to the Secretary of Defense, the 
Secretary of Energy, and the Administrator of the Environmental 
Protection Agency not later than February 1, 1992.
    ``(2) The Strategic Environmental Research and Development Program 
Council shall conduct and include as part of the first annual report 
required pursuant to section 2902(h) of title 10, United States Code, 
as added by subsection (a)(1), an assessment of the advisability of, 
and various alternatives to, charging fees for information released, as 
required pursuant to sections 2901(b)(3), 2902(e)(1) and (2), and 
2902(g)(2)(I) of such title (as so added), to private sector entities 
operating for a profit.
    ``(3) The Secretary of Defense, the Secretary of Energy, and the 
Administrator of the Environmental Protection Agency shall submit to 
the Congress, with the annual report referred to in paragraph (1), any 
recommendations for changes in the structure or personnel of the 
Council that the Secretaries and the Administrator consider necessary 
to carry out the environmental activities of the strategic 
environmental research and development program.
    ``(d) First Annual Report of the Strategic Environmental Research 
and Development Program Scientific Advisory Board.--The first annual 
report of the Strategic Environmental Research and Development Program 
Scientific Advisory Board required by section 2904(h) of title 10, 
United States Code, as added by subsection (a)(1), shall be submitted 
not later than March 15, 1992.
---------------------------------------------------------------------------

``sec. 1802. availability of funds
---------------------------------------------------------------------------

    ``Of the amounts authorized to be appropriated pursuant to section 
201, $200,000,000 shall be available for the Strategic Environmental 
Research and Development Program established under chapter 172 of title 
10, United States Code, as added by section 1001. To the extent 
provided in appropriation Acts, the amount made available by this 
section shall remain available until expended.''.
---------------------------------------------------------------------------
  (b) The purposes of the program are as follows:
          (1) To address environmental matters of concern to 
        the Department of Defense and the Department of Energy 
        through support for basic and applied research and 
        development of technologies that can enhance the 
        capabilities of the departments to meet their 
        environmental obligations.
          (2) To identify research, technologies, and other 
        information developed by the Department of Defense and 
        the Department of Energy for national defense purposes 
        that would be useful to governmental and private 
        organizations involved in the development of energy 
        technologies and of technologies to address 
        environmental restoration, waste minimization, 
        hazardous waste substitution, and other environmental 
        concerns, and to share such research, technologies, and 
        other information with such governmental and private 
        organizations.
          (3) To furnish other governmental organizations and 
        private organizations with data, enhanced data 
        collection capabilities, and enhanced analytical 
        capabilities for use by such organizations in the 
        conduct of environmental research, including research 
        concerning global environmental change.
          (4) To identify technologies developed by the private 
        sector that are useful for Department of Defense and 
        Department of Energy defense activities concerning 
        environmental restoration, hazardous and solid waste 
        minimization and prevention, hazardous material 
        substitution, and provide for the use of such 
        technologies in the conduct of such activities.

Sec. 2902. Strategic Environmental Research and Development Program 
                    Council

  (a) There is a Strategic Environmental Research and 
Development Program Council (hereinafter in this chapter 
referred to as the ``Council'').
  (b) \2\, \5\, \7\ The Council is 
composed of 12 \3\ members as follows:
---------------------------------------------------------------------------
    \2\ Sec. 265(a) of Public Law 103-160 (107 Stat. 1611) struck out 
para. (1), which had assigned to the Council the ``Assistant Secretary 
of Defense responsible for matters relating to production and 
logistics''; redesignated paras. (2) through (4) as paras. (1) through 
(3), respectively; inserted a new para. (4); struck out para. (6), 
which had assigned to the Council the ``Director of the Department of 
Energy Office of Environmental Restoration and Waste Management''; and 
inserted a new para. (6).
    \3\ Sec. 257(a)(1) of Public Law 102-190 (105 Stat. 1331) increased 
membership from nine to thirteen. Sec. 203(a)(1) of Public Law 104-106 
(110 Stat. 217) struck out ``thirteen'' and inserted in lieu thereof 
``12''.
---------------------------------------------------------------------------
          (1) The Deputy Under Secretary of Defense for Science 
        and Technology.\4\
---------------------------------------------------------------------------
    \4\ Sec. 324 of the National Defense Authorization Act for Fiscal 
Year 200 (Public Law 106-65; 113 Stat. 778) struck out ``Director of 
Defense Research and Engineering'' and inserted in lieu thereof 
``Deputy Under Secretary of Defense for Science and Technology''.
---------------------------------------------------------------------------
          (2) The Vice Chairman of the Joint Chiefs of Staff.
          (3) \5\ The Deputy Under Secretary of Defense 
        responsible for environmental security.
---------------------------------------------------------------------------
    \5\ Sec. 203(a)(2) and (3) of Public Law 104-106 (110 Stat. 217) 
struck out para. (3), which named the Assistant Secretary of the Air 
Force responsible for matters relating to space, and renumbered the 
subsequent paras.
---------------------------------------------------------------------------
          (4) The Assistant Secretary of Energy for Defense 
        programs.
          (5) The Assistant Secretary of Energy responsible for 
        environmental restoration and waste management.
          (6) The Director of the Department of Energy Office 
        of Science.\6\
---------------------------------------------------------------------------
    \6\ Sec. 309(b)(2)(B) of the Energy and Water Appropriations Act, 
1999 (Public Law 105-243; 112 Stat. 1853) struck out ``Energy 
Research'' and inserted in lieu thereof ``Science''.
---------------------------------------------------------------------------
          (7) The Administrator of the Environmental Protection 
        Agency.
          (8) \7\ One representative from each of the Army, 
        Navy, Air Force, and Coast Guard.\8\
---------------------------------------------------------------------------
    \7\ Sec. 257(a)(2) and (3) of Public Law 102-190 (105 Stat. 1331) 
redesignated subsequent paras. and inserted a new para. (9), since 
redesignated as ``(8)''.
    \8\ Sec. 203(a)(4) of Public Law 104-106 (110 Stat. 217) struck out 
``, who shall be nonvoting members''. Previously, sec. 1052(38) of 
Public Law 102-484 (106 Stat. 2501) made a technical correction to 
para. (8).
---------------------------------------------------------------------------
          (9) The Executive Director of the Council (appointed 
        pursuant to section 2903 of this title), who shall be a 
        nonvoting member.
  (c) The Secretary of Defense shall designate a member of the 
Council as chairman for each odd numbered fiscal year. The 
Secretary of Energy shall designate a member of the Council as 
chairman for each even-numbered fiscal year.
  (d) The Council shall have the following responsibilities:
          (1) To prescribe policies and procedures to implement 
        the Strategic Environmental Research and Development 
        Program.
          (2) To enter into contracts, grants, and other 
        financial arrangements, in accordance with other 
        applicable law, to carry out the purposes of the 
        Strategic Environmental Research and Development 
        Program.
          (3) \9\ To prepare an annual report that contains the 
        following:
---------------------------------------------------------------------------
    \9\ Sec. 203(b)(1)(A) of Public Law 104-106 (110 Stat. 217) amended 
and restated para. (3).
---------------------------------------------------------------------------
                  (A) A description of activities of the 
                strategic environmental research and 
                development program carried out during the 
                fiscal year before the fiscal year in which the 
                report is prepared.
                  (B) A general outline of the activities 
                planned for the program during the fiscal year 
                in which the report is prepared.
                  (C) A summary of projects continued from the 
                fiscal year before the fiscal year in which the 
                report is prepared and projects expected to be 
                started during the fiscal year in which the 
                report is prepared and during the following 
                fiscal year.
                  (D) \10\ A summary of the actions of the 
                Strategic Environmental Research and 
                Development Program Scientific Advisory Board 
                during the year preceding the year in which the 
                report is submitted and any recommendations, 
                including recommendations on program direction 
                and legislation, that the Advisory Board 
                considers appropriate regarding the program.
---------------------------------------------------------------------------
    \10\ Sec. 313(b) of H.R. 5408, the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, as enacted by Public Law 106-
398 (114 Stat. 1654A-55), added subpara. (D).
---------------------------------------------------------------------------
          (4) To promote the maximum exchange of information, 
        and to minimize duplication, regarding environmentally 
        related research, development, and demonstration 
        activities through close coordination with the military 
        departments and Defense Agencies, the Department of 
        Energy, the Environmental Protection Agency, the 
        National Oceanic and Atmospheric Administration, the 
        National Aeronautics and Space Administration, other 
        departments and agencies of the Federal Government or 
        any State and local governments, including the National 
        Science and Technology Council,\11\ and other 
        organizations engaged in such activities.
---------------------------------------------------------------------------
    \11\ Sec. 203(b)(1)(B) of Public Law 104-106 (110 Stat. 217) struck 
out ``Federal Coordinating Council on Science, Engineering, and 
Technology'' and inserted in lieu thereof ``National Science and 
Technology Council''.
---------------------------------------------------------------------------
          (5) To ensure that research and development 
        activities under the Strategic Environmental Research 
        and Development Program do not duplicate other ongoing 
        activities sponsored by the Department of Defense, the 
        Department of Energy, the Environmental Protection 
        Agency, the National Oceanic and Atmospheric 
        Administration, the National Aeronautics and Space 
        Administration, or any other department or agency of 
        the Federal Government.
          (6) To ensure that the research and development 
        programs identified for support pursuant to policies 
        and procedures prescribed by the council utilize, to 
        the maximum extent possible, the talents, skills, and 
        abilities residing at the Federal laboratories, 
        including the Department of Energy multiprogram and 
        defense laboratories, the Department of Defense 
        laboratories, and Federal contract research centers. To 
        utilize the research capabilities of institutions of 
        higher education and private industry to the extent 
        practicable.
  (e) In carrying out subsection (d)(1), the Council shall 
prescribe policies and procedures that--
          (1) provide for appropriate access by Federal 
        Government personnel, State and local government 
        personnel, college and university personnel, industry 
        personnel, and the general public to data under the 
        control of, or otherwise available to, the Department 
        of Defense that is relevant to environmental matters 
        by--
                  (A) identifying the sources of such data;
                  (B) publicizing the availability and sources 
                of such data by appropriately-targeted 
                dissemination of information to such personnel 
                and the general public, and by other means; and
                  (C) providing for review of classified data 
                relevant to environmental matters with a view 
                to declassifying or preparing unclassified 
                summaries of such data;
          (2) provide governmental and nongovernmental entities 
        with analytic assistance, consistent with national 
        defense missions, including access to military 
        platforms for sensor deployment and access to computer 
        capabilities, in order to facilitate environmental 
        research;
          (3) provide for the identification of energy 
        technologies developed for national defense purposes 
        (including electricity generation systems, energy 
        storage systems, alternative fuels, biomass energy 
        technology, and applied materials technology) that 
        might have environmentally sound, energy efficient 
        applications for other programs of the Department of 
        Defense and the Department of Energy national security 
        programs; \12\
---------------------------------------------------------------------------
    \12\ Sec. 203(c) of Public Law 104-106 (110 Stat. 218) struck out 
``programs, particularly technologies that have the potential for 
industrial, commercial, and other governmental applications, and to 
support programs of research in and development of such applications;'' 
and inserted in lieu thereof ``programs;''.
---------------------------------------------------------------------------
          (4) provide for the identification and support of 
        programs of basic and applied research, development, 
        and demonstration in technologies useful--
                  (A) to facilitate environmental compliance, 
                remediation, and restoration activities of the 
                Department of Defense and at Department of 
                Energy defense facilities;
                  (B) to minimize waste generation, including 
                reduction at the source, by such departments; 
                or
                  (C) to substitute use of nonhazardous, 
                nontoxic, nonpolluting, and other 
                environmentally sound materials and substances 
                for use of hazardous, toxic, and polluting 
                materials and substances by such departments;
          (5) provide for the identification and support of 
        research, development, and application of other 
        technologies developed for national defense purposes 
        which not only are directly useful for programs, 
        projects, and activities of such departments, but also 
        have useful applications for solutions to such national 
        and international environmental problems as climate 
        change and ozone depletion;
          (6) provide for the Secretary of Defense, the 
        Secretary of Energy, and the Administrator of the 
        Environmental Protection Agency, in cooperation with 
        other Federal and State agencies, as appropriate, to 
        conduct joint research, development, and demonstration 
        projects relating to innovative technologies, 
        management practices, and other approaches for purposes 
        of--
                  (A) preventing pollution from all sources;
                  (B) minimizing hazardous and solid waste, 
                including recycling; and
                  (C) treating hazardous and solid waste, 
                including the use of thermal, chemical, and 
                biological treatment technologies;
          (7) encourage transfer of technologies referred to in 
        clauses (2) through (6) to the private sector under the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3701 et seq.) and other applicable laws;
          (8) provide for the identification of, and planning 
        for the demonstration and use of, existing 
        environmentally sound, energy-efficient technologies 
        developed by the private sector that could be used 
        directly by the Department of Defense;
          (9) provide for the identification of military 
        specifications that prevent or limit the use of 
        environmentally beneficial technologies, materials, and 
        substances in the performance of Department of Defense 
        contracts and recommend changes to such specifications; 
        and
          (10) to ensure that the research and development 
        programs identified for support pursuant to the 
        policies and procedures prescribed by the Council are 
        closely coordinated with, and do not duplicate, ongoing 
        activities sponsored by the Department of Defense, the 
        Department of Energy, the Environmental Protection 
        Agency, the National Aeronautics and Space 
        Administration, the National Oceanic and Atmospheric 
        Administration, or other Federal agencies.
  (f) \13\ The Council shall be subject to the authority, 
direction, and control of the Secretary of Defense in 
prescribing policies and procedures under subsection (d)(1).
---------------------------------------------------------------------------
    \13\ Sec. 203(b)(2) of Public Law 104-106 (110 Stat. 217) struck 
out subsecs. (f) and (h), and redesignated subsec. (g) as subsec. (f).
---------------------------------------------------------------------------
    (g) \14\ Not later than February 1 of each year, the 
Council shall submit to the Secretary of Defense the annual 
report prepared pursuant to subsection (d)(3).
---------------------------------------------------------------------------
    \14\ Sec. 203(b)(2)(C) of Public Law 104-106 (110 Stat. 217) added 
a new subsec. (g).
    Subsequently, sec. 1031(a)(52) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1603) struck out the paragraph designation ``(1)'', and struck out 
para. (2), which had read as follows:
    ``(2) Not later than March 15 of each year, the Secretary of 
Defense shall submit such annual report to Congress, along with such 
comments as the Secretary considers appropriate.''.
---------------------------------------------------------------------------

Sec. 2903. Executive Director

  (a) There shall be an Executive Director of the Council 
appointed by the Secretary of Defense after consultation with 
the Secretary of Energy.
  (b) Subject to the authority, direction, and control of the 
Secretary of Defense, the Executive Director is responsible for 
the management of the Strategic Environmental Research and 
Development Program in accordance with the policies established 
by the Council.
  (c) The Executive Director may enter into contracts using 
competitive procedures. The Executive Director may enter into 
\15\ other agreements in accordance with applicable law. In 
either case,\16\ the Executive Director shall first obtain the 
approval of the Council for any contract or agreement in an 
amount equal to or in excess of $500,000 or such lesser amount 
as the Council may prescribe.
---------------------------------------------------------------------------
    \15\ Sec. 203(d)(1) of Public Law 104-106 (110 Stat. 218) struck 
out ``or'' after ``contracts'' and inserted in lieu thereof ``using 
competitive procedures. The Executive Director may enter into''.
    \16\ Sec. 203(d)(2) of Public Law 104-106 (110 Stat. 218) struck 
out ``law, except that'' and inserted in lieu thereof ``law. In either 
case,''.
---------------------------------------------------------------------------
  (d)(1) The Executive Director, with the concurrence of the 
Council, may appoint such professional and clerical staff as 
may be necessary to carry out the responsibilities and policies 
of the Council.
  (2) The Executive Director, with the concurrence of the 
Council and without regard to the provisions of chapter 51 of 
title 5 and subchapter III of chapter 53 of such title, may 
establish the rates of basic pay for professional, scientific, 
and technical employees appointed pursuant to paragraph 
(1).\17\
---------------------------------------------------------------------------
    \17\ Sec. 701(h)(2) of Public Law 102-25 (105 Stat. 115) struck out 
``two years after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1991'', and inserted in lieu thereof 
``on November 5, 1992''. Sec. 265(b) of Public Law 103-160 (107 Stat. 
1611) subsequently struck out ``November 5, 1992'' and inserted in lieu 
thereof ``September 30, 1995''. Sec. 203(e)(1) of Public Law 104-106 
(110 Stat. 218) struck out ``The authority provided in the preceding 
sentence shall expire on September 30, 1995.'' effective September 29, 
1995, pursuant to sec. 203(e)(2) of that Act.
---------------------------------------------------------------------------

Sec. 2904. Strategic Environmental Research and Development Program 
                    Scientific Advisory Board

  (a) The Secretary of Defense and the Secretary of Energy, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall jointly appoint a Strategic 
Environmental Research and Development Program Scientific 
Advisory Board (hereafter in this section referred to as the 
``Advisory Board'') consisting of not less than six and not 
more than 14 \18\ members.
---------------------------------------------------------------------------
    \18\ Sec. 257(b)(1) of Public Law 102-190 (105 Stat. 1331) 
increased membership from 13.
---------------------------------------------------------------------------
  (b)(1) \19\ The following persons shall be permanent members 
of the Advisory Board:
---------------------------------------------------------------------------
    \19\ Sec. 257(b)(2) of Public Law 102-190 (105 Stat. 1331) amended 
and restated para. (1).
---------------------------------------------------------------------------
          (A) the Science Advisor to the President, or his 
        designee.
          (B) The Administrator of the National Oceanic and 
        Atmospheric Administration, or his designee.
  (2) Other members of the Advisory Board shall be appointed 
from among persons eminent in the fields of basic sciences, 
engineering, ocean and environmental sciences, education, 
research management, international and security affairs, health 
physics, health sciences, or social sciences, with due regard 
given to the equitable representation of scientists and 
engineers who are women or who represent minority groups. At 
least one member of the Advisory Board shall be a 
representative of environmental public interest groups and one 
member shall be a representative of the interests of State 
governments.
  (3) The Secretary of Defense and the Secretary of Energy, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall request--
          (A) that the head of the National Academy of 
        Sciences, in consultation with the head of the National 
        Academy of Engineering and the head of the Institutes 
        of Medicine of the National Academy of Sciences, 
        nominate persons for appointment to the Advisory Board;
          (B) that the Council on Environmental Quality 
        nominate for appointment to the Advisory Board at least 
        one person who is a representative of environmental 
        public interest groups; and
          (C) that the National Association of Governors 
        nominate for appointment to the Advisory Board at least 
        one person who is representative of the interests of 
        State governments.
  (4) Members of the Advisory Board shall be appointed for 
terms of not less than two years and not more than four 
years.\20\
---------------------------------------------------------------------------
    \20\ Sec. 341 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1686) struck out ``three'' and 
inserted in lieu thereof ``not less than two years and not more than 
four''.
---------------------------------------------------------------------------
  (c) A member of the Advisory Board who is not otherwise 
employed by the Federal Government shall not be considered to 
be a Federal employee, except for the purposes of chapter 81 of 
title 5 (relating to compensation for work-related injuries) 
and chapter 171 of title 28 (relating to tort claims).
  (d) The Advisory Board shall prescribe procedures for 
carrying out its responsibilities. Such procedures shall define 
a quorum as a majority of the members, provide for annual 
election of the Chairman by the members of the Advisory Board, 
and require at least four meetings of the Advisory Board each 
year.
  (e) The Council shall refer to the Advisory Board, and the 
Advisory Board shall review, each proposed research project 
including its estimated cost, for research in and development 
of technologies related to environmental activities in excess 
of $1,000,000. The Advisory Board shall make any 
recommendations to the Council that the Advisory Board 
considers appropriate regarding such project or proposal.
  (f) The Advisory Board may make recommendations to the 
Council regarding technologies, research, projects, programs, 
activities, and, if appropriate, funding within the scope of 
the Strategic Environmental Research and Development Program.
  (g) The Advisory Board shall assist and advise the Council in 
identifying the environmental data and analytical assistance 
activities that should be covered by the policies and 
procedures prescribed pursuant to section 2902(d)(1) of this 
title.
  (h) Not later than March 15 of each year, the Advisory Board 
shall submit to the Congress an annual report setting forth its 
actions during the year preceding the year in which the report 
is submitted and any recommendations, including recommendations 
on projects, programs, and information exchange and 
recommendations for legislation, that the Advisory Board 
considers appropriate regarding the Strategic Environmental 
Research and Development Program.
  (i) Each member of the Advisory Board shall be required to 
file a financial disclosure report under title I of the Ethics 
in Government Act of 1978 (5 U.S.C. App.).
  e. Environmental Policy and International Financial Institutions \1\

            (1) Bretton Woods Agreements Act, as amended \2\

 Partial text of Public Law 79-171 [H.R. 3314], 59 Stat. 512, approved 
                       July 31, 1945, as amended

  AN ACT To provide for the participation of the United States in the 
      International Monetary Fund and the International Bank for 
                    Reconstruction and Development.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also various Foreign Operations, Export Financing, and 
Related Programs Appropriations Acts, beginning at page xxx.
    \2\ For full text of this Act, see Legislation on Foreign Relations 
Through 2005, vol. III.
---------------------------------------------------------------------------

                              short title

    Section 1. This Act may be cited as the ``Bretton Woods 
Agreements Act.''
          * * * * * * *

SEC. 55.\3\ DISCUSSIONS TO ENHANCE THE CAPACITY OF THE FUND TO 
                    ALLEVIATE THE POTENTIALLY ADVERSE IMPACTS OF FUND 
                    PROGRAMS ON THE POOR AND THE ENVIRONMENT.

    The Secretary of the Treasury shall instruct the United 
States Executive Director of the Fund to seek policy changes by 
the Fund, through formal initiatives and through bilateral 
discussions, which will result in--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 286kk. Sec. 302 of the International Development and 
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec. 55.
---------------------------------------------------------------------------
          (1) the initiation of a systematic review of policy 
        prescriptions implemented by the Fund, for the purpose 
        of determining whether the Fund's objectives were met 
        and the social and environmental impacts of such policy 
        prescriptions; and
          (2) the establishment of procedures which ensure the 
        inclusion, in future economic reform programs approved 
        by the Fund, of policy options which eliminate or 
        reduce the potential adverse impact on the well-being 
        of the poor or the environment resulting from such 
        programs.
          * * * * * * *

SEC. 59.\4\ FUND POLICY CHANGES.

    (a) Policy Changes Within the IMF.--The Secretary of the 
Treasury shall instruct the United States Executive Director of 
the Fund to promote regularly and vigorously in program 
discussions and quota increase negotiations the following 
proposals:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 286ll. Sec. 1002 of the FREEDOM Support Act (Public 
Law 102-511; 106 Stat. 3357) added sec. 59.
---------------------------------------------------------------------------
          (1) Poverty alleviation, reduction of barriers to 
        economic and social progress, and progress toward 
        environmentally sound policies and programs.--(A)(i) 
        Considerations of poverty alleviation and the reduction 
        of barriers to economic and social progress should be 
        incorporated into all Fund programs and all 
        consultations under article IV of the Articles of 
        Agreement of the Fund.
          (ii) Preparation of Policy Framework Papers should be 
        extended to all nations which have Fund programs and 
        active Bank or International Development Association 
        lending programs, and existence of a Policy Framework 
        Paper should be a precondition for new lending to such 
        nations by the Fund.
          (iii) All Policy Framework Papers should articulate 
        the principal poverty, economic, and social measures 
        that the borrowing nation needs to address, and this 
        portion of the Policy Framework Paper (or a summary 
        thereof that includes specific measures and timing) 
        should be made available when the Policy Framework 
        Paper is submitted to the Executive Directors of the 
        Bank and of the Fund for consideration.
          (iv) In considering whether to allocate resources of 
        the Fund to a borrower, the Fund should take into 
        consideration the nature of the program and commitment 
        of the borrower to address the issues referred to in 
        clause (iii).
          (v) The Fund should establish procedures to enable 
        the Fund to cooperate with the Bank in evaluating the 
        effectiveness of the measures referred to in clause 
        (iii), at the levels of policy, project design, 
        monitoring, and reporting, in the international 
        financial institutions and in the borrowing nations.
          (B)(i) The Fund should be encouraged to make further 
        progress toward environmentally sound policies and 
        programs.
          (ii) The Fund should incorporate environmental 
        considerations into all Fund programs, including 
        consultations under article IV of the Articles of 
        Agreement of the Fund.
          (iii) The Fund should be encouraged to support the 
        efforts of nations to implement systems of natural 
        resource accounting in their national income accounts.
          (iv) The Fund should be encouraged to assist and 
        cooperate fully with the statistical research being 
        undertaken by the Organization for Economic Cooperation 
        and Development and by the United Nations in order to 
        facilitate development and adoption of a generally 
        applicable system for taking account of the depletion 
        or degradation of natural resources in national income 
        accounts.
          (v) The Fund should be encouraged to consider and 
        implement, as appropriate, revisions in its national 
        income reporting systems consistent with such new 
        systems as are of general applicability.
          (2) Policy audits.--(A) The Fund should conduct 
        periodic audits to review systematically the policy 
        prescriptions recommended and required by the Fund in 
        the areas of poverty and the environment.
          (B) The purposes of such audits would be--
                  (i) to determine whether the Fund's 
                objectives were met; and
                  (ii) to evaluate the social and environmental 
                impacts of the implementation of the policy 
                prescriptions.
          (C) Such audits would have access to all ongoing 
        programs and activities of the Fund and the ability to 
        review the effects of Fund-supported programs, on a 
        country-by-country basis, with respect to poverty, 
        economic development, and environment.
          (D) Such audits should be made public as appropriate 
        with due respect to confidentiality.
          (3) Ensuring policy options that increase the 
        productive participation of the poor.--The Fund should 
        establish procedures that ensure the focus of future 
        economic reform programs approved by the Fund on policy 
        options that increase the productive participation of 
        the poor in the economy.
          (4) Public access to information.--(A) The Fund 
        should establish procedures for public access to 
        information.
          (B) Such procedures shall seek to ensure access of 
        the public to information while paying due regard to 
        appropriate confidentiality.
          (C) Policy Framework Papers and the supporting 
        documents prepared by the Fund's mission to a country 
        are examples of documents that should be made public at 
        an appropriate time and in appropriate ways.
    (b) Progress Report.--Each annual report of the National 
Advisory Council on International Monetary and Financial 
Policies shall describe the following:
          (1) The actions that the United States Executive 
        Director and other officials have taken to convince the 
        Fund to adopt the proposals set forth in subsection (a) 
        through formal initiatives before the Board and 
        management of the Fund, through bilateral discussions 
        with other member nations, and through any further 
        quota increase negotiations.
          (2) The status of the progress being made by the Fund 
        in implementing the proposals set forth in subsection 
        (a).
    (c) Study.--The Secretary of the Treasury shall instruct 
the United States Executive Director to the Fund to urge the 
Fund--
          (1) to explore ways to increase the involvement and 
        participation of important ministries, national 
        development experts, environmental experts, free-market 
        experts, and other legitimate experts and 
        representatives from the loan-recipient country in the 
        development of Fund programs; and
          (2) to report on the status of Fund efforts in this 
        regard.
          * * * * * * *
            (2) International Financial Institutions Act \1\

Partial text of Public Law 95-118 [H.R. 5262], 91 Stat. 1067, approved 
                      October 3, 1977, as amended

 AN ACT To provide for increased participation by the United States in 
    the International Bank for Reconstruction and Development, the 
   International Development Association, the International Finance 
Corporation, the Asian Development Bank and the Asian Development Fund, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ This Act also may be found in Legislation on Foreign Relations 
Through 2005, vol. III.
---------------------------------------------------------------------------

                              short title

    Section 1.\2\ This Act may be cited as the International 
Financial Institutions Act.
---------------------------------------------------------------------------
    \2\ Sec. 1361(a) of Public Law 97-35 (95 Stat. 745) added sec. 1.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE XIII--THE ENVIRONMENT \3\

    Sec. 1301.\4\ The Congress finds that--
---------------------------------------------------------------------------
    \3\ Sec. 701 of H.R. 3750, as introduced by the House Committee on 
Banking, Finance and Urban Affairs, on December 11, 1987, and enacted 
into law by title I of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1988 (sec. 101(e) of the 
Continuing Appropriations Act, 1988; Public Law 100-202; 101 Stat. 1329 
at 1329-134), added titles XIII through XVI.
    \4\ 22 U.S.C. 262m.
---------------------------------------------------------------------------
          (1) United States assistance to the multilateral 
        development banks should promote sustainable use of 
        natural resources and the protection of the 
        environment, public health, and the status of 
        indigenous peoples in developing countries;
          (2) multilateral development bank projects, policies, 
        and loans have failed in some cases to provide adequate 
        safeguards for the environment, public health, natural 
        resources, and indigenous peoples;
          (3) many development efforts of the multilateral 
        development banks are more enduring and less costly if 
        based on consultations with directly affected 
        population groups and communities;
          (4) developing country governments sometimes do not 
        ensure that appropriate policies and procedures are in 
        place to use natural resources sustainably or consult 
        with affected population groups and communities, where 
        costs could be reduced or benefits made more enduring; 
        and
          (5) in general, the multilateral development banks do 
        not yet provide systematic and adequate assistance to 
        their borrowers to encourage sustainable resource use 
        and consultation with affected communities, where costs 
        could be reduced or benefits made more enduring.
    Sec. 1302.\5\ The Secretary of the Treasury and the 
Secretary of State, in cooperation with the Administrator of 
the Agency for International Development, shall vigorously 
promote mechanisms to strengthen the environmental performance 
of these banks. These mechanisms shall include strengthening 
organizational, administrative, and procedural arrangements 
within the banks which will substantially improve management of 
assistance programs necessary to ensure the sustainable use of 
natural resources and the protection of indigenous peoples.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 262m-1.
---------------------------------------------------------------------------
    Sec. 1303.\6\ (a)(1) In the course of reviewing assistance 
proposals of the multilateral development banks, the 
Administrator of the Agency for International Development, in 
consultation with the Secretary of the Treasury and the 
Secretary of State, shall ensure that other agencies and 
appropriate United States embassies and overseas missions of 
the Agency for International Development are instructed to 
analyze, where feasible, the environmental impacts of 
multilateral development loans well in advance of such loans' 
approval by the relevant institutions to determine whether the 
proposals will contribute to the sustainable development of the 
borrowing country.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 262m-2.
---------------------------------------------------------------------------
    (2) To the extent possible, such reviews shall address the 
economic viability of the project, adverse impacts on the 
environment, natural resources, public health, and indigenous 
peoples, and recommendations as to measures, including 
alternatives, that could eliminate or mitigate adverse impacts.
    (3) If there is reason to believe that any such loan is 
particularly likely to have substantial adverse impacts, the 
Administrator of the Agency for International Development, in 
consultation with the Secretary of the Treasury and the 
Secretary of State, shall ensure that an affirmative 
investigation of such impacts is undertaken in consultation 
with relevant Federal agencies. If not classified under the 
national security system of classification, the information 
collected pursuant to this paragraph shall be made available to 
the public.
    (b)(1) \7\ The Secretary of the Treasury shall instruct the 
Executive Directors representing the United States at the 
multilateral development banks as defined in section 1307(g) 
\7\ to urge the management and other directors of each such 
bank, to provide sufficient time between the circulation of 
assistance proposals and bank action on those proposals, in 
order to permit their evaluation by major shareholder 
governments.
---------------------------------------------------------------------------
    \7\ Sec. 593(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of the 
Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat. 
3037), inserted paragraph designation ``(1)'', struck out 
``International Bank for Reconstruction and Development, the Inter-
American Development Bank, the Asian Development Bank, and the African 
Development Bank'', and inserted in lieu thereof ``multilateral 
development banks as defined in section 1307(g)'', and added paras. (2) 
and (3).
---------------------------------------------------------------------------
    (2) \7\ The Secretary of the Treasury shall instruct such 
Executive Directors to work with other countries' Executive 
Directors and multilateral development bank management to--
          (A) improve the procedures of each multilateral 
        development bank for providing its board of directors 
        with a complete and accurate record regarding public 
        consultation before they vote on proposed projects with 
        significant environmental implications; and
          (B) revise bank procedures to consistently require 
        public consultation on operational policy proposals or 
        revisions that have significant environmental or social 
        implications.
    (3) \7\ Progress under this subsection shall be 
incorporated into Treasury's required annual report to Congress 
on the environmental performance of the multilateral 
development banks.
    (c) Based on the information obtained during the evaluation 
referred to in subsection (a) and other available information, 
the Administrator of the Agency for International Development, 
in consultation with the Secretary of the Treasury and the 
Secretary of State, shall identify those assistance proposals 
likely to have adverse impacts on the environment, natural 
resources, public health, or indigenous peoples. The proposals 
so identified shall be transmitted to the Committee on 
Appropriations and the Committee on Banking, Finance and Urban 
Affairs \8\ of the House of Representatives and the Committee 
on Appropriations and the Committee on Foreign Relations of the 
Senate, not later than June 30 and December 31 of each year 
following the date of enactment of this title.
---------------------------------------------------------------------------
    \8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Subsequently, H. Res. 5, 107th Congress, passed on 
January 3, 2001, abolished the House Committee on Banking, Finance, and 
Urban Affairs, and replaced it with the House Committee on Financial 
Services.
---------------------------------------------------------------------------
    (d) The Secretary of the Treasury shall forward reports 
concerning information received under subsection (a) to the 
Executive Director representing the United States in the 
appropriate bank with instructions to seek to eliminate or 
mitigate adverse impacts which may result from the proposal.
    Sec. 1304.\9\ The Secretary of the Treasury, in 
consultation with the Secretary of State and the Administrator 
of the Agency for International Development, shall create a 
system for cooperative exchange of information with other 
interested member countries on assistance proposals of the 
multilateral development banks.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 262m-3.
---------------------------------------------------------------------------
    Sec. 1305.\10\ The Secretary of the Treasury shall instruct 
the United States Executive Directors of the multilateral 
development banks to support the strengthening of educational 
programs within each multilateral development bank to improve 
the capacity of mid-level managers to initiate and manage 
environmental aspects of development activities, and to train 
officials of borrowing countries in the conduct of 
environmental analyses.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 262m-4.
---------------------------------------------------------------------------
    Sec. 1306.\11\ (a) The Secretary of the Treasury shall 
instruct the United States Executive Director of each 
multilateral development bank to vigorously and continuously 
urge that each bank identify and develop methods and procedures 
to insure that in addition to economic and technical 
considerations, unquantified environmental values be given 
appropriate consideration in decisionmaking, and include in the 
documents circulated to the Board of Executive Directors 
concerning each assistance proposal a detailed statement, to 
include assessment of the benefits and costs of environmental 
impacts and possible mitigating measures, on the environmental 
impact of the proposed action, any adverse environmental 
effects which cannot be avoided if the proposal is implemented, 
and alternatives to the proposed action.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 262m-5.
---------------------------------------------------------------------------
    (b) The Secretary of the Treasury shall instruct the United 
States Executive Director of each multilateral development bank 
to vigorously and continuously promote--
          (1) increases in the proportion of loans supporting 
        environmentally beneficial policies, projects, and 
        project components;
          (2) the establishment of environmental programs in 
        appropriate policy-based loans for the purpose of 
        improving natural resource management, environmental 
        quality, and protection of biological diversity;
          (3) increases in the proportion of staff with 
        professional training and experience in ecology and 
        related areas and in the areas of anthropological and 
        sociological impact analysis to ensure systematic 
        appraisal and monitoring of environmental and 
        sociocultural impacts of projects and policies;
          (4) active and systematic encouragement of 
        participation by borrowing countries nongovernmental 
        environmental, community and indigenous peoples' 
        organizations at all stages of preparations for country 
        lending strategies, policy based loans, and loans that 
        may have adverse environmental or sociocultural 
        impacts; and
          (5) full availability to concerned or affected non-
        governmental and community organization, early in the 
        preparation phase and at all subsequent stages of 
        planning of full documentary information concerning 
        details of design and potential environmental and 
        sociocultural impacts of proposed loans.

SEC. 1307.\12\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED 
                    MULTILATERAL DEVELOPMENT BANK ACTIONS.
---------------------------------------------------------------------------

    \12\ 22 U.S.C. 262m-7. Added by sec. 521 of the International 
Development and Finance Act of 1989 (Public Law 101-240; 103 Stat. 
2511), as sec. 1308. The same Act repealed the standing sec. 1307 and 
redesignated this sec. as sec. 1307. The repealed sec. 1307 had 
required an annual report be submitted by Secretary of the Treasury, 
with consultation from others in the Administration, to several 
committees on progress being made to implement the objectives of title 
XIII.
---------------------------------------------------------------------------
    (a) \13\ Assessment Required Before Favorable Vote on 
Proposal.--The Secretary of the Treasury shall instruct the 
United States Executive Director of each multilateral 
development bank not to vote in favor of any proposal 
(including but not limited to any loan, credit, grant, 
guarantee) which would result or be likely to result in 
significant impact on the environment, unless the Secretary, 
after consultation with the Secretary of State and the 
Administrators of the United States Agency for International 
Development and the Environmental Protection Agency, determines 
that for at least 120 days before the date of the vote--
---------------------------------------------------------------------------
    \13\ Sec. 593(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of the 
Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat. 
3037), amended and restated subsec. (a), which previously read as 
follows:
    ``(a) Assessment Required Before Favorable Vote on Action.--
---------------------------------------------------------------------------

  ``(1) In general.--Beginning 2 years after the date of the enactment of 
this section, the Secretary of the Treasury shall instruct the United 
States Executive Director of each multilateral development bank not to vote 
in favor of any action proposed to be taken by the respective bank which 
would have a significant effect on the human environment, unless for at 
least 120 days before the date of the vote--

  ``(A) an assessment analyzing the environmental impacts of the proposed 
action and of alternatives to the proposed action has been completed by the 
borrowing country or the institution, and been made available to the board 
of directors of the institution; and

  ``(B) except as provided in paragraph (2), such assessment or a 
comprehensive summary of such assessment has been made available to the 
multilateral development bank, affected groups, and local nongovernmental 
organizations.

  ``(2) Exceptions and reports.--

  ``(A) Exceptions.--The requirement of paragraph (1)(B) shall not apply 
where the Secretary finds compelling reasons to believe that disclosure in 
any case described in paragraph (1) would jeopardize the confidential 
relationship between the borrower country and the respective bank.

  ``(B) Reports by secretary.--The Secretary shall submit a quarterly 
report in writing to the Committees specified in subsection (f)(1) of the 
findings described in subparagraph (A).''.
---------------------------------------------------------------------------

    Previously, sec. 560(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998 (Public Law 
105-118; 111 Stat. 2426), amended and restated subsec. (a).
    Sec. 560(c) of Public Law 105-118 further provided that:
    ``(c) The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruction 
and Development and the International Development Association to use 
the voice and vote of the United States to strongly encourage their 
respective institutions to--
---------------------------------------------------------------------------

  ``(1) provide timely public information on procurement opportunities 
available to United States suppliers, with a special emphasis on small 
business; and

  ``(2) systematically consult with local communities on the potential 
impact of loans as part of the normal lending process, and expand the 
participation of affected peoples and nongovernmental organizations in 
decisions on the selection, design and implementation of policies and 
projects.''.

          (1) an assessment analyzing the environmental impacts 
        of the proposed action, including associated and 
        cumulative impacts, and of alternatives to the proposed 
        action, has been completed by the borrower or the bank 
        and has been made available to the board of directors 
        of the bank; and
          (2) such assessment or a comprehensive summary of the 
        assessment (with proprietary information redacted) has 
        been made available to affected groups, and local 
        nongovernmental organizations and notice of its 
        availability in the country and at the bank has been 
        posted on the bank's website.
  (b) Access to Assessments in All Member Countries.--The 
Secretary of the Treasury shall seek the adoption of policies 
and procedures, through discussions and negotiations with the 
other member countries of the multilateral development banks 
and with the management of such banks, which result in access 
by governmental agencies and interested members of the public 
of such member countries, to environmental assessments or 
documentary information containing comprehensive summaries of 
such assessments which discuss the environmental impact of 
prospective projects and programs being considered by such 
banks. Such assessments or summaries should be made available 
to such governmental agencies and interested members of the 
public at least 120 days before scheduled board action, and 
public participation in review of the relevant environmental 
information should be encouraged.
  (c) Consideration of Assessment.--The Secretary of the 
Treasury shall--
          (1) ensure that an environmental impact assessment or 
        comprehensive summary of such assessment described in 
        subsection (a) accompanies loan proposals through the 
        agency review process; and
          (2) take into consideration recommendations from all 
        other interested Federal agencies and interested 
        members of the public.
  (d) Development of Procedures for Systematic Environmental 
Assessment.--The Secretary of the Treasury, in consultation 
with other Federal agencies, including the Environmental 
Protection Agency, the Department of State, and the Council on 
Environmental Quality, shall--
          (1) instruct the United States Executive Director of 
        each multilateral development bank to initiate 
        discussions with the other executive directors of the 
        respective bank and to propose that the respective bank 
        develop and make available to member governments of, 
        and borrowers from, the respective bank, within 18 
        months after the date of the enactment of this section, 
        a procedure for the systematic environmental assessment 
        of development projects for which the respective bank 
        provides financial assistance, taking into 
        consideration the Guidelines and Principles for 
        Environmental Impact Assessment promulgated by the 
        United Nations Environmental Programme and other 
        bilateral or multilateral assessment procedures; and
          (2) in determining the position of the United States 
        on any action proposed to be taken by a multilateral 
        development bank, develop and prescribe procedures for 
        the consideration of, among other things--
                  (A) the environmental impact assessment of 
                the action described in subsection (a);
                  (B) interagency and public review of such 
                assessment; and
                  (C) other environmental review and 
                consultation of such action that is required by 
                other law.
  (e) Use of United States Personnel.--The Secretary of the 
Treasury, in consultation with the Secretary of State, the 
Secretary of the Interior, the Administrator of the 
Environmental Protection Agency, the Chairman of the Council on 
Environmental Quality, the Administrator of the Agency for 
International Development, and the Administrator of the 
National Oceanic and Atmospheric Administration, shall--
          (1) make available to the multilateral development 
        banks, without charge, appropriate United States 
        Government personnel to assist in--
                  (A) training bank staff in environmental 
                impact assessment procedures;
                  (B) providing advice on environmental issues;
                  (C) preparing environmental studies for 
                projects with potentially significant 
                environmental impacts; and
                  (D) preparing documents for public release, 
                and developing procedures to provide for the 
                inclusion of interested nongovernmental 
                organizations in the environmental review 
                process; and
          (2) encourage other member countries of such banks to 
        provide similar assistance.
  (f) Reports.--
          (1) In general.--The Secretary of the Treasury shall 
        submit to the Committees on Foreign Relations and 
        Environment and Public Works of the Senate and the 
        Committee on Banking, Finance and Urban Affairs \8\ of 
        the House of Representatives--
                  (A) not later than the end of the 1-year 
                period beginning on the date of the enactment 
                of this section, a progress report on the 
                efficacy of efforts by the United States to 
                encourage consistent and timely environmental 
                impact assessment of actions proposed to be 
                taken by the multilateral development banks and 
                on the progress made by the multilateral 
                development banks in developing and instituting 
                environmental assessment policies and 
                procedures; and
                  (B) not later than January 1, 1993, a 
                detailed report on the matters described in 
                subparagraph (A).
          (2) Availability of reports.--The reports required by 
        paragraph (1) shall be made available to the member 
        governments of, and the borrowers from, the 
        multilateral development banks, and to the public.''.
  (g) \14\ Multilateral Development Bank Defined.--In this 
title, the term ``multilateral development bank'' means the 
International Bank for Reconstruction and Development, the 
European Bank for Reconstruction and Development, the 
International Development Association, the International 
Finance Corporation, the Multilateral Investment Guarantee 
Agency, the African Development Bank, the African Development 
Fund, the Asian Development Bank, the Inter-American 
Development Bank, the Inter-American Investment Corporation, 
any other institution (other than the International Monetary 
Fund) specified in section 1701(c)(2), and any subsidiary of 
any such institution.
---------------------------------------------------------------------------
    \14\ Sec. 593(a)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005 (division D of the 
Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat. 
3037), amended and restated subsec. (g). Sec. 560(b) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1998 (Public Law 105-118; 111 Stat. 2426), added the original subsec. 
(g).
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE XV--OTHER POLICIES \3\

    Sec. 1501. (a) In any negotiations concerning replenishment 
or an increase in capital for any multilateral development 
bank, the Secretary of the Treasury shall propose, as a 
principal point for negotiations, the following institutional 
reforms:
          (1) The establishment of a unified program within 
        each multilateral development bank to assess the extent 
        to which bank lending benefits the least advantaged 
        members of society, particularly women and the poor, 
        and to increase the extent to which such members 
        benefit from future bank lending.
          (2) The establishment of an office or other 
        administrative procedures within each multilateral 
        development bank to--
                  (A) provide in-country liaison services for 
                nongovernmental organizations operating at the 
                community level;
                  (B) monitor the impact of project and 
                nonproject lending on local populations; and
                  (C) ensure compliance with loan 
                conditionalities, especially loan 
                conditionalities relating to the protection of 
                the quality of life of the poor and the rights 
                of aboriginal minorities.
          (3) A major increase in the number of members of the 
        professional staff of each regional multilateral 
        development bank with training in environmental or 
        social impact analysis or natural science, including--
                  (A) recruitment of additional permanent 
                professional staff; and
                  (B) training programs for existing staff 
                members in these subject areas.
          (4) With respect to the International Bank for 
        Reconstruction and Development, the establishment of a 
        program for policy-based lending to promote the 
        sustainable use of renewable resources and the 
        protection of the environment in borrowing countries.
          (5) An increase in the length of any review period 
        established by any multilateral development bank for 
        board review of staff recommendations by such time as 
        would be sufficient to allow the governments of member 
        countries to review and comment on the staff 
        recommendations before any action is taken by the board 
        of directors of such bank on the recommendations.
    (b) The Secretary of the Treasury shall instruct the United 
States Executive Director of each multilateral development bank 
to request the management of such bank to prepare an annual 
report which identifies and describes the most exemplary 
lending practices or loan components implemented during the 
preceding year with respect to each of the following lending 
policy goals for each major borrowing country or country group:
          (1) Benefit to the poor.
          (2) Involvement of nongovernmental organizations and 
        local and indigenous populations in loan design, 
        implementation, planning, and monitoring.
          (3) Integration of, consideration of, and concern for 
        environmental quality and the sustainable use of 
        natural resources into loan design, implementation, 
        planning, and monitoring.
          (4) Recognition of and support for the economic and 
        social development of women.
          * * * * * * *

                      TITLE XVI--HUMAN WELFARE \3\

          * * * * * * *

SEC. 1608.\15\ INITIATION OF DISCUSSIONS TO FACILITATE DEBT-FOR-
                    DEVELOPMENT SWAPS FOR HUMAN WELFARE AND 
                    ENVIRONMENTAL CONSERVATION.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 262p-4c. Sec. 8 of H.R. 4645 as enacted into law by 
sec. 555 of Public Law 100-461 (102 Stat. 2268) added sec. 1608.
---------------------------------------------------------------------------
          (1) voluntary debt-for-development swaps in heavily 
        indebted developing nations can simultaneously 
        facilitate reduction of the burden of external 
        indebtedness and increase the resources available 
        within the country for charitable, educational, and 
        scientific purposes, including environmental 
        conservation, educational, and scientific purposes, 
        including environmental conservation, education, human 
        welfare, health, agricultural research and development, 
        microenterprise credit, and development of indigenous 
        nonprofit organizations; and
          (2) heavily indebted developing countries may desire 
        to facilitate such swaps to the maximum extent 
        consistent with sound domestic economic management and 
        minimization of inflationary impact.
    (b) Initiation of Discussions to Facilitate Debt-For-
Development Swaps for Human Welfare and Environmental 
Conservation.--
          (1) In General.--The Secretary of the Treasury shall 
        instruct the United States Executive Director of the 
        International Bank for Reconstruction and Development 
        to initiate discussions with the directors of such 
        bank, the International Development Association, and 
        the International Finance Corporation and propose that 
        such institutions provide advice and assistance, as 
        appropriate, to borrowing country governments desiring 
        to facilitate debt-for-development swaps, on mechanisms 
        (including trust funds) to accomplish this purpose, 
        particularly in the context of debt rescheduling, which 
        mechanisms result in sound management of the 
        macroeconomic impact of such swaps on such countries, 
        and preserve the value of the capital obtained through 
        such swaps.
          (2) Definitions.--As used in this section:
                  (A) Debt-for-development swap.--The term 
                ``debt-for-development swap'' means the 
                purchase of qualified debt by, or the donation 
                of such debt to, an organization described in 
                section 501(c)(3) of the Internal Revenue Code 
                of 1986 which is exempt from taxation under 
                section 501(a) of such Code, and the subsequent 
                transfer of such debt to an organization 
                located in such foreign country in exchange for 
                an undertaking by such tax-exempt organization, 
                such foreign government, or such foreign 
                organization to engage in a charitable, 
                educational, or scientific activity.
                  (B) Qualified debt.--The term ``qualified 
                debt'' means--
                          (i) sovereign debt issued by a 
                        foreign government;
                          (ii) debt owed by private 
                        institutions in the country governed by 
                        such foreign government; and
                          (iii) debt owed by institutions in 
                        the country governed by such foreign 
                        government, which are owned, in part, 
                        by private persons and, in part, by 
                        public institutions.
          * * * * * * *

SEC. 1614.\16\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE 
                    EXCHANGES.

    (a) Directions to the United States Executive Directors.--
The Secretary of the Treasury shall direct the United States 
Executive Directors of the multilateral development banks to--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 262p-4i. Sec. 512 of the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added new 
secs. 1614 through 1616.
---------------------------------------------------------------------------
          (1) negotiate for the creation in each respective 
        multilateral development bank, except where the 
        Secretary of the Treasury determines that the 
        provisions of this subsection have previously been met, 
        of a department that will--
                  (A) be responsible for environmental 
                protection and resource conservation, including 
                support for restoration, protection, and 
                sustainable use policies;
                  (B) develop and monitor strict environmental 
                guidelines and policies to govern lending 
                activities; and
                  (C) actively promote, coordinate and 
                facilitate debt-for-nature exchanges and the 
                restoration, protection, and sustainable use of 
                tropical forests, renewable natural resources, 
                endangered ecosystems and species in debtor 
                countries;
          (2) support and encourage the approval of 
        multilateral development bank loans which include 
        provisions that foster and facilitate the 
        implementation of a sound and effective environmental 
        policy in the borrowing country;
          (3) encourage the banks to assist such countries in 
        reducing and restructuring private debt through the use 
        of a portion of a project or policy based environmental 
        loan in ways which will enable such countries to buy 
        back private debt at a rate of discount available for 
        such debt, at auction in the secondary market or 
        through negotiations with creditors holding such debt;
          (4) seek to ensure that staff of each bank facilitate 
        debtor countries' collaboration with local and 
        international non-governmental or private organizations 
        in implementing debt-for-nature exchanges; and
          (5) seek to ensure that each bank adopts policy 
        guidelines which to the maximum extent possible provide 
        for--
                  (A) the inclusion of sustainable use policies 
                in loan agreements negotiated with borrower 
                members;
                  (B) the adoption of economic programs to 
                foster sound environmental policies; and
                  (C) the provision of debtor countries' policy 
                changes or significant increases in financial 
                resources for use in at least 1 of the 
                following--
                          (i) restoration, protection, or 
                        sustainable use of the world's oceans 
                        and atmosphere;
                          (ii) restoration, protection, or 
                        sustainable use of diverse animal and 
                        plant species;
                          (iii) establishment, restoration, 
                        protection, and maintenance of parks 
                        and reserves;
                          (iv) development and implementation 
                        of sound systems of natural resource 
                        management;
                          (v) development and support of local 
                        conservation programs;
                          (vi) training programs to strengthen 
                        conservation institutions and increase 
                        scientific, technical, and managerial 
                        capabilities of individuals and 
                        organizations involved in conservation 
                        efforts;
                          (vii) efforts to generate knowledge, 
                        increase understanding, and enhance 
                        public commitment to conservation;
                          (viii) design and implementation of 
                        sound programs of land and ecosystem 
                        management; and
                          (ix) promotion of regenerative 
                        approaches in farming, forestry, and 
                        watershed management.
  (b) Negotiation of Guidelines for Restoration, Protection, or 
Sustainable Use Policies.--The United States Executive 
Directors of the multilateral development banks shall seek to 
negotiate with the other executive directors to provide 
guidelines for restoration, protection, or sustainable use 
policies. Pending the outcome of such negotiations, the United 
States Executive Directors shall consider restoration, 
protection, or sustainable use policies to be those which--
          (1) support development that maintains and restores 
        the renewable natural resource base so that present and 
        future needs of debtor countries' populations can be 
        met, while not impairing critical ecosystems and not 
        exacerbating global environmental problems;
          (2) are environmentally sustainable in that resources 
        are conserved and managed in an effort to remove 
        pressure on the natural resource base and to make 
        judicious use of the land so as to sustain growth and 
        the availability of all natural resources;
          (3) support development that does not exceed the 
        limits imposed by local hydrological cycles, soil, 
        climate, vegetation, and human cultural practices;
          (4) promote the maintenance and restoration of soils, 
        vegetation, hydrological cycles, wildlife, critical 
        ecosystems (tropical forests, wetlands, and coastal 
        marine resources), biological diversity and other 
        natural resources essential to economic growth and 
        human well-being and shall, when using natural 
        resources, be implemented to minimize the depletion of 
        such natural resources; and
          (5) take steps, wherever feasible, to prevent 
        pollution that threatens human health and important 
        biotic systems and to achieve patterns of energy 
        consumption that meet human needs and relies on 
        renewable resources.
  (c) Inclusion of Certain Items in Guidelines.--The United 
States Executive Directors shall endeavor to include the 
provisions of paragraphs (1) through (5) of subsection (b) in 
the guidelines developed through the negotiations specified in 
this section.

SEC. 1615.\17\ PROMOTION OF LENDING FOR THE ENVIRONMENT.

    The Secretary of the Treasury shall instruct the United 
States Executive Director of the International Bank for 
Reconstruction and Development to initiate discussions with the 
other executive directors of such bank and the management of 
such bank and propose that, in order to reduce the future need 
for bank lending for reforestation and restoration of 
environmentally degraded areas, the bank establish a project 
and policy based environmental lending program (including a 
loan a portion of which could be used to reduce and restructure 
private debt), to be made available to interested countries 
with a demonstrated commitment to natural resource 
conservation, which would be based on--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 262p-4j. Sec. 512 of the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added sec. 
1615.
---------------------------------------------------------------------------
          (1) the estimated long-term economic return which 
        could be expected from the sustainable use and 
        protection of tropical forests, including the value of 
        tropical forests for indigenous people and for science;
          (2) the value derived from such services as--
                  (A) watershed management;
                  (B) soil erosion control;
                  (C) the maintenance and improvement of--
                          (i) fisheries;
                          (ii) water supply regulation for 
                        industrial development;
                          (iii) food;
                          (iv) fuel;
                          (v) fodder; and
                          (vi) building materials for local 
                        communities;
                  (D) the extraction of naturally occurring 
                products from locally controlled protected 
                areas; and
                  (E) indigenous knowledge of the management 
                and use of natural resources; and
          (3) the long-term benefits expected to be derived 
        from maintaining biological diversity and climate 
        stabilization.

SEC. 1616.\18\ PROMOTION OF INSTITUTION-BUILDING FOR NONGOVERNMENTAL 
                    ORGANIZATIONS CONCERNED WITH THE ENVIRONMENT.

    The Secretary of the Treasury shall instruct the United 
States Executive Directors of the multilateral development 
banks to vigorously promote the adoption of policies and 
procedures which seek to--
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 262p-4k. Sec. 512 of the International Development 
and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2510) added sec. 
1616.
---------------------------------------------------------------------------
          (1) increase collaboration with, and, where 
        necessary, strengthen, nongovernmental organizations in 
        such countries which are concerned with environmental 
        protection by providing appropriate assistance and 
        support for programs and activities on environmental 
        protection; and
          (2) encourage international collaboration for 
        information exchange and project enhancement with 
        nongovernmental organizations in developing countries 
        which are concerned with environmental protection and 
        government agencies and private voluntary organizations 
        in developed countries which are concerned with 
        environmental protection.
          * * * * * * *

          TITLE XVII--CONSOLIDATED REPORTING REQUIREMENTS \19\

          * * * * * * *

SEC. 1703.\20\ COMBINED REPORT ON EFFECT OF PENDING MULTILATERAL 
                    DEVELOPMENT BANK LOANS ON ENVIRONMENT, NATURAL 
                    RESOURCES, PUBLIC HEALTH, AND INDIGENOUS PEOPLES.

    Not later than April 1 and October 1 of each year, the 
Administrator of the Agency for International Development, in 
consultation with the Secretary of the Treasury and the 
Secretary of State, shall submit to the Committee on 
Appropriations and the Committee on Banking, Finance and Urban 
Affairs \8\ of the House of Representatives, and the Committee 
on Appropriations and the Committee on Foreign Relations of the 
Senate, as a combined report, the reports required by section 
1303(c) of this Act and by section 537(h)(2) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 1(e) of Public Law 100-202).\21\
---------------------------------------------------------------------------
    \19\ Sec. 541(a) of the International Development and Finance Act 
of 1989 (Public Law 101-240; 103 Stat. 2514 et seq.) added title XVII.
    \20\ 22 U.S.C. 262r-2.
    \21\ Sec. 537(h) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1988 (Public Law 100-202; 101 
Stat. 1329-161), provided the following:
    ``(h) The Administrator of the Agency for International 
Development, in consultation with the Secretaries of Treasury and 
State, shall continue, and work to enhance, the operation of the `early 
warning system', by--
---------------------------------------------------------------------------

  ``(1) instructing overseas missions of the Agency for International 
Development and embassies of the United States to analyze the impacts of 
Multilateral Development Bank loans well in advance of a loan's approval. 
Such reviews shall address the economic viability of the project; adverse 
impacts on the environment, natural resources, public health, and 
indigenous peoples; and recommendations as to measures, including 
alternatives, that could eliminate or mitigate adverse impacts. If not 
classified under the national security system of classification, such 
information shall be made available to the public;

  ``(2) compiling a list of proposed Multilateral Development Bank loans 
likely to have adverse impacts on the environment, natural resources, 
public health, or indigenous peoples. The list shall contain the 
information identified in paragraph (1), shall be updated in consultation 
with interested members of the public, and shall be made available to the 
Committees on Appropriations by April 1, 1988 and semiannually thereafter; 
and

  ``(3) creating a cooperative mechanism for sharing information collected 
through the `early warning system' with interested donor and borrowing 
nations and encouraging the Multilateral Development Banks to institute a 
similar system.''.

          * * * * * * *
       (3) International Development and Finance Act of 1989 \1\

    Partial text of Public Law 101-240 [H.R. 2494], 103 Stat. 2492, 
                 approved December 19, 1989, as amended

 AN ACT To reauthorize the Export-Import Bank tied aid credit fund and 
pilot interest subsidy program, to provide for the participation of the 
United States in a replenishment of the Inter-American Development Bank 
and in the Enhanced Structural Adjustment Facility of the International 
Monetary Fund, to improve the safety and soundness of the United States 
 banking system and encourage the reduction of the debt burdens of the 
 highly indebted countries, to encourage the multilateral development 
 banks to engage in environmentally sustainable lending practices and 
 give greater priority to poverty alleviation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ This Act may also be found in Legislation on Foreign Relations 
Through 2005, vol. III.
---------------------------------------------------------------------------

SECTION 1.\2\ SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the 
``International Development and Finance Act of 1989''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          * * * * * * *

  TITLE V--ALLEVIATION OF POVERTY; ENVIRONMENTAL PROVISIONS; DEBT-FOR-
       DEVELOPMENT SWAPS; CONSOLIDATION OF REPORTING REQUIREMENTS

          * * * * * * *

      Subtitle B--International Debt Exchanges and the Environment

SEC. 511. SENSE OF THE CONGRESS RESOLUTION REGARDING ENVIRONMENTAL 
                    POLICY AND INTERNATIONAL DEBT EXCHANGES.

  It is the sense of the Congress that--
          (1) the Secretary of the Treasury should include 
        support for sustainable development and conservation 
        projects when providing a framework for negotiating or 
        facilitating exchanges or reductions of commercial debt 
        of foreign countries; and
          (2) that in assisting or facilitating the reduction 
        of debt of heavily indebted foreign countries, through 
        multilateral institutions such as the International 
        Monetary Fund or the International Bank for 
        Reconstruction and Development, the Secretary of State 
        and the Secretary of the Treasury should--
                  (A) support efforts to provide adequate 
                resources for sustainable development and 
                conservation projects as a component of the 
                restructured commercial bank debt of that 
                country; and
                  (B) in providing such support, seek to assure 
                that--
                          (i) the host government, or a local 
                        nongovernmental organization acting 
                        with the support of the host 
                        government, has identified conservation 
                        or sustainable development projects it 
                        will target for assistance;
                          (ii) there will be in place an 
                        organization, either governmental or 
                        nongovernmental, that will have the 
                        commitment to assure the long-term 
                        viability of the project; and
                          (iii) the allocation of the resources 
                        provided for conservation and 
                        sustainable development projects 
                        through the debt restructuring 
                        agreement is done in a manner that will 
                        not overwhelm or distort economic 
                        conditions in the host country.

SEC. 512.\3\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE 
                    EXCHANGES. * * *
---------------------------------------------------------------------------

    \3\ Sec. 512 redesignated sec. 1614 of the International Financial 
Institutions Act (as earlier redesignated by sec. 501 of this Act), as 
sec. 1617, and inserted new secs. 1614 through 1616.
---------------------------------------------------------------------------

              Subtitle C--Environmental Impact Assessments

SEC. 521.\4\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED 
                    MULTILATERAL DEVELOPMENT BANK ACTIONS. * * *
---------------------------------------------------------------------------

    \4\ Sec. 521 amended title XIII of the International Financial 
Institutions Act by adding a new sec. 1308 (22 U.S.C. 262m-7), 
redesignated as sec. 1307.
---------------------------------------------------------------------------
          * * * * * * *

                        TITLE VII--MISCELLANEOUS

SEC. 701.\5\ SHORT TITLE.

  This title may be cited as the ``Global Environmental 
Protection Assistance Act of 1989''.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

              PART A--COMMERCIAL DEBT-FOR-NATURE EXCHANGES

SEC. 711.\6\ AMENDMENT TO THE FOREIGN ASSISTANCE ACT. * * *
---------------------------------------------------------------------------

    \6\ Sec. 711 added a new chapter 7 to part I of the Foreign 
Assistance Act of 1961, titled ``Debt-for-Nature Exchanges''.
---------------------------------------------------------------------------

          PART B--MULTILATERAL FOREIGN ASSISTANCE COORDINATION

SEC. 721. GENERAL POLICY.

  It is the sense of the Congress that the Secretary of State 
should seek to develop an increased consideration of global 
warming, tropical deforestation, sustainable development, and 
biological diversity among the highest goals of bilateral 
foreign assistance programs of all countries.

SEC. 722. POLICY ON NEGOTIATIONS.

  (a) In General.--The Secretary of State, acting through the 
United States representative to the Development Assistance 
Committee of the Organization for Economic Coordination and 
Development (OECD), should initiate, at the earliest 
practicable date, negotiations among member countries on a 
coordinated approach to global warming, tropical deforestation, 
sustainable development, and biological diversity through 
bilateral assistance programs that would include--
          (1) increased consideration of the impact of 
        developmental projects on global warming, tropical 
        deforestation, and biological diversity;
          (2) reduction or elimination of funding for those 
        projects that exacerbate those problems;
          (3) coordinated research and development of projects 
        that emphasize sustainable use or protection of 
        tropical forests and support for local conservation 
        efforts;
          (4) expanded use of forgiveness of foreign assistance 
        debt in exchange for policy changes or programs that 
        address problems associated with global warming, 
        tropical deforestation, sustainable development, and 
        biological diversity;
          (5) increased use of foreign assistance funds and 
        technical assistance in support of local conservation, 
        restoration, or sustainable development efforts and 
        debt-for-nature exchanges;
          (6) improved exchange of information on energy 
        efficiency and solar and renewable energy sources, and 
        a greater emphasis on the use of those sources of 
        energy in developmental projects; and
          (7) increased use of environmental experts in the 
        field to assess development projects for their impact 
        on global warming, tropical deforestation, and 
        biological diversity.
  (b) Implementation of Agreement.--Negotiations described in 
subsection (a) shall seek to ensure that the recommended 
changes are implemented as quickly as possible by member 
countries of the Development Assistance Committee.

       PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES \7\

SEC. 731.\8\ DEFINITIONS.

    In this part:
---------------------------------------------------------------------------
    \7\ Sec. 1611 of the Energy Policy Act of 2005 (Public Law 109-58; 
119 Stat. 1113) added part C.
    \8\ 22 U.S.C. 7901. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 731.
---------------------------------------------------------------------------
          (1) Carbon sequestration.--The term ``carbon 
        sequestration'' means the capture of carbon dioxide 
        through terrestrial, geological, biological, or other 
        means, which prevents the release of carbon dioxide 
        into the atmosphere.
          (2) Greenhouse gas.--The term ``greenhouse gas'' 
        means carbon dioxide, methane, nitrous oxide, 
        hydrofluorocarbons, perfluorocarbons, and sulfur 
        hexafluoride.
          (3) Greenhouse gas intensity.--The term ``greenhouse 
        gas intensity' means the ratio of greenhouse gas 
        emissions to economic output.

SEC. 732.\9\ REDUCTION OF GREENHOUSE GAS INTENSITY.

    (a) Lead Agency.--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 7902. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 732.
---------------------------------------------------------------------------
          (1) In general.--The Department of State shall act as 
        the lead agency for integrating into United States 
        foreign policy the goal of reducing greenhouse gas 
        intensity in developing countries.
          (2) Reports.--
                  (A) Initial report.--Not later than 180 days 
                after the date of enactment of this part, the 
                Secretary of State shall submit to the 
                appropriate authorizing and appropriating 
                committees of Congress an initial report, based 
                on the most recent information available to the 
                Secretary from reliable public sources, that 
                identifies the 25 developing countries that are 
                the largest greenhouse gas emitters, including 
                for each country--
                          (i) an estimate of the quantity and 
                        types of energy used;
                          (ii) an estimate of the greenhouse 
                        gas intensity of the energy, 
                        manufacturing, agricultural, and 
                        transportation sectors;
                          (iii) a description the progress of 
                        any significant projects undertaken to 
                        reduce greenhouse gas intensity;
                          (iv) a description of the potential 
                        for undertaking projects to reduce 
                        greenhouse gas intensity;
                          (v) a description of any obstacles to 
                        the reduction of greenhouse gas 
                        intensity; and
                          (vi) a description of the best 
                        practices learned by the Agency for 
                        International Development from 
                        conducting previous pilot and 
                        demonstration projects to reduce 
                        greenhouse gas intensity.
                  (B) Update.--Not later than 18 months after 
                the date on which the initial report is 
                submitted under subparagraph (A), the Secretary 
                shall submit to the appropriate authorizing and 
                appropriating committees of Congress, based on 
                the best information available to the 
                Secretary, an update of the information 
                provided in the initial report.
                  (C) Use.--
                          (i) Initial report.--The Secretary of 
                        State shall use the initial report 
                        submitted under subparagraph (A) to 
                        establish baselines for the developing 
                        countries identified in the report with 
                        respect to the information provided 
                        under clauses (i) and (ii) of that 
                        subparagraph.
                          (ii) Annual reports.--The Secretary 
                        of State shall use the annual reports 
                        prepared under subparagraph (B) and any 
                        other information available to the 
                        Secretary to track the progress of the 
                        developing countries with respect to 
                        reducing greenhouse gas intensity.
    (b) Projects.--The Secretary of State, in coordination with 
Administrator of the United States Agency for International 
Development, shall (directly or through agreements with the 
World Bank, the International Monetary Fund, the Overseas 
Private Investment Corporation, and other development 
institutions) provide assistance to developing countries 
specifically for projects to reduce greenhouse gas intensity, 
including projects to--
          (1) leverage, through bilateral agreements, funds for 
        reduction of greenhouse gas intensity;
          (2) increase private investment in projects and 
        activities to reduce greenhouse gas intensity; and
          (3) expedite the deployment of technology to reduce 
        greenhouse gas intensity.
    (c) Focus.--In providing assistance under subsection (b), 
the Secretary of State shall focus on--
          (1) promoting the rule of law, property rights, 
        contract protection, and economic freedom; and
          (2) increasing capacity, infrastructure, and 
        training.
    (d) Priority.--In providing assistance under subsection 
(b), the Secretary of State shall give priority to projects in 
the 25 developing countries identified in the report submitted 
under subsection (a)(2)(A).

SEC. 733.\10\ TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.

    (a) In General.--The Secretary of Energy, in coordination 
with the Secretary of State and the Secretary of Commerce, 
shall conduct an inventory of greenhouse gas intensity reducing 
technologies that are developed, or under development in the 
United States, to identify technologies that are suitable for 
transfer to, deployment in, and commercialization in the 
developing countries identified in the report submitted under 
section 732(a)(2)(A).
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 7903. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 733.
---------------------------------------------------------------------------
    (b) Report.--Not later than 180 days after the completion 
of the inventory under subsection (a), the Secretary of State 
and the Secretary of Energy shall jointly submit to Congress a 
report that--
          (1) includes the results of the completed inventory;
          (2) identifies obstacles to the transfer, deployment, 
        and commercialization of the inventoried technologies;
          (3) includes results from previous Federal reports 
        related to the inventoried technologies; and
          (4) includes an analysis of market forces related to 
        the inventoried technologies.

SEC. 734.\11\ TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS 
                    INTENSITY REDUCING TECHNOLOGIES.

    (a) In General.--Not later than 1 year after the date of 
enactment of this part, the United States Trade Representative 
shall (as appropriate and consistent with applicable bilateral, 
regional, and mutual trade agreements)--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 7904. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 734.
---------------------------------------------------------------------------
          (1) identify trade-relations barriers maintained by 
        foreign countries to the export of greenhouse gas 
        intensity reducing technologies and practices from the 
        United States to the developing countries identified in 
        the report submitted under section 732(a)(2)(A); and
          (2) negotiate with foreign countries for the removal 
        of those barriers.
    (b) Annual Report.--Not later than 1 year after the date on 
which a report is submitted under subsection (a)(1) and 
annually thereafter, the United States Trade Representative 
shall submit to Congress a report that describes any progress 
made with respect to removing the barriers identified by the 
United States Trade Representative under subsection (a)(1).

SEC. 735.\12\ GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT 
                    INITIATIVE.

    (a) In General.--There is established an interagency 
working group to carry out a Greenhouse Gas Intensity Reducing 
Technology Export Initiative to--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 7905. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 735.
---------------------------------------------------------------------------
          (1) promote the export of greenhouse gas intensity 
        reducing technologies and practices from the United 
        States;
          (2) identify developing countries that should be 
        designated as priority countries for the purpose of 
        exporting greenhouse gas intensity reducing 
        technologies and practices, based on the report 
        submitted under section 732(a)(2)(A);
          (3) identify potential barriers to adoption of 
        exported greenhouse gas intensity reducing technologies 
        and practices based on the reports submitted under 
        section 734; and
          (4) identify previous efforts to export energy 
        technologies to learn best practices.
    (b) Composition.--The working group shall be composed of--
          (1) the Secretary of State, who shall act as the head 
        of the working group;
          (2) the Administrator of the United States Agency for 
        International Development;
          (3) the United States Trade Representative;
          (4) a designee of the Secretary of Energy;
          (5) a designee of the Secretary of Commerce; and
          (6) a designee of the Administrator of the 
        Environmental Protection Agency.
    (c) Performance Reviews and Reports.--Not later than 180 
days after the date of enactment of this part and each year 
thereafter, the interagency working group shall--
          (1) conduct a performance review of actions taken and 
        results achieved by the Federal Government (including 
        each of the agencies represented on the interagency 
        working group) to promote the export of greenhouse gas 
        intensity reducing technologies and practices from the 
        United States; and
          (2) submit to the appropriate authorizing and 
        appropriating committees of Congress a report that 
        describes the results of the performance reviews and 
        evaluates progress in promoting the export of 
        greenhouse gas intensity reducing technologies and 
        practices from the United States, including any 
        recommendations for increasing the export of the 
        technologies and practices.

SEC. 736.\13\ TECHNOLOGY DEMONSTRATION PROJECTS.

    (a) In General.--The Secretary of State, in coordination 
with the Secretary of Energy and the Administrator of the 
United States Agency for International Development, shall 
promote the adoption of technologies and practices that reduce 
greenhouse gas intensity in developing countries in accordance 
with this section.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 7906. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 736.
---------------------------------------------------------------------------
    (b) Demonstration Projects.--
          (1) In general.--The Secretaries and the 
        Administrator shall plan, coordinate, and carry out, or 
        provide assistance for the planning, coordination, or 
        carrying out of, demonstration projects under this 
        section in at least 10 eligible countries, as 
        determined by the Secretaries and the Administrator.
          (2) Eligibility.--A country shall be eligible for 
        assistance under this subsection if the Secretaries and 
        the Administrator determine that the country has 
        demonstrated a commitment to--
                  (A) just governance, including--
                          (i) promoting the rule of law;
                          (ii) respecting human and civil 
                        rights;
                          (iii) protecting private property 
                        rights; and
                          (iv) combating corruption; and
                  (B) economic freedom, including economic 
                policies that--
                          (i) encourage citizens and firms to 
                        participate in global trade and 
                        international capital markets;
                          (ii) promote private sector growth 
                        and the sustainable management of 
                        natural resources; and
                          (iii) strengthen market forces in the 
                        economy.
          (3) Selection.--In determining which eligible 
        countries to provide assistance to under paragraph (1), 
        the Secretaries and the Administrator shall consider--
                  (A) the opportunity to reduce greenhouse gas 
                intensity in the eligible country; and
                  (B) the opportunity to generate economic 
                growth in the eligible country.
          (4) Types of projects.--Demonstration projects under 
        this section may include--
                  (A) coal gasification, coal liquefaction, and 
                clean coal projects;
                  (B) carbon sequestration projects;
                  (C) cogeneration technology initiatives;
                  (D) renewable projects; and
                  (E) lower emission transportation.

SEC. 737.\14\ FELLOWSHIP AND EXCHANGE PROGRAMS.

    The Secretary of State, in coordination with the Secretary 
of Energy, the Secretary of Commerce, and the Administrator of 
the Environmental Protection Agency, shall carry out fellowship 
and exchange programs under which officials from developing 
countries visit the United States to acquire expertise and 
knowledge of best practices to reduce greenhouse gas intensity 
in their countries.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 7907. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 737.
---------------------------------------------------------------------------

SEC. 738.\15\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are 
necessary to carry out this part.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 7908. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 738.
---------------------------------------------------------------------------

SEC. 739.\16\ EFFECTIVE DATE.

    Except as otherwise provided in this part, this part takes 
effect on October 1, 2005.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 7909. Sec. 1611 of the Energy Policy Act of 2005 
(Public Law 109-58; 119 Stat. 1113) added sec. 739.
---------------------------------------------------------------------------

                       TITLE VIII--EFFECTIVE DATE

SEC. 801.\17\ EFFECTIVE DATE.

  Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on the date of 
the enactment of this Act.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 262d note.
                             f. Antarctica

                 (1) Antarctic Conservation Act of 1978

  Public Law 95-541 [H.R. 7749], 92 Stat. 2048, approved October 28, 
1978; as amended by Public Law 104-227 [Antarctic Science, Tourism, and 
Conservation Act of 1996; H.R. 3060], 110 Stat. 3034, approved October 
                                2, 1996

    AN ACT To implement the Agreed Measures for the Conservation of 
           Antarctic Fauna and Flora, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Antarctic Conservation Act of 
1978''.\1\
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 2401 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 2401.
---------------------------------------------------------------------------
          (1) \3\ for well over a quarter of a century, 
        scientific investigation has been the principal 
        activity of the Federal Government and United States 
        nationals in Antarctica;
---------------------------------------------------------------------------
    \3\ Sec. 101(a)(1) of Public Law 104-227 (110 Stat. 3034) 
redesignated paras. (1) and (2) as paras. (4) and (5), and added new 
paras. (1), (2), and (3).
---------------------------------------------------------------------------
          (2) \3\ more recently, interest of American tourists 
        in Antarctica has increased;
          (3) \3\ as the lead civilian agency in Antarctica, 
        the National Science Foundation has long had 
        responsibility for ensuring that United States 
        scientific activities and tourism, and their supporting 
        logistics operations, are conducted with an eye to 
        preserving the unique values of the Antarctic region;
          (4) \3\ the Antarctic Treaty and the Protocol 
        establish a firm foundation for the conservation of 
        Antarctic resources,\4\ for the continuation of 
        international cooperation and the freedom of scientific 
        investigation in Antarctica; and
---------------------------------------------------------------------------
    \4\ Sec. 101(a)(2) of Public Law 104-227 (110 Stat. 3034) struck 
out ``the Agreed Measures for the Conservation of Antarctic Fauna and 
Flora, adopted at the Third Antarctic Treaty Consultative Meeting, have 
established a firm foundation'' and inserted in lieu thereof ``the 
Protocol establish a firm foundation for the conservation of Antarctic 
resources,''.
---------------------------------------------------------------------------
          (5) \5\ the Antarctic Treaty and the Protocol 
        establish international mechanisms and create legal 
        obligations necessary for the maintenance of Antarctica 
        as a natural reserve devoted to peace and science.
---------------------------------------------------------------------------
    \5\ Sec. 101(a)(3) of Public Law 104-227 (110 Stat. 3034) amended 
and restated para. (5), redesignated from para. (2) by the same Act. 
Para. (5) formerly read as follows:
    ``(5) the study of Antarctic fauna and flora, their adaptation to 
their rigorous environment, and their interrelationships with that 
environment has special scientific importance for all mankind.''.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of this chapter is to provide for 
the conservation and protection of the fauna and flora of 
Antarctica, and of the ecosystem upon which such fauna and 
flora depend, consistent with the Antarctic Treaty and the 
Protocol.\6\
---------------------------------------------------------------------------
    \6\ Sec. 101(b) of Public Law 104-227 (110 Stat. 3034) struck out 
``Treaty, the Agreed Measures for the Conservation of Antarctic Fauna 
and Flora, and Recommendation VII-3 of the Eighth Antarctic Treaty 
Consultative Meeting'' and inserted in lieu thereof ``Treaty and the 
Protocol''.
---------------------------------------------------------------------------

SEC. 3.\7\ DEFINITIONS.

    For purposes of this Act--
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 2402. Sec. 102 of Public Law 104-227 (110 Stat. 3035) 
amended and restated sec. 3.
---------------------------------------------------------------------------
          (1) the term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency;
          (2) the term ``Antarctica'' means the area south of 
        60 degrees south latitude;
          (3) the term ``Antarctic Specially Protected Area'' 
        means an area identified as such pursuant to Annex V to 
        the Protocol;
          (4) the term ``Director'' means the Director of the 
        National Science Foundation;
          (5) the term ``harmful interference'' means--
                  (A) flying or landing helicopters or other 
                aircraft in a manner that disturbs 
                concentrations of birds or seals;
                  (B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that 
                disturbs concentrations of birds or seals;
                  (C) using explosives or firearms in a manner 
                that disturbs concentrations of birds or seals;
                  (D) willfully disturbing breeding or molting 
                birds or concentrations of birds or seals by 
                persons on foot;
                  (E) significantly damaging concentrations of 
                native terrestrial plants by landing aircraft, 
                driving vehicles, or walking on them, or by 
                other means; and
                  (F) any activity that results in the 
                significant adverse modification of habitats of 
                any species or population of native mammal, 
                native bird, native plant, or native 
                invertebrate;
          (6) the term ``historic site or monument'' means any 
        site or monument listed as an historic site or monument 
        pursuant to Annex V to the Protocol;
          (7) the term ``impact'' means impact on the Antarctic 
        environment and dependent and associated ecosystems;
          (8) the term ``import'' means to land on, bring into, 
        or introduce into, or attempt to land on, bring into or 
        introduce into, any place subject to the jurisdiction 
        of the United States, including the 12-mile territorial 
        sea of the United States, whether or not such act 
        constitutes an importation within the meaning of the 
        customs laws of the United States;
          (9) the term ``native bird'' means any member, at any 
        stage of its life cycle (including eggs), of any 
        species of the class Aves which is indigenous to 
        Antarctica or occurs there seasonally through natural 
        migrations, and includes any part of such member;
          (10) the term ``native invertebrate'' means any 
        terrestrial or freshwater invertebrate, at any stage of 
        its life cycle, which is indigenous to Antarctica, and 
        includes any part of such invertebrate;
          (11) the term ``native mammal'' means any member, at 
        any stage of its life cycle, of any species of the 
        class Mammalia, which is indigenous to Antarctica or 
        occurs there seasonally through natural migrations, and 
        includes any part of such member;
          (12) the term ``native plant'' means any terrestrial 
        or freshwater vegetation, including bryophytes, 
        lichens, fungi, and algae, at any stage of its life 
        cycle (including seeds and other propagules), which is 
        indigenous to Antarctica, and includes any part of such 
        vegetation;
          (13) the term ``non-native species'' means any 
        species of animal or plant which is not indigenous to 
        Antarctica and does not occur there seasonally through 
        natural migrations;
          (14) the term ``person'' has the meaning given that 
        term in section 1 of title 1, United States Code, and 
        includes any person subject to the jurisdiction of the 
        United States and any department, agency, or other 
        instrumentality of the Federal Government or of any 
        State or local government;
          (15) the term ``prohibited product'' means any 
        substance banned from introduction onto land or ice 
        shelves or into water in Antarctica pursuant to Annex 
        III to the Protocol;
          (16) the term ``prohibited waste'' means any 
        substance which must be removed from Antarctica 
        pursuant to Annex III to the Protocol, but does not 
        include materials used for balloon envelopes required 
        for scientific research and weather forecasting;
          (17) the term ``Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, including any future amendments thereto to 
        which the United States is a party;
          (18) the term ``Secretary'' means the Secretary of 
        Commerce;
          (19) the term ``Specially Protected Species'' means 
        any native species designated as a Specially Protected 
        Species pursuant to Annex II to the Protocol;
          (20) the term ``take'' means to kill, injure, 
        capture, handle, or molest a native mammal or bird, or 
        to remove or damage such quantities of native plants 
        that their local distribution or abundance would be 
        significantly affected;
          (21) the term ``Treaty'' means the Antarctic Treaty 
        signed in Washington, DC, on December 1, 1959;
          (22) the term ``United States'' means the several 
        States of the Union, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, the Virgin 
        Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, and any other commonwealth, territory, or 
        possession of the United States; and
          (23) the term ``vessel subject to the jurisdiction of 
        the United States'' includes any ``vessel of the United 
        States'' and any ``vessel subject to the jurisdiction 
        of the United States'' as those terms are defined in 
        section 303 of the Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2432).

SEC. 4.\8\ PROHIBITED ACTS.

    (a) In General.--It is unlawful for any person--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 2403. Sec. 103 of Public Law 104-227 (110 Stat. 3036) 
amended and restated sec. 4.
---------------------------------------------------------------------------
          (1) to introduce any prohibited product onto land or 
        ice shelves or into water in Antarctica;
          (2) to dispose of any waste onto ice-free land areas 
        or into fresh water systems in Antarctica;
          (3) to dispose of any prohibited waste in Antarctica;
          (4) to engage in open burning of waste;
          (5) to transport passengers to, from, or within 
        Antarctica by any seagoing vessel not required to 
        comply with the Act to Prevent Pollution from Ships (33 
        U.S.C. 1901 et seq.), unless the person has an 
        agreement with the vessel owner or operator under which 
        the owner or operator is required to comply with Annex 
        IV to the Protocol;
          (6) who organizes, sponsors, operates, or promotes a 
        nongovernmental expedition to Antarctica, and who does 
        business in the United States, to fail to notify all 
        members of the expedition of the environmental 
        protection obligations of this Act, and of actions 
        which members must take, or not take, in order to 
        comply with those obligations;
          (7) to damage, remove, or destroy a historic site or 
        monument;
          (8) to refuse permission to any authorized officer or 
        employee of the United States to board a vessel, 
        vehicle, or aircraft of the United States, or subject 
        to the jurisdiction of the United States, for the 
        purpose of conducting any search or inspection in 
        connection with the enforcement of this Act or any 
        regulation promulgated or permit issued under this Act;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any 
        search or inspection described in paragraph (8);
          (10) to resist a lawful arrest or detention for any 
        act prohibited by this section;
          (11) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this section;
          (12) to violate any regulation issued under this Act, 
        or any term or condition of any permit issued to that 
        person under this Act; or
          (13) to attempt to commit or cause to be committed 
        any act prohibited by this section.
    (b) Acts Prohibited Unless Authorized by Permit.--It is 
unlawful for any person, unless authorized by a permit issued 
under this Act--
          (1) to dispose of any waste in Antarctica (except as 
        otherwise authorized by the Act to Prevent Pollution 
        from Ships) including--
                  (A) disposing of any waste from land into the 
                sea in Antarctica; and
                  (B) incinerating any waste on land or ice 
                shelves in Antarctica, or on board vessels at 
                points of embarcation or debarcation, other 
                than through the use at remote field sites of 
                incinerator toilets for human waste;
          (2) to introduce into Antarctica any member of a 
        nonnative species;
          (3) to enter or engage in activities within any 
        Antarctic Specially Protected Area;
          (4) to engage in any taking or harmful interference 
        in Antarctica; or
          (5) to receive, acquire, transport, offer for sale, 
        sell, purchase, import, export, or have custody, 
        control, or possession of, any native bird, native 
        mammal, or native plant which the person knows, or in 
        the exercise of due care should have known, was taken 
        in violation of this Act.
    (c) Exception for Emergencies.--No act described in 
subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in 
subsection (b) shall be unlawful if the person committing the 
act reasonably believed that the act was committed under 
emergency circumstances involving the safety of human life or 
of ships, aircraft, or equipment or facilities of high value, 
or the protection of the environment.

SEC. 4A.\9\ ENVIRONMENTAL IMPACT ASSESSMENT.

    (a) Federal Activities.--(1)(A) The obligations of the 
United States under Article 8 of and Annex I to the Protocol 
shall be implemented by applying the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for 
Federal agency activities in Antarctica, as specified in this 
section.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 2403a. Sec. 104 of Public Law 104-227 (110 Stat. 
3038) added sec. 4A.
---------------------------------------------------------------------------
    (B) The obligations contained in section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall apply to all proposals for Federal agency 
activities occurring in Antarctica and affecting the quality of 
the human environment in Antarctica or dependent or associated 
ecosystems, only as specified in this section. For purposes of 
the application of such section 102(2)(C) under this 
subsection, the term ``significantly affecting the quality of 
the human environment'' shall have the same meaning as the term 
``more than a minor or transitory impact''.
    (2)(A) Unless an agency which proposes to conduct a Federal 
activity in Antarctica determines that the activity will have 
less than a minor or transitory impact, or unless a 
comprehensive environmental evaluation is being prepared in 
accordance with subparagraph (C), the agency shall prepare an 
initial environmental evaluation in accordance with Article 2 
of Annex I to the Protocol.
    (B) If the agency determines, through the preparation of 
the initial environmental evaluation, that the proposed Federal 
activity is likely to have no more than a minor or transitory 
impact, the activity may proceed if appropriate procedures are 
put in place to assess and verify the impact of the activity.
    (C) If the agency determines, through the preparation of 
the initial environmental evaluation or otherwise, that a 
proposed Federal activity is likely to have more than a minor 
or transitory impact, the agency shall prepare and circulate a 
comprehensive environmental evaluation in accordance with 
Article 3 of Annex I to the Protocol, and shall make such 
comprehensive environmental evaluation publicly available for 
comment.
    (3) Any agency decision under this section on whether a 
proposed Federal activity, to which paragraph (2)(C) applies, 
should proceed, and, if so, whether in its original or in a 
modified form, shall be based on the comprehensive 
environmental evaluation as well as other considerations which 
the agency, in the exercise of its discretion, considers 
relevant.
    (4) For the purposes of this section, the term ``Federal 
activity'' includes all activities conducted under a Federal 
agency research program in Antarctica, whether or not conducted 
by a Federal agency.
    (b) Federal Activities Carried Out Jointly With Foreign 
Governments.--(1) For the purposes of this subsection, the term 
``Antarctic joint activity'' means any Federal activity in 
Antarctica which is proposed to be conducted, or which is 
conducted, jointly or in cooperation with one or more foreign 
governments. Such term shall be defined in regulations 
promulgated by such agencies as the President may designate.
    (2) Where the Secretary of State, in cooperation with the 
lead United States agency planning an Antarctic joint activity, 
determines that--
          (A) the major part of the joint activity is being 
        contributed by a government or governments other than 
        the United States;
          (B) one such government is coordinating the 
        implementation of environmental impact assessment 
        procedures for that activity; and
          (C) such government has signed, ratified, or acceded 
        to the Protocol,
the requirements of subsection (a) of this section shall not 
apply with respect to that activity.
    (3) In all cases of Antarctic joint activity other than 
those described in paragraph (2), the requirements of 
subsection (a) of this section shall apply with respect to that 
activity, except as provided in paragraph (4).
    (4) Determinations described in paragraph (2), and agency 
actions and decisions in connection with assessments of impacts 
of Antarctic joint activities, shall not be subject to judicial 
review.
    (c) Nongovernmental Activities.--(1) The Administrator 
shall, within 2 years after the date of the enactment of the 
Antarctic Science, Tourism, and Conservation Act of 1996, 
promulgate regulations to provide for--
          (A) the environmental impact assessment of 
        nongovernmental activities, including tourism, for 
        which the United States is required to give advance 
        notice under paragraph 5 of Article VII of the Treaty; 
        and
          (B) coordination of the review of information 
        regarding environmental impact assessment received from 
        other Parties under the Protocol.
    (2) Such regulations shall be consistent with Annex I to 
the Protocol.
    (d) Decision to Proceed.--(1) No decision shall be taken to 
proceed with an activity for which a comprehensive 
environmental evaluation is prepared under this section unless 
there has been an opportunity for consideration of the draft 
comprehensive environmental evaluation at an Antarctic Treaty 
Consultative Meeting, except that no decision to proceed with a 
proposed activity shall be delayed through the operation of 
this paragraph for more than 15 months from the date of 
circulation of the draft comprehensive environmental evaluation 
pursuant to Article 3(3) of Annex I to the Protocol.
    (2) The Secretary of State shall circulate the final 
comprehensive environmental evaluation, in accordance with 
Article 3(6) of Annex I to the Protocol, at least 60 days 
before the commencement of the activity in Antarctica.
    (e) Cases of Emergency.--The requirements of this section, 
and of regulations promulgated under this section, shall not 
apply in cases of emergency relating to the safety of human 
life or of ships, aircraft, or equipment and facilities of high 
value, or the protection of the environment, which require an 
activity to be undertaken without fulfilling those 
requirements.
    (f) Exclusive Mechanism.--Notwithstanding any other 
provision of law, the requirements of this section shall 
constitute the sole and exclusive statutory obligations of the 
Federal agencies with regard to assessing the environmental 
impacts of proposed Federal activities occurring in Antarctica.
    (g) Decisions on Permit Applications.--The provisions of 
this section requiring environmental impact assessments 
(including initial environmental evaluations and comprehensive 
environmental evaluations) shall not apply to Federal actions 
with respect to issuing permits under section 5.
    (h) Publication of Notices.--Whenever the Secretary of 
State makes a determination under paragraph (2) of subsection 
(b) of this section, or receives a draft comprehensive 
environmental evaluation in accordance with Annex I, Article 
3(3) to the Protocol, the Secretary of State shall cause timely 
notice thereof to be published in the Federal Register.

SEC. 5.\10\ PERMITS.

    (a) In General.--The Director may issue permits which 
authorize acts otherwise prohibited by section 4(b).\11\
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 2404.
    \11\ Sec. 105(1) of Public Law 104-227 (110 Stat. 3040) struck out 
``section 4(a)'' and inserted in lieu thereof ``section 4(b)''.
---------------------------------------------------------------------------
    (b) Applications for Permits.--(1) Applications for permits 
under this section shall be made in such manner and form, and 
shall contain such information, as the Director shall by 
regulation prescribe.
    (2) The Director shall publish notice in the Federal 
Register of each application which is made for a permit under 
this section. The notice shall invite the submission by 
interested parties, within 30 days after the date of 
publication of the notice, of written data, comments, or views 
with respect to the application. Information received by the 
Director as a part of any application shall be available to the 
public as a matter of public record.
    (c) Action by Appropriate Secretaries on Certain Permit 
Applications.--(1) If the Director receives an application for 
a permit under this section requesting authority to undertake 
any action with respect to--
          (A) any native mammal which is a marine mammal within 
        the meaning of section 3(5) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1362(5));
          (B) any native mammal, native bird, or native plant 
        which is an endangered species or threatened species 
        under the Endangered Species \12\ Act of 1973 (16 
        U.S.C. 1531 et seq.); or
---------------------------------------------------------------------------
    \12\ Sec. 105(2) of Public Law 104-227 (110 Stat. 3040) struck out 
``Special'' and inserted in lieu thereof ``Species''.
---------------------------------------------------------------------------
          (C) any native bird which is protected under the 
        Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
the Director shall submit a copy of the application to the 
Secretary of Commerce or to the Secretary of the Interior, as 
appropriate (hereinafter in this subsection referred to 
respectively as the ``appropriate Secretary'').
    (2) After receiving a copy of any application from the 
Director under paragraph (1) the appropriate Secretary shall 
promptly determine, and notify the Director, whether or not any 
action proposed in the application also requires a permit or 
other authorization under any law administered by the 
appropriate Secretary.
    (3) If the appropriate Secretary notifies the Director that 
any action proposed in the application requires a permit or 
other authorization under any law administered by the 
appropriate Secretary, the Director may not issue a permit 
under this section with respect to such action unless such 
other required permit or authorization is issued by the 
appropriate Secretary and a copy thereof is submitted to the 
Director. The issuance of any permit or other authorization by 
the appropriate Secretary for the carrying out of any action 
with respect to any native mammal, native bird, or native plant 
shall not be deemed to entitle the applicant concerned to the 
issuance by the Director of a permit under this section.
    (d) Issuance of Permits.--As soon as practicable after 
receiving any application for a permit under this section, or, 
in the case of any application to which subsection (c) applies, 
as soon as practicable after the applicable requirements of 
such subsection are complied with, the Director shall issue, or 
deny the issuance of, the permit. Within 10 days after the date 
of the issuance or denial of a permit under this subsection, 
the Director shall publish notice of the issuance or denial in 
the Federal Register.
    (e) \13\ Terms and Conditions of Permits.--(1) Each permit 
issued under this section shall--
---------------------------------------------------------------------------
    \13\ So in original. Two subsecs. (e) have been enacted.
---------------------------------------------------------------------------
          (A) if applicable, specify--
                  (i) the number and species of native mammals, 
                native birds, native plants, or native 
                invertebrates to which the permit applies, and 
                \14\
---------------------------------------------------------------------------
    \14\ Sec. 105(3)(A) of Public Law 104-227 (110 Stat. 3040) struck 
out ``or native plants to which the permit applies,'', and inserted in 
lieu thereof ``native plants, or native invertebrates to which the 
permit applies, and''.
---------------------------------------------------------------------------
                  (ii) \15\ the manner in which the taking or 
                harmful interference shall be conducted (which 
                manner shall be determined by the Director to 
                be humane) and the area in which it will be 
                conducted;
---------------------------------------------------------------------------
    \15\ Sec. 105(3)(B) of Public Law 104-227 (110 Stat. 3040) struck 
out clauses (ii) and (iii) and inserted a new clause (ii). Former 
clauses (ii) and (iii) read as follows:
    ``(ii) if any such mammal or bird is authorized to be taken, 
transported, carried, or shipped, the manner (which manner must be 
determined by the Director to be humane) in which such action must be 
accomplished and the area in which such taking must occur, and
    ``(iii) if any such plant is authorized to be collected, the 
location and manner in which it must be collected;''.
---------------------------------------------------------------------------
          (B) the period during which the permit is valid; and
          (C) such other terms and conditions as the Director 
        deems necessary and appropriate to ensure that any act 
        authorized under the permit is carried out in a manner 
        consistent with the purpose of this chapter, the 
        criteria set forth in paragraph (2), if applicable, and 
        the regulations prescribed under this Act.
    (2) The terms and conditions imposed by the Director in any 
permit issued under this section that authorizes any of the 
following acts shall be consistent with the following criteria:
          (A) Permits authorizing the taking or harmful 
        interference within Antarctica \16\ of any native 
        mammal or native bird (other than a Specially Protected 
        Species \17\ of any such mammal or bird)--
---------------------------------------------------------------------------
    \16\ Sec. 105(3)(C) of Public Law 104-227 (110 Stat. 3040) struck 
out ``within Antarctica (other than within any specially protected 
area)'' and inserted in lieu thereof ``or harmful interference within 
Antarctica''.
    \17\ Sec. 105(3)(D) of Public Law 104-227 (110 Stat. 3040) struck 
out ``specially protected species'' and inserted in lieu thereof 
``Specially Protected Species''.
---------------------------------------------------------------------------
                  (i) may be issued only for the purpose of 
                providing--
                          (I) specimens for scientific study or 
                        scientific information, or
                          (II) specimens for museums, 
                        zoological gardens, or other 
                        educational or cultural institutions or 
                        uses; or \18\
---------------------------------------------------------------------------
    \18\ Sec. 105(3)(E) of Public Law 104-227 (110 Stat. 3040) struck 
out ``; and'' and inserted in lieu thereof ``; or''.
---------------------------------------------------------------------------
                          (III) \19\ for unavoidable 
                        consequences of scientific activities 
                        or the construction and operation of 
                        scientific support facilities; and
---------------------------------------------------------------------------
    \19\ Sec. 105(3)(F) of Public Law 104-227 (110 Stat. 3040) added 
subclause (III).
---------------------------------------------------------------------------
                  (ii) shall ensure, as far as possible, that--
                          (I) no more native mammals and native 
                        birds are taken in any year than can 
                        normally be replaced by net natural 
                        reproduction in the following breeding 
                        season, and
                          (II) the variety of species and the 
                        balance of the natural ecological 
                        systems within Antarctica are \20\ 
                        maintained.
---------------------------------------------------------------------------
    \20\ Sec. 105(3)(G) of Public Law 104-227 (110 Stat. 3041) struck 
out ``with Antarctica and'', and inserted in lieu thereof ``within 
Antarctica are''.
---------------------------------------------------------------------------
          (B) Permits authorizing the taking of Specially 
        Protected Species \17\ may be issued only if--
                  (i) there is a compelling scientific purpose 
                for such taking; and
                  (ii) the actions allowed under any such 
                permit will not jeopardize any existing natural 
                ecological system, or the survival, of such 
                species.
          (C) \21\ A permit authorizing the entry into an 
        Antarctic Specially Protected Area shall be issued 
        only--
---------------------------------------------------------------------------
    \21\ Sec. 105(3)(H) of Public Law 104-227 (110 Stat. 3041) amended 
and restated subpara. (C) and struck out subpara. (D).
---------------------------------------------------------------------------
                  (i) if the entry is consistent with an 
                approved management plan, or
                  (ii) if a management plan relating to the 
                area has not been approved but--
                          (I) there is a compelling purpose for 
                        such entry which cannot be served 
                        elsewhere, and
                          (II) the actions allowed under the 
                        permit will not jeopardize the natural 
                        ecological system existing in such 
                        area.
    (e) \13\ Judicial Review.--Any applicant for a permit may 
obtain judicial review of the terms and conditions of any 
permit issued by the Director under this section or of the 
refusal of the Director to issue such a permit. Such review, 
which shall be pursuant to chapter 7 of title 5, United States 
Code, may be initiated by filing a petition for review in the 
United States district court for the district wherein the 
applicant for a permit resides, or has his principal place of 
business, or in the United States District Court for the 
District of Columbia, within 60 days after the date on which 
such permit is issued or denied.
    (f)(1) \22\ Modification, Suspension, and Revocation.--The 
Director may modify, suspend, or revoke, in whole or part, any 
permit issued under this section--
---------------------------------------------------------------------------
    \22\ As enrolled. Para. designation ``(1)'' should probably follow 
``Revocation.--''.
---------------------------------------------------------------------------
          (A) in order to make the permit consistent with any 
        change made after the date of issuance of the permit, 
        to any regulation prescribed under section 6;
          (B) if there is any change in conditions which makes 
        the permit inconsistent with the purpose of this Act; 
        or
          (C) in any case in which there has been any violation 
        of any term or condition of the permit, any regulation 
        prescribed under this Act, or any provision of this 
        Act.
    (2) Whenever the Director proposes any modification, 
suspension, or revocation of a permit under this subsection, 
the permittee shall be afforded opportunity, after due notice, 
for a hearing by the Director with respect to such proposed 
modification, suspension, or revocation. If a hearing is 
requested, the action proposed by the Director shall not take 
effect before a decision is issued by him after the hearing, 
unless the proposed action is taken by the Director to meet an 
emergency situation. Any action taken by the Director after 
such a hearing is subject to judicial review on the same basis 
as is provided for with respect to permit applications under 
subsection (e) of this section.
    (3) Notice of the modification, suspension, or revocation 
of any permit by the Director shall be published in the Federal 
Register within 10 days from the date of the Director's 
decision.
    (g) Permit Fees.--The Director may establish and charge 
fees for processing applications for permits under this 
section. The amount of such fees shall be commensurate with the 
administrative costs incurred by the Director in undertaking 
such processing.

SEC. 6.\23\ REGULATIONS.

    (a) Regulations To Be Issued by the Director.--(1) The 
Director shall issue such regulations as are necessary and 
appropriate to implement Annex II and Annex V to the Protocol 
and the provisions of this Act which implement those annexes, 
including section 4(b)(2), (3), (4), and (5) of this Act. The 
Director shall designate as native species--
---------------------------------------------------------------------------
    \23\ 16 U.S.C. 2405. Sec. 106 of Public Law 104-227 (110 Stat. 
3041) amended and restated sec. 6.
---------------------------------------------------------------------------
          (A) each species of the class Aves;
          (B) each species of the class Mammalia; and
          (C) each species of plant,
which is indigenous to Antarctica or which occurs there 
seasonally through natural migrations.
    (2) The Director, with the concurrence of the 
Administrator, shall issue such regulations as are necessary 
and appropriate to implement Annex III to the Protocol and the 
provisions of this Act which implement that Annex, including 
section 4(a)(1), (2), (3), and (4), and section 4(b)(1) of this 
Act.
    (3) The Director shall issue such regulations as are 
necessary and appropriate to implement Article 15 of the 
Protocol with respect to land areas and ice shelves in 
Antarctica.
    (4) The Director shall issue such additional regulations as 
are necessary and appropriate to implement the Protocol and 
this Act, except as provided in subsection (b).
    (b) Regulations To Be Issued by the Secretary of the 
Department in Which the Coast Guard is Operating.--The 
Secretary of the Department in which the Coast Guard is 
operating shall issue such regulations as are necessary and 
appropriate, in addition to regulations issued under the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to 
implement Annex IV to the Protocol and the provisions of this 
Act which implement that Annex, and, with the concurrence of 
the Director, such regulations as are necessary and appropriate 
to implement Article 15 of the Protocol with respect to 
vessels.
    (c) Time Period for Regulations.--The regulations to be 
issued under subsection (a)(1) and (2) of this section shall be 
issued within 2 years after the date of the enactment of the 
Antarctic Science, Tourism, and Conservation Act of 1996. The 
regulations to be issued under subsection (a)(3) of this 
section shall be issued within 3 years after the date of the 
enactment of the Antarctic Science, Tourism, and Conservation 
Act of 1996.

SEC. 7.\24\ NOTIFICATION OF TRAVEL TO ANTARCTICA.

    The Secretary of State shall prescribe such regulations as 
may be necessary and appropriate to implement, with respect to 
United States citizens, paragraph 5 of Article VII of the 
Treaty pertaining to the filing of advance notifications of 
expeditions to, and within, Antarctica. For purposes of this 
section, the term ``United States citizen'' shall include any 
foreign person who organizes within the United States any 
expedition which will proceed to Antarctica from the United 
States.
---------------------------------------------------------------------------
    \24\ 16 U.S.C. 2406.
---------------------------------------------------------------------------

SEC. 8.\25\ CIVIL PENALTIES.

    (a) Assessment of Penalties.--Any person who is found by 
the Director, after notice and opportunity for a hearing in 
accordance with subsection (b) of this section, to have 
committed any act prohibited by section 4(a) or to have 
violated any regulation prescribed under section 7 shall be 
liable to the United States for a civil penalty. The amount of 
the civil penalty shall not exceed $5,000 for each violation 
unless the prohibited act was knowingly committed, in which 
case the amount of the civil penalty shall not exceed $10,000 
for each violation. Each day of a continuing violation shall 
constitute a separate offense. The amount of any civil penalty 
shall be assessed by the Director by written notice. Any civil 
penalty assessed under this subsection may be remitted or 
mitigated by the Director.
---------------------------------------------------------------------------
    \25\ 16 U.S.C. 2407.
---------------------------------------------------------------------------
    (b) Hearings.--Hearings for the assessment of civil 
penalties under subsection (a) shall be conducted in accordance 
with section 554 of title 5, United States Code. For the 
purposes of conducting any such hearing, the Director may issue 
subpenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may 
administer oaths. Witnesses summoned shall be paid the same 
fees and mileage that are paid to witnesses in the courts of 
the United States. In case of contumacy or refusal to obey a 
subpena served upon any person pursuant to this subsection, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Director or 
to appear and produce documents before the Director, or both, 
and any failure to obey such order of the court may be punished 
by such court as a contempt thereof.
    (c) Review.--Upon the failure of any person against whom a 
civil penalty is assessed under subsection (a) to pay such 
penalty, the Director may request the Attorney General to 
institute a civil action in a district court of the United 
States for any district in which such person is found, resides, 
or transacts business to collect the penalty and such court 
shall have jurisdiction to hear and decide any such action. The 
court shall hear such action on the record made before the 
Director and shall sustain the decision of the Director if it 
is supported by substantial evidence on the record considered 
as a whole.
    (d) Penalties Under Other Laws.--The assessment of a civil 
penalty under subsection (a) for any act shall not be deemed to 
preclude the assessment of a civil penalty for such act under 
any other law, including, but not limited to, the Marine Mammal 
Protection Act of 1972, the Endangered Species Act of 1973, and 
the Migratory Bird Treaty Act.

SEC. 9.\26\ CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if he 
willfully commits any act prohibited by section 4(a).
---------------------------------------------------------------------------
    \26\ 16 U.S.C. 2408.
---------------------------------------------------------------------------
    (b) Punishment.--Any offense described in subsection (a) is 
punishable by a fine of $10,000, or imprisonment for not more 
than one year, or both.
    (c) Offenses Under Other Laws.--A conviction under 
subsection (a) for any act shall not be deemed to preclude a 
conviction for such act under any other law, including, but not 
limited to, the Marine Mammal Protection Act of 1972, the 
Endangered Species Act of 1973, and the Migratory Bird Treaty 
Act.

SEC. 10.\27\ ENFORCEMENT.

    (a) Responsibility.--The provisions of this Act and of any 
regulation prescribed, or permit issued, under this Act shall 
be enforced by the Director, the Secretary of the Treasury, the 
Secretary of Commerce, the Secretary of \28\ Interior, and the 
Secretary of the department in which the Coast Guard is 
operating. The Director and such Secretaries may utilize by 
agreement, on a reimbursable basis or otherwise, the personnel, 
services, and facilities of any other Federal agency or any 
State agency in the performance of such duties.
---------------------------------------------------------------------------
    \27\ 16 U.S.C. 2409.
    \28\ So in original. Probably should read ``of the''.
---------------------------------------------------------------------------
    (b) Powers of Authorized Officers.--Any officer who is 
authorized (by the Director, the Secretary of the Treasury, the 
Secretary of Commerce, the Secretary of the Interior, the 
Secretary of the department in which the Coast Guard is 
operating, or the head of any Federal or State agency which has 
entered into an agreement with the Director or any such 
Secretary under subsection (a)) to enforce the provisions of 
this Act and of any regulation or permit issued under this Act 
may--
          (1) secure, execute, and serve any order, warrant, 
        subpena, or other process, which is issued under the 
        authority of the United States;
          (2) search without warrant any person, place, or 
        conveyance where there is reasonable grounds to believe 
        that a person has committed or is attempting to commit 
        an act prohibited by section 4(a);
          (3) seize without warrant any evidentiary item where 
        there is reasonable grounds to believe that a person 
        has committed or is attempting to commit any such act;
          (4) offer and pay rewards for services or information 
        which may lead to the apprehension of violators of such 
        provisions;
          (5) make inquiries, and administer to, or take from, 
        any person an oath, affirmation, or affidavit, 
        concerning any matter which is related to the 
        enforcement of such provisions;
          (6) detain for inspection and inspect any package, 
        crate, or other container, including its contents, and 
        all accompanying documents, upon importation into, or 
        exportation from, the United States; and
          (7) make an arrest with or without a warrant with 
        respect to any act prohibited by section 4(a) if such 
        officer has reasonable grounds to believe that the 
        person to be arrested is committing such act in his 
        presence or view, or has committed such act.
    (c) Seizure.--Any property or item seized pursuant to 
subsection (b) shall be held by any person authorized by the 
Director, the Secretary of the Treasury, the Secretary of 
Commerce, the Secretary of the Interior, or the Secretary of 
the department in which the Coast Guard is operating pending 
the disposition of civil or criminal proceedings, or the 
institution of an action in rem for forfeiture of such property 
or item; except that such authorized person may, in lieu of 
holding such property or item, permit the owner or consignee 
thereof to post a bond or other satisfactory surety.
    (d) Forfeiture.--(1) Any animal or plant with respect to 
which an act prohibited by section 4(a) is committed shall be 
subject to forfeiture to the United States.
    (2) All guns, traps, nets, and other equipment, vessels, 
vehicles, aircraft, and other means of transportation used in 
the commission of any act prohibited by section 4(a) shall be 
subject to forfeiture to the United States.
    (3) Upon the forfeiture to the United States of any 
property or item described in paragraph (1) or (2), or upon the 
abandonment or waiver of any claim to any such property or 
item, it shall be disposed of by the Director, the Secretary of 
the Treasury, the Secretary of Commerce, the Secretary of the 
Interior, or the Secretary of the department in which the Coast 
Guard is operating, as the case may be, in such a manner, 
consistent with the purposes of the Act, as may be prescribed 
by regulation; except that no native mammal, native bird, or 
native plant may be disposed of by sale to the public.
    (e) Application of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of a 
vessel for violation of the customs laws, the disposition of 
such vessel or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeiture, shall apply to the 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provision of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act; except that all powers, rights, and 
duties conferred or imposed by the customs laws upon any 
officer or employee of the Customs Service may, for the 
purposes of this Act, also be exercised or performed by the 
Director, the Secretary of Commerce, the Secretary of the 
Interior, or the Secretary of the department in which the Coast 
Guard is operating, or by such persons as each may designate.
    (f) Regulations.--The Director, the Secretary of the 
Treasury, the Secretary of Commerce, the Secretary of the 
Interior, and the Secretary of the department in which the 
Coast Guard is operating may prescribe such regulations as may 
be appropriate to enforce the provisions of this Act and of any 
regulation prescribed or permit issued under this Act, and 
charge reasonable fees for the expenses of the United States 
incurred in carrying out inspections and in transferring, 
boarding, handling, or storing native mammals, native birds, 
native plants, animals and plants not indigenous to Antarctica, 
and other evidentiary items seized or forfeited under this Act.

SEC. 11.\29\ JURISDICTION OF COURTS.

    The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this Act or of any regulation 
prescribed, or permit issued, under this Act.
---------------------------------------------------------------------------
    \29\ 16 U.S.C. 2410.
---------------------------------------------------------------------------

SEC. 12.\30\ FEDERAL AGENCY COOPERATION.

    Each Federal department or agency whose activities affect 
Antarctica shall utilize, to the maximum extent practicable, 
its authorities in furtherance of the purposes of this Act, and 
shall cooperate with the Director in carrying out the purposes 
of this Act.
---------------------------------------------------------------------------
    \30\ 16 U.S.C. 2411.
---------------------------------------------------------------------------

SEC. 13.\31\ RELATIONSHIP TO EXISTING TREATIES.

    Nothing in this Act shall be construed as contravening or 
superseding the provisions of any international treaty, 
convention, or agreement, if such treaty, convention, or 
agreement is in force with respect to the United States on the 
date of the enactment of this Act, or of any statute which 
implements any such treaty, convention, or agreement.
---------------------------------------------------------------------------
    \31\ 16 U.S.C. 2412.
---------------------------------------------------------------------------

SEC. 14.\32\ SAVING PROVISIONS.

    (a) Regulations.--All regulations promulgated under this 
Act prior to the date of the enactment of the Antarctic 
Science, Tourism, and Conservation Act of 1996 shall remain in 
effect until superseding regulations are promulgated under 
section 6.
---------------------------------------------------------------------------
    \32\ 16 U.S.C. 2413. The original sec. 14 amended the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1971). Sec. 107 of Public Law 104-227 
(110 Stat. 3042) added this sec. 14.
---------------------------------------------------------------------------
    (b) Permits.--All permits issued under this Act shall 
remain in effect until they expire in accordance with the terms 
of those permits.
      (2) Antarctic Science, Tourism, and Conservation Act of 1996

    Partial text of Public Law 104-227 [H.R. 3060], 110 Stat. 3034, 
                        approved October 2, 1996

  AN ACT To implement the Protocol on Environmental Protection to the 
                           Antarctic Treaty.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Antarctic Science, Tourism, 
and Conservation Act of 1996''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 2401 note.
---------------------------------------------------------------------------

     TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

          * * * * * * *

             TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS

          * * * * * * *

               TITLE III--POLAR RESEARCH AND POLICY STUDY

SEC. 301. POLAR RESEARCH AND POLICY STUDY.

    Not later than March 1, 1997, the National Science 
Foundation shall provide a detailed report to the Congress on--
          (1) the status of the implementation of the Arctic 
        Environmental Protection Strategy and Federal funds 
        being used for that purpose;
          (2) all of the Federal programs relating to Arctic 
        and Antarctic research and the total amount of funds 
        expended annually for each such program, including--
                  (A) a comparison of the funding for 
                logistical support in the Arctic and Antarctic;
                  (B) a comparison of the funding for research 
                in the Arctic and Antarctic;
                  (C) a comparison of any other amounts being 
                spent on Arctic and Antarctic programs; and
                  (D) an assessment of the actions taken to 
                implement the recommendations of the Arctic 
                Research Commission with respect to the use of 
                such funds for research and logistical support 
                in the Arctic.
      (3) Protection of Antarctica as a Global Ecological Commons

 Public Law 101-620 [S.J. Res. 206], 104 Stat. 3340, approved November 
                                16, 1990

 JOINT RESOLUTION Calling for the United States to encourage immediate 
negotiations toward a new agreement among Antarctic Treaty Consultative 
 Parties, for the full protection of Antarctica as a global ecological 
                                commons.

Whereas Antarctica, like the great oceans and the atmosphere, 
    is a part of the global commons;
Whereas the Antarctic region, including the continent and the 
    Southern Ocean, is a fragile ecosystem that support an 
    amazing abundance of life, and is, in turn, crucial to 
    other life on Earth;
Whereas Antarctica is a critical areas in the study and 
    documentation of global change;
Whereas negotiations of the Antarctic Treaty Consultative 
    Parties have resulted in the Convention on the Regulation 
    of Antarctic Mineral Resource Activities;
Whereas the Convention on the Regulation of Antarctic Mineral 
    Resource Activities, while requiring consideration of 
    environmental impacts prior to allowing minerals 
    development in Antarctica, does not guarantee preservation 
    of the Antarctic environment; and
Whereas the challenge to humankind is to ensure that Antarctica 
    is stewarded in a manner that conserves its unique 
    environment and preserves its value for scientific 
    research: Now, therefore be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
          (1) Antarctica is a global ecological commons, and 
        should, therefore, be subject to a new agreement or 
        protocol which supplement \1\ the Antarctic Treaty of 
        1959, providing for comprehensive environmental 
        protection of Antarctica, and which should for an 
        indefinite period establish Antarctica as a region 
        closed to commercial minerals development and related 
        activities;
---------------------------------------------------------------------------
    \1\ As enrolled. Should probably read ``supplements''.
---------------------------------------------------------------------------
          (2) under such new agreements, information about 
        mineral or other resources in Antarctica should be 
        obtained under strictly controlled arrangements and 
        should be openly shared in the international scientific 
        community;
          (3) the Convention on the Regulation of Antarctic 
        Mineral Resource Activities, through a considerable 
        step forward, does not guarantee protection of the 
        fragile environment of Antarctica and could actually 
        stimulate movement toward commercial exploitation;
          (4) pending the negotiation and entry into force of 
        the new agreements referred to in paragraph (1) the 
        Convention on the Regulation of Antarctic Mineral 
        Resource Activities should not be presented to the 
        Senate for advice and consent to ratification;
          (5) until such new agreements enter into force, the 
        United States should support the interim restraint 
        measures currently in effect among the Consultative 
        Parties to the Antarctic Treaty; and
          (6) the negotiation of a new agreements \2\ referred 
        to in paragraph (1) should be fully supported by the 
        United States at the November 1990 meeting of the 
        Antarctic Treaty Consultative Parties in Santiago, 
        Chile.
---------------------------------------------------------------------------
    \2\ As enrolled. Should probably read ``agreement'' or ``of new 
agreements''.
                  (4) Antarctic Protection Act of 1990

 Public Law 101-594 [H.R. 3977], 104 Stat. 2975, approved November 16, 
1990; as amended by Public Law 104-227 [Antarctic Science, Tourism, and 
Conservation Act of 1996; H.R. 3060], 110 Stat. 3034, approved October 
                                2, 1996

  AN ACT To protect and conserve the continent of Antarctica, and for 
                            other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Antarctic Protection Act of 
1990''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 2461 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 2461.
---------------------------------------------------------------------------
          (1) the Antarctic continent with its associated and 
        dependent ecosystems is a distinctive environment 
        providing a habitat for many unique species and 
        offering a natural laboratory from which to monitor 
        critical aspects of stratospheric ozone depletion and 
        global climate change;
          (2) Antarctica is protected by a series of 
        international agreements, including the Antarctic 
        Treaty and associated recommendations, the Convention 
        on the Conservation of Antarctic Seals, and the 
        Convention on the Conservation of Antarctic Marine 
        Living Resources, which are intended to conserve the 
        renewable natural resources of Antarctica and to 
        recognize the importance of Antarctica for the conduct 
        of scientific research;
          (3) recurring and recent developments in Antarctica, 
        including increased siting of scientific stations, poor 
        waste disposal practices, oil spills, increased 
        tourism, and the over-exploitation of marine living 
        resources, have raised serious questions about the 
        adequacy and implementation of existing agreements and 
        domestic law to protect the Antarctic environment and 
        its living marine resources;
          (4) the parties to the Antarctic Treaty have 
        negotiated a Convention on the Regulation of Antarctic 
        Mineral Resources Activities which the United States 
        has signed but not yet ratified;
          (5) the Convention on the Regulation of Antarctic 
        Mineral Resources Activities does not guarantee the 
        preservation of the fragile environment of Antarctica 
        and could actually stimulate movement toward Antarctic 
        mineral resource activity;
          (6) the exploitation of mineral resources in 
        Antarctica could lead to additional degradation of the 
        Antarctic environment, including increased risk of oil 
        spills;
          (7) the Antarctic Treaty Consultative Parties have 
        agreed to a voluntary ban on Antarctic mineral resource 
        activities which needs to be made legally binding;
          (8) the level of scientific study, including 
        necessary support facilities, has increased to the 
        point that some scientific programs may be degrading 
        the Antarctic environment; and
          (9) the planned special consultative meeting of 
        parties to the Antarctic Treaty and the imminence of 
        the thirtieth anniversary of the Antarctic Treaty 
        provide opportunities for the United States to exercise 
        leadership toward protection and sound management of 
        Antarctica.
    (b) Purpose.--The purpose of this Act is to--
          (1) strengthen substantially overall environmental 
        protection of Antarctica;
          (2) prohibit prospecting, exploration, and 
        development of Antarctic mineral resources by United 
        States citizens and other persons subject to the 
        jurisdiction of the United States;
          (3) urge other nations to join the United States in 
        immediately negotiating one or more new agreements to 
        provide an indefinite ban on all Antarctic mineral 
        resource activities and comprehensive protection for 
        Antarctica and its associated and dependent ecosystems; 
        and
          (4) urge all nations to consider a permanent ban on 
        Antarctic mineral resource activities.

SEC. 3.\3\ DEFINITIONS.

    For the purposes of this Act:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 2462.
---------------------------------------------------------------------------
          (1) The term ``Antarctica'' means the area south of 
        the Antarctic Convergence as defined in section 303(1) 
        of the Antarctic Marine Living Resources Convention Act 
        of 1984 (16 U.S.C. 2432).
          (2) The term ``Antarctic mineral resource activity'' 
        means prospecting, exploration, or development in 
        Antarctica of mineral resources, but does not include 
        scientific research within the meaning of article III 
        of the Antarctic Treaty, done at Washington on December 
        1, 1959.
          (3) The term ``development'' means any activity, 
        including logistic support, which takes place following 
        exploration, the purpose of which is the exploitation 
        of specific mineral resource deposits, including 
        processing, storage, and transport activities.
          (4) The term ``exploration'' means any activity, 
        including logistic support, the purpose of which is the 
        identification or evaluation of specific mineral 
        resource deposits. The term includes exploratory 
        drilling, dredging, and other surface or subsurface 
        excavations required to determine the nature and size 
        of mineral resource deposits and the feasibility of 
        their development.
          (5) The term ``mineral resources'' means all 
        nonliving natural nonrenewable resources, including 
        fossil fuels, minerals, whether metallic or 
        nonmetallic, but does not include ice, water, or snow.
          (6) The term ``person'' means any individual, 
        corporation, partnership, trust, association, or any 
        other entity existing or organized under the laws of 
        the United States, or any officer, employee, agent, 
        department, or other instrumentality of the Federal 
        Government or of any State or political subdivision 
        thereof.
          (7) The term ``prospecting'' means any activity, 
        including logistic support, the purpose of which is the 
        identification of mineral resource potential for 
        possible exploration and development.
          (8) The term ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere.

SEC. 4.\4\ PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.

    It \4\ is unlawful for any person to engage in, finance, or 
otherwise knowingly provide assistance to any Antarctic mineral 
resource activity.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 2463. Sec. 202(a) of Public Law 104-227 (110 Stat. 
3044) struck out ``Pending a new agreement among the Antarctic Treaty 
Consultative Parties in force for the United States, to which the 
Senate has given advice and consent or which is authorized by further 
legislation by the Congress, which provides an indefinite ban on 
Antarctic mineral resource activities, it'' and inserted in lieu 
thereof ``It''.
---------------------------------------------------------------------------

SEC. 5.\5\ ENFORCEMENT.

    (a) In General.--A violation of this Act or any regulation 
promulgated under this Act is deemed to be a violation of the 
Antarctic Marine Living Resources Convention Act (16 U.S.C. 
2431-2444) and shall be enforced under that Act by the Under 
Secretary or another Federal official to whom the Under 
Secretary has delegated this responsibility.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 2465. Sec. 202 of Public Law 104-227 (110 Stat. 3044) 
struck out secs. 5 and 7 (formerly at 16 U.S.C. 2464 and 2466, 
respectively) and redesignated sec. 6 as sec. 5. Secs. 5 and 7 had 
provided as follows:
---------------------------------------------------------------------------

``sec. 5. international agreement.
---------------------------------------------------------------------------

    ``(a) It is the sense of Congress that the Secretary of State 
should enter into negotiations with the Antarctic Treaty Consultative 
Parties to conclude one or more new international agreements to--
---------------------------------------------------------------------------

  ``(1) conserve and protect permanently the natural environment of 
Antarctica and its associated and dependent ecosystems;

  ``(2) prohibit or ban indefinitely Antarctic mineral resource activities 
by all parties to the Antarctic Treaty;

  ``(3) grant Antarctica special protective status as a land of science 
dedicated to wilderness protection, international cooperation, and 
scientific research;

  ``(4) ensure that the results of all scientific investigations relating 
to geological processes and structures be made openly available to the 
international scientific community, as required by the Antarctic Treaty; 
and

  ``(5) include other comprehensive measures for the protection of the 
Antarctic environment.
---------------------------------------------------------------------------

    ``(b) It is the sense of Congress that any treaty or other 
international agreement submitted by the President to the Senate for 
its advice and consent to ratification relating to mineral resources or 
activities in Antarctica should be consistent with the purpose and 
provisions of this Act.
---------------------------------------------------------------------------

* * * * * * *

``sec. 7. authorization of appropriations.
---------------------------------------------------------------------------

    ``There are authorized to be appropriated--
---------------------------------------------------------------------------

  ``(1) to the Under Secretary not more than $1,000,000 for each of fiscal 
years 1991 and 1992 to carry out the purposes of this Act; and

  ``(2) to the Secretary of State not more than $500,000 for each of fiscal 
years 1991 and 1992 to carry out section 5 of this Act.''.

    (b) Penalty.--If the Under Secretary determines that a 
person has violated section 4--
          (1) that person shall be ineligible to locate a 
        mining claim under the mining laws of the United 
        States; and
          (2) the Secretary of the Interior shall refuse to 
        issue a patent under the mining laws of the United 
        States, or a lease under the laws of the United States 
        related to mineral or geothermal leasing, to any such 
        person who attempts to perfect such patent or lease 
        application after the Under Secretary has made such 
        determination.
            g. Global Climate Change Prevention Act of 1990

Title XXIV of Public Law 101-624 [Food, Agriculture, Conservation, and 
Trade Act of 1990; S. 2830], 104 Stat. 3359 at 4058, approved November 
    28, 1990; as amended by Public Law 104-127 [Federal Agriculture 
Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved 
    April 4, 1996; and Public Law 107-171 [Farm Security and Rural 
  Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved May 13, 
                                  2002

  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
farm credit, and agricultural research and related programs, to ensure 
consumers an abundance of food and fiber at reasonable prices, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                   TITLE XXIV--GLOBAL CLIMATE CHANGE

SEC. 2401.\1\ SHORT TITLE.

    This title may be cited as the ``Global Climate Change 
Prevention Act of 1990''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 6701 note.
---------------------------------------------------------------------------

SEC. 2402.\2\ GLOBAL CLIMATE CHANGE PROGRAM.

    (a) Establishment.--For the purpose of having within the 
Department of Agriculture a focal point for coordinating all 
issues of climate change, the Secretary of Agriculture 
(hereafter in this title referred to as the ``Secretary'') 
shall establish a Global Climate Change Program (hereafter in 
this section referred to as the ``Program''). The Secretary 
shall designate a director of the Program who shall be 
responsible for carrying out the duties specified in 
subsections (b) and (c).
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 6701.
---------------------------------------------------------------------------
    (b) General Duties.--The Director shall--
          (1) coordinate policy analysis, long range planning, 
        research, and response strategies relating to climate 
        change issues;
          (2) provide liaison with other Federal agencies, 
        through the Office of Science and Technology Policy, 
        regarding issues of climate change;
          (3) inform the Department of scientific developments 
        and policy issues relating to the effects of climate 
        change on agriculture and forestry, including broader 
        issues that affect the impact of climate change on the 
        farms and forests of the United States;
          (4) recommend to the Secretary alternative courses of 
        action with which to respond to such scientific 
        developments and policy issues; and
          (5) ensure that recognition of the potential for 
        climate change is fully integrated into the research, 
        planning, and decisionmaking processes of the 
        Department.
    (c) Specific Responsibilities.--The Director shall--
          (1) coordinate the global climate change studies 
        required by section 2403;
          (2) provide, through such other agencies as the 
        Secretary determines appropriate, competitive grants 
        for research in climatology relating to the potential 
        impact of climate change on agriculture;
          (3) coordinate the participation of the Department in 
        interagency climate-related activities;
          (4) consult with the National Academy of Sciences and 
        private, academic, State, and local groups with respect 
        to climate research and related activities;
          (5) represent the Department to the Office of Science 
        and Technology Policy and coordinate the activities of 
        the Department in response to requirements of this 
        title;
          (6) represent the Department on the Intergovernmental 
        Panel on Climate Change;
          (7) review all Department budget items relating to 
        climate change issues, including specifically the 
        research budget to be submitted by the Secretary to the 
        Office of Science and Technology Policy and the Office 
        of Management and Budget.

SEC. 2403.\3\ STUDY OF GLOBAL CLIMATE CHANGE, AGRICULTURE, AND 
                    FORESTRY.

    (a) Crops.--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 6702.
---------------------------------------------------------------------------
          (1) In general.--The Secretary shall study the 
        effects of global climate change on agriculture and 
        forestry. The study shall, at a minimum address--
                  (A) the effects of simultaneous increases in 
                temperature and carbon dioxide on crops of 
                economic significance;
                  (B) the effects of more frequent or more 
                severe weather events on such crops;
                  (C) the effects of potential changes in 
                hydrologic regimes on current crops yields;
                  (D) the economic effects of widespread and 
                increased drought frequency in the south, 
                midwest, and plains States; and
                  (E) changes in pest problems due to higher 
                temperatures.
          (2) Further studies.--If the results of the study 
        conducted under paragraph (1) warrant, the Secretary 
        shall conduct further studies that address the means of 
        mitigating the effects of global climate change on 
        crops of economic significance that shall, at a 
        minimum--
                  (A) identify whether climate change tolerance 
                can be bred into these crops, the amount of 
                time necessary for any such breeding, and the 
                effects on the income of farmers;
                  (B) evaluate existing genetic resource and 
                breeding programs for crops for their ability 
                to develop new varieties that can tolerate 
                potential climate changes; and
                  (C) assess the potential for the development 
                of crop varieties that are tolerant to climate 
                changes and other environmental stresses, such 
                as drought, pests, and salinity.
    (b) Forests.--The Secretary shall conduct a study on the 
emissions of methane, nitrous oxide, and hydrocarbons from 
tropical and temperate forests, the manner in which such 
emissions may affect global climate change; the manner in which 
global climate change may affect such emissions; and the manner 
in which such emissions may be reduced through management 
practices. The study shall, at a minimum--
          (1) obtain measurements of nitrous oxide, methane, 
        and nonmethane hydrocarbons from tropical and temperate 
        forests;
          (2) determine the manner in which the nitrous oxide, 
        methane, and nonmethane hydrocarbon emissions from 
        temperate and tropical forest systems will respond due 
        to climate change; and
          (3) identify and address alternative management 
        strategies for temperate and tropical forests that may 
        mitigate any negative effects of global climate change.
    (c) Reports.--The Secretary shall submit reports of the 
studies conducted under subsections (a) and (b) within 3 and 6 
years, respectively, after the date of enactment of this Act to 
the Committee on Agriculture and the Committee on Science, 
Space, and Technology \4\ of the House of Representatives, and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate. In addition, interim reports regarding such studies 
shall be provided by the Secretary to such Committees annually, 
with recommendations for actions which may be taken to mitigate 
the negative effects of global climate change and to adapt to 
global climate changes and related phenomenon.
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Science, Space, and Technology of 
the House of Representatives shall be treated as referring to the 
Committee on Science of the House of Representatives.
---------------------------------------------------------------------------

SEC. 2404.\5\ * * * [REPEALED--1996]

SEC. 2405.\6\ OFFICE OF INTERNATIONAL FORESTRY.

    (a) Establishment.--The Secretary, acting through the Chief 
of the Forest Service, shall establish an Office of 
International Forestry within the Forest Service within six 
months after the date of enactment of this Act.
---------------------------------------------------------------------------
    \5\ Formerly at 7 U.S.C. 6703. Sec. 868 of Public Law 104-127 (110 
Stat. 1175) repealed sec. 2404, which had established a technical 
advisory committee to provide advice to the Secretary of Agriculture 
concerning the major study areas required under title XXIV of this Act.
    \6\ 7 U.S.C. 6704.
---------------------------------------------------------------------------
    (b) Deputy Chief Designation.--The Chief shall appoint a 
Deputy Chief for International forestry.
    (c) Duties.--The Deputy Chief shall--
          (1) be responsible for the international forestry 
        activities of the Forest Service;
          (2) coordinate the activities of the Forest Service 
        in implementing the provisions of this title; and
          (3) serve as Forest Service liaison to the director 
        for the program established pursuant to section 2402.
    (d) \7\ Authorization of Appropriations.--There are 
authorized to be appropriate for each of fiscal years 1996 
through 2007 \8\ such sums as are necessary to carry out this 
section.
---------------------------------------------------------------------------
    \7\ Sec. 371 of Public Law 104-127 (110 Stat. 1015) added subsec. 
(d).
    \8\ Sec. 8103 of Public Law 107-171 (116 Stat. 475) struck out 
``2002'' and inserted in lieu thereof ``2007''.
---------------------------------------------------------------------------

SEC. 2406.\9\ LINE ITEM.

    The President's proposed budget to Congress for the first 
fiscal year beginning after the date of enactment of this Act 
and for each subsequent fiscal year shall specifically identify 
funds to be spent on Forest Service international cooperation 
and assistance.
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 6705.
---------------------------------------------------------------------------

SEC. 2407.\10\ INSTITUTES OF TROPICAL FORESTRY.

    The Secretary is authorized and directed to establish an 
Institute of Tropical Forestry in Puerto Rico and the Institute 
of Pacific Islands Forestry (hereafter in this section referred 
to as the ``Institutes''). The Institutes shall conduct 
research on forest management and natural resources that shall 
include--
---------------------------------------------------------------------------
    \10\ 7 U.S.C. 6706.
---------------------------------------------------------------------------
          (1) management and development of tropical forests;
          (2) the relationship between climate change and 
        tropical forests;
          (3) threatened and endangered species;
          (4) recreation and tourism;
          (5) development of tropical forest resources on a 
        sustained yield basis;
          (6) techniques to monitor the health and productivity 
        of tropical forests;
          (7) tropical forest regeneration and restoration; and
          (8) the effects of tropical deforestation on 
        biodiversity, global climate, wildlife, soils, and 
        water.

SEC. 2408.\11\ THE FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING 
                    ACT OF 1974. * * *
---------------------------------------------------------------------------

    \11\ Sec. 2408 amended the Forest and Rangeland Renewable Resources 
Planning Act of 1974 at 16 U.S.C. 1601(a) and 1602.
---------------------------------------------------------------------------

SEC. 2409.\12\ URBAN FORESTRY DEMONSTRATION PROJECTS.

    The Secretary is authorized to undertake, through the 
Forest Service's Northeastern Area State and Private Forestry 
program, a study and pilot implementation project to 
demonstrate the benefits of retaining and integrating forests 
in urban development. The focus of such a study and 
implementation project should be to protect the environment and 
associated natural resource values, for current and future 
generations.
---------------------------------------------------------------------------
    \12\ 7 U.S.C. 6707.
---------------------------------------------------------------------------

SEC. 2410.\13\ BIOMASS ENERGY DEMONSTRATION PROJECTS.

    The Secretary, in consultation with the Secretary of 
Energy, may carry out projects that demonstrate the potential 
of short-rotation silvicultural methods to produce wood for 
electricity production and industrial energy needs, In carrying 
out such projects, the Secretary shall cooperate with private 
industries, Federal and State agencies, and other 
organizations.
---------------------------------------------------------------------------
    \13\ 7 U.S.C. 6708.
---------------------------------------------------------------------------

SEC. 2411.\14\ INTERAGENCY COOPERATION TO MAXIMIZE BIOMASS GROWTH.

    The Secretary may enter into an agreement with the 
Secretary of Defense to--
---------------------------------------------------------------------------
    \14\ 7 U.S.C. 6709.
---------------------------------------------------------------------------
          (1) conduct a study of reforestation and improved 
        management of Department of Defense military 
        installations and lands; and
          (2) develop a program to manage such forest and lands 
        so as to maximize their potential for biomass growth 
        and sequestering carbon dioxide.

SEC. 2412.\15\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1991 through 1997,\16\ 
to carry out this title.
---------------------------------------------------------------------------
    \15\ 7 U.S.C. 6710.
    \16\ Sec. 843 of Public Law 104-127 (110 Stat. 1170) struck out 
``1996'' and inserted in lieu thereof ``1997''.
                 h. Global Change Research Act of 1990

Partial text of Public Law 101-606 [Global Change Research Act of 1990; 
          S. 169], 104 Stat. 3096, approved November 16, 1990

AN ACT To require the establishment of a United States Global Research 
    Program aimed at understanding and responding to global change, 
   including the cumulative effects of human activities and natural 
      processes on the environment, to promote discussions toward 
   international protocols in global change research, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Global Change Research Act 
of 1990''.
---------------------------------------------------------------------------
    \1\ 15 U.S.C. 2921 note.
---------------------------------------------------------------------------

SEC. 2.\2\ DEFINITIONS.

    As used in this Act, the term--
---------------------------------------------------------------------------
    \2\ 15 U.S.C. 2921.
---------------------------------------------------------------------------
          (1) ``Committee'' means the Committee on Earth and 
        Environmental Sciences established under section 102;
          (2) ``Council'' means the Federal Coordinating 
        Council on Science, Engineering, and Technology;
          (3) ``global change'' means changes in the global 
        environment (including alterations in climate, land 
        productivity, oceans or Other water resources, 
        atmospheric chemistry, and ecological systems) that may 
        alter the capacity of the Earth to sustain life;
          (4) ``global change research'' means study, 
        monitoring, assessment, prediction, and information 
        management activities to describe and understand--
                  (A) the interactive physical, chemical, and 
                biological processes that regulate the total 
                Earth system;
                  (B) the unique environment that the Earth 
                provides for life;
                  (C) changes that are occurring in the Earth 
                system; and
                  (D) the manner in which such system, 
                environment, and changes are influenced by 
                human actions;
          (5) ``Plan'' means the National Global Change 
        Research Plan developed under section 104, or any 
        revision thereof; and
          (6) ``Program'' means the United States Global Change 
        Research Program established under section 103.

         TITLE I--UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM

SEC. 101.\3\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \3\ 15 U.S.C. 2931.
---------------------------------------------------------------------------
          (1) Industrial, agricultural, and other human 
        activities, coupled with an expanding world population, 
        are contributing to processes of global change that may 
        significantly alter the Earth habitat within a few 
        human generations.
          (2) Such human-induced changes, in conjunction with 
        natural fluctuations, may lead to significant global 
        warming and thus alter world climate patterns and 
        increase global sea levels. Over the next century, 
        these consequences could adversely affect world 
        agricultural and marine production, coastal 
        habitability, biological diversity, human health, and 
        global economic and social well-being.
          (3) The release of chlorofluorocarbons and other 
        stratospheric ozone-depleting substances is rapidly 
        reducing the ability of the atmosphere to screen out 
        harmful ultraviolet radiation, which could adversely 
        affect human health and ecological systems.
          (4) Development of effective policies to abate, 
        mitigate, and cope with global change will rely on 
        greatly improved scientific understanding of global 
        environmental processes and on our ability to 
        distinguish human-induced from natural global change.
          (5) New developments in interdisciplinary Earth 
        sciences, global observing systems, and computing 
        technology make possible significant advances in the 
        scientific understanding and prediction of these global 
        changes and their effects.
          (6) Although significant Federal global change 
        research efforts are underway, an effective Federal 
        research program will require efficient interagency 
        coordination, and coordination with the research 
        activities of State, private, and international 
        entities.
    (b) Purpose.--The purpose of this title is to provide for 
development and coordination of a comprehensive and integrated 
United States research program which will assist the Nation and 
the world to understand, assess, predict, and respond to human-
induced and natural processes of global change.

SEC. 102.\4\ COMMITTEE ON EARTH AND ENVIRONMENTAL SCIENCES.

    (a) Establishment.--The President, through the Council, 
shall establish a Committee on Earth and Environmental 
Sciences. The Committee shall carry out Council functions under 
section 401 of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6651) 
relating to global change research, for the purpose of 
increasing the overall effectiveness and productivity of 
Federal global change research efforts.
---------------------------------------------------------------------------
    \4\ 15 U.S.C. 2932.
---------------------------------------------------------------------------
    (b) Membership.--The Committee shall consist of at least 
one representative from--
          (1) the National Science Foundation;
          (2) the National Aeronautics and Space 
        Administration;
          (3) the National Oceanic and Atmospheric 
        Administration of the Department of Commerce;
          (4) the Environmental Protection Agency;
          (5) the Department of Energy;
          (6) the Department of State;
          (7) the Department of Defense;
          (8) the Department of the Interior;
          (9) the Department of Agriculture;
          (10) the Department of Transportation;
          (11) the Office of Management and Budget;
          (12) the Office of Science and Technology Policy;
          (13) the Council on Environmental Quality;
          (14) the National Institute of Environmental Health 
        Sciences of the National Institutes of Health; and
          (15) such other agencies and departments of the 
        United States as the President or the Chairman of the 
        Council considers appropriate.
Such representatives shall be high ranking officials of their 
agency or department, wherever possible the head of the portion 
of that agency or department that is most relevant to the 
purpose of the title described in section 101(b).
    (c) Chairperson.--The Chairman of the Council, in 
consultation with the Committee, biennially shall select one of 
the Committee members to serve as Chairperson. The Chairperson 
shall be knowledgeable and experienced with regard to the 
administration of scientific research programs, and shall be a 
representative of an agency that contributes substantially, in 
terms of scientific research capability and budget, to the 
Program.
    (d) Support Personnel.--An Executive Secretary shall be 
appointed by the Chairperson of the Committee, with the 
approval of the Committee. The Executive Secretary shall be a 
permanent employee of one of the agencies or departments 
represented on the Committee, and shall remain in the employ of 
such agency or department. The Chairman of the Council shall 
have the authority to make personnel decisions regarding any 
employees detailed to the Council for purposes of working on 
business of the Committee pursuant to section 401 of the 
National Science and Technology Policy, Organization, and 
Priorities Act of 1976 (42 U.S.C. 6651).
    (e) Functions Relative to Global Change.--The Council, 
through the Committee, shall be responsible for planning and 
coordinating the Program. In carrying out this responsibility, 
the Committee shall--
          (1) serve as the forum for developing the Plan and 
        for overseeing its implementation;
          (2) improve cooperation among Federal agencies and 
        departments with respect to global change research 
        activities;
          (3) provide budgetary advice as specified in section 
        105;
          (4) work with academic, State, industry, and other 
        groups conducting global change research, to provide 
        for periodic public and peer review of the Program;
          (5) cooperate with the Secretary of State in--
                  (A) providing representation at international 
                meetings and conferences on global change 
                research in which the United States 
                participates; and
                  (B) coordinating the Federal activities of 
                the United States with programs of other 
                nations and with international global change 
                research activities such as the International 
                Geosphere-Biosphere Program;
          (6) consult with actual and potential users of the 
        results of the Program to ensure that such results are 
        useful in developing national and international policy 
        responses to global change; and
          (7) report at least annually to the President and the 
        Congress, through the Chairman of the Council, on 
        Federal global change research priorities, policies, 
        and programs.

SEC. 103.\5\ UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM.

    The President shall establish an interagency United States 
Global Change Research Program to improve understanding of 
global change. The Program shall be implemented by the Plan 
developed under section 104.
---------------------------------------------------------------------------
    \5\ 15 U.S.C. 2933.
---------------------------------------------------------------------------

SEC. 104.\6\ NATIONAL GLOBAL CHANGE RESEARCH PLAN.

    (a) In General.--The Chairman of the Council, through the 
Committee, shall develop a National Global Change Research Plan 
for implementation of the Program. The Plan shall contain 
recommendations for national global change research. The 
Chairman of the Council shall submit the Plan to the Congress 
within one year after the date of enactment of this title, and 
a revised Plan shall be submitted at least once every three 
years thereafter.
---------------------------------------------------------------------------
    \6\ 15 U.S.C. 2934.
---------------------------------------------------------------------------
    (b) Contents of the Plan.--The Plan shall--
          (1) establish, for the 10-year period beginning in 
        the year the Plan is submitted, the goals and 
        priorities for Federal global change research which 
        most effectively advance scientific understanding of 
        global change and provide usable information on which 
        to base policy decisions relating to global change;
          (2) describe specific activities, including research 
        activities, data collection and data analysis 
        requirements, predictive modeling, participation in 
        international research efforts, and information 
        management, required to achieve such goals and 
        priorities;
          (3) identify and address, as appropriate, relevant 
        programs and activities of the Federal agencies and 
        departments represented on the Committee that 
        contribute to the Program;
          (4) set forth the role of each Federal agency and 
        department in implementing the Plan;
          (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies and departments, 
        the National Research Council, or other entities;
          (6) make recommendations for the coordination of the 
        global change research activities of the United States 
        with such activities of other nations and international 
        organizations, including--
                  (A) a description of the extent and nature of 
                necessary international cooperation;
                  (B) the development by the Committee, in 
                consultation when appropriate with the National 
                Space Council, of proposals for cooperation on 
                major capital projects;
                  (C) bilateral and multilateral proposals for 
                improving worldwide access to scientific data 
                and information; and
                  (D) methods for improving participation in 
                international global change research by 
                developing nations; and
          (7) estimate, to the extent practicable, Federal 
        funding for global change research activities to be 
        conducted under the Plan.
    (c) Research Elements.--The Plan shall provide for, but not 
be limited to, the following research elements:
          (1) Global measurements, establishing worldwide 
        observations necessary to understand the physical, 
        chemical, and biological processes responsible for 
        changes in the Earth system on all relevant spatial and 
        time scales.
          (2) Documentation of global change, including the 
        development of mechanisms for recording changes that 
        will actually occur in the Earth system over the coming 
        decades.
          (3) Studies of earlier changes in the Earth system, 
        using evidence from the geological and fossil record.
          (4) Predictions, using quantitative models of the 
        Earth system to identify and simulate global 
        environmental processes and trends, and the regional 
        implications of such processes and trends.
          (5) Focused research initiatives to understand the 
        nature of and interaction among physical, chemical, 
        biological, and social processes related to global 
        change.
    (d) Information Management.--The Plan shall provide 
recommendations for collaboration within the Federal Government 
and among nations to--
          (1) establish, develop, and maintain information 
        bases, including necessary management systems which 
        will promote consistent, efficient, and compatible 
        transfer and use of data;
          (2) create globally accessible formats for data 
        collected by various international sources; and
          (3) combine and interpret data from various sources 
        to produce information readily usable by policymakers 
        attempting to formulate effective strategies for 
        preventing, mitigating, and adapting to the effects of 
        global change.
    (e) National Research Council Evaluation.--The Chairman of 
the Council shall enter into an agreement with the National 
Research Council under which the National Research Council 
shall--
          (1) evaluate the scientific content of the Plan; and
          (2) provide information and advice obtained from 
        United States and international sources, and 
        recommended priorities for future global change 
        research.
    (f) Public Participation.--In developing the Plan, the 
Committee shall consult with academic, State, industry, and 
environmental groups and representatives. Not later than 90 
days before the Chairman of the Council submits the Plan, or 
any revision thereof, to the Congress, a summary of the 
proposed Plan shall be published in the Federal Register for a 
public comment period of not less than 60 days.

SEC. 105.\7\ BUDGET COORDINATION.

    (a) Committee Guidance.--The Committee shall each year 
provide general guidance to each Federal agency or department 
participating in the Program with respect to the preparation of 
requests for appropriations for activities related to the 
Program.
---------------------------------------------------------------------------
    \7\ 15 U.S.C. 2935.
---------------------------------------------------------------------------
    (b) Submission of Reports With Agency Appropriations 
Requests.--(1) Working in conjunction with the Committee, each 
Federal agency or department involved in global change research 
shall include with its annual request for appropriations 
submitted to the President under section 1108 of title 31, 
United States Code, a report which--
          (A) identifies each element of the proposed global 
        change research activities of the agency or department;
          (B) specifies whether each element (i) contributes 
        directly to the Program or (ii) contributes indirectly 
        but in important ways to the Program; and
          (C) states the portion of its request for 
        appropriations allocated to each element of the 
        Program.
    (2) Each agency or department that submits a report under 
paragraph (1) shall submit such report simultaneously to the 
Committee.
    (c) Consideration in President's Budget.--(1) The President 
shall, in a timely fashion, provide the Committee with an 
opportunity to review and comment on the budget estimate of 
each agency and department involved in global change research 
in the context of the Plan.
    (2) The President shall identify in each annual budget 
submitted to the Congress under section 1105 of title 31, 
United States Code, those items in each agency's or 
department's annual budget which are elements of the Program.

SEC. 106.\8\ SCIENTIFIC ASSESSMENT.

    On a periodic basis (not less frequently than every 4 
years), the Council, through the Committee, shall prepare and 
submit to the President and the Congress an assessment which--
---------------------------------------------------------------------------
    \8\ 15 U.S.C. 2936.
---------------------------------------------------------------------------
          (1) integrates, evaluates, and interprets the 
        findings of the Program and discusses the scientific 
        uncertainties associated with such findings;
          (2) analyzes the effects of global change on the 
        natural environment, agriculture, energy production and 
        use, land and water resources, transportation, human 
        health and welfare, human social systems, and 
        biological diversity; and
          (3) analyzes current trends in global change, both 
        human-inducted \9\ and natural, and projects major 
        trends for the subsequent 25 to 100 years.
---------------------------------------------------------------------------
    \9\ So in original. Probably should read ``human-induced''.
---------------------------------------------------------------------------

SEC. 107.\10\ ANNUAL REPORT.

    (a) General.--Each year at the time of submission to the 
Congress of the President's budget, the Chairman of the Council 
shall submit to the Congress a report on the activities 
conducted by the Committee pursuant to this title, including--
---------------------------------------------------------------------------
    \10\ 15 U.S.C. 2937. This reporting requirement terminated as of 
May 15, 2000, pursuant to sec. 3003 of Public Law 104-66 (109 Stat. 
734).
---------------------------------------------------------------------------
          (1) a summary of the achievements of the Program 
        during the period covered by the report and of 
        priorities for future global change research;
          (2) an analysis of the progress made toward achieving 
        the goals of the Plan;
          (3) expenditures required by each agency or 
        department for carrying out its portion of the Program, 
        including--
                  (A) the amounts spent during the fiscal year 
                most recently ended;
                  (B) the amounts expected to be spent during 
                the current fiscal year; and
                  (C) the amounts requested for the fiscal year 
                for which the budget is being submitted.
    (b) Recommendations.--The report required by subsection (b) 
shall include recommendations by the President concerning--
          (1) changes in agency or department roles needed to 
        improve implementation of the Plan; and
          (2) additional legislation which may be required to 
        achieve the purposes of this title.

SEC. 108.\11\ RELATION TO OTHER AUTHORITIES.

    (a) National Climate Program Research Activities.--The 
President, the Chairman of the Council, and the Secretary of 
Commerce shall ensure that relevant research activities of the 
National Climate Program, established by the National Climate 
Program Act (15 U.S.C. 2901 et seq.), are considered in 
developing national global change research efforts.
---------------------------------------------------------------------------
    \11\ 15 U.S.C. 2938.
---------------------------------------------------------------------------
    (b) Availability of Research Findings.--The President, the 
Chairman of the Council, and the heads of the agencies and 
departments represented on the Committee, shall ensure that the 
research findings of the Committee, and of Federal agencies and 
departments, are available to--
          (1) the Environmental Protection Agency for use in 
        the formulation of a coordinated national policy on 
        global climate change pursuant to section 1103 of the 
        Global Climate Protection Act of 1987 (15 U.S.C. 2901 
        note); and
          (2) all Federal agencies and departments for use in 
        the formulation of coordinated national policies for 
        responding to human-induced and natural processes of 
        global change pursuant to other statutory 
        responsibilities and obligations.
    (c) Effect on Federal Response Actions.--Nothing in this 
title shall be construed, interpreted, or applied to preclude 
or delay the planning or implementation of any Federal action 
designed, in whole or in part, to address the threats of 
stratospheric ozone depletion or global climate change.

   TITLE II--INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH \12\

          * * * * * * *
---------------------------------------------------------------------------
    \12\ For title II, the International Cooperation in Global Change 
Research Act of 1990, see page 572.
---------------------------------------------------------------------------

                  TITLE III--GROWTH DECISION AID \13\

          * * * * * * *
---------------------------------------------------------------------------
    \13\ Title III commissioned a U.S. study on the ``implications and 
potential consequences of growth and development on urban, suburban, 
and rural communities'', to be conducted by the Secretary of Commerce. 
For text, see 15 U.S.C. 2961 (104 Stat. 3104).
         i. Clean Air Act Amendments--International Provisions

 Partial text of Public Law 101-549 [Clean Air Act Amendments of 1990; 
          S. 1630], 104 Stat. 2399, approved November 15, 1990

    AN ACT To amend the Clean Air Act to provide for attainment and 
     maintenance of health protective national ambient air quality 
                   standards, and for other purposes.

          * * * * * * *

                   TITLE IV--ACID DEPOSITION CONTROL

          * * * * * * *

SEC. 408.\1\ MONITOR ACID RAIN PROGRAM IN CANADA.

    (a) Reports to Congress.--The Administrator of the 
Environmental Protection Agency, in consultation with the 
Secretary of State, the Secretary of Energy, and other persons 
the Administrator deems appropriate, shall prepare and submit a 
report to Congress on January 1, 1994, January 1, 1999, and 
January 1, 2005.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 7651 note.
---------------------------------------------------------------------------
    (b) Contents.--The report to Congress shall analyze the 
current emission levels of sulfur dioxide and nitrogen oxides 
in each of the provinces participating in Canada's acid rain 
control program the amount of emission reductions of sulfur 
dioxide and oxides of nitrogen achieved by each province, the 
methods utilized by each province in making those reductions, 
the costs to each province and the employment impacts in each 
province of making and maintaining those reductions.
    (c) Compliance.--Beginning on January 1, 1999, the reports 
shall also assess the degree to which each province is 
complying with its stated emissions cap.

SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES.

    The Secretary of Energy in consultation with the Secretary 
of Commerce shall provide a report to the Congress within one 
year of enactment of this legislation which will identify, 
inventory and analyze clean coal technologies export programs 
within United States Government agencies including the 
Departments of Commerce and Energy and at the Export-Import 
Bank and the Overseas Private Investment Corporation. The study 
shall address the effectiveness of interagency coordination of 
export promotion and determine the feasibility of establishing 
an interagency commission for the purpose of promoting the 
export and use of clean coal technologies.
          * * * * * * *

                TITLE VI--STRATOSPHERIC OZONE PROTECTION

          * * * * * * *

SEC. 602. STRATOSPHERIC OZONE PROTECTION.

    (a) New Title VI.--The Clean Air Act is amended by adding 
the following new title after title V:

               ``TITLE VI--STRATOSPHERIC OZONE PROTECTION

          * * * * * * *

``SEC. 617.\2\ INTERNATIONAL COOPERATION.
---------------------------------------------------------------------------

    \2\ 42 U.S.C. 7671p.
---------------------------------------------------------------------------
    ``(a) In General.--The President shall undertake to enter 
into international agreements to foster cooperative research 
which complements studies and research authorized by this 
title, and to develop standards and regulations which protect 
the stratosphere consistent with regulations applicable within 
the United States. For these purposes the President through the 
Secretary of State and the Assistant Secretary of State for 
Oceans and International Environmental and Scientific Affairs, 
shall negotiate multilateral treaties, conventions, 
resolutions, or other agreements, and formulate, present, or 
support proposals at the United Nations and other appropriate 
international forums and shall report to the Congress 
periodically on efforts to arrive at such agreements.
    ``(b) Assistance to Developing Countries.--The 
Administrator in consultation with the Secretary of State, 
shall support global participation in the Montreal Protocol by 
providing technical and financial assistance to developing 
countries that are Parties to the Montreal Protocol and 
operating under article 5 of the Protocol. There are authorized 
to be appropriated not more than $30,000,000 to carry out this 
section in fiscal years 1991, 1992 and 1993 and such sums as 
may be necessary in fiscal years 1994 and 1995. If China and 
India become Parties to the Montreal Protocol, there are 
authorized to be appropriated not more than an additional 
$30,000,000 to carry out this section in fiscal years 1991, 
1992, and 1993.''.
          * * * * * * *

                  TITLE VIII--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 811.\3\ EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 7612 note.
---------------------------------------------------------------------------
          (1) all nations have the responsibility to adopt and 
        enforce effective air quality standards and 
        requirements and the United Stats, in enacting this 
        Act, is carrying out is responsibility in this regard;
          (2) as a result of complying with this Act, 
        businesses in the United States will make significant 
        capital investments and incur incremental costs in 
        implementing control technology standards;
          (3) such compliance may impair the competitiveness of 
        certain United States jobs, production, processes, and 
        products if foreign goods are produced under less 
        costly environmental standards and requirements than 
        are United States goods; and
          (4) mechanisms should be sought through which the 
        United States and its trading partners can agree to 
        eliminate or reduce competitive disadvantages.
    (b) Action by the President.--
          (1) In general.--Within 18 months after the date of 
        the enactment of the Clean Air Act Amendments of 1990, 
        the President shall submit to the Congress a report--
                  (A) identifying and evaluating the economic 
                effects of--
                          (i) the significant air quality 
                        standards and controls required under 
                        this Act, and
                          (ii) the differences between the 
                        significant standards and controls 
                        required under this Act and similar 
                        standards and controls adopted and 
                        enforced by the major trading partners 
                        of the United States,
                on the international competitiveness of United 
                Stats manufacturers; and
                  (B) containing a strategy for addressing such 
                economic effects through trade consultations 
                and negotiations.
          (2) Additional reporting requirements.--(A) The 
        evaluation required under paragraph (1)(A) shall 
        examine the extent to which the significant air quality 
        standards and controls required under this Act are 
        comparable to existing internationally-agreed norms.
          (B) The strategy required to be developed under 
        paragraph (1)(B) shall include recommended options 
        (such as the harmonization of standards and trade 
        adjustment measures) for reducing or eliminating 
        competitive disadvantages caused by differences in 
        standards and controls between the United States and 
        each of its major trading partners.
          (3) Public comment.--Interested parties shall be 
        given an opportunity to submit comments regarding the 
        evaluations and strategy required in the report under 
        paragraph (1). The President shall take any such 
        comment unto account in preparing the report.
          (4) Interim report.--Within 9 months after the date 
        of the enactment of the Clean Air Act Amendments of 
        1990, the President shall submit to the Congress an 
        interim report on the progress being made in complying 
        with paragraph (1).
          * * * * * * *

SEC. 815.\4\ ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR 
                    QUALITY IN REGIONS ALONG THE BORDER BETWEEN THE 
                    UNITED STATES AND MEXICO.

    (a) In General.--The Administrator of the Environmental 
Protection Agency (hereinafter referred to as the 
``Administrator'') is authorized, in cooperation with the 
Department of State and the affected States, to negotiate with 
representatives of Mexico to authorize a program to monitor and 
improve air quality in regions along the border between the 
United States and Mexico. The program established under this 
section shall not extend beyond July 1, 1995.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 7509a note.
---------------------------------------------------------------------------
    (b) Monitoring and Remediation.--
          (1) Monitoring.--The monitoring component of the 
        program conducted under this section shall identify and 
        determine sources of pollutants for which national 
        ambient air quality standards (hereinafter referred to 
        as ``NAAQS'') and other air quality goals have been 
        established in regions along the border between the 
        United States and Mexico. any such monitoring component 
        of the program shall include, but not be limited to, 
        the collection of meteorological data, the measurement 
        of air quality, the compilation of an emissions 
        inventory, and shall be sufficient to the extent 
        necessary to successfully support the use of a state-
        of-the-art mathematical air modeling analysis. Any such 
        monitoring component of the program shall collect and 
        produce data projecting the level of emission 
        reductions necessary in both Mexico and the United 
        States to bring about attainment of both primary and 
        secondary NAAQS, and other air quality goals in regions 
        along the border in the United States. any such 
        monitoring component of the program shall include to 
        the extent possible, data from monitoring programs 
        undertaken by other parties.
          (2) Remediation.--The Administrator is authorized to 
        negotiate with appropriate representatives of Mexico to 
        develop joint remediation measures to reduce the level 
        of airborne pollutants to achieve and maintain primary 
        and secondary NAAQS, and other air quality goals, in 
        regions along the border between the United States and 
        Mexico. Such joint remediation measures may include, 
        but not be limited to measures included in the 
        Environmental Protection Agency's Control Techniques 
        and Control Technology documents. Any such remediation 
        program shall also identify those control measures 
        implementation of which in Mexico would be expedited by 
        the use of material and financial assistance of the 
        United States.
    (c) Annual Reports.--The Administrator shall, each year the 
program authorized in this section is in operation, report to 
Congress on the progress of the program in bringing 
nonattainment areas along the border of the United States into 
attainment with primary and secondary NAAQS. The report issued 
by the Administrator under this paragraph shall include 
recommendations on funding mechanisms to assist in 
implementation of monitoring and remediation efforts.
    (d) Funding and Personnel.--The Administrator may, where 
appropriate, make available, subject to the appropriations, 
such funds, personnel, and equipment as may be necessary to 
implement the provisions of this section. In those cases where 
direct financial assistance of the United States is provided to 
implement monitoring and remediation programs in Mexico, the 
Administrator shall develop grant agreements with appropriate 
representatives of Mexico to assure the accuracy and 
completeness of monitoring data and the performance of 
remediation measures which are financed by the United States. 
With respect to any control measures within Mexico funded by 
the United States, the Administrator shall, to the maximum 
extent practicable, utilize resources of Mexico where such 
utilization would reduce costs to the United States. Such 
funding agreements shall include authorization for the 
Administrator to--
          (1) review and agree to plans for monitoring and 
        remediation;
          (2) inspect premises, equipment and records to insure 
        compliance with the agreements established under and 
        the purposes set forth in this section; and
          (3) where necessary, develop grant agreements with 
        affected States to carry out the provisions of this 
        section.
          * * * * * * *
    j. Forest Resources Conservation and Shortage Relief Act of 1990

 Partial text of title IV of Public Law 101-382 [Customs and Trade Act 
of 1990; H.R. 1594], 104 Stat. 629 at 714, approved August 20, 1990; as 
    amended by Public Law 103-45 [Forest Resources Conservation and 
  Shortage Relief Amendments Act of 1993; H.R. 2343], 107 Stat. 223, 
 approved July 1, 1993; and Public Law 106-36 [Miscellaneous Trade and 
 Technical Corrections Act of 1999; H.R. 435], 113 Stat. 127, approved 
                             June 25, 1999

  AN ACT To make miscellaneous and technical changes to various trade 
                                 laws.

          * * * * * * *

                TITLE IV--EXPORTS OF UNPROCESSED TIMBER

SEC. 487.\1\ SHORT TITLE.

    This title may be cited as the ``Forest Resources 
Conservation and Shortage Relief Act of 1990''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 620 note.
---------------------------------------------------------------------------

SEC. 488.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 620.
---------------------------------------------------------------------------
          (1) Timber is essential to the United States.
          (2) Forests, forest resources, and the forest 
        environment are exhaustible natural resources that 
        require efficient and effective conservation efforts.
          (3) In the interest of conserving those resources, 
        the United States has set aside millions of acres of 
        otherwise harvestable timberlands in the western United 
        States, representing well over 100,000,000,000 board 
        feet of otherwise harvestable timber.
          (4) In recent years, administrative, statutory, or 
        judicial action had been taken to set aside an 
        increased amount of otherwise harvestable timberlands 
        for conservation purposes.
          (5) In the next few months and years, additional 
        amounts of otherwise harvestable timberlands may be set 
        aside for conservation purposes, pursuant to the 
        Endangered Species Act of 1973, the National Forest 
        Management Act of 1976, or other expected statutory, 
        administrative, and judicial actions.
          (6) There is evidence there is a shortfall in the 
        supply of unprocessed timber in the western United 
        States.
          (7) There is reason to believe that any shortfall 
        which may already exist may worsen unless action is 
        taken,
          (8) In conjunction with the broad conservation 
        actions expected in the next few months and years, 
        conservation action is necessary with respect to 
        exports of unprocessed timber.
    (b) Purposes.--The purposes of this title are--
          (1) to promote the conservation of forest resources 
        in conjunction with State and Federal resources 
        management plans, and other actions or decisions, 
        affecting the use of forest resources.
          (2) to take action essential for the acquisition and 
        distribution of forest resources or products in short 
        supply in the western United States;
          (3) to take action necessary, to meet the goals of 
        Article XI 2.(a) of the GATT 1994 (as defined in 
        section 3501(1)(B) of title 19),\3\ to ensure 
        sufficient supplies of certain forest resources or 
        products which are essential to the United States;
---------------------------------------------------------------------------
    \3\ Sec. 1002(a)(1)(A) of the Miscellaneous Trade and Technical 
Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out 
``General Agreement on Tariffs and Trade'' and inserted in lieu thereof 
``GATT 1994 (as defined in section 3501(1)(B) of title 19)''.
---------------------------------------------------------------------------
          (4) to continue and refine the existing Federal 
        policy of restricting the export of unprocessed timber 
        harvested from Federal lands in the western United 
        States; and
          (5) to effect measures aimed at meeting these 
        objectives in conformity with the obligations of the 
        United States under the WTO Agreement and the 
        multilateral trade agreements (as such terms are 
        defined in paragraphs (9) and (4), respectively, of 
        section 3501 of title 19).\4\
---------------------------------------------------------------------------
    \4\ Sec. 1002(a)(1)(B) of the Miscellaneous Trade and Technical 
Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out 
``General Agreement on Tariffs and Trade'' and inserted in lieu thereof 
``WTO Agreement and the multilateral trade agreements (as such terms 
are defined in paragraphs (9) and (4), respectively, of section 3501 of 
title 19)''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 491.\5\ RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE 
                    AND OTHER PUBLIC LANDS.
---------------------------------------------------------------------------

    \5\ 16 U.S.C. 620c. Sec. 2(3) of Public Law 103-45 (107 Stat. 224) 
redesignated subsecs. (e) through (j) of this section as subsecs. (g) 
through (l), respectively.
---------------------------------------------------------------------------
          * * * * * * *
    (f) \6\ Western Red Cedar.--Nothing in this section shall 
be construed to supersede section 7(i) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2406(i)).
---------------------------------------------------------------------------
    \6\ Sec. 2(4) of Public Law 103-45 (107 Stat. 224) added subsec. 
(f).
---------------------------------------------------------------------------
    (g) \5\ Presidential Authority.--The President is 
authorized, after suitable notice and a public comment period 
of not less than 120 days, to suspend the provisions of this 
section if a panel of experts has reported to the Dispute 
Settlement Body of the World Trade Organization (as the term 
``World Trade Organization'' is defined in section 2(8) of the 
Uruguay Round Agreements Act),\7\ or a ruling issued under the 
formal dispute settlement proceeding provided under any other 
trade agreement finds, that the provisions of this section are 
in violation of, or inconsistent with, United States 
obligations under that trade agreement.
---------------------------------------------------------------------------
    \7\ Sec. 1002(a)(2) of the Miscellaneous Trade and Technical 
Correction Acts of 1999 (Public Law 106-36; 113 Stat. 133) struck out 
``Contracting Parties to the General Agreement on Tariffs and Trade'' 
and inserted in lieu thereof ``Dispute Settlement Body of the World 
Trade Organization (as the term `World Trade Organization' is defined 
in section 2(8) of the Uruguay Round Agreements Act)''.
---------------------------------------------------------------------------
    (h) \5\ Removal or Modifications of State Restrictions.--
Based upon a determination that it is in the national economic 
interest, the President may remove or modify any prohibition on 
exports from public lands in a State if that State petitions 
the President to remove or modify such prohibition.
          * * * * * * *
    (k) \5\ Suspension of Prohibitions.--Notwithstanding any 
other provision of this section, beginning on January 1, 1998, 
and annually thereafter, if the President finds, upon review of 
the purposes and implementation of this title, that the 
prohibitions on exports required by subsection (a) no longer 
promote the purposes of this title, then the President may 
suspend such prohibitions, except that such suspension shall 
not take effect until 90 days after the President notifies the 
Congress of such finding.
    (l) \5\ Existing Authority Not Affected.--Nothing in this 
title shall be construed to limit the authority of the 
President or the United States Trade Representative to take 
action authorized by law to respond appropriately to any 
measures taken by a foreign government in connection with this 
title.
          * * * * * * *

SEC. 498.\8\ EASTERN HARDWOODS STUDY.

    (a) Study.--The Secretary of Commerce, in conjunction with 
the Secretary of Agriculture and the Secretary of the Interior, 
shall conduct a study of the export from the United States, 
during the 2-year period beginning on January 1, 1991, of 
unprocessed hardwood timber harvested from Federal lands or 
public lands east of the 100th meridian. In order to carry out 
the provisions of this section--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 620i.
---------------------------------------------------------------------------
          (1) the Secretary of Commerce shall require each 
        person exporting such timber from the United States to 
        declare, in addition to the information normally 
        required in the Shipper's Export Declarations, the 
        State in which the timber was grown and harvested; and
          (2) the Secretary of Agriculture and the Secretary of 
        the Interior shall ensure that all hardwood saw timber 
        harvested from Federal lands east of the 100th meridian 
        is marked in such a manner as to make it readily 
        identifiable at all times before its manufacture, and 
        shall take such steps as each Secretary considers 
        appropriate to ensure that such markings are not 
        altered or destroyed before manufacturing.
    (b) Report to Congress.--Not later than April 1, 1993, the 
Secretary of Commerce shall submit to the Committees on 
Agriculture, Interior and Insular Affairs, and Foreign Affairs 
\9\ of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report 
describing the volume and value of unprocessed timber grown and 
harvested from Federal lands or public lands east of the 100th 
meridian that is exported from the United States during the 2-
year period beginning on January 1, 1991, the country to which 
such timber is exported, and the State in which such timber was 
grown and harvested.
---------------------------------------------------------------------------
    \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 499.\10\ AUTHORITY OF EXPORT ADMINISTRATION ACT OF 1979.

    Nothing in this title shall be construed to--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 620j.
---------------------------------------------------------------------------
          (1) prejudice the outcome of pending or prospective 
        petitions filed under, or
          (2) warrant the exercise of the authority contained 
        in, section 7 of the Export Administration Act of 1979 
        with respect to the export of unprocessed timber.
          k. Pesticide Monitoring Improvements Act of 1988 \1\

 Partial text of Title IV of Public Law 100-418 [H.R. 4848], 102 Stat. 
                 1107 at 1411, approved August 23, 1988

  AN ACT To enhance the competitiveness of American industry, and for 
                            other purposes.

          * * * * * * *
---------------------------------------------------------------------------
    \1\ This Act may also be found in Legislation on Foreign Relations 
Through 2005, vol. I-B.
---------------------------------------------------------------------------

             Subtitle G--Pesticide Monitoring Improvements

SEC. 4701.\2\ SHORT TITLE.

  This subtitle may be cited as the ``Pesticide Monitoring 
Improvements Act of 1988''.
---------------------------------------------------------------------------
    \2\ 21 U.S.C. 1401 note.
---------------------------------------------------------------------------

SEC. 4702. * * *

SEC. 4703.\3\ FOREIGN PESTICIDE INFORMATION.

  (a) Cooperative Agreements.--The Secretary of Health and 
Human Services shall enter into cooperative agreements with the 
governments of the countries which are the major sources of 
food imports into the United States subject to pesticide 
residue monitoring by the Food and Drug Administration for the 
purpose of improving the ability of the Food and Drug 
Administration to assure compliance with the pesticide 
tolerance requirements of the Federal Food, Drug, and Cosmetic 
Act with regard to imported food.
---------------------------------------------------------------------------
    \3\ 21 U.S.C. 1402.
---------------------------------------------------------------------------
  (b) Information Activities.--
          (1) The cooperative agreements entered into under 
        subsection (a) with governments of foreign countries 
        shall specify the action to be taken by the parties to 
        the agreements to accomplish the purpose described in 
        subsection (a), including the means by which the 
        governments of the foreign countries will provide to 
        the Secretary of Health and Human Services current 
        information identifying each of the pesticides used in 
        the production, transportation, and storage of food 
        products imported from production regions of such 
        countries into the United States.
          (2) In the case of a foreign country with which the 
        Secretary is unable to enter into an agreement under 
        subsection (a) or for which the information provided 
        under paragraph (1) is insufficient to assure an 
        effective pesticide monitoring program, the Secretary 
        shall, to the extent practicable, obtain the 
        information described in paragraph (1) with respect to 
        such country from other Federal or international 
        agencies or private sources.
          (3) The Secretary of Health and Human Services shall 
        assure that appropriate offices of the Food and Drug 
        Administration which are engaged in the monitoring of 
        imported food for pesticide residues receive the 
        information obtained under paragraph (1) or (2).
          (4) The Secretary of Health and Human Services shall 
        make available any information obtained under paragraph 
        (1) or (2) to State agencies engaged in the monitoring 
        of imported food for pesticide residues other than 
        information obtained from private sources the 
        disclosure of which to such agencies is restricted.
  (c) Coordination With Other Agencies.--The Secretary of 
Health and Human Services shall--
          (1) notify in writing the Department of Agriculture, 
        the Environmental Protection Agency, and the Department 
        of State at the initiation of negotiations with a 
        foreign country to develop a cooperative agreement 
        under subsection (a); and
          (2) coordinate the activities of the Department of 
        Health and Human Services with the activities of those 
        departments and agencies, as appropriate, during the 
        course of such negotiations.
  (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Health and Human 
Services shall report to the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Labor and Human 
Resources of the Senate and the House of Representatives on the 
activities undertaken by the Secretary to implement this 
section. The report shall be made available to appropriate 
Federal and State agencies and to interested persons.
          * * * * * * *
                l. Global Climate Protection Act of 1987

  Partial text of Public Law 100-204 [Foreign Relations Authorization 
 Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331 at 1407, 
     approved December 22, 1987; as amended by Public Law 103-199 
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the U.S. Information Agency, the Voice of 
   America, the Board for International Broadcasting, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                TITLE XI--GLOBAL CLIMATE PROTECTION \1\

SEC. 1101. SHORT TITLE.

  This title may be cited as the ``Global Climate Protection 
Act of 1987''.
---------------------------------------------------------------------------
    \1\ 15 U.S.C. 2901 note.
---------------------------------------------------------------------------

SEC. 1102. FINDINGS.

  The Congress finds as follows:
          (1) There exists evidence that manmade pollution--the 
        release of carbon dioxide, chlorofluorocarbons, 
        methane, and other trace gases into the atmosphere--may 
        be producing a long-term and substantial increase in 
        the average temperature on Earth, a phenomenon known as 
        global warming through the greenhouse effect.
          (2) By early in the next century, an increase in 
        Earth temperature could--
                  (A) so alter global weather patterns as to 
                have an effect on existing agricultural 
                production and on the habitability of large 
                portions of the Earth; and
                  (B) cause thermal expansion of the oceans and 
                partial melting of the polar ice caps and 
                glaciers, resulting in rising sea levels.
          (3) Important research into the problem of climate 
        change is now being conducted by various United States 
        Government and international agencies, and the 
        continuation and intensification of those efforts will 
        be crucial to the development of an effective United 
        States response.
          (4) While the consequences of the greenhouse effect 
        may not be fully manifest until the next century, 
        ongoing pollution and deforestation may be contributing 
        now to an irreversible process. Necessary actions must 
        be identified and implemented in time to protect the 
        climate.
          (5) The global nature of this problem will require 
        vigorous efforts to achieve international cooperation 
        aimed at minimizing and responding to adverse climate 
        change; such international cooperation will be greatly 
        enhanced by United States leadership. A key step in 
        international cooperation will be the meeting of the 
        Governing Council of the United Nations Environment 
        Program, scheduled for June 1989, which will seek to 
        determine a direction for worldwide efforts to control 
        global climate change.
          (6) Effective United States leadership in the 
        international arena will depend upon a coordinated 
        national policy.

SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL CLIMATE.

  (a) Goals of United States Policy.--United States policy 
should seek to--
          (1) increase worldwide understanding of the 
        greenhouse effect and its environmental and health 
        consequences;
          (2) foster cooperation among nations to develop more 
        extensive and coordinated scientific research efforts 
        with respect to the greenhouse effect;
          (3) identify technologies and activities to limit 
        mankind's adverse effect on the global climate by--
                  (A) slowing the rate of increase of 
                concentrations of greenhouse gases in the 
                atmosphere in the near term; and
                  (B) stabilizing or reducing atmospheric 
                concentrations of greenhouse gases over the 
                long term; and
          (4) work toward multilateral agreements.
  (b) Formulation of United States Policy.--The President, 
through the Environmental Protection Agency, shall be 
responsible for developing and proposing to Congress a 
coordinated national policy on global climate change. Such 
policy formulation shall consider research findings of the 
Committee on Earth Sciences of the Federal Coordinating Council 
on Science and Engineering Technology, the National Academy of 
Sciences, the National Oceanic and Atmospheric Administration, 
the National Science Foundation, the National Aeronautic and 
Space Administration, the Department of Energy, the 
Environmental Protection Agency, and other organizations 
engaged in the conduct of scientific research.
  (c) Coordination of United States Policy in the International 
Arena.--The Secretary of State shall be responsible to 
coordinate those aspects of United States policy requiring 
action through the channels of multilateral diplomacy, 
including the United Nations Environment Program and other 
international organizations. In the formulation of these 
elements of United States policy, the Secretary of State shall, 
under the direction of the President, work jointly with the 
Administrator of the Environmental Protection Agency and other 
United States agencies concerned with environmental protection, 
consistent with applicable Federal law.

SEC. 1104. REPORT TO CONGRESS.

  Not later than 24 months after the date of enactment of this 
Act, the Secretary of State and the Administrator of the 
Environmental Protection Agency shall jointly submit to all 
committees of jurisdiction in the Congress a report which shall 
include--
          (1) a summary analysis of current international 
        scientific understanding of the greenhouse effect, 
        including its environmental and health consequences;
          (2) an assessment of United States efforts to gain 
        international cooperation in limiting global climate 
        change; and
          (3) a description of the strategy by which the United 
        States intends to seek further international 
        cooperation to limit global climate change.

SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLIMATE PROTECTION.

  In order to focus international attention and concern on the 
problem of global warming, and to foster further work on 
multilateral treaties aimed at protecting the global climate, 
the Secretary of State shall undertake all necessary steps to 
promote, within the United Nations system, the early 
designation of an International Year of Global Climate 
Protection.

SEC. 1106. CLIMATE PROTECTION AND UNITED STATES RELATIONS WITH THE 
                    INDEPENDENT STATES OF THE FORMER SOVIET UNION.\2\

  In recognition of the respective leadership roles of the 
United States and the independent states of the former Soviet 
Union \3\ in the international arena, and of the extent to 
which they are \4\ producers of atmospheric pollutants, the 
Congress urges that the President accord the problem of climate 
protection a high priority on the agenda of United States 
relations with the independent states.\5\
---------------------------------------------------------------------------
    \2\ Sec. 603(1)(A) of the FRIENDSHIP Act (Public Law 103-45; 107 
Stat. 2327) struck out ``united states-soviet relations'' in the 
section heading, and inserted in lieu thereof ``united states relations 
with the independent states of the former soviet union''.
    \3\ Sec. 603(1)(B) of the FRIENDSHIP Act (Public Law 103-45; 107 
Stat. 2327) struck out ``Soviet Union'' and inserted in lieu thereof 
``independent states of the former Soviet Union''.
    \4\ Sec. 603(1)(C) of the FRIENDSHIP Act (Public Law 103-45; 107 
Stat. 2327) struck out ``their joint role as the world's two major'' 
and inserted in lieu thereof ``the extent to which they are''.
    \5\ Sec. 603(1)(D) of the FRIENDSHIP Act (Public Law 103-45; 107 
Stat. 2327) struck out ``United States-Soviet relations'' and inserted 
in lieu thereof ``United States relations with the independent 
states''.
---------------------------------------------------------------------------
          * * * * * * *
         m. International Environmental Protection Act of 1983

 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1045, 
                       approved November 22, 1983

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

           TITLE VII--INTERNATIONAL ENVIRONMENTAL PROTECTION

                              short title

    Sec. 701.\1\ This title may be cited as the ``International 
Environmental Protection Act of 1983''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                           endangered species

    Sec. 702.\2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 702 amended the Foreign Assistance Act of 1961 by adding a 
new sec. 119 concerning endangered species.
---------------------------------------------------------------------------

                        environmental exchanges

    Sec. 703. (a) \3\ * * *
---------------------------------------------------------------------------
    \3\ Subsec. (a) amended sec. 102(b) of the Mutual Educational and 
Cultural Exchange Act of 1961, authorizing the President to foster 
exchanges between the United States and other countries of experts in 
the fields of environmental science and environmental management.
---------------------------------------------------------------------------
    (b) Of the amount by which expenditures for the Fulbright 
Academic Exchange Programs, for the Humphrey Fellowship 
Program, and for the International Visitor Program for each of 
the fiscal years 1984 and 1985 exceeds the expenditures for 
these programs in fiscal year 1982, 5 percent shall be used to 
finance programs authorized by the amendment made by subsection 
(a) of this section.

             international wildlife resources conservation

    Sec. 704. (a) The Secretary of State and the Secretary of 
the Interior, in consultation with the heads of other concerned 
Federal agencies, shall undertake a review of the effectiveness 
of existing United States international activities relating to 
the conservation of international wildlife resources and shall 
develop recommendations to substantially improve existing 
capabilities. On the basis of this review, the Secretary of 
State and the Secretary of the Interior shall, within six 
months after the date of enactment of this Act, transmit to the 
chairman of the Committee on Foreign Relations of the Senate 
and to the chairman of the Committee on Foreign Affairs \4\ of 
the House of Representatives a report--
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) describing the programs of all Federal agencies 
        concerned with international wildlife resources 
        conservation programs;
          (2) recommending an integrated United States plan of 
        action to assist foreign governments and international 
        organizations in conserving wildlife, taking into 
        account the projections in the Global 2000 study;
          (3) analyzing the extent to which the Department of 
        State and other relevant Federal agencies are currently 
        involved in--
                  (A) the establishment of effective liaison 
                with international, national, and local 
                governmental and nongovernmental agencies, 
                organizations, and persons involved in or 
                knowledgeable of wildlife resources 
                conservation abroad;
                  (B) the provisions of expert international 
                wildlife resources conservation staff 
                assistance and advice to United States 
                Embassies, Agency for International Development 
                missions, United States overseas military 
                installations, and other United States 
                governmental or private interests;
                  (C) facilitating the provision of advice or 
                assistance to governments, agencies, or 
                organizations which wish to enhance their 
                wildlife resources conservation capabilities 
                abroad;
                  (D) the acquisition and dissemination of 
                reliable data or information concerning--
                          (i) the conservation status of 
                        species of wild fauna and flora;
                          (ii) the conservation status of lands 
                        and waters upon which wild fauna and 
                        flora depend;
                          (iii) existing or proposed laws 
                        proclamations, statutes, orders, 
                        regulations, or policies which pertain 
                        to the taking, collecting, import, or 
                        export of wildlife resources, or to 
                        other aspects of international wildlife 
                        resources conservation;
                          (iv) the potential impact upon 
                        wildlife resources abroad of actions 
                        authorized, funded or carried out by 
                        the United States Government; and
                          (v) opportunities to initiate or 
                        enhance the efficiency of international 
                        wildlife resources conservation by the 
                        transfer of United States expertise 
                        through technical assistance, training, 
                        exchange of publications, or other 
                        means;
                  (E) maintaining liaison, for the purposes of 
                providing information needed to make sound 
                conservation decisions, with persons 
                responsible for implementing actions abroad 
                which are authorized, funded, or carried out by 
                Federal agencies or other persons under the 
                jurisdiction of the United States; and
                  (F) the performance of any other activities 
                which may be relevant to the United States 
                obligations, authorities, or interests in the 
                field of international wildlife resources 
                conservation;
          (4) recommending steps which could be taken to 
        increase the capabilities of the Department of State 
        and other relevant Federal agencies in carrying out the 
        functions described in paragraph (3), including 
        estimates of the costs of taking those steps and 
        estimates of the personnel required to increase those 
        capabilities; and
          (5) analyzing the desirability of delineating 
        geographic regions abroad (which would be known as 
        ``International Wildlife Resources Conservation 
        Regions'') and assigning qualified members of the 
        Foreign Service to be responsible for wildlife resource 
        conservation issues in those regions.
        n. Environmental Effects Abroad of Major Federal Actions

 Executive Order 12114, January 4, 1979, 44 F.R. 1957, 42 U.S.C. 4321 
                                  note

    By virtue of the authority vested in me by the Constitution 
and the laws of the United States, and as President of the 
United States, in order to further environmental objectives 
consistent with the foreign policy and national security policy 
of the United States, it is ordered as follows:

                               SECTION 1

    1-1. Purpose and Scope. The purpose of this Executive Order 
is to enable responsible officials of Federal agencies having 
ultimate responsibility for authorizing and approving actions 
encompassed by this Order to be informed of pertinent 
environmental considerations and to take such considerations 
into account, with other pertinent considerations of national 
policy, in making decisions regarding such actions. While based 
on independent authority, this Order furthers the purpose of 
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) 
and the Marine Protection Research and Sanctuaries Act (16 
U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.) and the 
Deepwater Port Act (33 U.S.C. 1501 et seq.) consistent with the 
foreign policy and national security policy of the United 
States, and represents the United States government's exclusive 
and complete determination of the procedural and other actions 
to be taken by Federal agencies to further the purpose of the 
National Environmental Policy Act, with respect to the 
environment outside the United States, its territories and 
possessions.

                               SECTION 2

    2-1. Agency Procedures. Every Federal agency taking major 
Federal actions encompassed hereby and not exempted herefrom 
having significant effects on the environment outside the 
geographical borders of the United States and its territories 
and possessions shall within eight months after the effective 
date of this Order have in effect procedures to implement this 
Order. Agencies shall consult with the Department of State and 
the Council on Environmental Quality concerning such procedures 
prior to placing them in effect.
    2-2. Information Exchange. To assist in effectuating the 
foregoing purpose, the Department of State and the Council on 
Environmental Quality in collaboration with other interested 
Federal agencies and other nations shall conduct a program for 
exchange on a continuing basis of information concerning the 
environment. The objectives of this program shall be to provide 
information for use by decisionmakers, to heighten awareness of 
and interest in environmental concerns and, as appropriate, to 
facilitate environmental cooperation with foreign nations.
    2-3. Actions Included. Agencies in their procedures under 
Section 2-1 shall establish procedures by which their officers 
having ultimate responsibility for authorizing and approving 
actions in one of the following categories encompassed by this 
Order, take into consideration in making decisions concerning 
such actions, a document described in Section 2-4(a):
    (a) major Federal actions significantly affecting the 
environment of the global commons outside the jurisdiction of 
any nation (e.g., the oceans or Antarctica);
    (b) major Federal actions significantly affecting the 
environment of a foreign nation not participating with the 
United States and not otherwise involved in the action;
    (c) major Federal actions significantly affecting the 
environment of a foreign nation which provide to that nation:
          (1) a product, or physical project producing a 
        principal product or an emission or effluent, which is 
        prohibited or strictly regulated by Federal law in the 
        United States because its toxic effects on the 
        environment create a serious public health risk; or
          (2) a physical project which in the United States is 
        prohibited or strictly regulated by Federal law to 
        protect the environment against radioactive substances.
    (d) major Federal actions outside the United States, its 
territories and possessions which significantly affect natural 
or ecological resources of global importance designated for 
protection under this subsection by the President, or, in the 
case of such a resource protected by international agreement 
binding on the United States, by the Secretary of State. 
Recommendations to the President under this subsection shall be 
accompanied by the views of the Council on Environmental 
Quality and the Secretary of State.
    2-4. Applicable Procedures. (a) There are the following 
types of documents to be used in connection with actions 
described in Section 2-3:
          (i) environmental impact statements (including 
        generic, program and specific statements);
          (ii) bilateral or multilateral environmental studies, 
        relevant or related to the proposed action, by the 
        United States and one (or more) more foreign nations, 
        or by an international body or organization in which 
        the United States is a member or participant; or
          (iii) concise reviews of the environmental issues 
        involved, including environmental assessments, summary 
        environmental analyses or other appropriate documents.
    (b) Agencies shall in their procedures provide for 
preparation of documents described in Section 2-4(a), with 
respect to actions described in Section 2-3, as follows:
          (i) for effects described in Section 2-3(a), an 
        environmental impact statement described in Section 2-
        4(a)(i);
          (ii) for effects described in Section 2-3(b), a 
        document described in Section 2-4(a)(ii) or (iii), as 
        determined by the agency;
          (iii) for effects described in Section 2-3(c), a 
        document described in Section 2-4(a)(ii) or (iii), as 
        determined by the agency;
          (iv) for effects described in Section 2-3(d), a 
        document described in Section 2-4(a)(i), (ii) or (iii), 
        as determined by the agency.
    Such procedures may provide that an agency need not prepare 
a new document when a document described in Section 2-4(a) 
already exists.
    (c) Nothing in this Order shall serve to invalidate any 
existing regulations of any agency which have been adopted 
pursuant to court order or pursuant to judicial settlement of 
any case or to prevent any agency from providing in its 
procedures for measures in addition to those provided for 
herein to further the purpose of the National Environmental 
Policy Act (43 U.S.C. 4321 et seq.) and other environmental 
laws, including the Marine Protection Research and Sanctuaries 
Act (16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.), and 
the Deepwater Port Act (33 U.S.C. 1501 et seq.), consistent 
with the foreign and national security policies of the United 
States.
    (d) Except as provided in Section 2-5(b), agencies taking 
action encompassed by this Order shall, as soon as feasible, 
inform other Federal agencies with relevant expertise of the 
availability of environmental documents prepared under this 
Order.
    Agencies in their procedures under Section 2-1 shall make 
appropriate provision for determining when an affected nation 
shall be informed in accordance with Section 3-2 of this Order 
of the availability of environmental documents prepared 
pursuant to those procedures.
    In order to avoid duplication of resources, agencies in 
their procedures shall provide for appropriate utilization of 
the resources of other Federal agencies with relevant 
environmental jurisdiction or expertise.
    2-5. Exemptions and Considerations. (a) Notwithstanding 
Section 2-3, the following actions are exempt from this Order:
          (i) actions not having a significant effect on the 
        environment outside the United States as determined by 
        the agency;
          (ii) actions taken by the President;
          (iii) actions taken by or pursuant to the direction 
        of the President or Cabinet officer when the national 
        security or interest is involved or when the action 
        occurs in the course of an armed conflict;
          (iv) intelligence activities and arms transfers;
          (v) export licenses or permits or export approvals, 
        and actions relating to nuclear activities except 
        actions providing to a foreign nation a nuclear 
        production or utilization facility as defined in the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as 
        amended, or a nuclear waste management facility;
          (vi) votes and other actions in international 
        conferences and organizations;
          (vii) disaster and emergency relief action.
    (b) Agency procedures under Section 2-1 implementing 
Section 2-4 may provide for appropriate modifications in the 
contents, timing and availability of documents to other 
affected Federal agencies and affected nations, where necessary 
to:
          (i) enable the agency to decide and act promptly as 
        and when required;
          (ii) avoid adverse impacts on foreign relations or 
        infringement in fact or appearance of other nations' 
        sovereign responsibilities, or
          (iii) ensure appropriate reflection of:
                  (1) diplomatic factors;
                  (2) international commercial, competitive and 
                export promotion factors;
                  (3) needs for governmental or commercial 
                confidentiality;
                  (4) national security considerations;
                  (5) difficulties of obtaining information and 
                agency ability to analyze meaningfully 
                environmental effects of a proposed action; and
                  (6) the degree to which the agency is 
                involved in or able to affect a decision to be 
                made.
    (c) Agency procedure under Section 2-1 may provide for 
categorical exclusions and for such exemptions in addition to 
those specified in subsection (a) of this Section as may be 
necessary to meet emergency circumstances, situations involving 
exceptional foreign policy and national security sensitivities 
and other such special circumstances. In utilizing such 
additional exemptions agencies shall, as soon as feasible, 
consult with the Department of State and the Council on 
Environmental Quality.
    (d) The provisions of Section 2-5 do not apply to actions 
described in Section 2-3(a) unless permitted by law.

                               SECTION 3

    3-1. Rights of Action. This Order is solely for the purpose 
of establishing internal procedures for Federal agencies to 
consider the significant effects of their actions on the 
environment outside the United States, its territories and 
possessions, and nothing in this Order shall be construed to 
create a cause of action.
    3-2. Foreign Relations. The Department of State shall 
coordinate all communications by agencies with foreign 
governments concerning environmental agreements and other 
arrangements in implementation of this Order.
    3-3. Multi-Agency Actions. Where more than one Federal 
agency is involved in an action or program, a lead agency, as 
determined by the agencies involved, shall have responsibility 
for implementation of this Order.
    3-4. Certain Terms. For purposes of this Order, 
``environment'' means the natural and physical environment and 
excludes social, economic and other environments; and an action 
significantly affects the environment if it does significant 
harm to the environment even though on balance the agency 
believes the action to be beneficial to the environment. The 
term ``export approvals'' in Section 2-5(a)(v) does not mean or 
include direct loans to finance exports.
    3-5. Multiple Impacts. If a major Federal action having 
effects on the environment of the United States or the global 
commons requires preparation of an environmental impact 
statement, and if the action also has effects on the 
environment of a foreign nation, an environmental impact 
statement need not be prepared with respect to the effects on 
the environment of the foreign nation.
=======================================================================


      M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION

                                CONTENTS

                                                                   Page

1. Aviation Security.............................................   685
      a. 49 United States Code (partial text)....................   685
      b. Cape Town Treaty Implementation Act of 2004 (Public Law 
          108-297)...............................................   744
      c. Aviation Security Improvement Act of 1990 (Public Law 
          101-604) (partial text)................................   748
      d. International Security and Development Act of 1985--
          International Terrorism and Foreign Airport Security 
          (Public Law 99-83) (partial text)......................   755
2. International Cooperation in Scientific Research..............   757
      a. National Science Foundation Act of 1950, as amended 
          (Public Law 81-507) (partial text).....................   757
      b. National Aeronautics and Space Act of 1958 (Public Law 
          85-568) (partial text).................................   759
      c. National Aeronautics and Space Administration 
          Authorization Act, Fiscal Year 2000 (Public Law 106-
          391) (partial text)....................................   761
      d. National Aeronautics and Space Administration 
          Authorization Act, Fiscal Year 1993 (Public Law 102-
          588) (partial text)....................................   766
      e. National Aeronautics and Space Administration 
          Authorization Act, Fiscal Year 1992 (Public Law 102-
          195) (partial text)....................................   772
      f. National Aeronautics and Space Administration 
          Authorization Act, Fiscal Year 1991 (Public Law 101-
          611) (partial text)....................................   774
      g. National Aeronautics and Space Administration 
          Authorization Act, Fiscal Year 1989 (Public Law 100-
          685) (partial text)....................................   780
      h. National Aeronautics and Space Administration 
          Authorization Act of 1988 (Public Law 100-147) (partial 
          text)..................................................   783
      i. Commercial Space Act of 1998 (Public Law 105-303) 
          (partial text).........................................   784
      j. Cooperative East-West Ventures in Space (Public Law 98-
          562)...................................................   795
      k. National Space Council Authorization Act of 1990 (Public 
          Law 101-328)...........................................   796
      l. FREEDOM Support Act--Space Trade and Cooperation (Public 
          Law 102-511) (partial text)............................   798
      m. National Space Council (Executive Order 12675)..........   801
      n. Establishment of the National Science and Technology 
          Council (Executive Order 12881)........................   804
3. Arctic Research...............................................   806
      a. Arctic Tundra Habitat Emergency Conservation Act (Public 
          Law 106-108)...........................................   806
      b. Arctic Research and Policy Act of 1984 (title I of 
          Public Law 98-373).....................................   809
      c. Arctic Research Commission (Executive Order 12501)......   818

=======================================================================

                          1. Aviation Security

                        a. 49 United States Code


          Note.--Public Law 103-272 (108 Stat. 745) repealed 
        several Public Laws relating to transportation, 
        aviation and airport security, and consolidated their 
        substance into 49 U.S.C.



                    SUBTITLE VII--AVIATION PROGRAMS

                    PART A--AIR COMMERCE AND SAFETY

                           subpart i--general

                    chapter 401--general provisions

          * * * * * * *

Sec. 40105. International negotiations, agreements, and obligations

    (a) Advice and Consultation.--The Secretary of State shall 
advise the Administrator of the Federal Aviation Administration 
and the Secretaries of Transportation and Commerce, and consult 
with them as appropriate, about negotiations for an agreement 
with a government of a foreign country to establish or develop 
air navigation, including air routes and services. The 
Secretary of Transportation shall consult with the Secretary of 
State in carrying out this part to the extent this part is 
related to foreign air transportation.
    (b) Actions of Secretary and Administrator.--(1) In 
carrying out this part, the Secretary of Transportation and the 
Administrator--
          (A) shall act consistently with obligations of the 
        United States Government under an international 
        agreement;
          (B) shall consider applicable laws and requirements 
        of a foreign country; and
          (C) may not limit compliance by an air carrier with 
        obligations or liabilities imposed by the government of 
        a foreign country when the Secretary takes any action 
        related to a certificate of public convenience and 
        necessity issued under chapter 411 of this title.
    (2) This subsection does not apply to an agreement between 
an air carrier or an officer or representative of an air 
carrier and the government of a foreign country, if the 
Secretary of Transportation disapproves the agreement because 
it is not in the public interest. Section 40106(b)(2) of this 
title applies to this subsection.
    (c) Consultation on International Air Transportation 
Policy.--In carrying out section 40101(e) of this title, the 
Secretaries of State and Transportation, to the maximum extent 
practicable, shall consult on broad policy goals and individual 
negotiations with--
          (1) the Secretaries of Commerce and Defense;
          (2) airport operators;
          (3) scheduled air carriers;
          (4) charter air carriers;
          (5) airline labor;
          (6) consumer interest groups;
          (7) travel agents and tour organizers; and
          (8) other groups, institutions, and governmental 
        authorities affected by international aviation policy.
    (d) Congressional Observers at International Aviation 
Negotiations.--The President shall grant to at least one 
representative of each House of Congress the privilege of 
attending international aviation negotiations as an observer if 
the privilege is requested in advance in writing.

Sec. 40106. Emergency powers

    (a) Deviations From Regulations.--Appropriate military 
authority may authorize aircraft of the armed forces of the 
United States to deviate from air traffic regulations 
prescribed under section 40103(b)(1) and (2) of this title when 
the authority decides the deviation is essential to the 
national defense because of a military emergency or urgent 
military necessity. The authority shall--
          (1) give the Administrator of the Federal Aviation 
        Administration prior notice of the deviation at the 
        earliest practicable time; and
          (2) to the extent time and circumstances allow, make 
        every reasonable effort to consult with the 
        Administrator and arrange for the deviation in advance 
        on a mutually agreeable basis.
    (b) Suspension of Authority.--(1) When the President 
decides that the government of a foreign country is acting 
inconsistently with the Convention for the Suppression of 
Unlawful Seizure of Aircraft or that the government of a 
foreign country allows territory under its jurisdiction to be 
used as a base of operations or training of, or as a sanctuary 
for, or arms, aids, or abets, a terrorist organization that 
knowingly uses the unlawful seizure, or the threat of an 
unlawful seizure, of an aircraft as an instrument of policy, 
the President may suspend the authority of--
          (A) an air carrier or foreign air carrier to provide 
        foreign air transportation to an from that foreign 
        country;
          (B) a person to operate aircraft in foreign air 
        commerce to and from that foreign country;
          (C) a foreign air carrier to provide foreign air 
        transportation between the United states and another 
        country that maintains air service with the foreign 
        country; and
          (D) a foreign person to operate aircraft in foreign 
        air commerce between the United States and another 
        country that maintains air service with the foreign 
        country.
    (2) The President may act under this subsection without 
notice or a hearing. The suspension remains in effect for as 
long as the President decides is necessary to ensure the 
security of aircraft against unlawful seizure. Notwithstanding 
section 40105(b) of this title, the authority of the President 
to suspend rights under this subsection is a condition to a 
certificate of public convenience and necessity, air carrier 
operating certificate, foreign air carrier or foreign aircraft 
permit, or foreign air carrier operating specification issued 
by the Secretary of Transportation under this part.
    (3) An air carrier or foreign air carrier may not provide 
foreign air transportation, and a person may not operate 
aircraft in foreign air commerce, in violation of a suspension 
of authority under this subsection.

Sec. 40107. Presidential transfers

    (a) General Authority.--The President may transfer to the 
Administrator of the Federal Aviation Administration a duty, 
power, activity, or facility of a department, agency, or 
instrumentality of the executive branch of the United States 
Government, or an officer or unit of a department, agency, or 
instrumentality of the executive branch, related primarily to 
selecting, developing, testing, evaluating, establishing, 
operating, or maintaining a system, procedure, facility, or 
device for safe and efficient air navigation and air traffic 
control. In making a transfer, the President may transfer 
records and property and make officers and employees from the 
department, agency, instrumentality, or unit available to the 
Administrator.
    (b) During War.--If war occurs, the President by executive 
order may transfer to the Secretary of Defense a duty, power, 
activity, or facility of the Administrator. In making the 
transfer, the President may transfer records, property, 
officers, and employees of the Administration to the Department 
of Defense.
          * * * * * * *

                          subpart iii--safety

          * * * * * * *

                         chapter 449--security

                       subchapter i--requirements

Sec. 44901. Screening passengers and property

    (a) \1\ In General.--The Under Secretary of Transportation 
for Security shall provide for the screening of all passengers 
and property, including United States mail, cargo, carry-on and 
checked baggage, and other articles, that will be carried 
aboard a passenger aircraft operated by an air carrier or 
foreign air carrier in air transportation or intrastate air 
transportation. In the case of flights and flight segments 
originating in the United States, the screening shall take 
place before boarding and shall be carried out by a Federal 
Government employee (as defined in section 2105 of title 5, 
United States Code), except as otherwise provided in section 
44919 or 44920 and except for identifying passengers and 
baggage for screening under the CAPPS and known shipper 
programs and conducting positive bag-match programs.
---------------------------------------------------------------------------
    \1\ Sec. 110(b) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 614) struck out subsecs. (a) and (b), 
redesignated subsec. (c) as subsec. (h), and added new subsecs. (a) 
through (g).
    Previously, subsecs. (a) and (b) read as follows:
    ``(a) General Requirements.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring screening 
of all passengers and property that will be carried in a cabin of an 
aircraft in air transportation or intrastate air transportation. The 
screening must take place before boarding and be carried out by a 
weapon-detecting facility or procedure used or operated by an employee 
or agent of an air carrier, intrastate air carrier, or foreign air 
carrier.
    ``(b) Amending Regulations.--Notwithstanding subsection (a) of this 
section, the Administrator may amend a regulation prescribed under 
subsection (a) to require screening only to ensure security against 
criminal violence and aircraft piracy in air transportation and 
intrastate air transportation.''.
---------------------------------------------------------------------------
    (b) \1\ Supervision of Screening.--All screening of 
passengers and property at airports in the United States where 
screening is required under this section shall be supervised by 
uniformed Federal personnel of the Transportation Security 
Administration who shall have the power to order the dismissal 
of any individual performing such screening.
    (c) \1\ Checked Baggage.--A system must be in operation to 
screen all checked baggage at all airports in the United States 
as soon as practicable but not later than the 60th day 
following the date of enactment of the Aviation and 
Transportation Security Act.
    (d) \1\ Explosive Detection Systems.--
          (1) In general.--The Under Secretary of 
        Transportation for Security shall take all necessary 
        action to ensure that--
                  (A) explosive detection systems are deployed 
                as soon as possible to ensure that all United 
                States airports described in section 44903(c) 
                have sufficient explosive detection systems to 
                screen all checked baggage no later than 
                December 31, 2002, and that as soon as such 
                systems are in place at an airport, all checked 
                baggage at the airport is screened by those 
                systems; and
                  (B) all systems deployed under subparagraph 
                (A) are fully utilized; and
                  (C) if explosive detection equipment at an 
                airport is unavailable, all checked baggage is 
                screened by an alternative means.
          (2) \2\ Deadline.--
---------------------------------------------------------------------------
    \2\ Sec. 425 of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2186) added para. (2).
---------------------------------------------------------------------------
                  (A) In general.--If, in his discretion or at 
                the request of an airport, the Under Secretary 
                of Transportation for Security determines that 
                the Transportation Security Administration is 
                not able to deploy explosive detection systems 
                required to be deployed under paragraph (1) at 
                all airports where explosive detection systems 
                are required by December 31, 2002, then with 
                respect to each airport for which the Under 
                Secretary makes that determination--
                          (i) the Under Secretary shall submit 
                        to the Senate Committee on Commerce, 
                        Science, and Transportation and the 
                        House of Representatives Committee on 
                        Transportation and Infrastructure a 
                        detailed plan (which may be submitted 
                        in classified form) for the deployment 
                        of the number of explosive detection 
                        systems at that airport necessary to 
                        meet the requirements of paragraph (1) 
                        as soon as practicable at that airport 
                        but in no event later than December 31, 
                        2003; and
                          (ii) the Under Secretary shall take 
                        all necessary action to ensure that 
                        alternative means of screening all 
                        checked baggage is implemented until 
                        the requirements of paragraph (1) have 
                        been met.
                  (B) Criteria for determination.--In making a 
                determination under subparagraph (A), the Under 
                Secretary shall take into account--
                          (i) the nature and extent of the 
                        required modifications to the airport's 
                        terminal buildings, and the technical, 
                        engineering, design and construction 
                        issues;
                          (ii) the need to ensure that such 
                        installations and modifications are 
                        effective; and
                          (iii) the feasibility and cost-
                        effectiveness of deploying explosive 
                        detection systems in the baggage 
                        sorting area or other non-public area 
                        rather than the lobby of an airport 
                        terminal building.
                  (C) Response.--The Under Secretary shall 
                respond to the request of an airport under 
                subparagraph (A) within 14 days of receiving 
                the request. A denial of request shall create 
                no right of appeal or judicial review.
                  (D) Airport effort required.--Each airport 
                with respect to which the Under Secretary makes 
                a determination under subparagraph (A) shall--
                          (i) cooperate fully with the 
                        Transportation Security Administration 
                        with respect to screening checked 
                        baggage and changes to accommodate 
                        explosive detection systems; and
                          (ii) make security projects a 
                        priority for the obligation or 
                        expenditure of funds made available 
                        under chapter 417 or 471 until 
                        explosive detection systems required to 
                        be deployed under paragraph (1) have 
                        been deployed at that airport.
          (3) Reports.--Until the Transportation Security 
        Administration has met the requirements of paragraph 
        (1), the Under Secretary shall submit a classified 
        report every 30 days after the date of enactment of 
        this Act to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure 
        describing the progress made toward meeting such 
        requirements at each airport.
    (e) \1\ Mandatory Screening Where EDS Not Yet Available.--
As soon as practicable but not later than the 60th day 
following the date of enactment of the Aviation and 
Transportation Security Act and until the requirements of 
subsection (b)(1)(A) are met, the Under Secretary shall require 
alternative means for screening any piece of checked baggage 
that is not screened by an explosive detection system. Such 
alternative means may include 1 or more of the following:
          (1) A bag-match program that ensures that no checked 
        baggage is placed aboard an aircraft unless the 
        passenger who checked the baggage is aboard the 
        aircraft.
          (2) Manual search.
          (3) Search by canine explosive detection units in 
        combination with other means.
          (4) Other means or technology approved by the Under 
        Secretary.
    (f) \1\ Cargo Deadline.--A system must be in operation to 
screen, inspect, or otherwise ensure the security of all cargo 
that is to be transported in all-cargo aircraft in air 
transportation and intrastate air transportation as soon as 
practicable after the date of enactment of the Aviation and 
Transportation Security Act.
    (g) \1\ Deployment of Armed Personnel.--
          (1) In general.--The Under Secretary shall order the 
        deployment of law enforcement personnel authorized to 
        carry firearms at each airport security screening 
        location to ensure passenger safety and national 
        security.
          (2) Minimum requirements.--Except at airports 
        required to enter into agreements under subsection (c), 
        the Under Secretary shall order the deployment of at 
        least 1 law enforcement officer at each airport 
        security screening location. At the 100 largest 
        airports in the United States, in terms of annual 
        passenger enplanements for the most recent calendar 
        year for which data are available, the Under Secretary 
        shall order the deployment of additional law 
        enforcement personnel at airport security screening 
        locations if the Under Secretary determines that the 
        additional deployment is necessary to ensure passenger 
        safety and national security.
    (h) \1\ Exemptions and Advising Congress on Regulations.--
The Under Secretary-- \3\
---------------------------------------------------------------------------
    \3\ Sec. 101(f)(7) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``Administrator'' and 
inserted in lieu thereof ``Under Secretary''.
---------------------------------------------------------------------------
          (1) may exempt from this section air transportation 
        operations, except scheduled passenger operations of an 
        air carrier providing air transportation under a 
        certificate issued under section 41102 of this title or 
        a permit issued under section 41302 of this title; and
          (2) shall advise Congress of a regulation to be 
        prescribed under this section at least 30 days before 
        the effective date of the regulation, unless the Under 
        Secretary \3\ decides an emergency exists requiring the 
        regulation to become effective in fewer than 30 days 
        and notifies Congress of that decision.

Sec. 44902. Refusal to transport passengers and property

    (a) Mandatory Refusal.--The Under Secretary \3\ of 
Transportation for Security \4\ shall prescribe regulations 
requiring an air carrier, intrastate air carrier, or foreign 
air carrier to refuse to transport--
---------------------------------------------------------------------------
    \4\ Sec. 101(f)(9) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``of the Federal Aviation 
Administration'' and inserted in lieu thereof ``of Transportation for 
Security''.
---------------------------------------------------------------------------
          (1) a passenger who does not consent to a search 
        under section 44901(a) of this title establishing 
        whether the passenger is carrying unlawfully a 
        dangerous weapon, explosive, or other destructive 
        substance; or
          (2) property of a passenger who does not consent to a 
        search of the property establishing whether the 
        property unlawfully contains a dangerous weapon, 
        explosive, or other destructive substance.
    (b) Permissive Refusal.--Subject to regulations of the 
Under Secretary,\3\ an air carrier, intrastate air carrier, or 
foreign air carrier may refuse to transport a passenger or 
property the carrier decides is, or might be, inimical to 
safety.
    (c) Agreeing to Consent to Search.--An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or 
foreign air carrier is deemed to include an agreement that the 
passenger or property will not be carried if consent to search 
the passenger or property for a purpose referred to in this 
section is not given.

Sec. 44903. Air transportation security

    (a) Definition.--In this section, ``law enforcement 
personnel'' means individuals--
          (1) authorized to carry and use firearms;
          (2) vested with the degree of the police power of 
        arrest the Under Secretary \3\ of Transportation for 
        Security \4\ considers necessary to carry out this 
        section; and
          (3) identifiable by appropriate indicia of authority.
    (b) Protection Against Violence and Piracy.--The Under 
Secretary \3\ shall prescribe regulations to protect passengers 
and property on an aircraft operating in air transportation or 
intrastate air transportation against an act of criminal 
violence or aircraft piracy. When prescribing a regulation 
under this subsection, the Under Secretary \3\ shall--
          (1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, and State and local authorities;
          (2) consider whether a proposed regulation is 
        consistent with--
                  (A) protecting passengers; and
                  (B) the public interest in promoting air 
                transportation and intrastate air 
                transportation;
          (3) to the maximum extent practicable, require a 
        uniform procedure for searching and detaining 
        passengers and property to ensure--
                  (A) their safety; and
                  (B) courteous and efficient treatment by an 
                air carrier, an agent or employee of an air 
                carrier, and Government, State, and local law 
                enforcement personnel carrying out this 
                section; and
          (4) consider the extent to which a proposed 
        regulation will carry out this section.
    (c) Security Programs.--(1) The Under Secretary \3\ shall 
prescribe regulations under subsection (b) of this section that 
require each operator of an airport regularly serving an air 
carrier holding a certificate issued by the Secretary of 
Transportation to establish an air transportation security 
program that provides a law enforcement presence and capability 
at each of those airports that is adequate to ensure the safety 
of passengers. The regulations shall authorize the operator to 
use the services of qualified State, local, and private law 
enforcement personnel. When the Under Secretary \3\ decides, 
after being notified by an operator in the form the Under 
Secretary \3\ prescribes, that not enough qualified State, 
local, and private law enforcement personnel are available to 
carry out subsection (b), the Under Secretary \3\ may authorize 
the operator to use, on a reimbursable basis, personnel 
employed by the Under Secretary,\3\ or by another department, 
agency, or instrumentality of the Government with the consent 
of the head of the department, agency, or instrumentality, to 
supplement State, local, and private law enforcement personnel. 
When deciding whether additional personnel are needed, the 
Under Secretary \3\ shall consider the number of passengers 
boarded at the airport, the extent of anticipated risk of 
criminal violence or aircraft piracy at the airport or to the 
air carrier aircraft operations at the airport, and the 
availability of qualified State or local law enforcement 
personnel at the airport.
    (2)(A) The Under Secretary \3\ may approve a security 
program of an airport operator, or an amendment in an existing 
program, that incorporates a security program of an airport 
tenant (except an air carrier separately complying with part 
108 or 129 of title 14, Code of Federal Regulations) having 
access to a secured area of the airport, if the program or 
amendment incorporates--
          (i) the measures the tenant will use, within the 
        tenant's leased areas or areas designated for the 
        tenant's exclusive use under an agreement with the 
        airport operator, to carry out the security 
        requirements imposed by the Under Secretary \3\ on the 
        airport operator under the access control system 
        requirements of section 107.14 of title 14, Code of 
        Federal Regulations, or under other requirements of 
        part 107 of title 14; and
          (ii) the methods the airport operator will use to 
        monitor and audit the tenant's compliance with the 
        security requirements and provides that the tenant will 
        be required to pay monetary penalties to the airport 
        operator if the tenant fails to carry out a security 
        requirement under a contractual provision or 
        requirement imposed by the airport operator.
    (B) If the Under Secretary \3\ approves a program or 
amendment described in subparagraph (A) of this paragraph, the 
airport operator may not be found to be in violation of a 
requirement of this subsection or subsection (b) of this 
section when the airport operator demonstrates that the tenant 
or an employee, permittee, or invitee of the tenant is 
responsible for the violation and that the airport operator has 
complied with all measures in its security program for securing 
compliance with its security program by the tenant.
    (C) \5\ Maximum use of chemical and biological weapon 
detection equipment.--The Secretary of Transportation may 
require airports to maximize the use of technology and 
equipment that is designed to detect or neutralize potential 
chemical or biological weapons.
---------------------------------------------------------------------------
    \5\ Sec. 120 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 629) amended and restated subpara. (C). 
As added by sec. 6 of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2520), subpara. (C) previously read as 
follows:
    ``(C) Manual process.--
---------------------------------------------------------------------------

  ``(i) In general.--The Administrator shall issue an amendment to air 
carrier security programs to require a manual process, at explosive 
detection system screen locations in airports where explosive detection 
equipment is underutilized, which will augment the Computer Assisted 
Passenger Prescreening System by randomly selecting additional checked bags 
for screening so that a minimum number of bags, as prescribed by the 
Administrator are examined.''

  ``(ii) Limitation on statutory construction.--Clause (i) shall not be 
construed to limit the ability of the Under Secretary \3\ to impose 
additional security measures on an air carrier or a foreign air carrier 
when a specific threat warrants such additional measures.

  ``(iii) Maximum use of explosive detection equipment.--In prescribing the 
minimum number of bags to be examined under clause (i), the Administrator 
shall seek to maximize the use of the explosive detection equipment.''.

    (3) \6\ Pilot programs.--The Administrator shall establish 
pilot programs in no fewer than 20 airports to test and 
evaluate new and emerging technology for providing access 
control and other security protections for closed or secure 
areas of the airports. Such technology may include biometric or 
other technology that ensures only authorized access to secure 
areas.
---------------------------------------------------------------------------
    \6\ Sec. 106(d) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 610) added para. (3).
---------------------------------------------------------------------------
    (d) Authorizing Individuals To Carry Firearms and Make 
Arrests.--With the approval of the Attorney General and the 
Secretary of State, the Secretary of Transportation may 
authorize an individual who carries out air transportation 
security duties--
          (1) to carry firearms; and
          (2) to make arrests without warrant for an offense 
        against the United States committed in the presence of 
        the individual or for a felony under the laws of the 
        United States, if the individual reasonably believes 
        the individual to be arrested has committed or is 
        committing a felony.
    (e) Exclusive Responsibility Over Passenger Safety.--The 
Under Secretary \3\ has the exclusive responsibility to direct 
law enforcement activity related to the safety of passengers on 
an aircraft involved in an offense under section 46502 of this 
title from the moment all external doors of the aircraft are 
closed following boarding until those doors are opened to allow 
passengers to leave the aircraft. When requested by the Under 
Secretary,\3\ other departments, agencies, and 
instrumentalities of the Government shall provide assistance 
necessary to carry out this subsection.
    (f) \7\ Government and Industry Consortia.--The Under 
Secretary \3\ may establish at airports such consortia of 
government and aviation industry representatives as the Under 
Secretary \3\ may designate to provide advice on matters 
related to aviation security and safety. Such consortia shall 
not be considered Federal advisory committees for purposes of 
the Federal Advisory Committee Act (5 U.S.C. App.).
---------------------------------------------------------------------------
    \7\ Sec. 717 of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century (Public Law 106-181; 114 Stat. 163) added 
subsec. (f).
---------------------------------------------------------------------------
    (g) \8\ Improvement of Secured-Area Access Control.--
---------------------------------------------------------------------------
    \8\ Sec. 4 of the Airport Security Improvement Act of 2000 (Public 
Law 106-528; 114 Stat. 2520) added subsec. (g).
---------------------------------------------------------------------------
          (1) Enforcement.--
                  (A) Under secretary \3\ to publish 
                sanctions.--The Under Secretary \3\ shall 
                publish in the Federal Register a list of 
                sanctions for use as guidelines in the 
                discipline of employees for infractions of 
                airport access control requirements. The 
                guidelines shall incorporate a progressive 
                disciplinary approach that relates proposed 
                sanctions to the severity or recurring nature 
                of the infraction and shall include measures 
                such as remedial training, suspension from 
                security-related duties, suspension from all 
                duties without pay, and termination of 
                employment.
                  (B) Use of sanctions.--Each airport operator, 
                air carrier, and security screening company 
                shall include the list of sanctions published 
                by the Under Secretary \3\ in its security 
                program. The security program shall include a 
                process for taking prompt disciplinary action 
                against an employee who commits an infraction 
                of airport access control requirements.
          (2) Improvements.--The Under Secretary \3\ shall--
                  (A) work with airport operators and air 
                carriers to implement and strengthen existing 
                controls to eliminate airport access control 
                weaknesses; \9\
---------------------------------------------------------------------------
    \9\ Sec. 106(c)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 609) struck out ``weaknesses by January 
31, 2001'' and inserted in lieu thereof ``weaknesses''.
---------------------------------------------------------------------------
                  (B) require airport operators and air 
                carriers to develop and implement comprehensive 
                and recurring training programs that teach 
                employees their roles in airport security, the 
                importance of their participation, how their 
                performance will be evaluated, and what action 
                will be taken if they fail to perform;
                  (C) require airport operators and air 
                carriers to develop and implement programs that 
                foster and reward compliance with airport 
                access control requirements and discourage and 
                penalize noncompliance in accordance with 
                guidelines issued by the Under Secretary \3\ to 
                measure employee compliance;
                  (D) \10\ on an ongoing basis, assess and test 
                for compliance with access control 
                requirements, report annually findings of the 
                assessments, and assess the effectiveness of 
                penalties in ensuring compliance with security 
                procedures and take any other appropriate 
                enforcement actions when noncompliance is 
                found;
---------------------------------------------------------------------------
    \10\ Sec. 106(c)(2) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 609) amended and restated subpara. (D), 
which previously read as follows:
    ``(D) assess and test for compliance with access control 
requirements, report findings, and assess penalties or take other 
appropriate enforcement actions when noncompliance is found;''.
---------------------------------------------------------------------------
                  (E) improve and better administer the Under 
                Secretary's \11\ security database to ensure 
                its efficiency, reliability, and usefulness for 
                identification of systemic problems and 
                allocation of resources;
---------------------------------------------------------------------------
    \11\ Sec. 101(f)(8) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``Administrator's'' and 
inserted in lieu thereof ``Under Secretary's''.
---------------------------------------------------------------------------
                  (F) improve the execution of the Under 
                Secretary's \11\ quality control program; \12\ 
                and
---------------------------------------------------------------------------
    \12\ Sec. 106(c)(3) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 610) struck out ``program by January 31, 
2001;'' and inserted in lieu thereof ``program;''.
---------------------------------------------------------------------------
                  (G) \13\ work with airport operators to 
                strengthen access control points in secured 
                areas (including air traffic control operations 
                areas, maintenance areas, crew lounges, baggage 
                handling areas, concessions, and catering 
                delivery areas) to ensure the security of 
                passengers and aircraft and consider the 
                deployment of biometric or similar technologies 
                that identify individuals based on unique 
                personal characteristics.
---------------------------------------------------------------------------
    \13\ Sec. 106(c)(4) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 610) struck out subpara. (G) and inserted 
in lieu thereof a new subpara. (G). Previously, subpara. (G) read as 
follows:
    ``(G) require airport operators and air carriers to strengthen 
access control points in secured areas (including air traffic control 
operations areas) to ensure the security of passengers and aircraft by 
January 31, 2001.''.
---------------------------------------------------------------------------
    (h) \14\ Improved Airport Perimeter Access Security.--
---------------------------------------------------------------------------
    \14\ Sec. 106(d) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 608) added subsec. (h).
---------------------------------------------------------------------------
          (1) In general.--The Under Secretary, in consultation 
        with the airport operator and law enforcement 
        authorities, may order the deployment of such personnel 
        at any secure area of the airport as necessary to 
        counter the risk of criminal violence, the risk of 
        aircraft piracy at the airport, the risk to air carrier 
        aircraft operations at the airport, or to meet national 
        security concerns.
          (2) Security of aircraft and ground access to secure 
        areas.--In determining where to deploy such personnel, 
        the Under Secretary shall consider the physical 
        security needs of air traffic control facilities, 
        parked aircraft, aircraft servicing equipment, aircraft 
        supplies (including fuel), automobile parking 
        facilities within airport perimeters or adjacent to 
        secured facilities, and access and transition areas at 
        airports served by other means of ground or water 
        transportation.
          (3) Deployment of federal law enforcement 
        personnel.--The Secretary may enter into a memorandum 
        of understanding or other agreement with the Attorney 
        General or the head of any other appropriate Federal 
        law enforcement agency to deploy Federal law 
        enforcement personnel at an airport in order to meet 
        aviation safety and security concerns.
          (4) Airport perimeter screening.--The Under 
        Secretary--
                  (A) shall require, as soon as practicable 
                after the date of enactment of this subsection, 
                screening or inspection of all individuals, 
                goods, property, vehicles, and other equipment 
                before entry into a secured area of an airport 
                in the United States described in section 
                44903(c);
                  (B) shall prescribe specific requirements for 
                such screening and inspection that will assure 
                at least the same level of protection as will 
                result from screening of passengers and their 
                baggage;
                  (C) shall establish procedures to ensure the 
                safety and integrity of--
                          (i) all persons providing services 
                        with respect to aircraft providing 
                        passenger air transportation or 
                        intrastate air transportation and 
                        facilities of such persons at an 
                        airport in the United States described 
                        in section 44903(c);
                          (ii) all supplies, including catering 
                        and passenger amenities, placed aboard 
                        such aircraft, including the sealing of 
                        supplies to ensure easy visual 
                        detection of tampering; and
                          (iii) all persons providing such 
                        supplies and facilities of such 
                        persons;
                  (D) shall require vendors having direct 
                access to the airfield and aircraft to develop 
                security programs; and
                  (E) may provide for the use of biometric or 
                other technology that positively verifies the 
                identity of each employee and law enforcement 
                officer who enters a secure area of an airport.
    (i) \15\ Authority to Arm Flight Deck Crew With Less-Than-
Lethal Weapons.--
---------------------------------------------------------------------------
    \15\ Sec. 126(b) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 632) added subsec. (i), originally as a 
second subsec. (h). Subsequently, sec. 1406(2) of the Homeland Security 
Act of 2002 (Public Law 107-296; 116 Stat. 2307) redesignated the 
second subsec. (h) as subsec. (i).
---------------------------------------------------------------------------
          (1) In general.--If the Under Secretary,\16\ after 
        receiving the recommendations of the National Institute 
        of Justice, determines, with the approval of the 
        Attorney General and the Secretary of State, that it is 
        appropriate and necessary and would effectively serve 
        the public interest in avoiding air piracy, the Under 
        Secretary \3\ may authorize members of the flight deck 
        crew on any aircraft providing air transportation or 
        intrastate air transportation to carry a less-than-
        lethal weapon while the aircraft is engaged in 
        providing such transportation.
---------------------------------------------------------------------------
    \16\ Sec. 1405(b) of the Homeland Security Act of 2002 (Public Law 
107-296; 116 Stat. 2307) struck out ``Secretary'' and inserted in lieu 
thereof ``Under Secretary''.
---------------------------------------------------------------------------
          (2) Usage.--If the Under Secretary \16\ grants 
        authority under paragraph (1) for flight deck crew 
        members to carry a less-than-lethal weapon while 
        engaged in providing air transportation or intrastate 
        air transportation, the Under Secretary \16\ shall--
                  (A) prescribe rules requiring that any such 
                crew member be trained in the proper use of the 
                weapon; and
                  (B) prescribe guidelines setting forth the 
                circumstances under which such weapons may be 
                used.
          (3) \17\ Request of air carriers to use less-than-
        lethal weapons.--If, after the date of enactment of 
        this paragraph, the Under Secretary receives a request 
        from an air carrier for authorization to allow pilots 
        of the air carrier to carry less-than-lethal weapons, 
        the Under Secretary shall respond to that request 
        within 90 days.
---------------------------------------------------------------------------
    \17\ Sec. 1405(a) of the Homeland Security Act of 2002 (Public Law 
107-296; 116 Stat. 2307) added para. (3).
---------------------------------------------------------------------------
    (j) \18\ Short-Term Assessment and Deployment of Emerging 
Security Technologies and Procedures.--
---------------------------------------------------------------------------
    \18\ Sec. 136 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 636) added subsec. (j), originally as 
subsec. (i). Subsequently, sec. 1406(1) of the Homeland Security Act of 
2002 (Public Law 107-296; 115 Stat. 2307) redesignated subsec. (i) as 
subsec. (j).
---------------------------------------------------------------------------
          (1) In general.--The Under Secretary of 
        Transportation for Security shall recommend to airport 
        operators, within 6 months after the date of enactment 
        of the Aviation and Transportation Security Act, 
        commercially available measures or procedures to 
        prevent access to secure airport areas by unauthorized 
        persons. As part of the 6-month assessment, the Under 
        Secretary for Transportation Security shall--
                  (A) review the effectiveness of biometrics 
                systems currently in use at several United 
                States airports, including San Francisco 
                International;
                  (B) review the effectiveness of increased 
                surveillance at access points;
                  (C) review the effectiveness of card- or 
                keypad-based access systems;
                  (D) review the effectiveness of airport 
                emergency exit systems and determine whether 
                those that lead to secure areas of the airport 
                should be monitored or how breaches can be 
                swiftly responded to; and
                  (E) specifically target the elimination of 
                the ``piggy-backing'' phenomenon, where another 
                person follows an authorized person through the 
                access point. The 6-month assessment shall 
                include a 12-month deployment strategy for 
                currently available technology at all category 
                X airports, as defined in the Federal Aviation 
                Administration approved air carrier security 
                programs required under part 108 of title 14, 
                Code of Federal Regulations. Not later than 18 
                months after the date of enactment of this Act, 
                the Secretary of Transportation shall conduct a 
                review of reductions in unauthorized access at 
                these airports.
          (2) Computer-assisted passenger prescreening 
        system.--
                  (A) In general.--The Secretary of 
                Transportation shall ensure that the Computer-
                Assisted Passenger Prescreening System, or any 
                successor system--
                          (i) is used to evaluate all 
                        passengers before they board an 
                        aircraft; and
                          (ii) includes procedures to ensure 
                        that individuals selected by the system 
                        and their carry-on and checked baggage 
                        are adequately screened.
                  (B) Modifications.--The Secretary of 
                Transportation may modify any requirement under 
                the Computer-Assisted Passenger Prescreening 
                System for flights that originate and terminate 
                within the same State, if the Secretary 
                determines that--
                          (i) the State has extraordinary air 
                        transportation needs or concerns due to 
                        its isolation and dependence on air 
                        transportation; and
                          (ii) the routine characteristics of 
                        passengers, given the nature of the 
                        market, regularly triggers primary 
                        selectee status.
    (k) \19\ Limitation on Liability for Acts To Thwart 
Criminal Violence or Aircraft Piracy.--An individual shall not 
be liable for damages in any action brought in a Federal or 
State court arising out of the acts of the individual in 
attempting to thwart an act of criminal violence or piracy on 
an aircraft if that individual reasonably believed that such an 
act of criminal violence or piracy was occurring or was about 
to occur.
---------------------------------------------------------------------------
    \19\ Sec. 144 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 644) added subsec. (k), originally as a 
third subsec. (h). Subsequently, sec. 1406(3) of the Homeland Security 
Act of 2002 (Public Law 107-296; 116 Stat. 2307) redesignated the third 
subsec. (h) as subsec. (k).
---------------------------------------------------------------------------
    (l) \20\ Air Charter Program.--
---------------------------------------------------------------------------
    \20\ Sec. 606(a) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2568) added subsec. 
(l).
---------------------------------------------------------------------------
          (1) In general.--The Under Secretary for Border and 
        Transportation Security of the Department of Homeland 
        Security shall implement an aviation security program 
        for charter air carriers (as defined in section 
        40102(a)) with a maximum certificated takeoff weight of 
        more than 12,500 pounds.
          (2) Exemption for armed forces charters.--
                  (A) In general.--Paragraph (1) and the other 
                requirements of this chapter do not apply to 
                passengers and property carried by aircraft 
                when employed to provide charter transportation 
                to members of the armed forces.
                  (B) Security procedures.--The Secretary of 
                Defense, in consultation with the Secretary of 
                Homeland Security and the Secretary of 
                Transportation, shall establish security 
                procedures relating to the operation of 
                aircraft when employed to provide charter 
                transportation to members of the armed forces 
                to or from an airport described in section 
                44903(c).
                  (C) Armed forces defined.--In this paragraph, 
                the term ``armed forces'' has the meaning given 
                that term by section 101(a)(4) of title 10.

Sec. 44904. Domestic air transportation system security

    (a) Assessing Threats.--The Under Secretary \3\ of 
Transportation for Security \4\ and the Director of the Federal 
Bureau of Investigation jointly shall assess current and 
potential threats to the domestic air transportation system. 
The assessment shall include consideration of the extent to 
which there are individuals with the capability and intent to 
carry out terrorist or related unlawful acts against that 
system and the ways in which those individuals might carry out 
those acts. The Under Secretary \3\ and the Director jointly 
shall decide on and carry out the most effective method for 
continuous analysis and monitoring of security threats to that 
system.
    (b) Assessing Security.--In coordination with the Director, 
the Under Secretary \3\ shall carry out periodic threat and 
vulnerability assessments on security at each airport that is 
part of the domestic air transportation system. Each assessment 
shall include consideration of--
          (1) the adequacy of security procedures related to 
        the handling and transportation of checked baggage and 
        cargo;
          (2) space requirements for security personnel and 
        equipment;
          (3) separation of screened and unscreened passengers, 
        baggage, and cargo;
          (4) separation of the controlled and uncontrolled 
        areas of airport facilities; and
          (5) coordination of the activities of security 
        personnel of the Transportation Security 
        Administration,\21\ the United States Customs Service, 
        the Immigration and Naturalization Service, and air 
        carriers, and of other law enforcement personnel.
---------------------------------------------------------------------------
    \21\ Sec. 101(f)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 644) struck out ``the Administration'' 
and inserted in lieu thereof ``the Transportation Security 
Administration''.
---------------------------------------------------------------------------
    (c) Improving Security.--The Under Secretary \3\ shall take 
necessary actions to improve domestic air transportation 
security by correcting any deficiencies in that security 
discovered in the assessments, analyses, and monitoring carried 
out under this section.

Sec. 44905. Information about threats to civil aviation

    (a) Providing Information.--Under guidelines the Secretary 
of Transportation prescribes, an air carrier, airport operator, 
ticket agent, or individual employed by an air carrier, airport 
operator, or ticket agent, receiving information (except a 
communication directed by the United States Government) about a 
threat to civil aviation shall provide the information promptly 
to the Secretary.
    (b) Flight Cancellation.--If a decision is made that a 
particular threat cannot be addressed in a way adequate to 
ensure, to the extent feasible, the safety of passengers and 
crew of a particular flight or series of flights, the Under 
Secretary \3\ of Transportation for Security \4\ shall cancel 
the flight or series of flights.
    (c) Guidelines on Public Notice.--(1) The President shall 
develop guidelines for ensuring that public notice is provided 
in appropriate cases about threats to civil aviation. The 
guidelines shall identify officials responsible for--
          (A) deciding, on a case-by-case basis, if public 
        notice of a threat is in the best interest of the 
        United States and the traveling public;
          (B) ensuring that public notice is provided in a 
        timely and effective way, including the use of a toll-
        free telephone number; and
          (C) canceling the departure of a flight or series of 
        flights under subsection (b) of this section.
    (2) The guidelines shall provide for consideration of--
          (A) the specificity of the threat;
          (B) the credibility of intelligence information 
        related to the threat;
          (C) the ability to counter the threat effectively;
          (D) the protection of intelligence information 
        sources and methods;
          (E) cancellation, by an air carrier or the Under 
        Secretary,\3\ of a flight or series of flights instead 
        of public notice;
          (F) the ability of passengers and crew to take steps 
        to reduce the risk to their safety after receiving 
        public notice of a threat; and
          (G) other factors the Under Secretary \3\ considers 
        appropriate.
    (d) Guidelines on Notice to Crews.--The Under Secretary \3\ 
shall develop guidelines for ensuring that notice in 
appropriate cases of threats to the security of an air carrier 
flight is provided to the flight crew and cabin crew of that 
flight.
    (e) Limitation on Notice to Selective Travelers.--Notice of 
a threat to civil aviation may be provided to selective 
potential travelers only if the threat applies only to those 
travelers.
    (f) Restricting Access to Information.--In cooperation with 
the departments, agencies, and instrumentalities of the 
Government that collect, receive, and analyze intelligence 
information related to aviation security, the Under Secretary 
\3\ shall develop procedures to minimize the number of 
individuals who have access to information about threats. 
However, a restriction on access to that information may be 
imposed only if the restriction does not diminish the ability 
of the Government to carry out its duties and powers related to 
aviation security effectively, including providing notice to 
the public and flight and cabin crews under this section.
    (g) Distribution of Guidelines.--The guidelines developed 
under this section shall be distributed for use by appropriate 
officials of the Department of Transportation, the Department 
of State, the Department of Justice, and air carriers.

Sec. 44906.\22\ Foreign air carrier security programs

    The Under Secretary \3\ of Transportation for Security \4\ 
shall continue in effect the requirement of section 129.25 of 
title 14, Code of Federal Regulations, that a foreign air 
carrier must adopt and use a security program approved by the 
Under Secretary.\3\ The Under Secretary \3\ shall not approve a 
security program of a foreign air carrier under section 129.25, 
or any successor regulation, unless the security program 
requires the foreign air carrier in its operations to and from 
airports in the United States to adhere to the identical 
security measures that the Under Secretary \3\ requires air 
carriers serving the same airports to adhere to. The foregoing 
requirement shall not be interpreted to limit the ability of 
the Under Secretary \3\ to impose additional security measures 
on a foreign air carrier or an air carrier when the Under 
Secretary \3\ determines that a specific threat warrants such 
additional measures. The Under Secretary \3\ shall prescribe 
regulations to carry out this section.
---------------------------------------------------------------------------
    \22\ Sec. 322 of Public Law 104-132 (110 Stat. 1254) amended and 
restated sec. 44906.
---------------------------------------------------------------------------

Sec. Sec. 44907. Security standards at foreign airports

    (a) Assessment.--(1) At intervals the Secretary of 
Transportation considers necessary, the Secretary shall assess 
the effectiveness of the security measures maintained at--
          (A) a foreign airport--
                  (i) served by an air carrier;
                  (ii) from which a foreign air carrier serves 
                the United States; or
                  (iii) that poses a high risk of introducing 
                danger to international air travel; and
          (B) other foreign airports the Secretary considers 
        appropriate.
    (2) The Secretary of Transportation shall conduct an 
assessment under paragraph (1) of this subsection--
          (A) in consultation with appropriate aeronautic 
        authorities of the government of a foreign country 
        concerned and each air carrier serving the foreign 
        airport for which the Secretary is conducting the 
        assessment;
          (B) to establish the extent to which a foreign 
        airport effectively maintains and carries out security 
        measures; and
          (C) by using a standard that will result in an 
        analysis of the security measures at the airport based 
        at least on the standards and appropriate recommended 
        practices contained in Annex 17 to the Convention on 
        International Civil Aviation in effect on the date of 
        the assessment.
    (3) Each report to Congress required under section 44938(b) 
of this title shall contain a summary of the assessments 
conducted under this subsection.
    (b) Consultation.--In carrying out subsection (a) of this 
section, the Secretary of Transportation shall consult with the 
Secretary of State--
          (1) on the terrorist threat that exists in each 
        country; and
          (2) to establish which foreign airports are not under 
        the de facto control of the government of the foreign 
        country in which they are located and pose a high risk 
        of introducing danger to international air travel.
    (c) Notifying Foreign Authorities.--When the Secretary of 
Transportation, after conducting an assessment under subsection 
(a) of this section, decides that an airport does not maintain 
and carry out effective security measures, the Secretary of 
Transportation, after advising the Secretary of State, shall 
notify the appropriate authorities of the government of the 
foreign country of the decision and recommend the steps 
necessary to bring the security measures in use at the airport 
up to the standard used by the Secretary of Transportation in 
making the assessment.
    (d) Actions When Airports Not Maintaining and Carrying Out 
Effective Security Measures.--(1) When the Secretary of 
Transportation decides under this section that an airport does 
not maintain and carry out effective security measures--
          (A) the Secretary of Transportation shall--
                  (i) publish the identity of the airport in 
                the Federal Register;
                  (ii) have the identity of the airport posted 
                and displayed prominently at all United States 
                airports at which scheduled air carrier 
                operations are provided regularly; and
                  (iii) notify the news media of the identity 
                of the airport;
          (B) each air carrier and foreign air carrier 
        providing transportation between the United States and 
        the airport shall provide written notice of the 
        decision, on or with the ticket, to each passenger 
        buying a ticket for transportation between the United 
        States and the airport;
          (C) notwithstanding section 40105(b) of this title, 
        the Secretary of Transportation, after consulting with 
        the appropriate aeronautic authorities of the foreign 
        country concerned and each air carrier serving the 
        airport and with the approval of the Secretary of 
        State, may withhold, revoke, or prescribe conditions on 
        the operating authority of an air carrier or foreign 
        air carrier that uses that airport to provide foreign 
        air transportation; and
          (D) the President may prohibit an air carrier or 
        foreign air carrier from providing transportation 
        between the United States and any other foreign airport 
        that is served by aircraft flying to or from the 
        airport with respect to which a decision is made under 
        this section.
    (2)(A) Paragraph (1) of this subsection becomes effective--
          (i) 90 days after the government of a foreign country 
        is notified under subsection (c) of this section if the 
        Secretary of Transportation finds that the government 
        has not brought the security measures at the airport up 
        to the standard the Secretary used in making an 
        assessment under subsection (a) of this section; or
          (ii) immediately on the decision of the Secretary of 
        Transportation under subsection (c) of this section if 
        the Secretary of Transportation decides, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, aircraft, or crew traveling to or from 
        the airport.
    (B) The Secretary of Transportation immediately shall 
notify the Secretary of State of a decision under subparagraph 
(A)(ii) of this paragraph so that the Secretary of State may 
issue a travel advisory required under section 44908(a) of this 
title.
    (3) The Secretary of Transportation promptly shall submit 
to Congress a report (and classified annex if necessary) on 
action taken under paragraph (1) or (2) of this subsection, 
including information on attempts made to obtain the 
cooperation of the government of a foreign country in meeting 
the standard the Secretary used in assessing the airport under 
subsection (a) of this section.
    (4) An action required under paragraph (1)(A) and (B) of 
this subsection is no longer required only if the Secretary of 
Transportation, in consultation with the Secretary of State, 
decides that effective security measures are maintained and 
carried out at the airport. The Secretary of Transportation 
shall notify Congress when the action is no longer required to 
be taken.
    (e) Suspensions.--Notwithstanding sections 40105(b) and 
40106(b) of this title, the Secretary of Transportation, with 
the approval of the Secretary of State and without notice or a 
hearing, shall suspend the right of an air carrier or foreign 
air carrier to provide foreign air transportation, and the 
right of a person to operate aircraft in foreign air commerce, 
to or from a foreign airport when the Secretary of 
Transportation decides that--
          (1) a condition exists that threatens the safety or 
        security of passengers, aircraft, or crew traveling to 
        or from that airport; and
          (2) the public interest requires an immediate 
        suspension of transportation between the United States 
        and that airport.
    (f) Condition of Carrier Authority.--This section is a 
condition to authority the Secretary of Transportation grants 
under this part to an air carrier or foreign air carrier.

Sec. 44908. Travel advisory and suspension of foreign assistance

    (a) Travel Advisories.--On being notified by the Secretary 
of Transportation that the Secretary of Transportation has 
decided under section 44907(d)(2)(A)(ii) of this title that a 
condition exists that threatens the safety or security of 
passengers, aircraft, or crew traveling to or from a foreign 
airport that the Secretary of Transportation has decided under 
section 44907 of this title does not maintain and carry out 
effective security measures, the Secretary of State--
          (1) immediately shall issue a travel advisory for 
        that airport; and \23\
---------------------------------------------------------------------------
    \23\ Sec. 2224(a) of title XXII of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 
112 Stat. 2681-819), inserted ``and'' at the end of para. (1), struck 
out para. (2), and redesignated para. (3) as para. (2). Para. (2) had 
previously read as follows:
    ``(2) shall publish the advisory in the Federal Register; and''.
---------------------------------------------------------------------------
          (2) \23\ shall publicize the advisory widely.
    (b) Suspended Assistance.--The President shall suspend 
assistance provided under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 
U.S.C. 2751 et seq.) to a country in which is located an 
airport with respect to which section 44907(d)(1) of this title 
becomes effective if the Secretary of State decides the country 
is a high terrorist threat country. The President may waive 
this subsection if the President decides, and reports to 
Congress, that the waiver is required because of national 
security interests or a humanitarian emergency.
    (c) Actions No Longer Required.--An action required under 
this section is no longer required only if the Secretary of 
Transportation has made a decision as provided under section 
44907(d)(4) of this title. The Secretary shall notify Congress 
when the action is no longer required to be taken.

Sec. 44909. Passenger manifests

    (a) Air Carrier Requirements.--(1) Not later than March 16, 
1991, the Secretary of Transportation shall require each air 
carrier to provide a passenger manifest for a flight to an 
appropriate representative of the Secretary of State--
          (A) not later than one hour after that carrier is 
        notified of an aviation disaster outside the United 
        States involving that flight; or
          (B) if it is not technologically feasible or 
        reasonable to comply with clause (A) of this paragraph, 
        then as expeditiously as possible, but not later than 3 
        hours after the carrier is so notified.
    (2) The passenger manifest should \24\ include the 
following information:
---------------------------------------------------------------------------
    \24\ Sec. 718 of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century (Public Law 106-181; 114 Stat. 163) struck out 
``shall'' and inserted in lieu thereof ``should''.
---------------------------------------------------------------------------
          (A) the full name of each passenger.
          (B) the passport number of each passenger, if 
        required for travel.
          (C) the name and telephone number of a contact for 
        each passenger.
    (3) In carrying out this subsection, the Secretary of 
Transportation shall consider the necessity and feasibility of 
requiring air carriers to collect passenger manifest 
information as a condition for passengers boarding a flight of 
the carrier.
    (b) Foreign Air Carrier Requirements.--The Secretary of 
Transportation shall consider imposing a requirement on foreign 
air carriers comparable to that imposed on air carriers under 
subsection (a)(1) and (2) of this section.
    (c) \25\ Flights in Foreign Air Transportation to the 
United States.--
---------------------------------------------------------------------------
    \25\ Sec. 115 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 623) added subsec. (c).
---------------------------------------------------------------------------
          (1) In general.--Not later than 60 days after the 
        date of enactment of the Aviation and Transportation 
        Security Act, each air carrier and foreign air carrier 
        operating a passenger flight in foreign air 
        transportation to the United States shall provide to 
        the Commissioner of Customs by electronic transmission 
        a passenger and crew manifest containing the 
        information specified in paragraph (2). Carriers may 
        use the advanced passenger information system 
        established under section 431 of the Tariff Act of 1930 
        (19 U.S.C. 1431) to provide the information required by 
        the preceding sentence.
          (2) Information.--A passenger and crew manifest for a 
        flight required under paragraph (1) shall contain the 
        following information:
                  (A) The full name of each passenger and crew 
                member.
                  (B) The date of birth and citizenship of each 
                passenger and crew member.
                  (C) The sex of each passenger and crew 
                member.
                  (D) The passport number and country of 
                issuance of each passenger and crew member if 
                required for travel.
                  (E) The United States visa number or resident 
                alien card number of each passenger and crew 
                member, as applicable.
                  (F) Such other information as the Under 
                Secretary, in consultation with the 
                Commissioner of Customs, determines is 
                reasonably necessary to ensure aviation safety.
          (3) Passenger name records.--The carriers shall make 
        passenger name record information available to the 
        Customs Service upon request.
          (4) Transmission of manifest.--Subject to paragraph 
        (5), a passenger and crew manifest required for a 
        flight under paragraph (1) shall be transmitted to the 
        Customs Service in advance of the aircraft landing in 
        the United States in such manner, time, and form as the 
        Customs Service prescribes.
          (5) Transmission of manifests to other federal 
        agencies.--Upon request, information provided to the 
        Under Secretary or the Customs Service under this 
        subsection may be shared with other Federal agencies 
        for the purpose of protecting national security.

Sec. 44910. Agreements on aircraft sabotage, aircraft hijacking, and 
                    airport security

    The Secretary of State shall seek multilateral and 
bilateral agreement on strengthening enforcement measures and 
standards for compliance related to aircraft sabotage, aircraft 
hijacking, and airport security.

Sec. 44911. Intelligence

    (a) Definition.--In this section, ``intelligence 
community'' means the intelligence and intelligence-related 
activities of the following units of the United States 
Government:
          (1) the Department of State.
          (2) the Department of Defense.
          (3) the Department of the Treasury.
          (4) the Department of Energy.
          (5) the Departments of the Army, Navy, and Air Force.
          (6) the Central Intelligence Agency.
          (7) the National Security Agency.
          (8) the Defense Intelligence Agency.
          (9) the Federal Bureau of Investigation.
          (10) the Drug Enforcement Administration.
    (b) Policies and Procedures on Report Availability.--The 
head of each unit in the intelligence community shall prescribe 
policies and procedures to ensure that intelligence reports 
about \26\ terrorism are made available, as appropriate, to the 
heads of other units in the intelligence community, the 
Secretary of Transportation, and the Under Secretary \3\ of 
Transportation for Security.\4\
---------------------------------------------------------------------------
    \26\ Sec. 102(b) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 605) struck out ``international'' which 
previously appeared at this point.
---------------------------------------------------------------------------
    (c) Unit for Strategic Planning on Terrorism.--The heads of 
the units in the intelligence community shall place \27\ 
greater emphasis on strategic intelligence efforts by 
establishing a unit for strategic planning on terrorism.
---------------------------------------------------------------------------
    \27\ Sec. 102(c) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 605) struck out ``consider placing'' and 
inserted in lieu thereof ``place''.
---------------------------------------------------------------------------
    (d) Designation of Intelligence Officer.--At the request of 
the Secretary, the Director of Central Intelligence shall 
designate at least one intelligence officer of the Central 
Intelligence Agency to serve in a senior position in the Office 
of the Secretary.
    (e) Written Working Agreements.--The heads of units in the 
intelligence community, the Secretary, and the Under Secretary 
\3\ shall review and, as appropriate, revise written working 
agreements between the intelligence community and the Under 
Secretary.\3\

Sec. 44912. Research and development

    (a) Program Requirement.--(1) The Under Secretary \3\ of 
Transportation for Security \4\ shall establish and carry out a 
program to accelerate and expand the research, development, and 
implementation of technologies and procedures to counteract 
terrorist acts against civil aviation. The program shall 
provide for developing and having in place, not later than 
November 16, 1993, new equipment and procedures necessary to 
meet the technological challenges presented by terrorism. The 
program shall include research on, and development of, 
technological improvements and ways to enhance human 
performance.
    (2) In designing and carrying out the program established 
under this subsection, the Under Secretary \3\ shall--
          (A) consult and coordinate activities with other 
        departments, agencies, and instrumentalities of the 
        United States Government doing similar research;
          (B) identify departments, agencies, and 
        instrumentalities that would benefit from that 
        research; and
          (C) seek cost-sharing agreements with those 
        departments, agencies, and instrumentalities.
    (3) In carrying out the program established under this 
subsection, the Under Secretary \3\ shall review and consider 
the annual reports the Secretary of Transportation submits to 
Congress on transportation security and intelligence.
    (4) \28\ (A) In carrying out the program established under 
this subsection, the Administrator shall designate an 
individual to be responsible for engineering, research, and 
development with respect to security technology under the 
program.
---------------------------------------------------------------------------
    \28\ Sec. 112(b)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) redesignated para. (4) as para. (5) 
and added a new para. (4).
---------------------------------------------------------------------------
          (B) The individual designated under subparagraph (A) 
        shall use appropriate systems engineering and risk 
        management models in making decisions regarding the 
        allocation of funds for engineering, research, and 
        development with respect to security technology under 
        the program.
          (C) The individual designated under subparagraph (A) 
        shall, on an annual basis, submit to the Research, 
        Engineering and Development Advisory Committee a report 
        on activities under this paragraph during the preceding 
        year. Each report shall include, for the year covered 
        by such report, information on--
                  (i) progress made in engineering, research, 
                and development with respect to security 
                technology;
                  (ii) the allocation of funds for engineering, 
                research, and development with respect to 
                security technology; and
                  (iii) engineering, research, and development 
                with respect to any technologies drawn from 
                other agencies, including the rationale for 
                engineering, research, and development with 
                respect to such technologies.
    (5) \28\ The Under Secretary \3\ may--
          (A) make grants to institutions of higher learning 
        and other appropriate research facilities with 
        demonstrated ability to carry out research described in 
        paragraph (1) of this subsection, and fix the amounts 
        and terms of the grants; and
          (B) make cooperative agreements with governmental 
        authorities the Under Secretary \3\ decides are 
        appropriate.
    (b) Review of Threats.--(1) The Under Secretary \3\ shall 
periodically review \29\ threats to civil aviation, with 
particular focus on--
---------------------------------------------------------------------------
    \29\ Sec. 112(a)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) struck out ``complete an intensive 
review of'' and inserted in lieu thereof ``periodically review''.
---------------------------------------------------------------------------
          (A) \30\ a comprehensive systems analysis (employing 
        vulnerability analysis, threat attribute definition, 
        and technology roadmaps) of the civil aviation system, 
        including--
---------------------------------------------------------------------------
    \30\ Sec. 112(b)(2) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 621) redesignated subparas. (A) through 
(G) as subparas. (B) through (H) and added a new subpara. (A).
---------------------------------------------------------------------------
                  (i) the destruction, commandeering, or 
                diversion of civil aircraft or the use of civil 
                aircraft as a weapon; and
                  (ii) the disruption of civil aviation 
                service, including by cyber attack;
          (B) \30\ explosive material that presents the most 
        significant threat to civil aircraft;
          (C) \30\ the minimum amounts, configurations, and 
        types of explosive material that can cause, or would 
        reasonably be expected to cause, catastrophic damage to 
        aircraft in air transportation; \31\
---------------------------------------------------------------------------
    \31\ Sec. 112(a)(2) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) struck out ``commercial aircraft in 
service and expected to be in service in the 10-year period beginning 
on November 16, 1990;'' and inserted in lieu thereof ``aircraft in air 
transportation;''.
---------------------------------------------------------------------------
          (D) \30\ the amounts, configurations, and types of 
        explosive material that can be detected reliably by 
        existing, or reasonably anticipated, near-term 
        explosive detection technologies;
          (E) \32\ the potential release of chemical, 
        biological, or similar weapons or devices either within 
        an aircraft or within an airport;
---------------------------------------------------------------------------
    \32\ Sec. 112(a)(3) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) added subpara. (E), originally as 
subpara. (D), and redesignated the following subparas. accordingly. 
Subsequently, sec. 112(b)(2) of the Aviation and Transportation 
Security Act (Public Law 107-71; 115 Stat. 621) redesignated subparas. 
(A) through (G) as subparas. (B) through (H).
---------------------------------------------------------------------------
          (F) \32\ the feasibility of using various ways to 
        minimize damage caused by explosive material that 
        cannot be detected reliably by existing, or reasonably 
        anticipated, near-term explosive detection 
        technologies;
          (G) \32\ the ability to screen passengers, carry-on 
        baggage, checked baggage, and cargo; and
          (H) \32\ the technologies that might be used in the 
        future to attempt to destroy or otherwise threaten 
        commercial aircraft and the way in which those 
        technologies can be countered effectively.
    (2) The Under Secretary \3\ shall use the results of the 
review under this subsection to develop the focus and 
priorities of the program established under subsection (a) of 
this section.
    (c) \33\ Scientific Advisory Panel.--(1) The Administrator 
shall establish a scientific advisory panel, as a subcommittee 
of the Research, Engineering, and Development Advisory 
Committee, to review, comment on, advise the progress of, and 
recommend modifications in, the program established under 
subsection (a) of this section, including the need for long-
range research programs to detect and prevent catastrophic 
damage to commercial aircraft, commercial aviation facilities, 
commercial aviation personnel and passengers, and other 
components of the commercial aviation system by the next 
generation of terrorist weapons.
---------------------------------------------------------------------------
    \33\ Sec. 112(b)(3) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) amended and restated subsec. (c), 
which previously read as follows:
    ``(c) Scientific Advisory Panel.--The Administrator shall establish 
a scientific advisory panel, as a subcommittee of the Research, 
Engineering and Development Advisory Committee, to review, comment on, 
advise on the progress of, and recommend modifications in, the program 
established under subsection (a) of this section, including the need 
for long-range research programs to detect and prevent catastrophic 
damage to commercial aircraft by the next generation of terrorist 
weapons. The panel shall consist of individuals with scientific and 
technical expertise in--
---------------------------------------------------------------------------

  ``(1) the development and testing of effective explosive detection 
systems;

  ``(2) aircraft structure and experimentation to decide on the type and 
minimum weights of explosives that an effective technology must be capable 
of detecting;

  ``(3) technologies involved in minimizing airframe damage to aircraft 
from explosives; and

  ``(4) other scientific and technical areas the Administrator considers 
appropriate.''.

    (2)(A) The advisory panel shall consist of individuals who 
have scientific and technical expertise in--
          (i) the development and testing of effective 
        explosive detection systems;
          (ii) aircraft structure and experimentation to decide 
        on the type and minimum weights of explosives that an 
        effective explosive detection technology must be 
        capable of detecting;
          (iii) technologies involved in minimizing airframe 
        damage to aircraft from explosives; and
          (iv) other scientific and technical areas the 
        Administrator considers appropriate.
    (B) In appointing individuals to the advisory panel, the 
Administrator should consider individuals from academia and the 
national laboratories, as appropriate.
    (3) The Administrator shall organize the advisory panel 
into teams capable of undertaking the review of policies and 
technologies upon request.
    (4) Not later than 90 days after the date of the enactment 
of the Aviation and Transportation Security Act, and every two 
years thereafter, the Administrator shall review the 
composition of the advisory panel in order to ensure that the 
expertise of the individuals on the panel is suited to the 
current and anticipated duties of the panel.

Sec. 44913. Explosive detection

    (a) Deployment and Purchase of Equipment.--(1) A deployment 
or purchase of explosive detection equipment under section 
108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, 
or similar regulation is required only if the Under Secretary 
\3\ of Transportation for Security \4\ certifies that the 
equipment alone, or as part of an integrated system, can detect 
under realistic air carrier operating conditions the amounts, 
configurations, and types of explosive material that would 
likely be used to cause catastrophic damage to commercial 
aircraft. The Under Secretary \3\ shall base the certification 
on the results of tests conducted under protocols developed in 
consultation with expert scientists outside of the 
Transportation Security Administration.\34\ Those tests shall 
be completed not later than April 16, 1992.
---------------------------------------------------------------------------
    \34\ Sec. 101(f)(2) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``of the Administration'' 
and inserted in lieu thereof ``of the Transportation Security 
Administration''.
---------------------------------------------------------------------------
    (2) Before completion of the tests described in paragraph 
(1) of this subsection, but not later than April 16, 1992, the 
Under Secretary \3\ may require deployment of explosive 
detection equipment described in paragraph (1) if the Under 
Secretary \3\ decides that deployment will enhance aviation 
security significantly. In making that decision, the Under 
Secretary \3\ shall consider factors such as the ability of the 
equipment alone, or as part of an integrated system, to detect 
under realistic air carrier operating conditions the amounts, 
configurations, and types of explosive material that would 
likely be used to cause catastrophic damage to commercial 
aircraft. The Under Secretary \3\ shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure \35\ of the 
House of Representatives of a deployment decision made under 
this paragraph.
---------------------------------------------------------------------------
    \35\ Sec. 5(9) of Public Law 104-287 (110 Stat. 3389) struck out 
``Public Works and Transportation'' and inserted in lieu thereof 
``Transportation and Infrastructure''.
---------------------------------------------------------------------------
    (3) \36\ Until such time as the Under Secretary \3\ 
determines that equipment certified under paragraph (1) is 
commercially available and has successfully completed 
operational testing as provided in paragraph (1), the Under 
Secretary \3\ shall facilitate the deployment of such approved 
commercially available explosive detection devices as the Under 
Secretary \3\ determines will enhance aviation security 
significantly. The Under Secretary \3\ shall require that 
equipment deployed under this paragraph be replaced by 
equipment certified under paragraph (1) when equipment 
certified under paragraph (1) becomes commercially available. 
The Under Secretary \3\ is authorized , based on operational 
considerations at individual airports, to waive the required 
installation of commercially available equipment under 
paragraph (1) in the interests of aviation security. The Under 
Secretary \3\ may permit the requirements of this paragraph to 
be met at airports by the deployment of dogs or other 
appropriate animals to supplement equipment for screening 
passengers, baggage, mail, or cargo for explosives or weapons.
---------------------------------------------------------------------------
    \36\ Sec. 305(a) of Public Law 104-264 (110 Stat. 3252) 
redesignated para. (3) as para. (4), and added a new para. (3).
---------------------------------------------------------------------------
    (4) \36\ This subsection does not prohibit the Under 
Secretary \3\ from purchasing or deploying explosive detection 
equipment described in paragraph (1) of this subsection.
    (b) Grants.--The Secretary of Transportation may provide 
grants to continue the Explosive Detection K-9 Team Training 
Program to detect explosives at airports and on aircraft.

Sec. 44914. Airport construction guidelines

    In consultation with air carriers, airport authorities, and 
others the Under Secretary \3\ of Transportation for Security 
\4\ considers appropriate, the Under Secretary \3\ shall 
develop guidelines for airport design and construction to allow 
for maximum security enhancement. In developing the guidelines, 
the Under Secretary \3\ shall consider the results of the 
assessment carried out under section 44904(a) of this title.

Sec. 44915. Exemptions

    The Under Secretary \3\ of Transportation for Security \4\ 
may exempt from sections 44901, 44903(a)-(c) and (e), 44906, 
44935, and 44936 of this title airports in Alaska served only 
by air carriers that--
          (1) hold certificates issued under section 41102 of 
        this title;
          (2) operate aircraft with certificates for a maximum 
        gross takeoff weight of less than 12,500 pounds; and
          (3) board passengers, or load property intended to be 
        carried in an aircraft cabin, that will be screened 
        under section 44901 of this title at another airport in 
        Alaska before the passengers board, or the property is 
        loaded on, an aircraft for a place outside Alaska.

Sec. 44916.\37\ Assessments and evaluations

    (a) Periodic Assessments.--The Under Secretary of 
Transportation Security \38\ shall require each air carrier and 
airport (including the airport owner or operator in cooperation 
with the air carriers and vendors serving each airport) that 
provides for intrastate, interstate, or foreign air 
transportation to conduct periodic vulnerability assessments of 
the security systems of that air carrier or airport, 
respectively. The Transportation Security Administration \39\ 
shall perform periodic audits of such assessments.
---------------------------------------------------------------------------
    \37\ Sec. 312(a) of Public Law 104-264 (110 Stat. 3254) added sec. 
44916.
    \38\ Sec. 101(f)(A) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``Administrator'' and 
inserted in lieu thereof ``Under Secretary of Transportation 
Security''.
    \39\ Sec. 101(f)(B) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``Administration'' and 
inserted in lieu thereof ``Transportation Security Administration''.
---------------------------------------------------------------------------
    (b) Investigations.--The Under Secretary \3\ shall conduct 
periodic and unannounced inspections of security systems of 
airports and air carriers to determine the effectiveness and 
vulnerabilities of such systems. To the extent allowable by 
law, the Under Secretary \3\ may provide for anonymous tests of 
those security systems.

Sec. 44917.\40\ Deployment of Federal air marshals

    (a) In General.--The Under Secretary of Transportation for 
Security under the authority provided by section 44903(d)
---------------------------------------------------------------------------
    \40\ Sec. 105 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 606) added sec. 44917.
---------------------------------------------------------------------------
          (1) may provide for deployment of Federal air 
        marshals on every passenger flight of air carriers in 
        air transportation or intrastate air transportation;
          (2) shall provide for deployment of Federal air 
        marshals on every such flight determined by the 
        Secretary to present high security risks;
          (3) shall provide for appropriate training, 
        supervision, and equipment of Federal air marshals;
          (4) shall require air carriers providing flights 
        described in paragraph (1) to provide seating for a 
        Federal air marshal on any such flight without regard 
        to the availability of seats on the flight and at no 
        cost to the United States Government or the marshal;
          (5) may require air carriers to provide, on a space-
        available basis, to an off-duty Federal air marshal a 
        seat on a flight to the airport nearest the marshal's 
        home at no cost to the marshal or the United States 
        Government if the marshal is traveling to that airport 
        after completing his or her security duties;
          (6) may enter into agreements with Federal, State, 
        and local agencies under which appropriately-trained 
        law enforcement personnel from such agencies, when 
        traveling on a flight of an air carrier, will carry a 
        firearm and be prepared to assist Federal air marshals;
          (7) shall establish procedures to ensure that Federal 
        air marshals are made aware of any armed or unarmed law 
        enforcement personnel on board an aircraft; and
          (8) may appoint--
                  (A) an individual who is a retired law 
                enforcement officer;
                  (B) an individual who is a retired member of 
                the Armed Forces; and
                  (C) an individual who has been furloughed 
                from an air carrier crew position in the 1-year 
                period beginning on September 11, 2001, as a 
                Federal air marshal, regardless of age, if the 
                individual otherwise meets the background and 
                fitness qualifications required for Federal air 
                marshals.
    (b) Long Distance Flights.--In making the determination 
under subsection (a)(2), nonstop, long distance flights, such 
as those targeted on September 11, 2001, should be a priority.
    (c) Interim Measures.--Until the Under Secretary completes 
implementation of subsection (a), the Under Secretary may use, 
after consultation with and concurrence of the heads of other 
Federal agencies and departments, personnel from those agencies 
and departments, on a nonreimbursable basis, to provide air 
marshal service.

Sec. 44918.\41\ Crew training

    (a) Basic Security Training.--
          (1) In general.--Each air carrier providing scheduled 
        passenger air transportation shall carry out a training 
        program for flight and cabin crew members to prepare 
        the crew members for potential threat conditions.
---------------------------------------------------------------------------
    \41\ Sec. 603 of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2563) amended and 
restated sec. 44918, which had originally been added by sec. 107 of the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
610), and further amended by sec. 1403(a) of the Homeland Security Act 
of 2002 (Public law 107-296; 116 Stat. 2305).
---------------------------------------------------------------------------
          (2) Program elements.--An air carrier training 
        program under this subsection shall include, at a 
        minimum, elements that address each of the following:
                  (A) Recognizing suspicious activities and 
                determining the seriousness of any occurrence.
                  (B) Crew communication and coordination.
                  (C) The proper commands to give passengers 
                and attackers.
                  (D) Appropriate responses to defend oneself.
                  (E) Use of protective devices assigned to 
                crew members (to the extent such devices are 
                required by the Administrator of the Federal 
                Aviation Administration or the Under Secretary 
                for Border and Transportation Security of the 
                Department of Homeland Security).
                  (F) Psychology of terrorists to cope with 
                hijacker behavior and passenger responses.
                  (G) Situational training exercises regarding 
                various threat conditions.
                  (H) Flight deck procedures or aircraft 
                maneuvers to defend the aircraft and cabin crew 
                responses to such procedures and maneuvers.
                  (I) The proper conduct of a cabin search, 
                including explosive device recognition.
                  (J) Any other subject matter considered 
                appropriate by the Under Secretary.
          (3) Approval.--An air carrier training program under 
        this subsection shall be subject to approval by the 
        Under Secretary.
          (4) Minimum standards.--Not later than one year after 
        the date of enactment of the Vision 100--Century of 
        Aviation Reauthorization Act, the Under Secretary may 
        establish minimum standards for the training provided 
        under this subsection and for recurrent training.
          (5) Existing programs.--Notwithstanding paragraphs 
        (3) and (4), any training program of an air carrier to 
        prepare flight and cabin crew members for potential 
        threat conditions that was approved by the 
        Administrator or the Under Secretary before the date of 
        enactment of the Vision 100--Century of Aviation 
        Reauthorization Act may continue in effect until 
        disapproved or ordered modified by the Under Secretary.
          (6) Monitoring.--The Under Secretary, in consultation 
        with the Administrator, shall monitor air carrier 
        training programs under this subsection and 
        periodically shall review an air carrier's training 
        program to ensure that the program is adequately 
        preparing crew members for potential threat conditions. 
        In determining when an air carrier's training program 
        should be reviewed under this paragraph, the Under 
        Secretary shall consider complaints from crew members. 
        The Under Secretary shall ensure that employees 
        responsible for monitoring the training programs have 
        the necessary resources and knowledge.
          (7) Updates.--The Under Secretary, in consultation 
        with the Administrator, shall order air carriers to 
        modify training programs under this subsection to 
        reflect new or different security threats.
    (b) Advanced Self-Defense Training.--
          (1) In general.--Not later than one year after the 
        date of enactment of the Vision 100--Century of 
        Aviation Reauthorization Act, the Under Secretary shall 
        develop and provide a voluntary training program for 
        flight and cabin crew members of air carriers providing 
        scheduled passenger air transportation.
          (2) Program elements.--The training program under 
        this subsection shall include both classroom and 
        effective hands-on training in the following elements 
        of self-defense:
                  (A) Deterring a passenger who might present a 
                threat.
                  (B) Advanced control, striking, and restraint 
                techniques.
                  (C) Training to defend oneself against edged 
                or contact weapons.
                  (D) Methods to subdue and restrain an 
                attacker.
                  (E) Use of available items aboard the 
                aircraft for self-defense.
                  (F) Appropriate and effective responses to 
                defend oneself, including the use of force 
                against an attacker.
                  (G) Any other element of training that the 
                Under Secretary considers appropriate.
          (3) Participation not required.--A crew member shall 
        not be required to participate in the training program 
        under this subsection.
          (4) Compensation.--Neither the Federal Government nor 
        an air carrier shall be required to compensate a crew 
        member for participating in the training program under 
        this subsection.
          (5) Fees.--A crew member shall not be required to pay 
        a fee for the training program under this subsection.
          (6) Consultation.--In developing the training program 
        under this subsection, the Under Secretary shall 
        consult with law enforcement personnel and security 
        experts who have expertise in self-defense training, 
        terrorism experts, representatives of air carriers, the 
        director of self-defense training in the Federal Air 
        Marshals Service, flight attendants, labor 
        organizations representing flight attendants, and 
        educational institutions offering law enforcement 
        training programs.
          (7) Designation of tsa official.--The Under Secretary 
        shall designate an official in the Transportation 
        Security Administration to be responsible for 
        implementing the training program under this 
        subsection. The official shall consult with air 
        carriers and labor organizations representing crew 
        members before implementing the program to ensure that 
        it is appropriate for situations that may arise on 
        board an aircraft during a flight.
    (c) Limitation.--Actions by crew members under this section 
shall be subject to the provisions of section 44903(k).

Sec. 44919.\42\ Security screening pilot program

    (a) Establishment of Program.--The Under Secretary shall 
establish a pilot program under which, upon approval of an 
application submitted by an operator of an airport, the 
screening of passengers and property at the airport under 
section 44901 will be carried out by the screening personnel of 
a qualified private screening company under a contract entered 
into with the Under Secretary.
---------------------------------------------------------------------------
    \42\ Sec. 108(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 611) added secs. 44919 and 44920.
---------------------------------------------------------------------------
    (b) Period of Pilot Program.--The pilot program under this 
section shall begin on the last day of the 1-year period 
beginning on the date of enactment of this section and end on 
the last day of the 3-year period beginning on such date of 
enactment.
    (c) Applications.--An operator of an airport may submit to 
the Under Secretary an application to participate in the pilot 
program under this section.
    (d) Selection of Airports.--From among applications 
submitted under subsection (c), the Under Secretary may select 
for participation in the pilot program not more than 1 airport 
from each of the 5 airport security risk categories, as defined 
by the Under Secretary.
    (e) Supervision of Screened Personnel.--The Under Secretary 
shall provide Federal Government supervisors to oversee all 
screening at each airport participating in the pilot program 
under this section and provide Federal Government law 
enforcement officers at the airport pursuant to this chapter.
    (f) Qualified Private Screening Company.--A private 
screening company is qualified to provide screening services at 
an airport participating in the pilot program under this 
section if the company will only employ individuals to provide 
such services who meet all the requirements of this chapter 
applicable to Federal Government personnel who perform 
screening services at airports under this chapter and will 
provide compensation and other benefits to such individuals 
that are not less than the level of compensation and other 
benefits provided to such Federal Government personnel in 
accordance with this chapter.
    (g) Standards for Private Screening Companies.--The Under 
Secretary may enter into a contract with a private screening 
company to provide screening at an airport participating in the 
pilot program under this section only if the Under Secretary 
determines and certifies to Congress that the private screening 
company is owned and controlled by a citizen of the United 
States, to the extent that the Under Secretary determines that 
there are private screening companies owned and controlled by 
such citizens.
    (h) Termination of Contracts.--The Under Secretary may 
terminate any contract entered into with a private screening 
company to provide screening services at an airport under the 
pilot program if the Under Secretary finds that the company has 
failed repeatedly to comply with any standard, regulation, 
directive, order, law, or contract applicable to the hiring or 
training of personnel to provide such services or to the 
provision of screening at the airport.
    (i) Election.--If a contract is in effect with respect to 
screening at an airport under the pilot program on the last day 
of the 3-year period beginning on the date of enactment of this 
section, the operator of the airport may elect to continue to 
have such screening carried out by the screening personnel of a 
qualified private screening company under a contract entered 
into with the Under Secretary under section 44920 or by Federal 
Government personnel in accordance with this chapter.

Sec. 44920.\42\ Security screening opt-out program

    (a) In General.--On or after the last day of the 2-year 
period beginning on the date on which the Under Secretary 
transmits to Congress the certification required by section 
110(c) of the Aviation and Transportation Security Act, an 
operator of an airport may submit to the Under Secretary an 
application to have the screening of passengers and property at 
the airport under section 44901 to be carried out by the 
screening personnel of a qualified private screening company 
under a contract entered into with the Under Secretary.
    (b) Approval of Applications.--The Under Secretary may 
approve any application submitted under subsection (a).
    (c) Qualified Private Screening Company.--A private 
screening company is qualified to provide screening services at 
an airport under this section if the company will only employ 
individuals to provide such services who meet all the 
requirements of this chapter applicable to Federal Government 
personnel who perform screening services at airports under this 
chapter and will provide compensation and other benefits to 
such individuals that are not less than the level of 
compensation and other benefits provided to such Federal 
Government personnel in accordance with this chapter.
    (d) Standards for Private Screening Companies.--The Under 
Secretary may enter into a contract with a private screening 
company to provide screening at an airport under this section 
only if the Under Secretary determines and certifies to 
Congress that--
          (1) the level of screening services and protection 
        provided at the airport under the contract will be 
        equal to or greater than the level that would be 
        provided at the airport by Federal Government personnel 
        under this chapter; and
          (2) the private screening company is owned and 
        controlled by a citizen of the United States, to the 
        extent that the Under Secretary determines that there 
        are private screening companies owned and controlled by 
        such citizens.
    (e) Supervision of Screened Personnel.--The Under Secretary 
shall provide Federal Government supervisors to oversee all 
screening at each airport at which screening services are 
provided under this section and provide Federal Government law 
enforcement officers at the airport pursuant to this chapter.
    (f) Termination of Contracts.--The Under Secretary may 
terminate any contract entered into with a private screening 
company to provide screening services at an airport under this 
section if the Under Secretary finds that the company has 
failed repeatedly to comply with any standard, regulation, 
directive, order, law, or contract applicable to the hiring or 
training of personnel to provide such services or to the 
provision of screening at the airport.
    (g) \43\ Operator of Airport.--Notwithstanding any other 
provision of law, an operator of an airport shall not be liable 
for any claims for damages filed in State or Federal court 
(including a claim for compensatory, punitive, contributory, or 
indemnity damages) relating to--
---------------------------------------------------------------------------
    \43\ Sec. 547 of the Department of Homeland Security Appropriations 
Act, 2006 (Public Law 109-90; 119 Stat. 2089), added subsec. (g).
---------------------------------------------------------------------------
          (1) such airport operator's decision to submit an 
        application to the Secretary of Homeland Security under 
        subsection (a) or section 44919 or such airport 
        operator's decision not to submit an application; and
          (2) any act of negligence, gross negligence, or 
        intentional wrongdoing by--
                  (A) a qualified private screening company or 
                any of its employees in any case in which the 
                qualified private screening company is acting 
                under a contract entered into with the 
                Secretary of Homeland Security or the 
                Secretary's designee; or
                  (B) employees of the Federal Government 
                providing passenger and property security 
                screening services at the airport.
          (3) Nothing in this section shall relieve any airport 
        operator from liability for its own acts or omissions 
        related to its security responsibilities, nor except as 
        may be provided by the Support Anti-Terrorism by 
        Fostering Effective Technologies Act of 2002 shall it 
        relieve any qualified private screening company or its 
        employees from any liability related to its own acts of 
        negligence, gross negligence, or intentional 
        wrongdoing.

Sec. 44921.\44\ Federal flight deck officer program

    (a) Establishment.--The Under Secretary of Transportation 
for Security shall establish a program to deputize volunteer 
pilots of air carriers providing \45\ air transportation or 
intrastate \45\ air transportation as Federal law enforcement 
officers to defend the flight decks of aircraft of such air 
carriers against acts of criminal violence or air piracy. Such 
officers shall be known as ``Federal flight deck officers''.
---------------------------------------------------------------------------
    \44\ Sec. 1402(a) of the Homeland Security Act of 2002 (Public Law 
107-296; 116 Stat. 2300) added sec. 44921.
    \45\ Sec. 609(b) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2570) struck out 
``passenger'' that previously appeared at this point.
---------------------------------------------------------------------------
    (b) Procedural Requirements.--
          (1) In general.--Not later than 3 months after the 
        date of enactment of this section, the Under Secretary 
        shall establish procedural requirements to carry out 
        the program under this section.
          (2) Commencement of program.--Beginning 3 months 
        after the date of enactment of this section, the Under 
        Secretary shall begin the process of training and 
        deputizing pilots who are qualified to be Federal 
        flight deck officers as Federal flight deck officers 
        under the program.
          (3) Issues to be addressed.--The procedural 
        requirements established under paragraph (1) shall 
        address the following issues:
                  (A) The type of firearm to be used by a 
                Federal flight deck officer.
                  (B) The type of ammunition to be used by a 
                Federal flight deck officer.
                  (C) The standards and training needed to 
                qualify and requalify as a Federal flight deck 
                officer.
                  (D) The placement of the firearm of a Federal 
                flight deck officer on board the aircraft to 
                ensure both its security and its ease of 
                retrieval in an emergency.
                  (E) An analysis of the risk of catastrophic 
                failure of an aircraft as a result of the 
                discharge (including an accidental discharge) 
                of a firearm to be used in the program into the 
                avionics, electrical systems, or other 
                sensitive areas of the aircraft.
                  (F) The division of responsibility between 
                pilots in the event of an act of criminal 
                violence or air piracy if only 1 pilot is a 
                Federal flight deck officer and if both pilots 
                are Federal flight deck officers.
                  (G) Procedures for ensuring that the firearm 
                of a Federal flight deck officer does not leave 
                the cockpit if there is a disturbance in the 
                passenger cabin of the aircraft or if the pilot 
                leaves the cockpit for personal reasons.
                  (H) Interaction between a Federal flight deck 
                officer and a Federal air marshal on board the 
                aircraft.
                  (I) The process for selection of pilots to 
                participate in the program based on their 
                fitness to participate in the program, 
                including whether an additional background 
                check should be required beyond that required 
                by section 44936(a)(1).
                  (J) Storage and transportation of firearms 
                between flights, including international 
                flights, to ensure the security of the 
                firearms, focusing particularly on whether such 
                security would be enhanced by requiring storage 
                of the firearm at the airport when the pilot 
                leaves the airport to remain overnight away 
                from the pilot's base airport.
                  (K) Methods for ensuring that security 
                personnel ill be able to identify whether a 
                pilot is authorized to carry a firearm under 
                the program.
                  (L) Methods for ensuring that pilots 
                (including Federal flight deck officers) will 
                be able to identify whether a passenger is a 
                law enforcement officer who is authorized to 
                carry a firearm aboard the aircraft.
                  (M) Any other issues that the Under Secretary 
                considers necessary.
                  (N) The Under Secretary's decisions regarding 
                the methods for implementing each of the 
                foregoing procedural requirements shall be 
                subject to review only for abuse of discretion.
          (4) Preference.--In selecting pilots to participate 
        in the program, the Under Secretary shall give 
        preference to pilots who are former military or law 
        enforcement personnel.
          (5) Classified information.--Notwithstanding section 
        552 of title 5 but subject to section 40119 of this 
        title, information developed under paragraph (3)(E) 
        shall not be disclosed.
          (6) Notice to congress.--The Under Secretary shall 
        provide notice to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate after completing the analysis required by 
        paragraph (3)(E).
          (7) Minimization of risk.--If the Under Secretary 
        determines as a result of the analysis under paragraph 
        (3)(E) that there is a significant risk of the 
        catastrophic failure of an aircraft as a result of the 
        discharge of a firearm, the Under Secretary shall take 
        such actions as may be necessary to minimize that risk.
    (c) Training, Supervision, and Equipment.--
          (1) In general.--The Under Secretary shall only be 
        obligated to provide the training, supervision, and 
        equipment necessary for a pilot to be a Federal flight 
        deck officer under this section at no expense to the 
        pilot or the air carrier employing the pilot.
          (2) Training.--
                  (A) In general.--The Under Secretary shall 
                base the requirements for the training of 
                Federal flight deck officers under subsection 
                (b) on the training standards applicable to 
                Federal air marshals; except that the Under 
                Secretary shall take into account the differing 
                roles and responsibilities of Federal flight 
                deck officers and Federal air marshals.
                  (B) Elements.--The training of a Federal 
                flight deck officer shall include, at a 
                minimum, the following elements:
                          (i) Training to ensure that the 
                        officer achieves the level of 
                        proficiency with a firearm required 
                        under subparagraph (C)(i).
                          (ii) Training to ensure that the 
                        officer maintains exclusive control 
                        over the officer's firearm at all 
                        times, including training in defensive 
                        maneuvers.
                          (iii) Training to assist the officer 
                        in determining when it is appropriate 
                        to use the officer's firearm and when 
                        it is appropriate to use less than 
                        lethal force.
                  (C) Training in use of firearms.--
                          (i) Standard.--In order to be 
                        deputized as a Federal flight deck 
                        officer, a pilot must achieve a level 
                        of proficiency with a firearm that is 
                        required by the Under Secretary. Such 
                        level shall be comparable to the level 
                        of proficiency required of Federal air 
                        marshals.
                          (ii) Conduct of training.--The 
                        training of a Federal flight deck 
                        officer in the use of a firearm may be 
                        conducted by the Under Secretary or by 
                        a firearms training facility approved 
                        by the Under Secretary.
                          (iii) Requalification.--The Under 
                        Secretary shall require a Federal 
                        flight deck officer to requalify to 
                        carry a firearm under the program. Such 
                        requalification shall occur at an 
                        interval required by the Under 
                        Secretary.
    (d) Deputization.--
          (1) In general.--The Under Secretary may deputize, as 
        a Federal flight deck officer under this section, a 
        pilot who submits to the Under Secretary a request to 
        be such an officer and whom the Under Secretary 
        determines is qualified to be such an officer.
          (2) Qualification.--A pilot is qualified to be a 
        Federal flight deck officer under this section if--
                  (A) the pilot is employed by an air carrier;
                  (B) the Under Secretary determines (in the 
                Under Secretary's discretion) that the pilot 
                meets the standards established by the Under 
                Secretary for being such an officer; and
                  (C) the Under Secretary determines that the 
                pilot has completed the training required by 
                the Under Secretary.
          (3) Deputization by other federal agencies.--The 
        Under Secretary may request another Federal agency to 
        deputize, as Federal flight deck officers under this 
        section, those pilots that the Under Secretary 
        determines are qualified to be such officers.
          (4) Revocation.--The Under Secretary may, (in the 
        Under Secretary's discretion) revoke the deputization 
        of a pilot as a Federal flight deck officer if the 
        Under Secretary finds that the pilot is no longer 
        qualified to be such an officer.
    (e) Compensation.--Pilots participating in the program 
under this section shall not be eligible for compensation from 
the Federal Government for services provided as a Federal 
flight deck officer. The Federal Government and air carriers 
shall not be obligated to compensate a pilot for participating 
in the program or for the pilot's training or qualification and 
requalification to carry firearms under the program.
    (f) Authority To Carry Firearms.--
          (1) In general.--The Under Secretary shall authorize 
        a Federal flight deck officer to carry a firearm while 
        engaged in providing air transportation or intrastate 
        air transportation. Notwithstanding subsection (c)(1), 
        the officer may purchase a firearm and carry that 
        firearm aboard an aircraft of which the officer is the 
        pilot in accordance with this section if the firearm is 
        of a type that may be used under the program.
          (2) Preemption.--Notwithstanding any other provision 
        of Federal or State law, a Federal flight deck officer, 
        whenever necessary to participate in the program, may 
        carry a firearm in any State and from 1 State to 
        another State.
          (3) Carrying firearms outside united states.--In 
        consultation with the Secretary of State, the Under 
        Secretary may take such action as may be necessary to 
        ensure that a Federal flight deck officer may carry a 
        firearm in a foreign country whenever necessary to 
        participate in the program.
    (g) Authority To Use Force.--Notwithstanding section 
44903(d), the Under Secretary shall prescribe the standards and 
circumstances under which a Federal flight deck officer may 
use, while the program under this section is in effect, force 
(including lethal force) against an individual in the defense 
of the flight deck of an aircraft in air transportation or 
intrastate air transportation.
    (h) Limitation on Liability.--
          (1) Liability of air carriers.--An air carrier shall 
        not be liable for damages in any action brought in a 
        Federal or State court arising out of a Federal flight 
        deck officer's use of or failure to use a firearm.
          (2) Liability of federal flight deck officers.--A 
        Federal flight deck officer shall not be liable for 
        damages in any action brought in a Federal or State 
        court arising out of the acts or omissions of the 
        officer in defending the flight deck of an aircraft 
        against acts of criminal violence or air piracy unless 
        the officer is guilty of gross negligence or willful 
        misconduct.
          (3) Liability of federal government.--For purposes of 
        an action against the United States with respect to an 
        act or omission of a Federal flight deck officer in 
        defending the flight deck of an aircraft, the officer 
        shall be treated as an employee of the Federal 
        Government under chapter 171 of title 28, relating to 
        tort claims procedure.
    (i) Procedures Following Accidental Discharges.--If an 
accidental discharge of a firearm under the pilot program 
results in the injury or death of a passenger or crew member on 
an aircraft, the Under Secretary--
          (1) shall revoke the deputization of the Federal 
        flight deck officer responsible for that firearm if the 
        Under Secretary determines that the discharge was 
        attributable to the negligence of the officer; and
          (2) if the Under Secretary determines that a 
        shortcoming in standards, training, or procedures was 
        responsible for the accidental discharge, the Under 
        Secretary may temporarily suspend the program until the 
        shortcoming is corrected.
    (j) Limitation on Authority of Air Carriers.--No air 
carrier shall prohibit or threaten any retaliatory action 
against a pilot employed by the air carrier from becoming a 
Federal flight deck officer under this section. No air carrier 
shall--
          (1) prohibit a Federal flight deck officer from 
        piloting an aircraft operated by the air carrier; or
          (2) terminate the employment of a Federal flight deck 
        officer, solely on the basis of his or her volunteering 
        for or participating in the program under this section.
    (k) Applicability.--
          (1) Exemption.--This section shall not apply to air 
        carriers operating under part 135 of title 14, Code of 
        Federal Regulations, and to pilots employed by such 
        carriers to the extent that such carriers and pilots 
        are covered by section 135.119 of such title or any 
        successor to such section.
          (2) Pilot defined.--The term ``pilot'' means an 
        individual who has final authority and responsibility 
        for the operation and safety of the flight or any other 
        flight deck crew member; \46\
---------------------------------------------------------------------------
    \46\ Sec. 609(b)(2) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2570) struck out 
``or, if more than 1 pilot is required for the operation of the 
aircraft or by the regulations under which the flight is being 
conducted, the individual designated as second in command'', and 
inserted in lieu thereof ``or any other flight deck crew member''.
---------------------------------------------------------------------------
          (3) \47\ All-cargo air transportation.--In this 
        section, the term ``air transportation'' includes all-
        cargo air transportation.
---------------------------------------------------------------------------
    \47\ Sec. 609(b)(3) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2570) added para. 
(3).
---------------------------------------------------------------------------

Sec. 44922.\48\ Deputation of State and local law enforcement officers

    (a) Deputation Authority.--The Under Secretary of 
Transportation for Security may deputize a State or local law 
enforcement officer to carry out Federal airport security 
duties under this chapter.
---------------------------------------------------------------------------
    \48\ Sec. 351 of the Consolidated Appropriations Resolution, 2003 
(Public Law 108-7; 117 Stat. 419), added sec. 44922.
---------------------------------------------------------------------------
    (b) Fulfillment of Requirements.--A State or local law 
enforcement officer who is deputized under this section shall 
be treated as a Federal law enforcement officer for purposes of 
meeting the requirements of this chapter and other provisions 
of law to provide Federal law enforcement officers to carry out 
Federal airport security duties.
    (c) Agreements.--To deputize a State or local law 
enforcement officer under this section, the Under Secretary 
shall enter into a voluntary agreement with the appropriate 
State or local law enforcement agency that employs the State or 
local law enforcement officer.
    (d) Reimbursement.--
          (1) In general.--The Under Secretary shall reimburse 
        a State or local law enforcement agency for all 
        reasonable, allowable, and allocable costs incurred by 
        the State or local law enforcement agency with respect 
        to a law enforcement officer deputized under this 
        section.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection.
    (e) Federal Tort Claims Act.--A State or local law 
enforcement officer who is deputized under this section shall 
be treated as an ``employee of the Government'' for purposes of 
sections 1346(b), 2401(b), and chapter 171 of title 28, United 
States Code, while carrying out Federal airport security duties 
within the course and scope of the officer's employment, 
subject to Federal supervision and control, and in accordance 
with the terms of such deputation.
    (f) Stationing of Officers.--The Under Secretary may allow 
law enforcement personnel to be stationed other than at the 
airport security screening location if that would be preferable 
for law enforcement purposes and if such personnel would still 
be able to provide prompt responsiveness to problems occurring 
at the screening location.

Sec. 44923.\49\ Airport security improvement projects

    (a) Grant Authority.--Subject to the requirements of this 
section, the Under Secretary for Border and Transportation 
Security of the Department of Homeland Security may make grants 
to airport sponsors--
---------------------------------------------------------------------------
    \49\ Sec. 605(a) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2566) added sec. 
44923.
---------------------------------------------------------------------------
          (1) for projects to replace baggage conveyer systems 
        related to aviation security;
          (2) for projects to reconfigure terminal baggage 
        areas as needed to install explosive detection systems;
          (3) for projects to enable the Under Secretary to 
        deploy explosive detection systems behind the ticket 
        counter, in the baggage sorting area, or in line with 
        the baggage handling system; and
          (4) for other airport security capital improvement 
        projects.
    (b) Applications.--A sponsor seeking a grant under this 
section shall submit to the Under Secretary an application in 
such form and containing such information as the Under 
Secretary prescribes.
    (c) Approval.--The Under Secretary, after consultation with 
the Secretary of Transportation, may approve an application of 
a sponsor for a grant under this section only if the Under 
Secretary determines that the project will improve security at 
an airport or improve the efficiency of the airport without 
lessening security.
    (d) Letters of Intent.--
          (1) Issuance.--The Under Secretary may issue a letter 
        of intent to a sponsor committing to obligate from 
        future budget authority an amount, not more than the 
        Federal Government's share of the project's cost, for 
        an airport security improvement project (including 
        interest costs and costs of formulating the project).
          (2) Schedule.--A letter of intent under this 
        subsection shall establish a schedule under which the 
        Under Secretary will reimburse the sponsor for the 
        Government's share of the project's costs, as amounts 
        become available, if the sponsor, after the Under 
        Secretary issues the letter, carries out the project 
        without receiving amounts under this section.
          (3) Notice to under secretary.--A sponsor that has 
        been issued a letter of intent under this subsection 
        shall notify the Under Secretary of the sponsor's 
        intent to carry out a project before the project 
        begins.
          (4) Notice to congress.--The Under Secretary shall 
        transmit to the Committees on Appropriations and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committees on Appropriations 
        and Commerce, Science and Transportation of the Senate 
        a written notification at least 3 days before the 
        issuance of a letter of intent under this section.
          (5) Limitations.--A letter of intent issued under 
        this subsection is not an obligation of the Government 
        under section 1501 of title 31, and the letter is not 
        deemed to be an administrative commitment for 
        financing. An obligation or administrative commitment 
        may be made only as amounts are provided in 
        authorization and appropriations laws.
          (6) Statutory construction.--Nothing in this 
        subsection shall be construed to prohibit the 
        obligation of amounts pursuant to a letter of intent 
        under this subsection in the same fiscal year as the 
        letter of intent is issued.
    (e) Federal Share.--
          (1) In general.--The Government's share of the cost 
        of a project under this section shall be 90 percent for 
        a project at a medium or large hub airport and 95 
        percent for a project at any other airport.
          (2) Existing letters of intent.--The Under Secretary 
        shall revise letters of intent issued before the date 
        of enactment of this section to reflect the cost share 
        established in this subsection with respect to grants 
        made after September 30, 2003.
    (f) Sponsor Defined.--In this section, the term ``sponsor'' 
has the meaning given that term in section 47102.
    (g) Applicability of Certain Requirements.--The 
requirements that apply to grants and letters of intent issued 
under chapter 471 (other than section 47102(3)) shall apply to 
grants and letters of intent issued under this section.
    (h) Aviation Security Capital Fund.--
          (1) In general.--There is established within the 
        Department of Homeland Security a fund to be known as 
        the Aviation Security Capital Fund. The first 
        250,000,000 derived from fees received under section 
        44940(a)(1) in each of fiscal years 2004 through 2007 
        shall be available to be deposited in the Fund. The 
        Under Secretary shall impose the fee authorized by 
        section 44940(a)(1) so as to collect at least 
        250,000,000 in each of such fiscal years for deposit 
        into the Fund. Amounts in the Fund shall be available 
        to the Under Secretary to make grants under this 
        section.
          (2) Allocations.--Of the amount made available under 
        paragraph (1) for a fiscal year, 125,000,000 shall be 
        allocated in such a manner that--
                  (A) 40 percent shall be made available for 
                large hub airports;
                  (B) 20 percent shall be made available for 
                medium hub airports;
                  (C) 15 percent shall be made available for 
                small hub airports and nonhub airports; and
                  (D) 25 percent shall be distributed by the 
                Secretary to any airport on the basis of 
                aviation security risks.
          (3) Discretionary grants.--Of the amount made 
        available under paragraph (1) for a fiscal year, 
        $125,000,000 shall be used to make discretionary 
        grants, with priority given to fulfilling intentions to 
        obligate under letters of intent issued under 
        subsection (d).
    (i) Authorization of Appropriations.--
          (1) In general.--In addition to amounts made 
        available under subsection (h), there is authorized to 
        be appropriated to carry out this section $250,000,000 
        for each of fiscal years 2004 through 2007. Such sums 
        shall remain available until expended.
          (2) Allocations.--50 percent of amounts appropriated 
        pursuant to this subsection for a fiscal year shall be 
        used for making allocations under subsection (h)(2) and 
        50 percent of such amounts shall be used for making 
        discretionary grants under subsection (h)(3).

Sec. 44924.\50\ Repair station security

    (a) Security Review and Audit.--To ensure the security of 
maintenance and repair work conducted on air carrier aircraft 
and components at foreign repair stations, the Under Secretary 
for Border and Transportation Security of the Department of 
Homeland Security, in consultation with the Administrator of 
the Federal Aviation Administration, shall complete a security 
review and audit of foreign repair stations that are certified 
by the Administrator under part 145 of title 14, Code of 
Federal Regulations, and that work on air carrier aircraft and 
components. The review shall be completed not later than 18 
months after the date on which the Under Secretary issues 
regulations under subsection (f).
---------------------------------------------------------------------------
    \50\ Sec. 611(b)(1) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2571) added sec. 
44924.
---------------------------------------------------------------------------
    (b) Addressing Security Concerns.--The Under Secretary 
shall require a foreign repair station to address the security 
issues and vulnerabilities identified in a security audit 
conducted under subsection (a) within 90 days of providing 
notice to the repair station of the security issues and 
vulnerabilities so identified and shall notify the 
Administrator that a deficiency was identified in the security 
audit.
    (c) Suspensions and Revocations of Certificates.--
          (1) Failure to carry out effective security 
        measures.--If, after the 90th day on which a notice is 
        provided to a foreign repair station under subsection 
        (b), the Under Secretary determines that the foreign 
        repair station does not maintain and carry out 
        effective security measures, the Under Secretary shall 
        notify the Administrator of the determination. Upon 
        receipt of the determination, the Administrator shall 
        suspend the certification of the repair station until 
        such time as the Under Secretary determines that the 
        repair station maintains and carries out effective 
        security measures and transmits the determination to 
        the Administrator.
          (2) Immediate security risk.--If the Under Secretary 
        determines that a foreign repair station poses an 
        immediate security risk, the Under Secretary shall 
        notify the Administrator of the determination. Upon 
        receipt of the determination, the Administrator shall 
        revoke the certification of the repair station.
          (3) Procedures for appeals.--The Under Secretary, in 
        consultation with the Administrator, shall establish 
        procedures for appealing a revocation of a certificate 
        under this subsection.
    (d) Failure To Meet Audit Deadline.--If the security audits 
required by subsection (a) are not completed on or before the 
date that is 18 months after the date on which the Under 
Secretary issues regulations under subsection (f), the 
Administrator shall be barred from certifying any foreign 
repair station until such audits are completed for existing 
stations.
    (e) Priority for Audits.--In conducting the audits 
described in subsection (a), the Under Secretary and the 
Administrator shall give priority to foreign repair stations 
located in countries identified by the Government as posing the 
most significant security risks.
    (f) Regulations.--Not later than 240 days after the date of 
enactment of this section, the Under Secretary, in consultation 
with the Administrator, shall issue final regulations to ensure 
the security of foreign and domestic aircraft repair stations.
    (g) Report to Congress.--If the Under Secretary does not 
issue final regulations before the deadline specified in 
subsection (f), the Under Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing an explanation 
as to why the deadline was not met and a schedule for issuing 
the final regulations.
          * * * * * * *

              subchapter ii--administration and personnel

Sec. 44931.\51\ Director of Intelligence and Security * * * [Repealed--
                    2001]
---------------------------------------------------------------------------

    \51\ Sec. 101(f)(6) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) repealed secs. 44931 and 44932.
---------------------------------------------------------------------------

Sec. 44932.\51\ Assistant Administrator for Civil Aviation Security * * 
                    * [Repealed--2001]

Sec. 44933.\52\ Federal Security Managers

    (a) Establishment, Designation, and Stationing.--The Under 
Secretary of Transportation for Security shall establish the 
position of Federal Security Manager at each airport in the 
United States described in section 44903(c). The Under 
Secretary shall designate individuals as Managers for, and 
station those Managers at, those airports.
---------------------------------------------------------------------------
    \52\ Sec. 103 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 605) amended and restated sec. 44933.
---------------------------------------------------------------------------
    (b) Duties and Powers.--The Manager at each airport shall--
          (1) oversee the screening of passengers and property 
        at the airport; and
          (2) carry out other duties prescribed by the Under 
        Secretary.

Sec. 44934. Foreign Security Liaison Officers

    (a) Establishment, Designation, and Stationing.--The Under 
Secretary \3\ of Transportation for Security \4\ shall 
establish the position of Foreign Security Liaison Officer for 
each airport outside the United States at which the Under 
Secretary \3\ decides an Officer is necessary for air 
transportation security. In coordination with the Secretary of 
State, the Under Secretary \3\ shall designate an Officer for 
each of those airports. In coordination with the Secretary, the 
Under Secretary \3\ shall designate an Officer for each of 
those airports where extraordinary security measures are in 
place. The Secretary shall give high priority to stationing 
those Officers.
    (b) Duties and Powers.--An Officer reports directly to the 
Under Secretary.\53\ The Officer at each airport shall--
---------------------------------------------------------------------------
    \53\ Sec. 101(f)(4) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 603) struck out ``Assistant Administrator 
for Civil Aviation Security'' and inserted in lieu thereof ``Under 
Secretary''.
---------------------------------------------------------------------------
          (1) serve as the liaison of the Assistant 
        Administrator to foreign security authorities 
        (including governments of foreign countries and foreign 
        airport authorities) in carrying out United States 
        Government security requirements at that airport; and
          (2) to the extent practicable, carry out duties and 
        powers referred to in section 44933(b) of this title.
    (c) Coordination of Activities.--The activities of each 
Officer shall be coordinated with the chief of the diplomatic 
mission of the United States to which the Officer is assigned. 
Activities of an Officer under this section shall be consistent 
with the duties and powers of the Secretary and the chief of 
mission to a foreign country under section 103 of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 
4802) and section 207 of the Foreign Service Act of 1980 (22 
U.S.C. 3927).

Sec. 44935. Employment standards and training

    (a) Employment Standards.--The Under Secretary \3\ of 
Transportation for Security \4\ shall prescribe standards for 
the employment and continued employment of, and contracting 
for, air carrier personnel and, as appropriate, airport 
security personnel. The standards shall include--
          (1) minimum training requirements for new employees;
          (2) retraining requirements;
          (3) minimum staffing levels;
          (4) minimum language skills; and
          (5) minimum education levels for employees, when 
        appropriate.
    (b) Review and Recommendations.--In coordination with air 
carriers, airport operators, and other interested persons, the 
Under Secretary \3\ shall review issues related to human 
performance in the aviation security system to maximize that 
performance. When the review is completed, the Under Secretary 
\3\ shall recommend guidelines and prescribe appropriate 
changes in existing procedures to improve that performance.
    (c) Security Program Training, Standards, and 
Qualifications.--(1) The Under Secretary-- \3\
          (A) may train individuals employed to carry out a 
        security program under section 44903(c) of this title; 
        and
          (B) shall prescribe uniform training standards and 
        uniform minimum qualifications for individuals eligible 
        for that training.
    (2) The Under Secretary \3\ may authorize reimbursement for 
travel, transportation, and subsistence expenses for security 
training of non-United States Government domestic and foreign 
individuals whose services will contribute significantly to 
carrying out civil aviation security programs. To the extent 
practicable, air travel reimbursed under this paragraph shall 
be on air carriers.
    (d) Education and Training Standards for Security 
Coordinators, Supervisory Personnel, and Pilots.--(1) The Under 
Secretary \3\ shall prescribe standards for educating and 
training--
          (A) ground security coordinators;
          (B) security supervisory personnel; and
          (C) airline pilots as in-flight security 
        coordinators.
    (2) The standards shall include initial training, 
retraining, and continuing education requirements and methods. 
Those requirements and methods shall be used annually to 
measure the performance of ground security coordinators and 
security supervisory personnel.
    (e) \54\ Security Screeners.--
---------------------------------------------------------------------------
    \54\ Sec. 111(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 616) struck out subsec. (e), redesignated 
subsec. (f) as subsec. (i), and added new subsecs. (e) through (j). 
Subsec. (f), as redesignated as subsec. (i), became a second subsec. 
(i), and probably should have been redesignated as subsec. (k).
---------------------------------------------------------------------------
          (1) Training program.--The Under Secretary of 
        Transportation for Security shall establish a program 
        for the hiring and training of security screening 
        personnel.
          (2) Hiring.--
                  (A) Qualifications.--Within 30 days after the 
                date of enactment of the Aviation and 
                Transportation Security Act, the Under 
                Secretary shall establish qualification 
                standards for individuals to be hired by the 
                United States as security screening personnel. 
                Notwithstanding any provision of law, those 
                standards shall require, at a minimum, an 
                individual--
                          (i) to have a satisfactory or better 
                        score on a Federal security screening 
                        personnel selection examination;
                          (ii) to be a citizen of the United 
                        States or a national of the United 
                        States, as defined in section 
                        1101(a)(22) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(22)); 
                        \55\
---------------------------------------------------------------------------
    \55\ Sec. 1603 of the Homeland Security Act of 2002 (Public Law 
107-296; 116 Stat. 2313) struck out ``citizen of the United States'' 
and inserted in lieu thereof ``citizen of the United States or a 
national of the United States, as defined in section 1101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''.
---------------------------------------------------------------------------
                          (iii) to meet, at a minimum, the 
                        requirements set forth in subsection 
                        (f);
                          (iv) to meet such other 
                        qualifications as the Under Secretary 
                        may establish; and
                          (v) to have the ability to 
                        demonstrate daily a fitness for duty 
                        without any impairment due to illegal 
                        drugs, sleep deprivation, medication, 
                        or alcohol.
                  (B) Background checks.--The Under Secretary 
                shall require that an individual to be hired as 
                a security screener undergo an employment 
                investigation (including a criminal history 
                record check) under section 44936(a)(1).
                  (C) Disqualification of individuals who 
                present national security risks.--The Under 
                Secretary, in consultation with the heads of 
                other appropriate Federal agencies, shall 
                establish procedures, in addition to any 
                background check conducted under section 44936, 
                to ensure that no individual who presents a 
                threat to national security is employed as a 
                security screener.
          (3) Examination; review of existing rules.--The Under 
        Secretary shall develop a security screening personnel 
        examination for use in determining the qualification of 
        individuals seeking employment as security screening 
        personnel. The Under Secretary shall also review, and 
        revise as necessary, any standard, rule, or regulation 
        governing the employment of individuals as security 
        screening personnel.
    (f) \54\ Employment Standards for Screening Personnel.--
          (1) Screener requirements.--Notwithstanding any 
        provision of law, an individual may not be deployed as 
        a security screener unless that individual meets the 
        following requirements:
                  (A) The individual shall possess a high 
                school diploma, a general equivalency diploma, 
                or experience that the Under Secretary has 
                determined to be sufficient for the individual 
                to perform the duties of the position.
                  (B) The individual shall possess basic 
                aptitudes and physical abilities, including 
                color perception, visual and aural acuity, 
                physical coordination, and motor skills, to the 
                following standards:
                          (i) Screeners operating screening 
                        equipment shall be able to distinguish 
                        on the screening equipment monitor the 
                        appropriate imaging standard specified 
                        by the Under Secretary.
                          (ii) Screeners operating any 
                        screening equipment shall be able to 
                        distinguish each color displayed on 
                        every type of screening equipment and 
                        explain what each color signifies.
                          (iii) Screeners shall be able to hear 
                        and respond to the spoken voice and to 
                        audible alarms generated by screening 
                        equipment in an active checkpoint 
                        environment.
                          (iv) Screeners performing physical 
                        searches or other related operations 
                        shall be able to efficiently and 
                        thoroughly manipulate and handle such 
                        baggage, containers, and other objects 
                        subject to security processing.
                          (v) Screeners who perform pat-downs 
                        or hand-held metal detector searches of 
                        individuals shall have sufficient 
                        dexterity and capability to thoroughly 
                        conduct those procedures over an 
                        individual's entire body.
                  (C) The individual shall be able to read, 
                speak, and write English well enough to--
                          (i) carry out written and oral 
                        instructions regarding the proper 
                        performance of screening duties;
                          (ii) read English language 
                        identification media, credentials, 
                        airline tickets, and labels on items 
                        normally encountered in the screening 
                        process;
                          (iii) provide direction to and 
                        understand and answer questions from 
                        English-speaking individuals undergoing 
                        screening; and
                          (iv) write incident reports and 
                        statements and log entries into 
                        security records in the English 
                        language.
                  (D) The individual shall have satisfactorily 
                completed all initial, recurrent, and 
                appropriate specialized training required by 
                the security program, except as provided in 
                paragraph (3).
          (2) Veterans preference.--The Under Secretary shall 
        provide a preference for the hiring of an individual as 
        a security screener if the individual is a member or 
        former member of the armed forces and if the individual 
        is entitled, under statute, to retired, retirement, or 
        retainer pay on account of service as a member of the 
        armed forces.
          (3) Exceptions.--An individual who has not completed 
        the training required by this section may be deployed 
        during the on-the-job portion of training to perform 
        functions if that individual--
                  (A) is closely supervised; and
                  (B) does not make independent judgments as to 
                whether individuals or property may enter a 
                sterile area or aircraft without further 
                inspection.
          (4) Remedial training.--No individual employed as a 
        security screener may perform a screening function 
        after that individual has failed an operational test 
        related to that function until that individual has 
        successfully completed the remedial training specified 
        in the security program.
          (5) Annual proficiency review.--The Under Secretary 
        shall provide that an annual evaluation of each 
        individual assigned screening duties is conducted and 
        documented. An individual employed as a security 
        screener may not continue to be employed in that 
        capacity unless the evaluation demonstrates that the 
        individual--
                  (A) continues to meet all qualifications and 
                standards required to perform a screening 
                function;
                  (B) has a satisfactory record of performance 
                and attention to duty based on the standards 
                and requirements in the security program; and
                  (C) demonstrates the current knowledge and 
                skills necessary to courteously, vigilantly, 
                and effectively perform screening functions.
          (6) Operational testing.--In addition to the annual 
        proficiency review conducted under paragraph (5), the 
        Under Secretary shall provide for the operational 
        testing of such personnel.
    (g) \54\ Training.--
          (1) Use of other agencies.--The Under Secretary may 
        enter into a memorandum of understanding or other 
        arrangement with any other Federal agency or department 
        with appropriate law enforcement responsibilities, to 
        provide personnel, resources, or other forms of 
        assistance in the training of security screening 
        personnel.
          (2) Training plan.--Within 60 days after the date of 
        enactment of the Aviation and Transportation Security 
        Act, the Under Secretary shall develop a plan for the 
        training of security screening personnel. The plan 
        shall require, at a minimum, that a security screener--
                  (A) has completed 40 hours of classroom 
                instruction or successfully completed a program 
                that the Under Secretary determines will train 
                individuals to a level of proficiency 
                equivalent to the level that would be achieved 
                by such classroom instruction;
                  (B) has completed 60 hours of on-the-job 
                instructions; and
                  (C) has successfully completed an on-the-job 
                training examination prescribed by the Under 
                Secretary.
          (3) Equipment-specific training.--An individual 
        employed as a security screener may not use any 
        security screening device or equipment in the scope of 
        that individual's employment unless the individual has 
        been trained on that device or equipment and has 
        successfully completed a test on the use of the device 
        or equipment.
    (h) \54\ Technological Training.--
          (1) In general.--The Under Secretary shall require 
        training to ensure that screeners are proficient in 
        using the most up-to-date new technology and to ensure 
        their proficiency in recognizing new threats and 
        weapons.
          (2) Periodic assessments.--The Under Secretary shall 
        make periodic assessments to determine if there are 
        dual use items and inform security screening personnel 
        of the existence of such items.
          (3) Current lists of dual use items.--Current lists 
        of dual use items shall be part of the ongoing training 
        for screeners.
          (4) Dual use defined.--For purposes of this 
        subsection, the term ``dual use'' item means an item 
        that may seem harmless but that may be used as a 
        weapon.
    (i) \54\ Limitation on Right To Strike.--An individual that 
screens passengers or property, or both, at an airport under 
this section may not participate in a strike, or assert the 
right to strike, against the person (including a governmental 
entity) employing such individual to perform such screening.
    (j) \54\ Uniforms.--The Under Secretary shall require any 
individual who screens passengers and property pursuant to 
section 44901 to be attired while on duty in a uniform approved 
by the Under Secretary.
    (i) \54\ Accessibility of Computer-Based Training 
Facilities.--The Administrator shall work with air carriers and 
airports to ensure that computer-based training facilities 
intended for use by security screeners at an airport regularly 
serving an air carrier holding a certificate issued by the 
Secretary of Transportation are conveniently located for that 
airport and easily accessible.

Sec. 44936. Employment investigations and restrictions

    (a) Employment Investigation Requirement.--(1)(A) \56\ The 
Under Secretary \3\ of Transportation for Security \4\ shall 
require by regulation that an employment investigation, 
including a criminal history record check and a review of 
available law enforcement data bases and records of other 
governmental and international agencies to the extent 
determined practicable by the Under Secretary of Transportation 
for Transportation Security,,\57\ shall be conducted,\58\ of 
each individual employed in, or applying for, a position as a 
security screener under section 44935(e) or a position \59\ in 
which the individual has unescorted access, or may permit other 
individuals to have unescorted access, to--
---------------------------------------------------------------------------
    \56\ Sec. 304(a) of Public Law 104-264 (110 Stat. 3251) 
redesignated subparas. (A) and (B) as clauses (i) and (ii), added new 
subpara. designation (A) in para. (1), and added new subparas. (B), 
(C), and (D).
    Subsequently, sec. 2(c)(3) of the Airport Security Improvement Act 
of 2000 (Public Law 106-528; 114 Stat. 2518) added subpara. (E).
    Subsequently, sec. 138(a) of the Aviation and Transportation 
Security Act (Public Law 107-71; 115 Stat. 639) struck out subparas. 
(C), (D), and (E) and added a new subpara. (C).
    \57\ Sec. 138(a)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 639) inserted ``and a review of available 
law enforcement data bases and records of other governmental and 
international agencies to the extent determined practicable by the 
Under Secretary of Transportation for Transportation Security,'', 
resulting in the double comma.
    \58\ Sec. 2(c)(1) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2517) struck out ``as the Administrator 
decides is necessary to ensure air transportation security,''.
    \59\ Sec. 111(b)(1) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 620) inserted ``as a security screener 
under section 44935(e) or a position''.
---------------------------------------------------------------------------
          (i) \56\ aircraft of an air carrier or foreign air 
        carrier; or
          (ii) \56\ a secured area of an airport in the United 
        States the Under Secretary \3\ designates that serves 
        an air carrier or foreign air carrier.
    (B) \56\ The Under Secretary \3\ shall require by 
regulation that an employment investigation (including a 
criminal history record check and a review of available law 
enforcement data bases and records of other governmental and 
international agencies to the extent determined practicable by 
the Under Secretary of Transportation for Transportation 
Security) \60\ be conducted for--
---------------------------------------------------------------------------
    \60\ Sec. 138(a)(2) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 639) stuck out ``in any case described in 
subparagraph (C)'' and inserted in lieu thereof ``and a review of 
available law enforcement data bases and records of other governmental 
and international agencies to the extent determined practicable by the 
Under Secretary of Transportation for Transportation Security''.
---------------------------------------------------------------------------
          (i) individuals who are \61\ responsible for 
        screening passengers or property under section 44901 of 
        this title;
---------------------------------------------------------------------------
    \61\ Sec. 138(a)(3) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 639) struck out ``will be'' and inserted 
in lieu thereof ``are''.
---------------------------------------------------------------------------
          (ii) supervisors of the individuals described in 
        clause (i); \62\
---------------------------------------------------------------------------
    \62\ Sec. 138(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 639) struck out ``and'' at the end of 
clause (ii), redesignated clause (iii) as clause (iv), and inserted a 
new clause (iii).
---------------------------------------------------------------------------
          (iii) \62\ individuals who regularly have escorted 
        access to aircraft of an air carrier or foreign air 
        carrier or a secured area of an airport in the United 
        States the Administrator designates that serves an air 
        carrier or foreign air carrier; and
          (iv) \62\ such other individuals who exercise 
        security functions associated with baggage or cargo, as 
        the Under Secretary \3\ determines is necessary to 
        ensure air transportation security.
    (C) \56\ Background checks of current employees.--
          (i) A new background check (including a criminal 
        history record check and a review of available law 
        enforcement data bases and records of other 
        governmental and international agencies to the extent 
        determined practicable by the Under Secretary of 
        Transportation for Transportation Security shall be 
        required for any individual who is employed in a 
        position described in subparagraphs (A) and (B) on the 
        date of enactment of the Aviation and Transportation 
        Security Act.
          (ii) The Under Secretary may provide by order 
        (without regard to the provisions of chapter 5 of title 
        5, United States Code) for a phased-in implementation 
        of the requirements of this subparagraph.
    (D) \63\ Exemption.--An employment investigation, including 
a criminal history record check, shall not be required under 
this subsection for an individual who is exempted under section 
107.31(m)(1) or (2) \64\ of title 14, Code of Federal 
Regulations, as in effect on November 22, 2000. The Under 
Secretary shall work with the International Civil Aviation 
Organization and with appropriate authorities of foreign 
countries to ensure that individuals exempted under this 
subparagraph do not pose a threat to aviation or national 
security.\65\
---------------------------------------------------------------------------
    \63\ Sec. 2(c)(3) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2518) added subpara. (D), originally as 
subpara. (F). Subsequently, sec. 138(a)(7) of the Aviation and 
Transportation Security Act (Public Law 107-71; 115 Stat. 639) struck 
out subparas. (C) through (E), added a new subpara. (C), and 
redesignated subpara. (F) as subpara. (D).
    \64\ Sec. 138(a)(9) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 640) struck out ``107.31(m)'' and 
inserted in lieu thereof ``107.31(m)(1) or (2)''.
    \65\ Sec. 138(a)(10) of the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 640) struck out ``the date of 
enactment of this subparagraph.'' and inserted in lieu thereof 
``November 22, 2000. The Under Secretary shall work with the 
International Civil Aviation Organization and with appropriate 
authorities of foreign countries to ensure that individuals exempted 
under this subparagraph do not pose a threat to aviation or national 
security.''.
---------------------------------------------------------------------------
    (2) An air carrier, foreign air carrier, airport operator, 
or government \66\ that employs, or authorizes or makes a 
contract for the services of, an individual in a position 
described in paragraph (1) of this subsection shall ensure that 
the investigation the Under Secretary \3\ requires is 
conducted.
---------------------------------------------------------------------------
    \66\ Sec. 138(a)(11) of the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport 
operator'' and inserted in lieu thereof ``carrier, foreign air carrier, 
airport operator, or government''.
---------------------------------------------------------------------------
    (3) \67\ The Under Secretary \3\ shall provide for the 
periodic audit of the effectiveness of criminal history record 
checks conducted under paragraph (1) of this subsection.
---------------------------------------------------------------------------
    \67\ Sec. 306 of Public Law 104-264 (110 Stat. 3252) added para. 
(3).
---------------------------------------------------------------------------
    (b) Prohibited Employment.--(1) Except as provided in 
paragraph (3) of this subsection, an air carrier, foreign air 
carrier, airport operator, or government \68\ may not employ, 
or authorize or make a contract for the services of, an 
individual in a position described in subsection (a)(1) of this 
section if--
---------------------------------------------------------------------------
    \68\ Sec. 138(a)(12) of the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport 
operator'' and inserted in lieu thereof ``carrier, airport operator, or 
government''.
---------------------------------------------------------------------------
          (A) the investigation of the individual required 
        under this section has not been conducted; or
          (B) the results of that investigation establish that, 
        in the 10-year period ending on the date of the 
        investigation, the individual was convicted (or found 
        not guilty by reason of insanity) \69\ of--
---------------------------------------------------------------------------
    \69\ Sec. 2(d)(1) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2518) inserted ``(or found not guilty by 
reason of insanity)''.
---------------------------------------------------------------------------
                  (i) a crime referred to in section 46306, 
                46308, 46312, 46314, or 46315 or chapter 465 of 
                this title or section 32 of title 18;
                  (ii) murder;
                  (iii) assault with intent to murder;
                  (iv) espionage;
                  (v) sedition;
                  (vi) treason;
                  (vii) rape;
                  (viii) kidnapping;
                  (ix) unlawful possession, sale, distribution, 
                or manufacture of an explosive or weapon;
                  (x) extortion;
                  (xi) armed or felony unarmed \70\ robbery;
---------------------------------------------------------------------------
    \70\ Sec. 2(d)(2) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2518) inserted ``or felony unarmed''.
---------------------------------------------------------------------------
                  (xii) distribution of, or intent to 
                distribute, a controlled substance; \71\
---------------------------------------------------------------------------
    \71\ Sec. 2(d) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2518) struck out ``or'' at the end of 
clause (xii), redesignated clause (xiii) as clause (xv), and added new 
clauses (xiii) and (xiv).
---------------------------------------------------------------------------
                  (xiii) \71\ a felony involving a threat;
                  (xiv) \71\ a felony involving--
                          (I) willful destruction of property;
                          (II) importation or manufacture of a 
                        controlled substance;
                          (III) burglary;
                          (IV) theft;
                          (V) dishonesty, fraud, or 
                        misrepresentation;
                          (VI) possession or distribution of 
                        stolen property;
                          (VII) aggravated assault;
                          (VIII) bribery; and
                          (IX) illegal possession of a 
                        controlled substance punishable by a 
                        maximum term of imprisonment of more 
                        than 1 year, or any other crime 
                        classified as a felony that the Under 
                        Secretary \3\ determines indicates a 
                        propensity for placing contraband 
                        aboard an aircraft in return for money; 
                        or
                  (xv) \71\ conspiracy to commit any of the 
                acts referred to in clauses (i) through 
                (xiv).\72\
---------------------------------------------------------------------------
    \72\ Sec. 2(d)(5) of the Airport Security Improvement Act of 2000 
(Public Law 106-528; 114 Stat. 2518) struck out ``clauses (i)-(xii) of 
this paragraph'' and inserted in lieu thereof ``clauses (i) through 
(xiv)''.
---------------------------------------------------------------------------
    (2) The Under Secretary \3\ may specify other factors that 
are sufficient to prohibit the employment of an individual in a 
position described in subsection (a)(1) of this section.
    (3) An air carrier, foreign air carrier, airport operator, 
or government \73\ may employ, or authorize or contract for the 
services of, an individual in a position described in 
subsection (a)(1) of this section without carrying out the 
investigation required under this section, if the Under 
Secretary \3\ approves a plan to employ the individual that 
provides alternate security arrangements.
---------------------------------------------------------------------------
    \73\ Sec. 138(a)(13) of the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport 
operator'' and inserted in lieu thereof ``carrier, airport operator, or 
government''.
---------------------------------------------------------------------------
    (c) Fingerprinting and Record Check Information.--(1) If 
the Under Secretary \3\ requires an identification and criminal 
history record check, to be conducted by the Attorney General, 
as part of an investigation under this section, the Under 
Secretary \3\ shall designate an individual to obtain 
fingerprints and submit those fingerprints to the Attorney 
General. The Attorney General may make the results of a check 
available to an individual the Under Secretary \3\ designates. 
Before designating an individual to obtain and submit 
fingerprints or receive results of a check, the Under Secretary 
\3\ shall consult with the Attorney General. All Federal 
agencies shall cooperate with the Under Secretary and the Under 
Secretary's designee in the process of collecting and 
submitting fingerprints.\74\
---------------------------------------------------------------------------
    \74\ Sec. 138(a)(14) of the Aviation and Transportation Security 
Act (Public Law 107-71; 115 Stat. 640) added this sentence.
---------------------------------------------------------------------------
    (2) The Under Secretary \3\ shall prescribe regulations 
on--
          (A) procedures for taking fingerprints; and
          (B) requirements for using information received from 
        the Attorney General under paragraph (1) of this 
        subsection--
                  (i) to limit the dissemination of the 
                information; and
                  (ii) to ensure that the information is used 
                only to carry out this section.
    (3) If an identification and criminal history record check 
is conducted as part of an investigation of an individual under 
this section, the individual--
          (A) shall receive a copy of any record received from 
        the Attorney General; and
          (B) may complete and correct the information 
        contained in the check before a final employment 
        decision is made based on the check.
    (d) Fees and Charges.--The Under Secretary \3\ and the 
Attorney General shall establish reasonable fees and charges to 
pay expenses incurred in carrying out this section. The 
employer of the individual being investigated shall pay the 
costs of a record check of the individual. Money collected 
under this section shall be credited to the account in the 
Treasury from which the expenses were incurred and are 
available to the Under Secretary \3\ and the Attorney General 
for those expenses.
    (e) When Investigation or Record Check Not Required.--This 
section does not require an investigation or record check when 
the investigation or record check is prohibited by a law of a 
foreign country.\75\
---------------------------------------------------------------------------
    \75\ Sec. 138(b) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 640) redesignated subsecs. (f) through 
(h) as subsecs. (h) through (j) and moved them to 49 U.S.C. 44703. 
Subsec. (h), as redesignated, relates to records of employment of pilot 
applicants, subsec. (i) relates to limitation on liability and the 
preemption of state law, and subsec. (j) relates to limitation on 
statutory construction.
---------------------------------------------------------------------------

Sec. 44937. Prohibition on transferring duties and powers

    Except as specifically provided by law, the Under Secretary 
\3\ of Transportation for Security \4\ may not transfer a duty 
or power under section 44903(a), (b), (c), or (e), 44906,\76\ 
44912, 44935, 44936, or 44938(b)(3) of this title to another 
department, agency, or instrumentality of the United States 
Government.
---------------------------------------------------------------------------
    \76\ Sec. 6(57) of Public Law 103-429 (108 Stat. 4385) struck out 
``44906(a) or (b)'' and inserted in lieu thereof ``44906''.
---------------------------------------------------------------------------

Sec. 44938. Reports

    (a) Transportation Security.--Not later than March 31 \77\ 
of each year, the Secretary of Transportation shall submit to 
Congress a report on transportation security with 
recommendations the Secretary considers appropriate. The report 
shall be prepared in conjunction with the biennial \78\ report 
the Under Secretary \3\ of Transportation for Security \4\ 
submits under subsection (b) of this section in each year the 
Under Secretary \3\ submits the biennial report,\78\ but may 
not duplicate the information submitted under subsection (b) or 
section 44907(a)(3) of this title. The Secretary may submit the 
report in classified and unclassified parts. The report shall 
include--
---------------------------------------------------------------------------
    \77\ Sec. 502 of Public Law 103-305 (108 Stat. 1595) struck out 
``December 31'' and inserted in lieu thereof ``March 31''.
    \78\ Sec. 1502(b)(1) of the Federal Reports Elimination Act of 1998 
(Public Law 105-362; 110 Stat. 3295) struck out ``annual'', inserted in 
lieu thereof ``biennial'', and inserted ``in each year the 
Administrator submits the biennial report''. Sec. 101(f)(7) of Public 
Law 107-71 (115 Stat. 603) subsequently struck out ``Administrator'' 
and inserted in lieu thereof ``Under Secretary''.
---------------------------------------------------------------------------
          (1) an assessment of trends and developments in 
        terrorist activities, methods, and other threats to 
        transportation;
          (2) an evaluation of deployment of explosive 
        detection devices;
          (3) recommendations for research, engineering, and 
        development activities related to transportation 
        security, except research engineering and development 
        activities related to aviation security to the extent 
        those activities are covered by the national aviation 
        research plan required under section 44501(c) of this 
        title;
          (4) identification and evaluation of cooperative 
        efforts with other departments, agencies, and 
        instrumentalities of the United States Government;
          (5) an evaluation of cooperation with foreign 
        transportation and security authorities;
          (6) the status of the extent to which the 
        recommendations of the President's Commission on 
        Aviation Security and Terrorism have been carried out 
        and the reasons for any delay in carrying out those 
        recommendations;
          (7) a summary of the activities of the Director of 
        Intelligence and Security in the 12-month period ending 
        on the date of the report;
          (8) financial and staffing requirements of the 
        Director;
          (9) an assessment of financial and staffing 
        requirements, and attainment of existing staffing 
        goals, for carrying out duties and powers of the Under 
        Secretary \3\ related to security; and
          (10) appropriate legislative and regulatory 
        recommendations.
    (b) Screening and Foreign Air Carrier and Airport 
Security.--The Under Secretary \3\ shall submit biennially \79\ 
to Congress a report--
---------------------------------------------------------------------------
    \79\ Sec. 1502(b)(2) of the Federal Reports Elimination Act of 1998 
(Public Law 105-362; 110 Stat. 3295) struck out ``annually'' and 
inserted in lieu thereof ``biennially''.
---------------------------------------------------------------------------
          (1) on the effectiveness of procedures under section 
        44901 of this title;
          (2) that includes a summary of the assessments 
        conducted under section 44907(a)(1) and (2) of this 
        title; and
          (3) that includes an assessment of the steps being 
        taken, and the progress being made, in ensuring 
        compliance with section 44906 of this title for each 
        foreign air carrier security program at airports 
        outside the United States--
                  (A) at which the Under Secretary \3\ decides 
                that Foreign Security Liaison Officers are 
                necessary for air transportation security; and
                  (B) for which extraordinary security measures 
                are in place.\80\
---------------------------------------------------------------------------
    \80\ Sec. 1502(b)(3) of the Federal Reports Elimination Act of 1998 
(Public Law 105-362; 110 Stat. 3295) struck out subsec. (c), which 
previously read as follows:
    ``(c) Domestic Air Transportation System Security.--The 
Administrator shall submit to Congress an annual report for each of the 
calendar years 1991 and 1992 on the progress being made, and the 
problems occurring, in carrying out section 44904 of this title. The 
report shall include recommendations for improving domestic air 
transportation security.''.
---------------------------------------------------------------------------

Sec. 44939.\81\ Training to operate certain aircraft

    (a) Waiting Period.--A person operating as a flight 
instructor, pilot school, or aviation training center or 
subject to regulation under this part may provide training in 
the operation of any aircraft having a maximum certificated 
takeoff weight of more than 12,500 pounds to an alien (as 
defined in section 101(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(3))) or to any other individual specified 
by the Secretary of Homeland Security only if--
---------------------------------------------------------------------------
    \81\ Sec. 612(a) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2572) amended and 
restated sec. 44939. Sec. 113(a) of the Aviation and Transportation 
Security Act (Public Law 107-71; 115 Stat. 622) originally added sec. 
44939.
    Sec. 113(c) of Public Law 107-71 further stated:
    ``(c) International Cooperation.--The Secretary of Transportation, 
in consultation with the Secretary of State, shall work with the 
International Civil Aviation Organization and the civil aviation 
authorities of other countries to improve international aviation 
security through screening programs for flight instruction 
candidates.''.
---------------------------------------------------------------------------
          (1) that person has first notified the Secretary that 
        the alien or individual has requested such training and 
        submitted to the Secretary, in such form as the 
        Secretary may prescribe, the following information 
        about the alien or individual:
                  (A) full name, including any aliases used by 
                the applicant or variations in spelling of the 
                applicant's name;
                  (B) passport and visa information;
                  (C) country of citizenship;
                  (D) date of birth;
                  (E) dates of training; and
                  (F) fingerprints collected by, or under the 
                supervision of, a Federal, State, or local law 
                enforcement agency or by another entity 
                approved by the Federal Bureau of Investigation 
                or the Secretary of Homeland Security, 
                including fingerprints taken by United States 
                Government personnel at a United States embassy 
                or consulate; and
          (2) the Secretary has not directed, within 30 days 
        after being notified under paragraph (1), that person 
        not to provide the requested training because the 
        Secretary has determined that the individual presents a 
        risk to aviation or national security.
    (b) Interruption of Training.--If the Secretary of Homeland 
Security, more than 30 days after receiving notification under 
subsection (a) from a person providing training described in 
subsection (a), determines that the individual presents a risk 
to aviation or national security, the Secretary shall 
immediately notify the person providing the training of the 
determination and that person shall immediately terminate the 
training.
    (c) Notification.--A person operating as a flight 
instructor, pilot school, or aviation training center or 
subject to regulation under this part may provide training in 
the operation of any aircraft having a maximum certificated 
takeoff weight of 12,500 pounds or less to an alien (as defined 
in section 101(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3))) or to any other individual specified by the 
Secretary of Homeland Security only if that person has notified 
the Secretary that the individual has requested such training 
and furnished the Secretary with that individual's 
identification in such form as the Secretary may require.
    (d) Expedited Processing.--Not later than 60 days after the 
date of enactment of this section, the Secretary shall 
establish a process to ensure that the waiting period under 
subsection (a) shall not exceed 5 days for an alien (as defined 
in section 101(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3))) who--
          (1) holds an airman's certification of a foreign 
        country that is recognized by an agency of the United 
        States, including a military agency, that permits an 
        individual to operate a multi-engine aircraft that has 
        a certificated takeoff weight of more than 12,500 
        pounds;
          (2) is employed by a foreign air carrier that is 
        certified under part 129 of title 14, Code of Federal 
        Regulations, and that has a security program approved 
        under section 1546 of title 49, Code of Federal 
        Regulations;
          (3) is an individual that has unescorted access to a 
        secured area of an airport designated under section 
        4936(a)(1)(A)(ii); or
          (4) is an individual that is part of a class of 
        individuals that the Secretary has determined that 
        providing aviation training to presents minimal risk to 
        aviation or national security because of the aviation 
        training already possessed by such class of 
        individuals.
    (e) Training.--In subsection (a), the term ``training'' 
means training received from an instructor in an aircraft or 
aircraft simulator and does not include recurrent training, 
ground training, or demonstration flights for marketing 
purposes.
    (f) Nonapplicability to Certain Foreign Military Pilots.--
The procedures and processes required by subsections (a) 
through (d) shall not apply to a foreign military pilot 
endorsed by the Department of Defense for flight training in 
the United States and seeking training described in subsection 
(e) in the United States.
    (g) Fee.--
          (1) In general.--The Secretary of Homeland Security 
        may assess a fee for an investigation under this 
        section, which may not exceed 100 per individual 
        (exclusive of the cost of transmitting fingerprints 
        collected at overseas facilities) during fiscal years 
        2003 and 2004. For fiscal year 2005 and thereafter, the 
        Secretary may adjust the maximum amount of the fee to 
        reflect the costs of such an investigation.
          (2) Offset.--Notwithstanding section 3302 of title 
        31, any fee collected under this section--
                  (A) shall be credited to the account in the 
                Treasury from which the expenses were incurred 
                and shall be available to the Secretary for 
                those expenses; and
                  (B) shall remain available until expended.
    (h) Interagency Cooperation.--The Attorney General, the 
Director of Central Intelligence, and the Administrator of the 
Federal Aviation Administration shall cooperate with the 
Secretary in implementing this section.
    (i) Security Awareness Training for Employees.--The 
Secretary shall require flight schools to conduct a security 
awareness program for flight school employees to increase their 
awareness of suspicious circumstances and activities of 
individuals enrolling in or attending flight school.

Sec. 44940.\82\ Security service fee

    (a) General Authority.--
          (1) Passenger fees.--The Under Secretary of 
        Transportation for Security shall impose a uniform fee, 
        on passengers of air carriers and foreign air carriers 
        in air transportation and intrastate air transportation 
        originating at airports in the United States, to pay 
        for the following costs of providing civil aviation 
        security services:
---------------------------------------------------------------------------
    \82\ Sec. 118(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 625) added sec. 44940.
---------------------------------------------------------------------------
                  (A) Salary, benefits, overtime, retirement 
                and other costs of screening personnel, their 
                supervisors and managers, and Federal law 
                enforcement personnel deployed at airport 
                security screening locations under section 
                44901.
                  (B) The costs of training personnel described 
                in subparagraph (A), and the acquisition, 
                operation, and maintenance of equipment used by 
                such personnel.
                  (C) The costs of performing background 
                investigations of personnel described in 
                subparagraphs (A), (D), (F), and (G).
                  (D) The costs of the Federal air marshals 
                program.
                  (E) The costs of performing civil aviation 
                security research and development under this 
                title.
                  (F) The costs of Federal Security Managers 
                under section 44903.
                  (G) The costs of deploying Federal law 
                enforcement personnel pursuant to section 
                44903(h). The amount of such costs shall be 
                determined by the Under Secretary and shall not 
                be subject to judicial review.
                  (H) \83\ The costs of security-related 
                capital improvements at airports.
---------------------------------------------------------------------------
    \83\ Sec. 605(b)(1) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2568) added 
subparas. (H) and (I).
---------------------------------------------------------------------------
                  (I) \83\ The costs of training pilots and 
                flight attendants under sections 44918 and 
                44921.
        The amount of such costs shall be determined by the 
        Under Secretary and shall not be subject to judicial 
        review. For purposes of subparagraph (A), the term 
        ``Federal law enforcement personnel'' includes State 
        and local law enforcement officers who are deputized 
        under section 44922.\84\
---------------------------------------------------------------------------
    \84\ Sec. 351(b) of the Consolidated Appropriations Resolution, 
2003 (Public Law 108-7; 117 Stat. 420), added this sentence.
---------------------------------------------------------------------------
          (2) Air carrier fees.--
                  (A) Authority.--In addition to the fee 
                imposed pursuant to paragraph (1), and only to 
                the extent that the Under Secretary estimates 
                that such fee will be insufficient to pay for 
                the costs of providing civil aviation security 
                services described in paragraph (1), the Under 
                Secretary may impose a fee on air carriers and 
                foreign air carriers engaged in air 
                transportation and intrastate air 
                transportation to pay for the difference 
                between any such costs and the amount collected 
                from such fee, as estimated by the Under 
                Secretary at the beginning of each fiscal year. 
                The estimates of the Under Secretary under this 
                subparagraph are not subject to judicial 
                review.
                  (B) Limitations.--
                          (i) Overall limit.--The amounts of 
                        fees collected under this paragraph for 
                        each fiscal year may not exceed, in the 
                        aggregate, the amounts paid in calendar 
                        year 2000 by carriers described in 
                        subparagraph (A) for screening 
                        passengers and property, as determined 
                        by the Under Secretary.
                          (ii) Per-carrier limit.--The amount 
                        of fees collected under this paragraph 
                        from an air carrier described in 
                        subparagraph (A) for each of fiscal 
                        years 2002, 2003, and 2004 may not 
                        exceed the amount paid in calendar year 
                        2000 by that carrier for screening 
                        passengers and property, as determined 
                        by the Under Secretary.
                          (iii) Adjustment of per-carrier 
                        limit.--For fiscal year 2005 and 
                        subsequent fiscal years, the per-
                        carrier limitation under clause (ii) 
                        may be determined by the Under 
                        Secretary on the basis of market share 
                        or any other appropriate measure in 
                        lieu of actual screening costs in 
                        calendar year 2000.
                          (iv) Finality of determinations.--
                        Determinations of the Under Secretary 
                        under this subparagraph are not subject 
                        to judicial review.
                  (C) Special rule for fiscal year 2002.--The 
                amount of fees collected under this paragraph 
                from any carrier for fiscal year 2002 may not 
                exceed the amounts paid by that carrier for 
                screening passengers and property for a period 
                of time in calendar year 2000 proportionate to 
                the period of time in fiscal year 2002 during 
                which fees are collected under this paragraph.
    (b) Schedule of Fees.--In imposing fees under subsection 
(a), the Under Secretary shall ensure that the fees are 
reasonably related to the Transportation Security 
Administration's costs of providing services rendered.
    (c) Limitation on Fee.--Fees imposed under subsection 
(a)(1) may not exceed $2.50 per enplanement in air 
transportation or intrastate air transportation that originates 
at an airport in the United States, except that the total 
amount of such fees may not exceed $5.00 per one-way trip.
    (d) Imposition of Fee.--
          (1) In general.--Notwithstanding section 9701 of 
        title 31 and the procedural requirements of section 553 
        of title 5, the Under Secretary shall impose the fee 
        under subsection (a)(1), and may impose a fee under 
        subsection (a)(2), through the publication of notice of 
        such fee in the Federal Register and begin collection 
        of the fee within 60 days of the date of enactment of 
        this Act, or as soon as possible thereafter.
          (2) Special rules passenger fees.--A fee imposed 
        under subsection (a)(1) through the procedures under 
        subsection (d) shall apply only to tickets sold after 
        the date on which such fee is imposed. If a fee imposed 
        under subsection (a)(1) through the procedures under 
        subsection (d) on transportation of a passenger of a 
        carrier described in subsection (a)(1) is not collected 
        from the passenger, the amount of the fee shall be paid 
        by the carrier.
          (3) Subsequent modification of fee.--After imposing a 
        fee in accordance with paragraph (1), the Under 
        Secretary may modify, from time to time through 
        publication of notice in the Federal Register, the 
        imposition or collection of such fee, or both.
          (4) Limitation on collection.--No fee may be 
        collected under this section except to the extent that 
        the expenditure of the fee to pay the costs of 
        activities and services for which the fee is imposed is 
        provided for in advance in an appropriations Act or in 
        section 44923.\85\
---------------------------------------------------------------------------
    \85\ Sec. 605(b)(2) of the Vision 100--Century of Aviation 
Reauthorization Act (Public Law 108-176; 117 Stat. 2568) struck out 
``Act.'' and inserted in lieu thereof ``Act or in section 44923.''.
---------------------------------------------------------------------------
    (e) Administration of Fees.--
          (1) Fees payable to under secretary.--All fees 
        imposed and amounts collected under this section are 
        payable to the Under Secretary.
          (2) Fees collected by air carrier.--A fee imposed 
        under subsection (a)(1) shall be collected by the air 
        carrier or foreign air carrier that sells a ticket for 
        transportation described in subsection (a)(1).
          (3) Due date for remittance.--A fee collected under 
        this section shall be remitted on the last day of each 
        calendar month by the carrier collecting the fee. The 
        amount to be remitted shall be for the calendar month 
        preceding the calendar month in which the remittance is 
        made.
          (4) Information.--The Under Secretary may require the 
        provision of such information as the Under Secretary 
        decides is necessary to verify that fees have been 
        collected and remitted at the proper times and in the 
        proper amounts.
          (5) Fee not subject to tax.--For purposes of section 
        4261 of the Internal Revenue Code of 1986 (26 U.S.C. 
        4261), a fee imposed under this section shall not be 
        considered to be part of the amount paid for taxable 
        transportation.
          (6) Cost of collecting fee.--No portion of the fee 
        collected under this section may be retained by the air 
        carrier or foreign air carrier for the costs of 
        collecting, handling, or remitting the fee except for 
        interest accruing to the carrier after collection and 
        before remittance.
    (f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected 
under this section--
          (1) shall be credited as offsetting collections to 
        the account that finances the activities and services 
        for which the fee is imposed;
          (2) shall be available for expenditure only to pay 
        the costs of activities and services for which the fee 
        is imposed; and
          (3) shall remain available until expended.
    (g) Refunds.--The Under Secretary may refund any fee paid 
by mistake or any amount paid in excess of that required.
    (h) Exemptions.--The Under Secretary may exempt from the 
passenger fee imposed under subsection (a)(1) any passenger 
enplaning at an airport in the United States that does not 
receive screening services under section 44901 for that segment 
of the trip for which the passenger does not receive screening.

Sec. 44941.\86\ Immunity for reporting suspicious activities

    (a) In General.--Any air carrier or foreign air carrier or 
any employee of an air carrier or foreign air carrier who makes 
a voluntary disclosure of any suspicious transaction relevant 
to a possible violation of law or regulation, relating to air 
piracy, a threat to aircraft or passenger safety, or terrorism, 
as defined by section 3077 of title 18, United States Code, to 
any employee or agent of the Department of Transportation, the 
Department of Justice, any Federal, State, or local law 
enforcement officer, or any airport or airline security officer 
shall not be civilly liable to any person under any law or 
regulation of the United States, any constitution, law, or 
regulation of any State or political subdivision of any State, 
for such disclosure.
---------------------------------------------------------------------------
    \86\ Sec. 125(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 631) added sec. 44941.
---------------------------------------------------------------------------
    (b) Application.--Subsection (a) shall not apply to--
          (1) any disclosure made with actual knowledge that 
        the disclosure was false, inaccurate, or misleading; or
          (2) any disclosure made with reckless disregard as to 
        the truth or falsity of that disclosure.

Sec. 44942.\87\ Performance goals and objectives

    (a) Short Term Transition.--
          (1) In general.--Within 180 days after the date of 
        enactment of the Aviation and Transportation Security 
        Act, the Under Secretary for Transportation Security 
        may, in consultation with Congress--
---------------------------------------------------------------------------
    \87\ Sec. 130 of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 633) added secs. 44942 and 44943.
---------------------------------------------------------------------------
                  (A) establish acceptable levels of 
                performance for aviation security, including 
                screening operations and access control, and
                  (B) provide Congress with an action plan, 
                containing measurable goals and milestones, 
                that outlines how those levels of performance 
                will be achieved.
          (2) Basics of action plan.--The action plan shall 
        clarify the responsibilities of the Transportation 
        Security Administration, the Federal Aviation 
        Administration and any other agency or organization 
        that may have a role in ensuring the safety and 
        security of the civil air transportation system.
    (b) Long-Term Results-Based Management.--
          (1) \88\ Performance plan and report.--
                  (A) Performance plan.--
                          (i) Each year, consistent with the 
                        requirements of the Government 
                        Performance and Results Act of 1993 
                        (GPRA), the Secretary and the Under 
                        Secretary for Transportation Security 
                        shall agree on a performance plan for 
                        the succeeding 5 years that establishes 
                        measurable goals and objectives for 
                        aviation security. The plan shall 
                        identify action steps necessary to 
                        achieve such goals.
---------------------------------------------------------------------------
    \88\ So in original. No para. (2) is enacted.
---------------------------------------------------------------------------
                          (ii) In addition to meeting the 
                        requirements of GPRA, the performance 
                        plan should clarify the 
                        responsibilities of the Secretary, the 
                        Under Secretary for Transportation 
                        Security and any other agency or 
                        organization that may have a role in 
                        ensuring the safety and security of the 
                        civil air transportation system.
                  (B) Performance report.--Each year, 
                consistent with the requirements of GPRA, the 
                Under Secretary for Transportation Security 
                shall prepare and submit to Congress an annual 
                report including an evaluation of the extent 
                goals and objectives were met. The report shall 
                include the results achieved during the year 
                relative to The goals established in the 
                performance plan.

Sec. 44943.\87\ Performance management system

    (a) Establishing a Fair and Equitable System for Measuring 
Staff Performance.--The Under Secretary for Transportation 
Security shall establish a performance management system which 
strengthens the organization's effectiveness by providing for 
the establishment of goals and objectives for managers, 
employees, and organizational performance consistent with the 
performance plan.
    (b) Establishing Management Accountability for Meeting 
Performance Goals.--
          (1) In general.--Each year, the Secretary and Under 
        Secretary of Transportation for Security shall enter 
        into an annual performance agreement that shall set 
        forth organizational and individual performance goals 
        for the Under Secretary.
          (2) Goals.--Each year, the Under Secretary and each 
        senior manager who reports to the Under Secretary shall 
        enter into an annual performance agreement that sets 
        forth organization and individual goals for those 
        managers. All other employees hired under the authority 
        of the Under Secretary shall enter into an annual 
        performance agreement that sets forth organization and 
        individual goals for those employees.
    (c) Performance-Based Service Contracting.--To the extent 
contracts, if any, are used to implement the Aviation Security 
Act, the Under Secretary for Transportation Security shall, to 
the extent practical, maximize the use of performance-based 
service contracts. These contracts should be consistent with 
guidelines published by the Office of Federal Procurement 
Policy.

Sec. 44944.\89\ Voluntary provision of emergency services

    (a) Program for Provision of Voluntary Services.--
          (1) Program.--The Under Secretary of Transportation 
        for Transportation Security shall carry out a program 
        to permit qualified law enforcement officers, 
        firefighters, and emergency medical technicians to 
        provide emergency services on commercial air flights 
        during emergencies.
---------------------------------------------------------------------------
    \89\ Sec. 131(a) of the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 635) added sec. 44944.
---------------------------------------------------------------------------
          (2) Requirements.--The Under Secretary shall 
        establish such requirements for qualifications of 
        providers of voluntary services under the program under 
        paragraph (1), including training requirements, as the 
        Under Secretary considers appropriate.
          (3) Confidentiality of registry.--If as part of the 
        program under paragraph (1) the Under Secretary 
        requires or permits registration of law enforcement 
        officers, firefighters, or emergency medical 
        technicians who are willing to provide emergency 
        services on commercial flights during emergencies, the 
        Under Secretary shall take appropriate actions to 
        ensure that the registry is available only to 
        appropriate airline personnel and otherwise remains 
        confidential.
          (4) Consultation.--The Under Secretary shall consult 
        with appropriate representatives of the commercial 
        airline industry, and organizations representing 
        community-based law enforcement, firefighters, and 
        emergency medical technicians, in carrying out the 
        program under paragraph (1), including the actions 
        taken under paragraph (3).
    (b) Exemption From Liability.--An individual shall not be 
liable for damages in any action brought in a Federal or State 
court that arises from an act or omission of the individual in 
providing or attempting to provide assistance in the case of an 
in-flight emergency in an aircraft of an air carrier if the 
individual meets such qualifications as the Under Secretary 
shall prescribe for purposes of this section.
    (c) Exception.--The exemption under subsection (b) shall 
not apply in any case in which an individual provides, or 
attempts to provide, assistance described in that paragraph in 
a manner that constitutes gross negligence or willful 
misconduct.
             b. Cape Town Treaty Implementation Act of 2004

Public Law 108-297 [H.R. 4226], 108 Stat. 1095, approved August 9, 2004

     AN ACT To amend title 49, United States Code, to make certain 
conforming changes to provisions governing the registration of aircraft 
and the recordation of instruments in order to implement the Convention 
on International Interests in Mobile Equipment and the Protocol to the 
 Convention on International Interests in Mobile Equipment on Matters 
   Specific to Aircraft Equipment, known as the ``Cape Town Treaty''.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as ``Cape Town Treaty Implementation 
Act of 2004''.
---------------------------------------------------------------------------
    \1\ 49 U.S.C. 40101 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
          (1) The Cape Town Treaty (as defined in section 44113 
        of title 49, United States Code) extends modern 
        commercial laws for the sale, finance, and lease of 
        aircraft and aircraft engines to the international 
        arena in a manner consistent with United States law and 
        practice.
          (2) The Cape Town Treaty provides for internationally 
        established and recognized financing and leasing rights 
        that will provide greater security and commercial 
        predictability in connection with the financing and 
        leasing of highly mobile assets, such as aircraft and 
        aircraft engines.
          (3) The legal and financing framework of the Cape 
        Town Treaty will provide substantial economic benefits 
        to the aviation and aerospace sectors, including the 
        promotion of exports, and will facilitate the 
        acquisition of newer, safer aircraft around the world.
          (4) Only technical changes to United States law and 
        regulations are required since the asset-based 
        financing and leasing concepts embodied in the Cape 
        Town Treaty are already reflected in the United States 
        in the Uniform Commercial Code.
          (5) The new electronic registry system established 
        under the Cape Town Treaty will work in tandem with 
        current aircraft document recordation systems of the 
        Federal Aviation Administration, which have served 
        United States industry well.
          (6) The United States Government was a leader in the 
        development of the Cape Town Treaty.
    (b) Purpose.--Accordingly, the purpose of this Act is to 
provide for the implementation of the Cape Town Treaty in the 
United States by making certain technical amendments to the 
provisions of chapter 441 of title 49, United States Code, 
directing the Federal Aviation Administration to complete the 
necessary rulemaking processes as expeditiously as possible, 
and clarifying the applicability of the Treaty during the 
rulemaking process.

SEC. 3.\2\ RECORDATION OF SECURITY INSTRUMENTS.
---------------------------------------------------------------------------

    \2\ Sec. 3 consists of amendments to 49 U.S.C. 44107, which reads 
as follows (as amended):
---------------------------------------------------------------------------

``Sec. 44107. Recordation of conveyances, leases, and security instruments
---------------------------------------------------------------------------

    ``(a) Establishment of System.--The Administrator of the Federal 
Aviation Administration shall establish a system for recording--
---------------------------------------------------------------------------

  ``(1) conveyances that affect an interest in civil aircraft of the United 
States;

  ``(2) leases and instruments executed for security purposes, including 
conditional sales contracts, assignments, and amendments, that affect an 
interest in--

  ``(A) a specifically identified aircraft engine having at least 550 rated 
takeoff horsepower or its equivalent;

  ``(B) a specifically identified aircraft propeller capable of absorbing 
at least 750 rated takeoff shaft horsepower;

  ``(C) an aircraft engine, propeller, or appliance maintained for 
installation or use in an aircraft, aircraft engine, or propeller, by or 
for an air carrier holding a certificate issued under section 44705 of this 
title; and

  ``(D) spare parts maintained by or for an air carrier holding a 
certificate issued under section 44705 of this title; and

  ``(3) releases, cancellations, discharges, and satisfactions related to a 
conveyance, lease, or instrument recorded under paragraph (1) or (2).
---------------------------------------------------------------------------

    ``(b) General Description Required.--A lease or instrument recorded 
under subsection (a)(2)(C) or (D) of this section only has to describe 
generally the engine, propeller, appliance, or spare part by type and 
designate its location.
    ``(c) Acknowledgment.--Except as the Administrator otherwise may 
provide, a conveyance, lease, or instrument may be recorded under 
subsection (a) of this section only after it has been acknowledged 
before--
---------------------------------------------------------------------------

  ``(1) a notary public; or

  ``(2) another officer authorized under the laws of the United States, a 
State, the District of Columbia, or a territory or possession of the United 
States to acknowledge deeds.
---------------------------------------------------------------------------

    ``(d) Records and Indexes.--The Administrator shall--
---------------------------------------------------------------------------

  ``(1) keep a record of the time and date that each conveyance, lease, and 
instrument is filed and recorded with the Administrator; and

  ``(2) record each conveyance, lease, and instrument filed with the 
Administrator, in the order of their receipt, and index them by--

  ``(A) the identifying description of the aircraft, aircraft engine, or 
propeller, or location specified in a lease or instrument recorded under 
subsection (a)(2)(C) or (D) of this section; and

  ``(B) the names of the parties to each conveyance, lease, and 
instrument.''
---------------------------------------------------------------------------

    ``(e) International Registry.--
---------------------------------------------------------------------------

  ``(1) Designation of united states entry point.--As permitted under the 
Cape Town Treaty, the Federal Aviation Administration Civil Aviation 
Registry is designated as the United States Entry Point to the 
International Registry relating to--

  ``(A) civil aircraft of the United States;

  ``(B) an aircraft for which a United States identification number has 
been assigned but only with regard to a notice filed under paragraph (2); 
and

  ``(C) aircraft engines.

  ``(2) System for filing notice of prospective interests.--

  ``(A) Establishment.--The Administrator shall establish a system for 
filing notices of prospective assignments and prospective international 
interests in, and prospective sales of, aircraft or aircraft engines 
described in paragraph (1) under the Cape Town Treaty.

  ``(B) Maintenance of validity.--A filing of a notice of prospective 
assignment, interest, or sale under this paragraph and the registration 
with the International Registry relating to such assignment, interest, or 
sale shall not be valid after the 60th day following the date of the filing 
unless documents eligible for recording under subsection (a) relating to 
such notice are filed for recordation on or before such 60th day.

  ``(3) Authorization for registration of aircraft.--A registration with 
the International Registry relating to an aircraft described in paragraph 
(1) (other than subparagraph (C)) is valid only if (A) the person seeking 
the registration first files documents eligible for recording under 
subsection (a) and relating to the registration with the United States 
Entry Point, and (B) the United States Entry Point authorizes the 
registration.''.

SEC. 4.\1\ REGULATIONS.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall issue regulations necessary to carry out 
this Act, including any amendments made by this Act.
    (b) Contents of Regulations.--Regulations to be issued 
under this Act shall specify, at a minimum, the requirements 
for--
          (1) the registration of aircraft previously 
        registered in a country in which the Cape Town Treaty 
        is in effect; and
          (2) the cancellation of registration of a civil 
        aircraft of the United States based on a request made 
        in accordance with the Cape Town Treaty.
    (c) Expedited Rulemaking Process.--
          (1) Final rule.--The Administrator shall issue 
        regulations under this section by publishing a final 
        rule by December 31, 2004.
          (2) Effective date.--The final rule shall not be 
        effective before the date the Cape Town Treaty enters 
        into force with respect to the United States.
          (3) Economic analysis.--The Administrator shall not 
        be required to prepare an economic analysis of the cost 
        and benefits of the final rule.
    (d) Applicability of Treaty.--Notwithstanding parts 
47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of 
Federal Regulations, Articles IX(5) and XIII of the Cape Town 
Treaty shall apply to the matters described in subsection (b) 
until the earlier of the effective date of the final rule under 
this section or December 31, 2004.

SEC. 5. LIMITATION ON VALIDITY OF CONVEYANCES, LEASES, AND SECURITY 
                    INSTRUMENTS.

    Section 44108(c)(2) of title 49, United States Code, is 
amended by striking the period at the end and inserting ``or 
the Cape Town Treaty, as applicable.''.

SEC. 6. DEFINITIONS.

    (a) In General.--Chapter 441 of title 49, United States 
Code, is amended by adding at the end the following:

``Sec. 44113. Definitions

          ``In this chapter, the following definitions apply:
                  ``(1) Cape town treaty.--The term `Cape Town 
                Treaty' means the Convention on International 
                Interests in Mobile Equipment, as modified by 
                the Protocol to the Convention on International 
                Interests in Mobile Equipment on Matters 
                Specific to Aircraft Equipment, signed at Rome 
                on May 9, 2003.
                  ``(2) United states entry point.--The term 
                `United States Entry Point' means the Federal 
                Aviation Administration Civil Aviation 
                Registry.
                  ``(3) International registry.--The term 
                `International Registry' means the registry 
                established under the Cape Town Treaty.''.
    (b) Conforming Amendment.--The analysis for such chapter is 
amended by adding at the end the following:
``44113. Definitions.''.

SEC. 7.\1\ EFFECTIVE DATE AND PRESERVATION OF PRIOR RIGHTS.

    This Act, including any amendments made by this Act, shall 
take effect on the date the Cape Town Treaty (as defined in 
section 44113 of title 49, United States Code) enters into 
force with respect to the United States and shall not apply to 
any registration or recordation that was made before such 
effective date under chapter 441 of such title or any legal 
rights relating to such registration or recordation.
              c. Aviation Security Improvement Act of 1990

    Partial text of Public Law 101-604 [H.R. 5732], 104 Stat. 3066, 
  approved November 16, 1990; as amended by Public Law 103-272 [H.R. 
              1758], 108 Stat. 745, approved July 5, 1994

   AN ACT To promote and strengthen aviation security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Aviation 
Security Improvement Act of 1990''.
---------------------------------------------------------------------------
    \1\ 49 U.S.C. app. 1301 note.
---------------------------------------------------------------------------
    (b) Table of Contents.-- * * *

SEC. 2.\2\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5501 note.
---------------------------------------------------------------------------
          (1) the safety and security of passengers of United 
        States air carriers against terrorist threats should be 
        given the highest priority by the United States 
        Government;
          (2) the report of the President's Commission on 
        Aviation Security and Terrorism, dated May 15, 1990, 
        found that current aviation security systems are 
        inadequate to provide such protection;
          (3) the United States Government should immediately 
        take steps to ensure fuller compliance with existing 
        laws and regulations relating to aviation security;
          (4) the United States Government should work through 
        the International Civil Aviation Organization and 
        directly with foreign governments to enhance aviation 
        security of foreign carriers and at foreign airports;
          (5) the United States Government should ensure that 
        enhanced security measures are fully implemented by 
        both United States and foreign air carriers;
          (6) all nations belonging to the Summit Seven should 
        promptly amend the Bonn Declaration to extend sanctions 
        for all terrorist acts, including attacks against 
        airports and air carrier ticket offices;
          (7) the United States Government, in bilateral 
        negotiations with foreign governments, should emphasize 
        upgrading international aviation security objectives;
          (8) the United States Government should have in place 
        a mechanism by which the Government notifies the 
        public, on a case-by-case basis and through the 
        application of a uniform national standard, of certain 
        credible threats to civil aviation security;
          (9) the United States Government has a special 
        obligation to United States victims of acts of 
        terrorism directed against this Nation and should 
        provide prompt assistance to the families of such 
        victims and assure that fair and prompt compensation is 
        provided to such victims and their families;
          (10) the United States should work with other nations 
        to treat as outlaws state sponsors of terrorism, 
        isolating such sponsors politically, economically, and 
        militarily;
          (11) the United States must develop a clear 
        understanding that state-sponsored terrorism threatens 
        United States values and interests, and that active 
        measures are needed to counter more effectively the 
        terrorist threat; and
          (12) the United States must have the national will to 
        take every feasible action to prevent, counter, and 
        respond to terrorist activities.
---------------------------------------------------------------------------
    \3\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1398) repealed sec. 
101(a) and (b), secs. 102 through 111, and sec. 203(a) through (c). See 
49 U.S.C. relating to aviation security.
---------------------------------------------------------------------------

                     TITLE I--AVIATION SECURITY \3\

   TITLE II--UNITED STATES RESPONSE TO TERRORISM AFFECTING AMERICANS 
                                 ABROAD

SEC. 201.\4\ INTERNATIONAL NEGOTIATIONS CONCERNING AVIATION SECURITY.

    (a) United States Policy.--It is the policy of the United 
States--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5501.
---------------------------------------------------------------------------
          (1) to seek bilateral agreements to achieve United 
        States aviation security objectives with foreign 
        governments;
          (2) to continue to press vigorously for security 
        improvements through the Foreign Airport Security Act 
        and the foreign airport assessment program; and
          (3) to continue to work through the International 
        Civil Aviation Organization to improve aviation 
        security internationally.
    (b) Negotiations for Aviation Security.--(1) The Department 
of State, in consultation with the Department of 
Transportation, shall be responsible for negotiating requisite 
aviation security agreements with foreign governments 
concerning the implementation of United States rules and 
regulations which affect the foreign operations of United 
States air carriers, foreign air carriers, and foreign 
international airports. The Secretary of State is directed to 
enter, expeditiously, into negotiations for bilateral and 
multilateral agreements--
          (A) for enhanced aviation security objectives;
          (B) to implement the Foreign Airport Security Act and 
        the foreign airport assessment program to the fullest 
        extent practicable; and
          (C) to achieve improved availability of passenger 
        manifest information.
    (2) A principal objective of bilateral and multilateral 
negotiations with foreign governments and the International 
Civil Aviation Organization shall be improved availability of 
passenger manifest information.

SEC. 202.\5\ COORDINATOR FOR COUNTERTERRORISM.

    The Coordinator for Counterterrorism shall be responsible 
for the coordination of international aviation security for the 
Department of State.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5502.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 204.\6\ DEPARTMENT OF STATE NOTIFICATION OF FAMILIES OF VICTIMS.

    (a) Department of State Policy.--It is the policy of the 
Department of State pursuant to section 43 of the State 
Department Basic Authorities Act to directly and promptly 
notify the families of victims of aviation disasters abroad 
concerning citizens of the United States directly affected by 
such a disaster, including timely written notice. The Secretary 
of State shall ensure that such notification by the Department 
of State is carried out notwithstanding notification by any 
other person.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5503.
---------------------------------------------------------------------------
    (b) Department of State Guidelines.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of 
State shall issue such regulations, guidelines, and circulars 
as are necessary to ensure that the policy under subsection (a) 
is fully implemented.

SEC. 205.\7\ DESIGNATION OF STATE DEPARTMENT-FAMILY LIAISON AND TOLL-
                    FREE FAMILY COMMUNICATIONS SYSTEM.

    (a) Designation of State Department-Family Liaison.--Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of State shall issue such rules and guidelines as 
are necessary to provide that in the event of an aviation 
disaster directly involving United States citizens abroad, if 
possible, the Department of State will assign a specific 
individual, and an alternate, as the Department of State 
liaison for the family of each such citizen.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 5504.
---------------------------------------------------------------------------
    (b) Toll-Free Communications System.--In the establishment 
of the Department of State toll-free communications system to 
facilitate inquiries concerning the affect of any disaster 
abroad on United States citizens residing or traveling abroad, 
the Secretary of State shall ensure that a toll-free telephone 
number is reserved for the exclusive use of the families of 
citizens who have been determined to be directly involved in 
any such disaster.

SEC. 206.\8\ DISASTER TRAINING FOR STATE DEPARTMENT PERSONNEL.

    (a) Additional Training.--The Secretary of State shall 
institute a supplemental program of training in disaster 
management for all consular officers.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 5505.
---------------------------------------------------------------------------
    (b) Training Improvements.--
          (1) In expanding the training program under 
        subsection (a), the Secretary of State shall consult 
        with death and bereavement counselors concerning the 
        particular demands posed by aviation tragedies and 
        terrorist activities.
          (2) In providing such additional training under 
        subsection (a) the Secretary of State shall consider 
        supplementing the current training program through--
                  (A) providing specialized training to create 
                a team of ``disaster specialists'' to deploy 
                immediately in a crisis; or
                  (B) securing outside experts to be brought in 
                during the initial phases to assist consular 
                personnel.

SEC. 207.\9\ DEPARTMENT OF STATE RESPONSIBILITIES AND PROCEDURES AT 
                    INTERNATIONAL DISASTER SITE.

    (a) Dispatch of Senior State Department Official to Site.--
Not later than 60 days after the date of the enactment of this 
Act, the Secretary of State shall issue such rules and 
guidelines as are necessary to provide that in the event of an 
international disaster, particularly an aviation tragedy, 
directly involving significant numbers of United States 
citizens abroad not less than one senior officer from the 
Bureau of Consular Affairs of the Department of State shall be 
dispatched to the site of such disaster.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 5506.
---------------------------------------------------------------------------
    (b) Criteria for Department of State Staffing at Disaster 
Site.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of State shall promulgate criteria 
for Department of State staffing of disaster sites abroad. Such 
criteria shall define responsibility for staffing decisions and 
shall consider the deployment of crisis teams under subsection 
(d). The Secretary of State shall promptly issue such rules and 
guidelines as are necessary to implement criteria developed 
pursuant to this subsection.
    (c) State Department Ombudsman.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of 
State shall issue such rules and guidelines as are necessary to 
provide that in the event of an international aviation disaster 
involving significant numbers of United States citizens abroad 
not less than one officer or employee of the Department of 
State shall be dispatched to the disaster site to provide on-
site assistance to families who may visit the site and to act 
as an ombudsman in matters involving the foreign local 
government authorities and social service agencies.
    (d) Crisis Teams.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of State shall 
promulgate procedures for the deployment of a ``crisis team'', 
which may include public affairs, forensic, and bereavement 
experts, to the site of any international disaster involving 
United States citizens abroad to augment in-country Embassy and 
consulate staff. The Secretary of State shall promptly issue 
such rules and guidelines as are necessary to implement 
procedures developed pursuant to this subsection.

SEC. 208.\10\ RECOVERY AND DISPOSITION OF REMAINS AND PERSONAL EFFECTS.

    It is the policy of the Department of State (pursuant to 
section 43 of the State Department Basic Authorities Act) to 
provide liaison with foreign governments and persons and with 
United States air carriers concerning arrangements for the 
preparation and transport to the United States of the remains 
of citizens who die abroad, as well as the disposition of 
personal effects. The Secretary of State shall ensure that 
regulations and guidelines of the Department of State reflect 
such policy and that such assistance is rendered to the 
families of United States citizens who are killed in terrorist 
incidents and disasters abroad.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 5507.
---------------------------------------------------------------------------

SEC. 209.\11\ ASSESSMENT OF LOCKERBIE EXPERIENCE.

    (a) Assessment.--The Secretary of State shall compile an 
assessment of the Department of State response to the Pan 
American Airways Flight 103 aviation disaster over Lockerbie, 
Scotland, on December 21, 1988.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 5508.
---------------------------------------------------------------------------
    (b) Guidelines.--The Secretary of State shall establish, 
based on the assessment compiled under subsection (a) and other 
relevant factors, guidelines for future Department of State 
responses to comparable disasters and shall distribute such 
guidelines to all United States diplomatic and consular posts 
abroad.

SEC. 210.\12\ OFFICIAL DEPARTMENT OF STATE RECOGNITION.

    Not later than 60 days after the date of the enactment of 
this Act, the Secretary of State shall promulgate guidelines 
for appropriate ceremonies or other official expressions of 
respect and support for the families of United States citizens 
who are killed through acts of terrorism abroad.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5509.
---------------------------------------------------------------------------

SEC. 211.\13\ UNITED STATES GOVERNMENT COMPENSATION FOR VICTIMS OF 
                    TERRORISM.

    (a) Compensation.--The President shall submit to the 
Congress, not later than one year after the date of the 
enactment of this Act, recommendations on whether or not 
legislation should be enacted to authorize the United States to 
provide monetary and tax relief as compensation to United 
States citizens who are victims of terrorism.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 5510.
---------------------------------------------------------------------------
    (b) Board.--The President may establish a board to develop 
criteria for compensation and to recommend changes to existing 
laws to establish a single comprehensive approach to victim 
compensation for terrorist acts.
    (c) Income Tax Benefit for Victims of Lockerbie 
Terrorism.--
          (1) In general.--Subject to paragraph (2), in the 
        case of any individual whose death was a direct result 
        of the Pan American Airways Flight 103 terrorist 
        disaster over Lockerbie, Scotland, on December 21, 
        1988, any tax imposed by subtitle A of the Internal 
        Revenue Code of 1986 shall not apply--
                  (A) with respect to the taxable year which 
                includes December 21, 1988, and
                  (B) with respect to the prior taxable year.
          (2) Limitation.--In no case may the tax benefit 
        pursuant to paragraph (1) for any taxable year, for any 
        individual, exceed an amount equal to 28 percent of the 
        annual rate of basic pay at Level V of the Executive 
        Schedule of the United States as of December 21, 1988.

SEC. 212.\14\ OVERSEAS SECURITY ELECTRONIC BULLETIN BOARD.

    Not later than 60 days after the date of the enactment of 
this Act, the Secretary of State shall issue such rules and 
regulations as may be necessary to establish, under the Bureau 
of Consular Affairs, an electronic bulletin board accessible to 
the general public. Such bulletin board shall contain all 
information, updated daily, which is available on the Overseas 
Security Electronic Bulletin Board of the Bureau of Diplomatic 
Security.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 5511.
---------------------------------------------------------------------------

SEC. 213. ANTITERRORISM ASSISTANCE.

    (a) Aviation Security.--In addition to amounts otherwise 
authorized to be appropriated, there are authorized to be 
appropriated $7,000,000 for fiscal year 1991 for aviation 
security assistance under chapter 8 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2349aa et seq.), relating to 
antiterrorism assistance.
    (b) \15\ Training Services.-- * * *
---------------------------------------------------------------------------
    \15\ Sec. 213(b) amended sec. 573(d) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2349aa2). For text, see Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

SEC. 214.\16\ ANTITERRORISM MEASURES.

    (a) Guidelines for International Aviation Travelers.--For 
the purpose of notifying the public, the Secretary of State, in 
consultation with the Secretary of Transportation, shall 
develop and publish guidelines for thwarting efforts by 
international terrorists to enlist the unwitting assistance of 
international aviation travelers in terrorist activities. 
Notices concerning such guidelines shall be posted and 
prominently displayed domestically and abroad in international 
airports.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 5512.
---------------------------------------------------------------------------
    (b) Development of International Standards.--The Secretary 
of State and the Secretary of Transportation in all appropriate 
fora, particularly talks and meetings related to international 
civil aviation, shall enter into negotiations with other 
nations for the establishment of international standards 
regarding guidelines for thwarting efforts by international 
terrorists to enlist the unwitting assistance of international 
aviation travelers in terrorist activities.
    (c) Publication of Rewards for Terrorism-Related 
Information.--For the purpose of notifying the public, the 
Secretary of State shall publish the availability of United 
States Government rewards for information on international 
terrorist-related activities, including rewards available under 
section 36(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708(a)) and chapter 204 of title 18, United 
States Code. To the extent appropriate and feasible, notices 
making such publication shall be posted and prominently 
displayed domestically and abroad in international airports.
    (d) Sense of Congress.--It is the sense of Congress that 
the Secretary of Transportation should take appropriate 
measures to utilize and train properly the officers and 
employees of other United States Government agencies who have 
functions at international airports in the United States and 
abroad in the detection of explosives and firearms which could 
be a threat to international civil aviation.

SEC. 215.\17\ PROPOSAL FOR CONSIDERATION BY THE INTERNATIONAL CIVIL 
                    AVIATION ORGANIZATION.

    Not later than 60 days after the date of the enactment of 
this Act, the Secretary of State, in consultation with the 
Secretary of Transportation, shall propose to the International 
Civil Aviation Organization the establishment of a 
comprehensive aviation security program which shall include (1) 
training for airport security personnel, (2) grants for 
security equipment acquisition for certain nations, and (3) 
expansion of the appropriate utilization of canine teams in the 
detection of explosive devices in all airport areas, including 
use in passenger screening areas and nonpublic baggage assembly 
and processing areas.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 5513.
  d. International Security and Development Cooperation Act of 1985--
        International Terrorism and Foreign Airport Security \1\

  Partial text of Title V of Public Law 99-83 [S. 960], 99 Stat. 190, 
approved August 8, 1985; as amended by Public Law 103-272 [H.R. 1758], 
                  108 Stat. 745, approved July 5, 1994

 AN ACT To authorize international development and security assistance 
 programs and Peace Corps programs for fiscal years 1986 and 1987, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ For complete text of this Act, see Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``International Security and Development Cooperation Act of 
1985''.
          * * * * * * *

     TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

          * * * * * * *

                    Part B--Foreign Airport Security

SEC. 551.\2\ SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION. * * *
---------------------------------------------------------------------------

    \2\ Sec. 551(a) amended sec. 1115 of the Federal Aviation Act of 
1958; subsec. (b) made conforming amendments.
---------------------------------------------------------------------------
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.
---------------------------------------------------------------------------
    \3\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed secs. 
552, 553, and 556. See 49 U.S.C. relating to aviation security.
---------------------------------------------------------------------------

SEC. 552.\3\ TRAVEL ADVISORY AND SUSPENSION OF FOREIGN ASSISTANCE. * * 
                    * [REPEALED--1994]

SEC. 553.\3\ UNITED STATES AIRMARSHAL PROGRAM. * * * [REPEALED--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\3\ MULTILATERAL AND BILATERAL AGREEMENTS WITH RESPECT TO 
                    AIRCRAFT SABOTAGE, AIRCRAFT HIJACKING, AND AIRPORT 
                    SECURITY. * * * [REPEALED--1994]

SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING 
                    EXPLOSIVES.

    In order to improve security at international airports, 
there are authorized to be appropriated to the Secretary of 
Transportation from the Airport and Airway Trust Fund (in 
addition to amounts otherwise available for such purpose) 
$5,000,000, without fiscal year limitation, to be used for 
research on and the development of airport security devices or 
techniques for detecting explosives.

SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

    The Congress joins with all Americans in celebrating the 
release of the hostages taken from Trans World Airlines flight 
847. It is the sense of the Congress that--
          (1) purser Uli Derickson, pilot John Testrake, co-
        pilot Philip Maresca, flight engineer Benjamin 
        Zimmermann, and the rest of the crew of Trans World 
        Airlines flight 847 displayed extraordinary valor and 
        heroism during the hostages' ordeal and therefore 
        should be commended;
          (2) the hijackers who murdered United States Navy 
        Petty Officer Stethem should be immediately brought to 
        justice;
          (3) all diplomatic means should continue to be 
        employed to obtain the release of the 7 United States 
        citizens previously kidnapped and still held in 
        Lebanon;
          (4) acts of international terrorism should be 
        universally condemned; and
          (5) the Secretary of State should be supported in his 
        efforts to gain international cooperation to prevent 
        future acts of terrorism.

SEC. 559. EFFECTIVE DATE.

    This part shall take effect on the date of enactment of 
this Act.
          2. International Cooperation in Scientific Research

         a. National Science Foundation Act of 1950, as amended

Partial text of Public Law 81-507 [S. 247], 64 Stat. 154, approved May 
 10, 1950; as amended by Public Law 86-232 [H.R. 8284], 73 Stat. 468, 
  approved September 8, 1959; Public Law 90-407 [H.R. 5404], 82 Stat. 
    365, approved July 18, 1968; and by Public Law 99-159 [National 
Science, Engineering, and Mathematics Authorization Act for Fiscal Year 
       1986; H.R. 1210], 99 Stat. 891, approved November 22, 1985

  AN ACT To promote the progress of science; to advance the national 
 health, prosperity, and welfare; to secure the national defense; and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``National Science Foundation Act of 
1950''.
          * * * * * * *

     international cooperation and coordination with foreign policy

    Sec. 13.\1\ (a) The Foundation is authorized to cooperate 
in any international scientific or engineering \2\ activities 
consistent with the purposes of this Act and to expend for such 
international scientific or engineering \2\ activities such 
sums within the limit of appropriated funds as the Foundation 
may deem desirable. The Director \3\ may defray the expenses of 
representatives of Government agencies and other organizations 
and of individual scientists or engineers \2\ to accredited 
international scientific or engineering \2\ congresses and 
meetings whenever he deems it necessary in the promotion of the 
objectives of this Act. In this connection, with the approval 
of the Secretary of State, the Foundation may undertake 
programs granting fellowships to, or making other similar 
arrangements with, foreign nationals for study and research in 
the sciences or in engineering in the United States without 
regard to section 10 of this Act or the affidavit of allegiance 
to the United States required by section 15(d)(2) of this Act 
\3\. In this connection, with the approval of the Secretary of 
State, the Foundation may undertake programs granting 
fellowships to, or making other similar arrangements with, 
foreign nationals for study and research in the sciences or in 
engineering \2\ in the United States without regard to section 
10 of this Act or the affidavit of allegiance to the United 
States required by section 15(d)(2) of this Act \3\.\4\
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 1872.
    \2\ Sec. 110(a)(16) of Public Law 99-159 (99 Stat. 891) inserted 
``or engineering'' after ``scientific'', inserted ``or engineers'' 
after ``scientists'', and struck out ``scientific study or scientific 
work'' and inserted in lieu thereof ``study and research in the 
sciences or in engineering''.
    \3\ Subsec. (a) of Public Law 90-407 (82 Stat. 365) struck out ``, 
with the approval of the Board,'' following ``The Director''. Subsec. 
(a) further struck out ``section 16(d)(2) of this Act'' and inserted in 
lieu thereof ``section 15(d)(2) of this Act.
    \4\ Subsec. (a) of Public Law 86-232 (73 Stat. 468) added the final 
two sentences of subsec. (a).
---------------------------------------------------------------------------
    (b)(1) The authority to enter into contracts or other 
arrangements with organizations or individuals in foreign 
countries and with agencies of foreign countries, as provided 
in section 11(c), and the authority to cooperate in 
international scientific \5\ or engineering \6\ activities as 
provided in subsection (a) of this section, shall be exercised 
only with the approval of the Secretary of State, to the end 
that such authority shall be exercised in such manner as is 
consistent with the foreign policy objectives of the United 
States.
---------------------------------------------------------------------------
    \5\ Subsec. (b)(1) of Public Law 86-232 (73 Stat. 468) struck out 
``research''.
    \6\ Sec. 110(a)(17) of Public Law 99-159 (99 Stat. 891) inserted 
``or engineering''.
---------------------------------------------------------------------------
    (2) If, in the exercise of the authority referred to in 
paragraph (1) of this subsection, negotiation with foreign 
countries or agencies thereof becomes necessary, such 
negotiation shall be carried on by the Secretary of State in 
consultation with the Director.
          * * * * * * *
             b. National Aeronautics and Space Act of 1958

Partial text of Public Law 85-568 [H.R. 12575], 72 Stat. 426, approved 
July 29, 1958; as amended by Public Law 94-39 [National Aeronautics and 
Space Administration Authorization Act, 1976; H.R. 4700], 89 Stat. 218, 
                         approved June 19, 1975

   AN ACT To provide for research into problems of flight within and 
        outside the Earth's atmosphere, and for other purposes.

          * * * * * * *

                       international cooperation

    Sec. 205.\1\ The Administration, under the foreign policy 
guidance of the President, may engage in a program of 
international cooperation in work done pursuant to this Act, 
and in the peaceful application of the results thereof, 
pursuant to agreements made by the President with the advice 
and consent of the Senate.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2475.
---------------------------------------------------------------------------
          * * * * * * *

                TITLE IV--UPPER ATMOSPHERIC RESEARCH \2\

                           purpose and policy

    Sec. 401.\3\ (a) The purpose of this title is to authorize 
and direct the Administration to develop and carry out a 
comprehensive program of research, technology, and monitoring 
of the phenomena of the upper atmosphere so as to provide for 
an understanding of and to maintain the chemical and physical 
integrity of the Earth's upper atmosphere.
---------------------------------------------------------------------------
    \2\ Sec. 8 of the National Aeronautics and Space Administration 
Authorization Act, 1976 (Public Law 94-39; 89 Stat. 222) added title 
IV.
    \3\ 42 U.S.C. 2481.
---------------------------------------------------------------------------
    (b) The Congress declares that it is the policy of the 
United States to undertake an immediate and appropriate 
research, technology, and monitoring program that will provide 
for understanding the physics and chemistry of the Earth's 
upper atmosphere.

                              definitions

    Sec. 402.\4\ For the purpose of this title the term ``upper 
atmosphere'' means that portion of the Earth's sensible 
atmosphere above the troposphere.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2482.
---------------------------------------------------------------------------

                           program authorized

    Sec. 403.\5\ (a) In order to carry out the purposes of this 
title the Administration in cooperation with other Federal 
agencies, shall initiate and carry out a program of research, 
technology, monitoring, and other appropriate activities 
directed to understand the physics and chemistry of the upper 
atmosphere.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 2483.
---------------------------------------------------------------------------
    (b) In carrying out the provisions of this title the 
Administration shall--
          (1) arrange for participation by the scientific and 
        engineering community, of both the Nation's industrial 
        organizations and institutions of higher education, in 
        planning and carrying out appropriate research, in 
        developing necessary technology and in making necessary 
        observations and measurements;
          (2) provide, by way of grant, contract, scholarships 
        or other arrangements, to the maximum extent 
        practicable and consistent with other laws, for the 
        widest practicable and appropriate participation of the 
        scientific and engineering community in the program 
        authorized by this title; and
          (3) make all results of the program authorized by 
        this title available to the appropriate regulatory 
        agencies and provide for the widest practicable 
        dissemination of such results.

                       international cooperation

    Sec. 404.\6\ In carrying out the provisions of this title, 
the Administration, subject to the direction of the President 
and after consultation with the Secretary of State, shall make 
every effort to enlist the support and cooperation of 
appropriate scientists and engineers of other countries and 
international organizations.
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 2484.
---------------------------------------------------------------------------
          * * * * * * *
 c. National Aeronautics and Space Administration Authorization Act of 
                                  2000

    Partial text of Public Law 106-391 [H.R. 1654], 114 Stat. 1577, 
                       approved October 30, 2000

  AN ACT To authorize appropriations for the National Aeronautics and 
  Space Administration for fiscal years 2000, 2001, and 2002, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 
2000''.
    (b) Table of Contents.-- * * *
          * * * * * * *

                 TITLE II--INTERNATIONAL SPACE STATION

SEC. 201.\1\ INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

    (a) Bimonthly Reporting on Russian Status.--Not later than 
the first day of the first month beginning more than 60 days 
after the date of the enactment of this Act, and not later than 
the first day of every second month thereafter until October 1, 
2006, the Administrator shall report to Congress whether or not 
the Russians have performed work expected of them and necessary 
to complete the International Space Station. Each such report 
shall also include a statement of the Administrator's judgment 
concerning Russia's ability to perform work anticipated and 
required to complete the International Space Station before the 
next report under this subsection.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
    (b) Decision on Russian Critical Path Items.--The President 
shall notify Congress within 90 days after the date of the 
enactment of this Act of the decision on whether or not to 
proceed with permanent replacement of any Russian elements in 
the critical path of the International Space Station or any 
Russian launch services. Such notification shall include the 
reasons and justifications for the decision and the costs 
associated with the decision. Such decision shall include a 
judgment of when all elements identified in Revision E assembly 
sequence as of June 1999 will be in orbit and operational. If 
the President decides to proceed with a permanent replacement 
for any Russian element in the critical path or any Russian 
launch services, the President shall notify Congress of the 
reasons and the justification for the decision to proceed with 
the permanent replacement and the costs associated with the 
decision.
    (c) Assurances.--The United States shall seek assurances 
from the Russian Government that it places a higher priority on 
fulfilling its commitments to the International Space Station 
than it places on extending the life of the Mir Space Station, 
including assurances that Russia will not utilize assets 
allocated by Russia to the International Space Station for 
other purposes, including extending the life of Mir.
    (d) Equitable Utilization.--In the event that any 
International Partner in the International Space Station 
Program willfully violates any of its commitments or agreements 
for the provision of agreed-upon Space Station-related hardware 
or related goods or services, the Administrator should, in a 
manner consistent with relevant international agreements, seek 
a commensurate reduction in the utilization rights of that 
Partner until such time as the violated commitments or 
agreements have been fulfilled.
    (e) Operation Costs.--The Administrator shall, in a manner 
consistent with relevant international agreements, seek to 
reduce the National Aeronautics and Space Administration's 
share of International Space Station common operating costs, 
based upon any additional capabilities provided to the 
International Space Station through the National Aeronautics 
and Space Administration's Russian Program Assurance 
activities.

SEC. 202.\1\ COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.

    (a) Limitation of Costs.--
          (1) In general.--Except as provided in subsections 
        (c) and (d), the total amount obligated by the National 
        Aeronautics and Space Administration for--
                  (A) costs of the International Space Station 
                may not exceed $25,000,000,000; and
                  (B) space shuttle launch costs in connection 
                with the assembly of the International Space 
                Station may not exceed $17,700,000,000.
          (2) Calculation of launch costs.--For purposes of 
        paragraph (1)(B)--
                  (A) not more than $380,000,000 in costs for 
                any single space shuttle launch shall be taken 
                into account; and
                  (B) if the space shuttle launch costs taken 
                into account for any single space shuttle 
                launch are less than $380,000,000, then the 
                Administrator shall arrange for a verification, 
                by the General Accounting Office, of the 
                accounting used to determine those costs and 
                shall submit that verification to the Congress 
                within 60 days after the date on which the next 
                budget request is transmitted to the Congress.
    (b) Costs to Which Limitation Applies.--
          (1) Development costs.--The limitation imposed by 
        subsection (a)(1)(A) does not apply to funding for 
        operations, research, or crew return activities 
        subsequent to substantial completion of the 
        International Space Station.
          (2) Launch costs.--The limitation imposed by 
        subsection (a)(1)(B) does not apply--
                  (A) to space shuttle launch costs in 
                connection with operations, research, or crew 
                return activities subsequent to substantial 
                completion of the International Space Station;
                  (B) to space shuttle launch costs in 
                connection with a launch for a mission on which 
                at least 75 percent of the shuttle payload by 
                mass is devoted to research; nor
                  (C) to any additional costs incurred in 
                ensuring or enhancing the safety and 
                reliability of the space shuttle.
          (3) Substantial completion.--For purposes of this 
        subsection, the International Space Station is 
        considered to be substantially completed when the 
        development costs comprise 5 percent or less of the 
        total International Space Station costs for the fiscal 
        year.
    (c) Notice of Changes to Space Station Costs.--The 
Administrator shall provide with each annual budget request a 
written notice and analysis of any changes under subsection (d) 
to the amounts set forth in subsection (a) to the Senate 
Committees on Appropriations and on Commerce, Science, and 
Transportation and to the House of Representatives Committees 
on Appropriations and on Science. In addition, such notice may 
be provided at other times, as deemed necessary by the 
Administrator. The written notice shall include--
          (1) an explanation of the basis for the change, 
        including the costs associated with the change and the 
        expected benefit to the program to be derived from the 
        change;
          (2) an analysis of the impact on the assembly 
        schedule and annual funding estimates of not receiving 
        the requested increases; and
          (3) an explanation of the reasons that such a change 
        was not anticipated in previous program budgets.
    (d) Funding for Contingencies.--
          (1) Notice required.--If funding in excess of the 
        limitation provided for in subsection (a) is required 
        to address the contingencies described in paragraph 
        (2), then the Administrator shall provide the written 
        notice required by subsection (c). In the case of 
        funding described in paragraph (3)(A), such notice 
        shall be required prior to obligating any of the 
        funding. In the case of funding described in paragraph 
        (3)(B), such notice shall be required within 15 days 
        after making a decision to implement a change that 
        increases the space shuttle launch costs in connection 
        with the assembly of the International Space Station.
          (2) Contingencies.--The contingencies referred to in 
        paragraph (1) are the following:
                  (A) The lack of performance or the 
                termination of participation of any of the 
                International countries party to the 
                Intergovernmental Agreement.
                  (B) The loss or failure of a United States-
                provided element during launch or on-orbit.
                  (C) On-orbit assembly problems.
                  (D) New technologies or training to improve 
                safety on the International Space Station.
                  (E) The need to launch a space shuttle to 
                ensure the safety of the crew or to maintain 
                the integrity of the station.
          (3) Amounts.--The total amount obligated by the 
        National Aeronautics and Space Administration to 
        address the contingencies described in paragraph (2) is 
        limited to--
                  (A) $5,000,000,000 for the International 
                Space Station; and
                  (B) $3,540,000,000 for the space shuttle 
                launch costs in connection with the assembly of 
                the International Space Station.
    (e) Reporting and Review.--
          (1) Identification of costs.--
                  (A) Space shuttle.--As part of the overall 
                space shuttle program budget request for each 
                fiscal year, the Administrator shall identify 
                separately--
                          (i) the amounts of the requested 
                        funding that are to be used for 
                        completion of the assembly of the 
                        International Space Station; and
                          (ii) any shuttle research mission 
                        described in subsection (b)(2).
                  (B) International space station.--As part of 
                the overall International Space Station budget 
                request for each fiscal year, the Administrator 
                shall identify the amount to be used for 
                development of the International Space Station.
          (2) Accounting for cost limitations.--As part of the 
        annual budget request to the Congress, the 
        Administrator shall account for the cost limitations 
        imposed by subsection (a).
          (3) Verification of accounting.--The Administrator 
        shall arrange for a verification, by the General 
        Accounting Office, of the accounting submitted to the 
        Congress within 60 days after the date on which the 
        budget request is transmitted to the Congress.
          (4) Inspector general.--Within 60 days after the 
        Administrator provides a notice and analysis to the 
        Congress under subsection (c), the Inspector General of 
        the National Aeronautics and Space Administration shall 
        review the notice and analysis and report the results 
        of the review to the committees to which the notice and 
        analysis were provided.

SEC. 203.\1\ RESEARCH ON INTERNATIONAL SPACE STATION.

    (a) Study.--The Administrator shall enter into a contract 
with the National Research Council and the National Academy of 
Public Administration to jointly conduct a study of the status 
of life and microgravity research as it relates to the 
International Space Station. The study shall include--
          (1) an assessment of the United States scientific 
        community's readiness to use the International Space 
        Station for life and microgravity research;
          (2) an assessment of the current and projected 
        factors limiting the United States scientific 
        community's ability to maximize the research potential 
        of the International Space Station, including, but not 
        limited to, the past and present availability of 
        resources in the life and microgravity research 
        accounts within the Office of Human Spaceflight and the 
        Office of Life and Microgravity Sciences and 
        Applications and the past, present, and projected 
        access to space of the scientific community; and
          (3) recommendations for improving the United States 
        scientific community's ability to maximize the research 
        potential of the International Space Station, including 
        an assessment of the relative costs and benefits of--
                  (A) dedicating an annual mission of the Space 
                Shuttle to life and microgravity research 
                during assembly of the International Space 
                Station; and
                  (B) maintaining the schedule for assembly in 
                place at the time of the enactment.
    (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator shall transmit to the 
Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study conducted under 
this section.

SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM. * 
                    * *

SEC. 205.\1\ SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION 
                    MANAGEMENT.

    (a) Research Utilization and Commercialization Management 
Activities.--The Administrator of the National Aeronautics and 
Space Administration shall enter into an agreement with a non-
government organization to conduct research utilization and 
commercialization management activities of the International 
Space Station subsequent to substantial completion as defined 
in section 202(b)(3). The agreement may not take effect less 
than 120 days after the implementation plan for the agreement 
is submitted to the Congress under subsection (b).
    (b) Implementation Plan.--Not later than September 30, 
2001, the Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science of the House of Representatives an 
implementation plan to incorporate the use of a non-government 
organization for the International Space Station. The 
implementation plan shall include--
          (1) a description of the respective roles and 
        responsibilities of the Administration and the non-
        government organization;
          (2) a proposed structure for the non-government 
        organization;
          (3) a statement of the resources required;
          (4) a schedule for the transition of 
        responsibilities; and
          (5) a statement of the duration of the agreement.
          * * * * * * *
  d. National Aeronautics and Space Administration Authorization Act, 
                            Fiscal Year 1993

    Partial text of Public Law 102-588 [H.R. 6135], 106 Stat. 5107, 
 approved November 4, 1992; as amended by Public Law 105-362 [Federal 
  Reports Elimination Act of 1998; S. 1364], 112 Stat. 3280, approved 
                           November 10, 1998

  AN ACT To authorize appropriations to the National Aeronautics and 
   Space Administration for research and development, space flight, 
 control and data communications, construction of facilities, research 
 and program management, and Inspector General, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1993''.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. FINDINGS.

    Congress finds that--
          (1) investments in research and development are 
        directly linked to long-term productivity and economic 
        growth;
          (2) as a major driver of advanced technology, the 
        space program can play a major role in the Nation's 
        reinvestment in civilian research and development;
          (3) in addition to carrying out the Nation's goals in 
        science and exploration, the space program makes a 
        significant and direct contribution to the national 
        employment base and, through the development of 
        advanced technologies, will contribute to sustaining a 
        healthy employment base and economy in the future;
          (4) the long-term health of the United States space 
        program is critically dependent on maintaining a stable 
        and continuously evolving core program of science, 
        space transportation, space exploration, space 
        technology, and space applications;
          (5) such a core program must be based on a realistic 
        projection of resources that will be available and, in 
        the near term, should not exceed inflationary growth;
          (6) in addition to carrying out a core space program, 
        international leadership, technological advancement, 
        and expanded scientific knowledge will be enhanced by 
        an expanded space program based on special initiatives 
        in science, exploration, space transportation, space 
        technology, and space applications;
          (7) the Nation's space program can provide a 
        productive environment for utilizing the skills of 
        scientists and engineers formerly involved in the 
        Nation's defense sector;
          (8) civil space activities of the United States, 
        whether made possible by, or in response to, Cold War 
        strategic competition with the Soviet Union, must, in 
        an era of declining political conflict, mature as 
        instruments of United States foreign policy, and grow 
        to support the national interest during the post-Cold 
        War era;
          (9) the national interest is furthered by trade and 
        cooperation among friendly nations, and to the extent 
        the former Soviet republics have shown themselves 
        willing and capable of fostering a friendship with the 
        United States, the national interest is furthered 
        through trade and cooperation of mutual advantage 
        between the United States and the former Soviet 
        republics in civil aerospace, space science, and space 
        exploration;
          (10) a vigorous and coordinated effort by the United 
        States and other spacefaring nations is needed to 
        minimize the growth of orbital debris, and space 
        activities should be conducted in a manner that 
        minimizes the likelihood of additional orbital debris 
        creation;
          (11) the aerospace industry, rooted in aeronautics, 
        is a major positive contributor to United States 
        international influence and competitiveness;
          (12) aeronautical research and development sustains 
        our leadership in air transport and military aviation 
        worldwide; and
          (13) the National Aero-Space Plane is a core 
        technology for any national aerospace policy and will 
        permit the United States to maintain a worldwide 
        competitive posture into the future.

SEC. 102. FISCAL YEAR 1993 AUTHORIZATION OF APPROPRIATIONS.

    (a) Research and Development.--There are authorized to be 
appropriated to the National Aeronautics and Space 
Administration to become available October 1, 1992, for 
``Research and Development'' for the following programs:
          (1) Space Station Freedom, $2,100,000,000.
          (2) * * *
          (3) * * *
          (4) Life Sciences, $153,700,000, of which $2,000,000 
        is authorized for cooperative life science activities 
        on the Space Station Mir. None of the funds 
        appropriated pursuant to this Act shall be used for the 
        Search for Extraterrestrial Intelligence (SETI).
          (5)-(18) * * *
    (g) \1\ Earth Observing System.--(1) The Administrator 
shall carry out an Earth Observing System program that 
addresses the highest priority international climate change 
research goals as defined by the Committee on Earth and 
Environmental Sciences and the Intergovernmental Panel on 
Climate Change.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
    (2)(A) Within 180 days after the date of enactment of this 
Act, the Administrator shall submit to Congress a plan which 
will ensure that the highest priority measurements are 
maintained on schedule to the greatest extent practicable while 
lower priority measurements are deferred, deleted, or obtained 
through other means.
    (B) Within 90 days after the date of enactment of this Act, 
the Core System of the Earth Observing System Data and 
Information System, the Administrator shall submit to Congress 
a Development Plan which--
          (i) identifies the highest risk elements of the 
        development effort and the key advanced technologies 
        required to significantly increase scientific 
        productivity;
          (ii) provides a plan for the development of one or 
        more prototype systems for use in reducing the 
        development risk of critical system elements and 
        obtaining feedback for scientific users;
          (iii) provides a plan for research into key advanced 
        technologies;
          (iv) identifies sufficient resources for carrying out 
        the Development Plan; and
          (v) identifies how the Earth Observing System Data 
        Information System will connect to and utilize other 
        federally-supported research networks, including the 
        National Research and Education Network.
          * * * * * * *

                      TITLE II--GENERAL PROVISIONS

          * * * * * * *

SEC. 212.\2\ NATIONAL SPACE COUNCIL AUTHORIZATION.

    There are authorized to be appropriated to carry out the 
activities of the National Space Council established by section 
501 of the National Aeronautics and Space Administration 
Authorization Act, Fiscal Year 1989 (42 U.S.C. 2471), 
$1,598,000 for fiscal year 1993, of which not more than $1,000 
shall be available for official reception and representation 
expenses. The National Space Council shall reimburse other 
agencies for not less than one-half of the personnel 
compensation costs of individuals detailed to it.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 2471 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 215. SPACE AGENCY FORUM ON INTERNATIONAL SPACE YEAR.

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) it is in the national interest that the Space 
        Agency Forum on International Space Year (in this 
        section referred to as ``SAFISY'') maintain its 
        facilitating role in the coordination of current and 
        planned complementary Earth and space science research 
        findings so as to maximize scientific return;
          (2) the initiative for multilateral scientific 
        cooperation among space agencies and international 
        scientific organizations undertaken by SAFISY should 
        continue beyond 1992, the International Space Year; and
          (3) the National Aeronautics and Space Administration 
        and the National Oceanic and Atmospheric Administration 
        should pursue implementation of proposals for long-term 
        multilateral scientific cooperation developed during 
        the International Space Year, notably those contained 
        in the report of the second Pacific ISY Conference.
    (b) Report to Congress.--At the earliest practicable date, 
but not later than September 1, 1993, the National Aeronautics 
and Space Administration shall submit to Congress its plan for 
continuing SAFISY activities, with particular reference to 
planned coordination of current and future complementary Earth 
and space science research findings, and other acts of 
multilateral scientific cooperation.
          * * * * * * *

SEC. 218.\3\ SPACE COOPERATION WITH THE FORMER SOVIET REPUBLICS.

    (a) Report to Congress.--Within one year after the date of 
enactment of this Act, the President shall submit to Congress a 
report describing--
---------------------------------------------------------------------------
    \3\ 15 U.S.C. 5801 note.
---------------------------------------------------------------------------
          (1) the opportunities for increased space related 
        trade with the independent states of the former Soviet 
        Union;
          (2) a technology procurement plan for identifying and 
        evaluating all unique space hardware, space technology, 
        and space services available to the United States from 
        the independent states of the former Soviet Union, 
        specifically including those technologies the National 
        Aeronautics and Space Administration has identified as 
        high priority in its Space Research and Technology 
        Integrated Technology Plan.
          (3) the trade missions carried out pursuant to 
        subsection (c), including the private participation and 
        the results of such missions;
          (4) the offices and accounts of the National 
        Aeronautics and Space Administration to which expenses 
        for either cooperative activities or procurement 
        actions, involving the independent states of the former 
        Soviet Union, are charged;
          (5) any barriers, regulatory or practical, that 
        inhibit space-related trade between the United States 
        and the independent states of the former Soviet Union, 
        including such barriers in either the United States or 
        the independent states; and
          (6) any anticompetitive issues raised by a potential 
        acquisition.
    (b) Notification to Congress.--If any United States 
Government agency denies a request for a license or other 
approval that may be necessary to conduct discussions on space-
related matters with the independent states of the former 
Soviet Union, that agency shall immediately notify the Speaker 
of the House of Representatives and President of the Senate. 
Each such notification shall include a statement of the reasons 
for the denial.
    (c) Role of the Office of Space Commerce.--The Office of 
Space Commerce of the Department of Commerce is authorized and 
encouraged to conduct trade missions to appropriate independent 
states of the former Soviet Union for the purpose of 
familiarizing United States aerospace industry representatives 
with space hardware, space technologies, and space services 
that may be available from the independent states, and with the 
business practices and overall business climate in the 
independent states. The Office of Space Commerce shall also 
advise the Administrator as to the impact on United States 
industry of each potential acquisition of space hardware, space 
technology, or space services from the independent states of 
the former Soviet Union, specifically including any 
anticompetitive issues the Office may observe.
          * * * * * * *

                 TITLE VI--BIOMEDICAL RESEARCH IN SPACE

SEC. 601.\4\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2487.
---------------------------------------------------------------------------
          (1) the space program can make significant 
        contributions to selected areas of health-related 
        research and should be an integral part of the Nation's 
        health research and development program;
          (2) the continuing development of trained scientists 
        and engineers is essential to carrying out an effective 
        and sustained program of biomedical research in space 
        and on the ground;
          (3) the establishment and maintenance of an 
        electronically accessible archive of data on space-
        related biomedical research is essential to advancement 
        of the field;
          (4) cooperation with the republics of the former 
        Soviet Union, including use of former Soviet orbital 
        facilities, offers the potential for greatly enhanced 
        biomedical research activities and progress; and
          (5) the establishment and maintenance of an 
        international telemedicine consultation satellite 
        capability to support emergency medical service 
        provision can provide an important aid to disaster 
        relief efforts.
          * * * * * * *

SEC. 605.\5\ JOINT FORMER SOVIET UNION STUDIES IN BIOMEDICAL RESEARCH. 
                    * * * [REPEALED--1998]
---------------------------------------------------------------------------

    \5\ Sec. 1101(g) of Public Law 105-362 (112 Stat. 3292) repealed 
sec. 605. It previously read as follows:
    ``The Administrator, in consultation with the Director of the 
National Institutes of Health, shall, as soon as practicable, establish 
and submit to Congress a plan for the conduct of joint biomedical 
research activities by the republics of the former Soviet Union and the 
United States, including the use of the United States Space Shuttle and 
former Soviet orbital facilities such as the Mir space station.''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 607.\6\ ESTABLISHMENT OF EMERGENCY MEDICAL SERVICE TELEMEDICINE 
                    CAPABILITY.

    The Administrator shall with the Director of the Federal 
Emergency Management Agency, the Director of the Office of 
Foreign Disaster, and the Surgeon General of the United States 
jointly create and maintain an international telemedicine 
satellite consultation capability to support emergency medical 
services in disaster-stricken areas.
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 2487f.
---------------------------------------------------------------------------

SEC. 608.\7\ AUTHORIZATION OF APPROPRIATIONS.

    The Administrator should ensure that up to $3,750,000 from 
the appropriations authorized for ``Research and Development'' 
for fiscal year 1993 are also used to carry out this title.
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 2487g.
  e. National Aeronautics and Space Administration Authorization Act, 
                            Fiscal Year 1992

    Partial text of Public Law 102-195 [H.R. 1988], 105 Stat. 1605, 
                       approved December 9, 1991

  AN ACT To authorize appropriations to the National Aeronautics and 
   Space Administration for research and development, space flight, 
control, and data communications, construction of facilities, research 
 and program management, and Inspector General, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1992''.

SEC. 2.\1\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
          (1) * * *
          (2) * * *
          (3) development of an adequate data base for life 
        sciences in space will be greatly enhanced through 
        closer scientific cooperation with the Soviet Union, 
        including active use of manned Soviet space stations;
          (4)-(10) * * *

SEC. 3.\1\ POLICY.

    It is the policy of the United States that--
          (1)-(4) * * *
          (5) the National Aeronautics and Space Administration 
        should promote and support efforts to advance 
        scientific understanding by conducting or otherwise 
        providing for research on environmental problems, 
        including global change, ozone depletion, acid 
        precipitation, deforestation, and smog.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR NASA.

    (a) Research and Development.--There is authorized to be 
appropriated to the National Aeronautics and Space 
Administration to become available October 1, 1991, for 
``Research and development'', for the following programs:
          (1) United States International Space Station 
        Freedom, $2,028,900,000 for fiscal year 1992, of which 
        $18,000,000 is authorized for the design and 
        development of an Assured Crew Return Vehicle.
          * * * * * * *

SEC. 10. PEACEFUL USES OF SPACE STATION.

    No civil space station authorized under section 4(a)(1) of 
this Act may be used to carry or place in orbit any nuclear 
weapon or any other weapon of mass destruction, to install any 
such weapon on any celestial body, or to station any such 
weapon in space in any other manner. This civil space station 
may be used only for peaceful purposes.
          * * * * * * *

SEC. 14. NATIONAL SPACE COUNCIL AUTHORIZATION.

    (a) \2\ Authorization of Appropriations.--There are 
authorized to be appropriated to carry out the activities of 
the National Space Council established by section 501 of the 
National Aeronautics and space Administration Authorization 
Act, Fiscal Year 1989 (42 U.S.C. 2471), $1,491,000 for fiscal 
year 1992, of which not more than $1,000 shall be available for 
official reception and representation expenses. The National 
Space council shall reimburse other agencies for not less than 
one-half of the personnel compensation costs of individuals 
detailed to it.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 2471 note.
---------------------------------------------------------------------------
    (b) Landsat Data Continuity.--It is the sense of Congress 
that the National Space Council, in coordination with the 
Committee on Earth and Environmental Sciences, should establish 
policy recommendations for carrying out the President's 
commitment to maintaining the continuity of Landsat data, 
including plans and programs for a successor to Landsat 6, 
organizational options and recommendations for acquiring 
Landsat data for global change research, national security, 
environmental management, and other governmental purposes, and 
options and recommendations for encouraging the use of Landsat 
data by commercial firms and development of the commercial 
market for such data. Such policy recommendations shall be 
transmitted in writing to Congress at the time of submission of 
the President's fiscal year 1993 budget.
          * * * * * * *
  f. National Aeronautics and Space Administration Authorization Act, 
                            Fiscal Year 1991

Partial text of Public Law 101-611 [S. 2287], 104 Stat. 3188, approved 
                           November 16, 1990

  AN ACT To authorize appropriations to the National Aeronautics and 
   Space Administration for research and development, space flight, 
   control and data communications, construction of facilities, and 
        research and program management, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and 
Space Administration Authorization Act, Fiscal Year 1991''.

 TITLE I--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATIONS

SEC. 101.\1\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
          (1) over the next decade, the United States 
        aeronautics and space program will be directed toward 
        major national priorities of understanding, preserving, 
        and enhancing our global environment, hypersonic 
        transportation, human exploration, and emerging 
        technology commercialization;
          (2) * * *
          (3) * * *
          (4) the United States space program is based on a 
        solid record of achievement and continues to promote 
        the objective of international cooperation in the 
        exploration of the planets and the universe;
          (5)-(14) * * *

SEC. 102.\1\ POLICY.

    It is declared to be national policy that the United States 
should--
          (1) * * *
          (2) * * *
          (3) ensure that the long-range environmental impact 
        of all activities carried out under this title are 
        fully understood and considered;
          (4) promote and support efforts to advance scientific 
        understanding by conducting or otherwise providing for 
        research on environmental problems, including global 
        change, ozone depletion, acid precipitation, 
        deforestation, and smog;
          (5)-(11) * * *
          (12) continue to seek opportunities for international 
        cooperation in space and fully support international 
        cooperative agreements;
          (13)-(16) * * *

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorizations.--There are authorized to be 
appropriated to the National Aeronautics and Space 
Administration the following amounts:
          (1) For ``research and development'', for the 
        following programs:
                  (A) United States International Space Station 
                Freedom:
                          (i) Notwithstanding section 
                        201(a)(1)(A) of the National 
                        Aeronautics and Space Administration 
                        Authorization Act, Fiscal Year 1989, 
                        not more than $2,451,000,000 shall be 
                        made available for fiscal year 1991.
                          (ii) Such sums as are necessary from 
                        funds authorized for the United States 
                        International Space Station Freedom 
                        shall be used to initiate a flight test 
                        of the solar dynamic power program. By 
                        May 1, 1991, the Administrator shall 
                        submit to the Committee on Commerce, 
                        Science, and Transportation of the 
                        Senate and the Committee on Science, 
                        Space, and Technology \2\ of the House 
                        of Representatives a report on the 
                        implementation plan for the conduct of 
                        a flight test of the solar dynamic 
                        power program.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Science, Space, and Technology of 
the House of Representatives shall be treated as referring to the 
Committee on Science of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 108.\1\ NATIONAL SPACE COUNCIL AUTHORIZATION.

    (a) There are authorized to be appropriated to carry out 
the activities of the National Space Council established by 
section 501 of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1989 (42 U.S.C. 
2471), $1,363,000 for fiscal year 1991, of which not more than 
$1,000 shall be available for official reception and 
representation expenses. The National Space Council shall 
reimburse other agencies for not less than one-half of the 
personnel compensation costs of individuals detailed to it.
    (b) It is the sense of Congress that the National Space 
Council should, by October 1, 1991, establish guidelines and 
policy recommendations, including the need for licensing, for 
the conduct of expendable launch vehicle operations in which a 
Federal agency assumes substantial responsibility for public 
safety, indemnification, and administrative oversight.
          * * * * * * *

SEC. 112.\3\ SPACE SHUTTLE USE POLICY.

    (a)(1) It shall be the policy of the United States to use 
the Space Shuttle for purposes that (i) require the presence of 
man, (ii) require the unique capabilities of the Space Shuttle 
or (iii) when other compelling circumstances exist.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2465a.
---------------------------------------------------------------------------
    (2) The term ``compelling circumstances'' includes, but is 
not limited to, occasions when the Administrator determines, in 
consultation with the Secretary of Defense and the Secretary of 
State, that important national security or foreign policy 
interests would be served by a Shuttle launch.
    (3) The policy stated in subsection (a)(1) shall not 
preclude the use of available cargo space, on a Space Shuttle 
mission otherwise consistent with the policy described under 
subsection (a)(1), for the purpose of carrying secondary 
payloads (as defined by the Administrator) that do not require 
the presence of man if such payloads are consistent with the 
requirements of research, development, demonstration, 
scientific, commercial, and educational programs authorized by 
the Administrator.
    (b) The Administrator shall, within six months after the 
date of enactment of this Act, submit a report to the Congress 
setting forth a plan for the implementation of the policy 
described in subsection (a)(1). Such plan shall include--
          (1) details of the implementation plan;
          (2) a list of purposes that meet such policy;
          (3) a proposed schedule for the implementation of 
        such policy;
          (4) an estimate of the costs to the United States of 
        implementing such policy; and
          (5) a process for informing the Congress in a timely 
        and regular manner of how the plan is being 
        implemented.
    (c) At least annually, the Administrator shall submit to 
the Congress a report certifying that the payloads scheduled to 
be launched on the space shuttle for the next four years are 
consistent with the policy set forth in subsection (a)(1). For 
each payload scheduled to be launched from the space shuttle, 
which do not require the presence of man, the Administrator 
shall, in the certified report to Congress, state the specific 
circumstances which justified the use of the space shuttle. If, 
during the period between scheduled reports to the Congress, 
any additions are made to the list of certified payloads 
intended to be launched from the Shuttle, the Administrator 
shall inform the Congress of the additions and the reasons 
therefor within 45 days of the change.
    (d) The report described in subsection (c) shall also 
include those National Aeronautics and Space Administration 
payloads designed solely to fly on the space shuttle which have 
begun the phase C/D of its development cycle.
          * * * * * * *

SEC. 114.\1\ STUDY ON INTERNATIONAL COOPERATION IN PLANETARY 
                    EXPLORATION.

    (a) Findings.--The Congress finds that
          (1) the President on July 20, 1989, established the 
        long-range goal of establishing a lunar base, followed 
        by manned exploration of Mars in the early twenty-first 
        century;
          (2) the United States and the Soviet Union, in 
        cooperation with other countries, are currently 
        planning further unmanned missions to the Moon and to 
        Mars with the possible goal of landing a human on Mars;
          (3) a series of international missions to expand 
        human presence beyond Earth orbit would further a 
        spirit of, and follow through on the commitment made 
        in, the 1987 agreement between the Soviet Union and the 
        United States for space cooperation, as well as the 
        successful cooperative agreements the United States has 
        pursued with over one hundred countries since its 
        inception, including the agreement with Japan, Canada, 
        and the European countries for Space Station Freedom;
          (4) international manned missions beyond Earth orbit 
        could further encourage a cooperative approach in world 
        affairs unrelated to activities in space;
          (5) international manned missions beyond Earth orbit 
        could save the individual nations involved tens of 
        billions of dollars over national missions; and
          (6) a multilateral effort for manned missions to 
        establish a lunar colony, a Mars mission, and any other 
        missions that have the goal of establishing human 
        presence beyond Earth's orbit and possibly landing a 
        human on Mars would lead to greater understanding of 
        our universe and greater sensitivity to our own planet.
    (b) Study.--The National Space Council shall conduct a 
study on International Cooperation in Planetary Exploration 
(hereafter in this section referred to as the ``study'').
    (c) Purpose of Study.--The purpose of the study is--
          (1) to develop an inventory of technologies and 
        intentions of all national space agencies with regard 
        to lunar and planetary exploration, both manned and 
        unmanned;
          (2) to seek ways, through direct communication with 
        appropriate officials of other nations or otherwise, to 
        enhance the planning and exchange of information and 
        data among the United States, the Soviet Union, 
        European countries, Canada, Japan, and other interested 
        countries with respect to unmanned projects beyond 
        Earth orbit, in anticipation of later international 
        manned missions to the Moon and to other bodies, 
        including the possible goal of an international manned 
        mission to Mars;
          (3) to prepare a detailed proposal that most 
        efficiently uses the resources of the national space 
        agencies in cooperative endeavors to establish human 
        presence beyond Earth orbit;
          (4) to develop priority goals that accomplish unmet 
        needs that could not be achieved by any individual 
        country;
          (5) to explore the possibilities of international 
        unmanned probes to the Moon and Mars, and the 
        possibilities for international manned missions beyond 
        Earth's orbit; and
          (6) to devise strategies for such cooperation that 
        would prevent the unwanted transfer of technology.
In developing the inventory under paragraph (1), and in 
preparing the detailed proposal under paragraph (3), 
consideration shall be given to the potential contributions of 
commercial providers of space goods and services.
    (d) Report.--The National Space Council shall, within one 
year after the date of the enactment of this Act, prepare and 
submit to Congress a report--
          (1) outlining a preliminary strategy for cooperation 
        among the United States, the Soviet Union, European 
        countries, Canada, Japan, and other interested 
        countries, based on their respective national 
        strengths, with respect to unmanned projects beyond 
        Earth orbit, in anticipation of later international 
        manned missions to the Moon and to other bodies, 
        including the possible goal of an international manned 
        mission to Mars;
          (2) including a conceptual design of a possible 
        international manned mission, in coordination with the 
        preliminary strategy referred to in paragraph (1), with 
        target dates and a breakdown of responsibilities by 
        nation;
          (3) containing an inventory of planned and 
        anticipated missions, manned and unmanned, that are 
        being considered by national space agencies and 
        commercial providers of space goods and services; and
          (4) containing an inventory of space exploration 
        technologies that either--
                  (A) are not immediately available in the 
                United States but are available from other 
                nations; or
                  (B) are available in the United States but 
                are available from other nations in equal or 
                superior form.
          * * * * * * *

SEC. 118. SPACE DEBRIS.

    (a) Findings.--The Congress finds that--
          (1) if space users fail to act soon to reduce their 
        contribution to debris in space, orbital debris could 
        severely restrict the use of some orbits within a 
        decade;
          (2) the lack of adequate data on the orbital 
        distribution and size of debris will continue to hamper 
        efforts to reduce the threat that debris poses to 
        spacecraft; and
          (3) existing international treaties and agreements 
        are inadequate for minimizing the generation of orbital 
        debris or controlling its effects.
    (b) Sense of Congress.--It is the sense of Congress that 
the goal of United States policy should be that--
          (1) the space related activities of the United States 
        should be conducted in a manner that does not increase 
        the amount of orbital space debris; and
          (2) the United States should engage other spacefaring 
        Nations to develop an agreement on the conduct of space 
        activities that ensures that the amount of orbital 
        space debris is not increased.
          * * * * * * *

SEC. 123. PEACEFUL USES OF SPACE STATION.

    No civil space station authorized under section 103(a)(1) 
of this Act may be used to carry or place in orbit any nuclear 
weapon or any other weapon of mass destruction, to install any 
such weapon on any celestial body, or to station any such 
weapon in space in any other manner. This civil space station 
may be used only for peaceful purposes.
          * * * * * * *

SEC. 126. NATIONAL CIVIL REMOTE-SENSING ADVISORY COMMITTEE.

    Not later than 90 days after the date of enactment of this 
Act, the Director of the Office of Science and Technology 
Policy shall report to the Congress on the advisability of 
establishing a permanent National Civil Remote-Sensing Advisory 
Committee. The report should address concerns related to 
national security, conflict of interest, and duplication of 
existing authorities. In preparing the report, the Director 
shall assess the effectiveness of a National Civil Remote-
Sensing Advisory Committee comprised of interested private-
sector persons (including remote-sensing data users, data 
vendors, technology developers, system operators, information 
management and telecommunications specialists, and social 
scientists) which would--
          (1) provide advice and policy recommendations to the 
        President, the President's Science Advisor, the 
        National Aeronautics and Space Administration, the 
        National Oceanic and Atmospheric Administration, and 
        relevant committees of the Congress on the development 
        of a national civil remote-sensing policy that would be 
        responsive to both user needs and global developments, 
        in terms of--
                  (A) coordinating land, oceanic, and 
                atmospheric remote-sensing systems, including 
                ground stations;
                  (B) coordinating research and development, 
                applications, and commercial remote-sensing 
                activities;
                  (C) fostering effective integration of 
                satellite, aerial, and in situ data; and
                  (D) assessing current institutional 
                arrangements for the management, exploitation, 
                and sharing of both real-time and archived 
                data;
          (2) provide recommendations on the conduct of 
        cooperative test and applications demonstration 
        projects designed to manage environmental pollution and 
        the use of natural resources; and
          (3) coordinate with the United States Global Change 
        Research Program on issues of mutual concern.

SEC. 127.\4\ DEFINITION.

    For purposes of this title, the term ``Administrator'' 
means the Administrator of the National Aeronautics and Space 
Administration.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2465a note.
---------------------------------------------------------------------------
          * * * * * * *
  g. National Aeronautics and Space Administration Authorization Act, 
                            Fiscal Year 1989

Partial text of Public Law 100-685 [S. 2209], 102 Stat. 4083, approved 
                           November 17, 1988

  AN ACT To authorize appropriations to the National Aeronautics and 
   Space Administration for research and development, space flight, 
   control and data communications, construction of facilities, and 
        research and program management, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1989''.

  TITLE I--NATIONAL AERONAUTICS AND SPACE CAPITAL DEVELOPMENT PROGRAM

                                findings

    Sec. 101.\1\ Congress finds that--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
    (1) in accordance with section 106 of the National 
Aeronautics and Space Administration Authorization Act of 1988 
(Public Law 100-147), a space station, hereafter referred to as 
the United States International Space Station, shall be 
constructed in order to establish a permanent presence for man 
in space for the following purposes--
          (A) the conduct of scientific experiments, 
        applications experiments, and engineering experiments; 
        * * *
    (2)-(9) * * *
    (10) the United States faces an increasingly successful 
foreign challenge to its traditional preeminent position in 
aeronautics which is rapidly reducing its lead in both civil 
and military aircraft;
    (11) * * *
    (12) the establishment of a permanent presence in space 
leading ultimately to space settlements is fully consistent 
with the goals of the National Aeronautics and Space Act of 
1958;
          * * * * * * *

      TITLE II--FISCAL YEAR 1989 NASA AND MULTIYEAR SPACE STATION 
                             AUTHORIZATION

                             authorization

    Sec. 201. (a) There is hereby authorized to be appropriated 
to the National Aeronautics and Space Administration for fiscal 
year 1989, except as otherwise stated:
          (1) For ``Research and development'' for the 
        following programs:
                  (A) United States International Space 
                Station, $900,000,000 for fiscal year 1989, 
                $2,130,200,000 for fiscal year 1990, and 
                $2,912,500,000 for fiscal year 1991.
          * * * * * * *

                 international space docking capability

    Sec. 210. (a) It is the sense of Congress that the 
Administrator should establish a multilateral working group of 
representatives from the space agencies of appropriate 
spacefaring nations, including the Union of Soviet Socialist 
Republics, and from appropriate international entities, to 
explore the technological and procedural principles that would 
be necessary to achieve an international space docking 
capability, communications, and life support systems, and also 
space rescue missions which could particularly benefit from the 
use of such a capability.
    (b) Within 6 months after the date of the enactment of this 
Act, the Administrator shall advise the Congress on the status 
of establishing an International Space Docking Working Group as 
recommended in subsection (a).
          * * * * * * *

                           space settlements

    Sec. 217. (a) * * *
    (b) In pursuit of the establishment of an International 
Space Year in 1992 pursuant to Public Law 99-170, the United 
States shall exercise leadership and mobilize the international 
community in furtherance of increasing mankind's knowledge and 
exploration of the solar system.
    (c) Once every 2 years after the date of the enactment of 
this Act, the National Aeronautics and Space Administration 
shall submit a report to the President and to the Congress 
which--
          (1)-(6) * * *
          (7) reviews mechanism and institutional options which 
        could foster a broad-based plan for international 
        cooperation in establishing space settlements;
          (8) analyzes the economics of financing space 
        settlements, especially with respect to private sector 
        and international participation;
          * * * * * * *
    Sec. 410. The Secretary, in Consultation with the Secretary 
of State, the Administration of the National Aeronautics and 
Space Administration, and appropriate non-Federal 
organizations, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science, Space, and Technology \2\ of the House of 
Representatives a plan to construct and operate a worldwide 
system of ground-based remote sensors to monitor the 
stratospheric levels of chemicals which can affect the level of 
ozone in the stratosphere and to use these results to improve 
our understanding of the possible changes in stratospheric 
ozone that are the consequence of human activities. The plans 
shall include time lines for construction and operation of the 
system, a description of the roles of the National Oceanic and 
Atmospheric Administration and the National Aeronautics and 
Space Administration, non-Federal organizations, other nations, 
and international organizations in constructing and operating 
the system, and estimates of the costs to construct and operate 
the system. The plan shall be submitted not later than July 1, 
1989.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Science, Space, and Technology of 
the House of Representatives shall be treated as referring to the 
Committee on Science of the House of Representatives.
---------------------------------------------------------------------------
    Sec. 411. It is the sense of the Congress that the global 
change program represents a significant opportunity for 
international cooperation and that it is in the best interest 
of the United States to maintain a separate civilian polar 
meteorological satellite program to facilitate data sharing 
with foreign participants in the global change program.
          * * * * * * *

                    TITLE V--NATIONAL SPACE COUNCIL

                         national space council

    Sec. 501.\3\ (a) Effective February 1, 1989, there is 
established in the Executive Office of the President the 
National Space Council, which shall be chaired by the Vice 
President.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2471. See also National Space Council Authorization 
Act of 1990, and National Space Council as established by Executive 
Order 12675.
---------------------------------------------------------------------------
    (b) By March 1, 1989, the President shall submit to the 
Congress a report that outlines the composition and functions 
of the National Space Council.
    (c) The Council may employ a staff of not more than seven 
persons, which is to be headed by a civilian executive 
secretary, who shall be appointed by the President.
          * * * * * * *
 h. National Aeronautics and Space Administration Authorization Act of 
                                  1988

Partial text of Public Law 100-147 [H.R. 2782], 101 Stat. 860, approved 
                            October 30, 1987

  AN ACT To authorize appropriations to the National Aeronautics and 
   Space Administration for research and development; space flight, 
   control and data communications; construction of facilities; and 
        research and program management; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``National Aeronautics and Space 
Administration Authorization Act of 1988''.
          * * * * * * *
    Sec. 106. (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2451 note.
---------------------------------------------------------------------------
    (b) * * *
    (c) * * *
    (d) * * *
    (e) The Administrator shall promote international 
cooperation in the space station program by undertaking the 
development, construction, and operation of the space station 
in conjunction with (but not limited to) the Governments of 
Europe, Japan, and Canada.
          * * * * * * *
    Sec. 112.\1\ The Intergovernmental Agreement currently 
being negotiated between the United States Government and 
Canada, Japan, and member governments of the European Space 
Agency, and the Memorandum of Understanding currently being 
negotiated between the National Aeronautics and Space 
Administration and its counterpart agencies in Canada, Japan, 
and Europe concerning the detailed design, development, 
construction, operation, or utilization of the space station 
shall be submitted to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology \2\ of the House of Representatives. No 
such agreement shall take effect until 30 days have passed 
after the receipt by such committees of the agreement.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Science, Space, and Technology of 
the House of Representatives shall be treated as referring to the 
Committee on Science of the House of Representatives.
                    i. Commercial Space Act of 1998

    Partial text of Public Law 105-303 [H.R. 1702], 112 Stat. 2843, 
 approved October 28, 1998; as amended by Public Law 106-65 [National 
  Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 
                     512, approved October 5, 1999

 AN ACT To encourage the development of a commercial space industry in 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 14701 note.
---------------------------------------------------------------------------
    (a) Short Title.--This Act may be cited as the ``Commercial 
Space Act of 1998''.
    (b) Table of Contents.-- * * *

SEC. 2.\2\ DEFINITIONS.

    For purposes of this Act--
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 14701.
---------------------------------------------------------------------------
          (1) the term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration;
          (2) the term ``commercial provider'' means any person 
        providing space transportation services or other space-
        related activities, primary control of which is held by 
        persons other than Federal, State, local, and foreign 
        governments;
          (3) the term ``payload'' means anything that a person 
        undertakes to transport to, from, or within outer 
        space, or in suborbital trajectory, by means of a space 
        transportation vehicle, but does not include the space 
        transportation vehicle itself except for its components 
        which are specifically designed or adapted for that 
        payload;
          (4) the term ``space-related activities'' includes 
        research and development, manufacturing, processing, 
        service, and other associated and support activities;
          (5) the term ``space transportation services'' means 
        the preparation of a space transportation vehicle and 
        its payloads for transportation to, from, or within 
        outer space, or in suborbital trajectory, and the 
        conduct of transporting a payload to, from, or within 
        outer space, or in suborbital trajectory;
          (6) the term ``space transportation vehicle'' means 
        any vehicle constructed for the purpose of operating 
        in, or transporting a payload to, from, or within, 
        outer space, or in suborbital trajectory, and includes 
        any component of such vehicle not specifically designed 
        or adapted for a payload;
          (7) the term ``State'' means each of the several 
        States of the Union, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other commonwealth, territory, 
        or possession of the United States; and
          (8) the term ``United States commercial provider'' 
        means a commercial provider, organized under the laws 
        of the United States or of a State, which is--
                  (A) more than 50 percent owned by United 
                States nationals; or
                  (B) a subsidiary of a foreign company and the 
                Secretary of Transportation finds that--
                          (i) such subsidiary has in the past 
                        evidenced a substantial commitment to 
                        the United States market through--
                                  (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of 
                                major components and 
                                subassemblies); and
                                  (II) significant 
                                contributions to employment in 
                                the United States; and
                          (ii) the country or countries in 
                        which such foreign company is 
                        incorporated or organized, and, if 
                        appropriate, in which it principally 
                        conducts its business, affords 
                        reciprocal treatment to companies 
                        described in subparagraph (A) 
                        comparable to that afforded to such 
                        foreign company's subsidiary in the 
                        United States, as evidenced by--
                                  (I) providing comparable 
                                opportunities for companies 
                                described in subparagraph (A) 
                                to participate in Government 
                                sponsored research and 
                                development similar to that 
                                authorized under this Act;
                                  (II) providing no barriers, 
                                to companies described in 
                                subparagraph (A) with respect 
                                to local investment 
                                opportunities, that are not 
                                provided to foreign companies 
                                in the United States; and
                                  (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in 
                                subparagraph (A).

          TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

SEC. 101.\3\ COMMERCIALIZATION OF SPACE STATION.

    (a) Policy.--The Congress declares that a priority goal of 
constructing the International Space Station is the economic 
development of Earth orbital space. The Congress further 
declares that free and competitive markets create the most 
efficient conditions for promoting economic development, and 
should therefore govern the economic development of Earth 
orbital space. The Congress further declares that the use of 
free market principles in operating, servicing, allocating the 
use of, and adding capabilities to the Space Station, and the 
resulting fullest possible engagement of commercial providers 
and participation of commercial users, will reduce Space 
Station operational costs for all partners and the Federal 
Government's share of the United States burden to fund 
operations.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 14711.
---------------------------------------------------------------------------
    (b) Reports.--(1) The Administrator shall deliver to the 
Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate, within 90 days after the date of the enactment of this 
Act, a study that identifies and examines--
          (A) the opportunities for commercial providers to 
        play a role in International Space Station activities, 
        including operation, use, servicing, and augmentation;
          (B) the potential cost savings to be derived from 
        commercial providers playing a role in each of these 
        activities;
          (C) which of the opportunities described in 
        subparagraph (A) the Administrator plans to make 
        available to commercial providers in fiscal years 1999 
        and 2000;
          (D) the specific policies and initiatives the 
        Administrator is advancing to encourage and facilitate 
        these commercial opportunities; and
          (E) the revenues and cost reimbursements to the 
        Federal Government from commercial users of the Space 
        Station.
    (2) The Administrator shall deliver to the Committee on 
Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, within 180 
days after the date of the enactment of this Act, an 
independently conducted market study that examines and 
evaluates potential industry interest in providing commercial 
goods and services for the operation, servicing, and 
augmentation of the International Space Station, and in the 
commercial use of the International Space Station. This study 
shall also include updates to the cost savings and revenue 
estimates made in the study described in paragraph (1) based on 
the external market assessment.
    (3) The Administrator shall deliver to the Congress, no 
later than the submission of the President's annual budget 
request for fiscal year 2000, a report detailing how many 
proposals (whether solicited or not) the National Aeronautics 
and Space Administration received during calendar years 1997 
and 1998 regarding commercial operation, servicing, 
utilization, or augmentation of the International Space 
Station, broken down by each of these four categories, and 
specifying how many agreements the National Aeronautics and 
Space Administration has entered into in response to these 
proposals, also broken down by these four categories.
    (4) Each of the studies and reports required by paragraphs 
(1), (2), and (3) shall include consideration of the potential 
role of State governments as brokers in promoting commercial 
participation in the International Space Station program.

SEC. 102.\4\ COMMERCIAL SPACE LAUNCH AMENDMENTS.
---------------------------------------------------------------------------

    \4\ Sec. 102 amends chapter 701 of 49 U.S.C.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 103.\5\ LAUNCH VOUCHER DEMONSTRATION PROGRAM.
---------------------------------------------------------------------------

    \5\ Sec. 103 amends sec. 504 of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1993 (Public Law 102-588; 
106 Stat. 5107).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 104.\6\ PROMOTION OF UNITED STATES GLOBAL POSITIONING SYSTEM 
                    STANDARDS.

    (a) Finding.--The Congress finds that the Global 
Positioning System, including satellites, signal equipment, 
ground stations, data links, and associated command and control 
facilities, has become an essential element in civil, 
scientific, and military space development because of the 
emergence of a United States commercial industry which provides 
Global Positioning System equipment and related services.
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 14712.
---------------------------------------------------------------------------
    (b) International Cooperation.--In order to support and 
sustain the Global Positioning System in a manner that will 
most effectively contribute to the national security, public 
safety, scientific, and economic interests of the United 
States, the Congress encourages the President to--
          (1) ensure the operation of the Global Positioning 
        System on a continuous worldwide basis free of direct 
        user fees;
          (2) enter into international agreements that promote 
        cooperation with foreign governments and international 
        organizations to--
                  (A) establish the Global Positioning System 
                and its augmentations as an acceptable 
                international standard; and
                  (B) eliminate any foreign barriers to 
                applications of the Global Positioning System 
                worldwide; and
          (3) provide clear direction and adequate resources to 
        the Assistant Secretary of Commerce for Communications 
        and Information so that on an international basis the 
        Assistant Secretary can--
                  (A) achieve and sustain efficient management 
                of the electromagnetic spectrum used by the 
                Global Positioning System; and
                  (B) protect that spectrum from disruption and 
                interference.

SEC. 105.\7\ ACQUISITION OF SPACE SCIENCE DATA.

    (a) Acquisition From Commercial Providers.--The 
Administrator shall, to the extent possible and while 
satisfying the scientific or educational requirements of the 
National Aeronautics and Space Administration, and where 
appropriate, of other Federal agencies and scientific 
researchers, acquire, where cost effective, space science data 
from a commercial provider.
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 14713.
---------------------------------------------------------------------------
    (b) Treatment of Space Science Data as Commercial Item 
Under Acquisition Laws.--Acquisitions of space science data by 
the Administrator shall be carried out in accordance with 
applicable acquisition laws and regulations (including chapters 
137 and 140 of title 10, United States Code). For purposes of 
such law and regulations, space science data shall be 
considered to be a commercial item. Nothing in this subsection 
shall be construed to preclude the United States from 
acquiring, through contracts with commercial providers, 
sufficient rights in data to meet the needs of the scientific 
and educational community or the needs of other government 
activities.
    (c) Definition.--For purposes of this section, the term 
``space science data'' includes scientific data concerning--
          (1) the elemental and mineralogical resources of the 
        moon, asteroids, planets and their moons, and comets;
          (2) microgravity acceleration; and
          (3) solar storm monitoring.
    (d) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.
    (e) Limitation.--This section does not authorize the 
National Aeronautics and Space Administration to provide 
financial assistance for the development of commercial systems 
for the collection of space science data.

SEC. 106.\8\ ADMINISTRATION OF COMMERCIAL SPACE CENTERS.

    The Administrator shall administer the Commercial Space 
Center program in a coordinated manner from National 
Aeronautics and Space Administration headquarters in 
Washington, D.C.
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 14714.
---------------------------------------------------------------------------

SEC. 107.\9\ SOURCES OF EARTH SCIENCE DATA.

    (a) Acquisition.--The Administrator shall, to the extent 
possible and while satisfying the scientific or educational 
requirements of the National Aeronautics and Space 
Administration, and where appropriate, of other Federal 
agencies and scientific researchers, acquire, where cost- 
effective, space-based and airborne Earth remote sensing data, 
services, distribution, and applications from a commercial 
provider.
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 14715.
---------------------------------------------------------------------------
    (b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, 
distribution, and applications referred to in subsection (a) 
shall be carried out in accordance with applicable acquisition 
laws and regulations (including chapters 137 and 140 of title 
10, United States Code). For purposes of such law and 
regulations, such data, services, distribution, and 
applications shall be considered to be a commercial item. 
Nothing in this subsection shall be construed to preclude the 
United States from acquiring, through contracts with commercial 
providers, sufficient rights in data to meet the needs of the 
scientific and educational community or the needs of other 
government activities.
    (c) Study.--(1) The Administrator shall conduct a study to 
determine the extent to which the baseline scientific 
requirements of Earth Science can be met by commercial 
providers, and how the National Aeronautics and Space 
Administration will meet such requirements which cannot be met 
by commercial providers.
    (2) The study conducted under this subsection shall--
          (A) make recommendations to promote the availability 
        of information from the National Aeronautics and Space 
        Administration to commercial providers to enable 
        commercial providers to better meet the baseline 
        scientific requirements of Earth Science;
          (B) make recommendations to promote the dissemination 
        to commercial providers of information on advanced 
        technology research and development performed by or for 
        the National Aeronautics and Space Administration; and
          (C) identify policy, regulatory, and legislative 
        barriers to the implementation of the recommendations 
        made under this subsection.
    (3) The results of the study conducted under this 
subsection shall be transmitted to the Congress within 6 months 
after the date of the enactment of this Act.
    (d) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.
    (e) Administration and Execution.--This section shall be 
carried out as part of the Commercial Remote Sensing Program at 
the Stennis Space Center.
    (f) \10\ Remote Sensing.-- * * *
---------------------------------------------------------------------------
    \10\ Subsec. (f) amends the Land Remote Sensing Policy Act of 1992 
(Public Law 102-555; 106 Stat. 4171).
---------------------------------------------------------------------------

     TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

SEC. 201.\11\ REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION 
                    SERVICES.

    (a) In General.--Except as otherwise provided in this 
section, the Federal Government shall acquire space 
transportation services from United States commercial providers 
whenever such services are required in the course of its 
activities. To the maximum extent practicable, the Federal 
Government shall plan missions to accommodate the space 
transportation services capabilities of United States 
commercial providers.
---------------------------------------------------------------------------
    \11\ 42 U.S.C. 14731.
---------------------------------------------------------------------------
    (b) Exceptions.--The Federal Government shall not be 
required to acquire space transportation services under 
subsection (a) if, on a case-by-case basis, the Administrator 
or, in the case of a national security issue, the Secretary of 
the Air Force, determines that--
          (1) a payload requires the unique capabilities of the 
        Space Shuttle;
          (2) cost effective space transportation services that 
        meet specific mission requirements would not be 
        reasonably available from United States commercial 
        providers when required;
          (3) the use of space transportation services from 
        United States commercial providers poses an 
        unacceptable risk of loss of a unique scientific 
        opportunity;
          (4) the use of space transportation services from 
        United States commercial providers is inconsistent with 
        national security objectives;
          (5) the use of space transportation services from 
        United States commercial providers is inconsistent with 
        international agreements for international 
        collaborative efforts relating to science and 
        technology;
          (6) it is more cost effective to transport a payload 
        in conjunction with a test or demonstration of a space 
        transportation vehicle owned by the Federal Government; 
        or
          (7) a payload can make use of the available cargo 
        space on a Space Shuttle mission as a secondary 
        payload, and such payload is consistent with the 
        requirements of research, development, demonstration, 
        scientific, commercial, and educational programs 
        authorized by the Administrator.
Nothing in this section shall prevent the Administrator from 
planning or negotiating agreements with foreign entities for 
the launch of Federal Government payloads for international 
collaborative efforts relating to science and technology.
    (c) Delayed Effect.--Subsection (a) shall not apply to 
space transportation services and space transportation vehicles 
acquired or owned by the Federal Government before the date of 
the enactment of this Act, or with respect to which a contract 
for such acquisition or ownership has been entered into before 
such date.
    (d) Historical Purposes.--This section shall not be 
construed to prohibit the Federal Government from acquiring, 
owning, or maintaining space transportation vehicles solely for 
historical display purposes.

SEC. 202.\12\ ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES.

    (a) Treatment of Commercial Space Transportation Services 
as Commercial Item Under Acquisition Laws.--Acquisitions of 
space transportation services by the Federal Government shall 
be carried out in accordance with applicable acquisition laws 
and regulations (including chapters 137 and 140 of title 10, 
United States Code). For purposes of such law and regulations, 
space transportation services shall be considered to be a 
commercial item.
---------------------------------------------------------------------------
    \12\ 42 U.S.C. 14732.
---------------------------------------------------------------------------
    (b) Safety Standards.--Nothing in this section shall be 
construed to prohibit the Federal Government from requiring 
compliance with applicable safety standards.

SEC. 203.\13\ LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS. * * *
---------------------------------------------------------------------------

    \13\ Sec. 203 amends the Launch Services Purchase Act of 1990 
(Public Law 101-611; 104 Stat. 3405).
---------------------------------------------------------------------------

SEC. 204.\14\ SHUTTLE PRIVATIZATION.

    (a) Policy and Preparation.--The Administrator shall 
prepare for an orderly transition from the Federal operation, 
or Federal management of contracted operation, of space 
transportation systems to the Federal purchase of commercial 
space transportation services for all nonemergency space 
transportation requirements for transportation to and from 
Earth orbit, including human, cargo, and mixed payloads. In 
those preparations, the Administrator shall take into account 
the need for short-term economies, as well as the goal of 
restoring the National Aeronautics and Space Administration's 
research focus and its mandate to promote the fullest possible 
commercial use of space. As part of those preparations, the 
Administrator shall plan for the potential privatization of the 
Space Shuttle program. Such plan shall keep safety and cost 
effectiveness as high priorities. Nothing in this section shall 
prohibit the National Aeronautics and Space Administration from 
studying, designing, developing, or funding upgrades or 
modifications essential to the safe and economical operation of 
the Space Shuttle fleet.
---------------------------------------------------------------------------
    \14\ 42 U.S.C. 14733.
---------------------------------------------------------------------------
    (b) Feasibility Study.--The Administrator shall conduct a 
study of the feasibility of implementing the recommendation of 
the Independent Shuttle Management Review Team that the 
National Aeronautics and Space Administration transition toward 
the privatization of the Space Shuttle. The study shall 
identify, discuss, and, where possible, present options for 
resolving, the major policy and legal issues that must be 
addressed before the Space Shuttle is privatized, including--
          (1) whether the Federal Government or the Space 
        Shuttle contractor should own the Space Shuttle 
        orbiters and ground facilities;
          (2) whether the Federal Government should indemnify 
        the contractor for any third party liability arising 
        from Space Shuttle operations, and, if so, under what 
        terms and conditions;
          (3) whether payloads other than National Aeronautics 
        and Space Administration payloads should be allowed to 
        be launched on the Space Shuttle, how missions will be 
        prioritized, and who will decide which mission flies 
        and when;
          (4) whether commercial payloads should be allowed to 
        be launched on the Space Shuttle and whether any 
        classes of payloads should be made ineligible for 
        launch consideration;
          (5) whether National Aeronautics and Space 
        Administration and other Federal Government payloads 
        should have priority over non-Federal payloads in the 
        Space Shuttle launch assignments, and what policies 
        should be developed to prioritize among payloads 
        generally;
          (6) whether the public interest requires that certain 
        Space Shuttle functions continue to be performed by the 
        Federal Government; and
          (7) how much cost savings, if any, will be generated 
        by privatization of the Space Shuttle.
    (c) Report to Congress.--Within 60 days after the date of 
the enactment of this Act, the National Aeronautics and Space 
Administration shall complete the study required under 
subsection (b) and shall submit a report on the study to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of 
Representatives.

SEC. 205.\15\ USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.

    (a) In general.--The Federal Government shall not--
---------------------------------------------------------------------------
    \15\ 42 U.S.C. 14734.
---------------------------------------------------------------------------
          (1) convert any missile described in subsection (c) 
        to a space transportation vehicle configuration; or
          (2) transfer ownership of any such missile to another 
        person, except as provided in subsection (b).
    (b) Authorized Federal Uses.--(1) A missile described in 
subsection (c) may be converted for use as a space 
transportation vehicle by the Federal Government if, except as 
provided in paragraph (2) and at least 30 days before such 
conversion, the agency seeking to use the missile as a space 
transportation vehicle transmits to the Committee on Armed 
Services \16\ and the Committee on Science of the House of 
Representatives, and to the Committee on Armed Services and the 
Committee on Commerce, Science, and Transportation of the 
Senate, a certification that the use of such missile--
---------------------------------------------------------------------------
    \16\ Sec. 1067(21) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 775) struck out 
``transmits to the Committee on National Security'' and inserted in 
lieu thereof ``transmits to the Committee on Armed Services''.
---------------------------------------------------------------------------
          (A) would result in cost savings to the Federal 
        Government when compared to the cost of acquiring space 
        transportation services from United States commercial 
        providers;
          (B) meets all mission requirements of the agency, 
        including performance, schedule, and risk requirements;
          (C) is consistent with international obligations of 
        the United States; and
          (D) is approved by the Secretary of Defense or his 
        designee.
    (2) The requirement under paragraph (1) that the 
certification described in that paragraph must be transmitted 
at least 30 days before conversion of the missile shall not 
apply if the Secretary of Defense determines that compliance 
with that requirement would be inconsistent with meeting 
immediate national security requirements.
    (c) Missiles Referred to.--The missiles referred to in this 
section are missiles owned by the United States that--
          (1) were formerly used by the Department of Defense 
        for national defense purposes as intercontinental 
        ballistic missiles; and
          (2) have been declared excess to United States 
        national defense needs and are in compliance with 
        international obligations of the United States.

SEC. 206.\17\ NATIONAL LAUNCH CAPABILITY STUDY.

    (a) Findings.--Congress finds that a robust satellite and 
launch industry in the United States serves the interest of the 
United States by--
---------------------------------------------------------------------------
    \17\ 42 U.S.C. 14735.
---------------------------------------------------------------------------
          (1) contributing to the economy of the United States;
          (2) strengthening employment, technological, and 
        scientific interests of the United States; and
          (3) serving the foreign policy and national security 
        interests of the United States.
    (b) Definitions.--In this section:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Defense.
          (2) Total potential national mission model.--The term 
        ``total potential national mission model'' means a 
        model that--
                  (A) is determined by the Secretary, in 
                consultation with the Administrator, to assess 
                the total potential space missions to be 
                conducted in the United States during a 
                specified period of time; and
                  (B) includes all launches in the United 
                States (including launches conducted on or off 
                a Federal range).
    (c) Report.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall, in 
        consultation with the Administrator and appropriate 
        representatives of the satellite and launch industry 
        and the governments of States and political 
        subdivisions thereof--
                  (A) prepare a report that meets the 
                requirements of this subsection; and
                  (B) submit that report to the Committee on 
                Commerce, Science, and Transportation of the 
                Senate and the Committee on Science of the 
                House of Representatives.
          (2) Requirements for report.--The report prepared 
        under this subsection shall--
                  (A) identify the total potential national 
                mission model for the period beginning on the 
                date of the report and ending on December 31, 
                2007;
                  (B) identify the resources that are necessary 
                or available to carry out the total potential 
                national mission model described in 
                subparagraph (A), including--
                          (i) launch property and services of 
                        the Department of Defense, the National 
                        Aeronautics and Space Administration, 
                        and non-Federal facilities; and
                          (ii) the ability to support 
                        commercial launch-on-demand on short 
                        notification, taking into account 
                        Federal requirements, at launch sites 
                        or test ranges in the United States;
                  (C) identify each deficiency in the resources 
                referred to in subparagraph (B); and
                  (D) with respect to the deficiencies 
                identified under subparagraph (C), include 
                estimates of the level of funding necessary to 
                address those deficiencies for the period 
                described in subparagraph (A).
    (d) Recommendations.--Based on the reports under subsection 
(c), the Secretary, after consultation with the Secretary of 
Transportation, the Secretary of Commerce, and representatives 
from interested private sector entities, States, and local 
governments, shall--
          (1) identify opportunities for investment by non-
        Federal entities (including States and political 
        subdivisions thereof and private sector entities) to 
        assist the Federal Government in providing launch 
        capabilities for the commercial space industry in the 
        United States;
          (2) identify one or more methods by which, if 
        sufficient resources referred to in subsection 
        (c)(2)(D) are not available to the Department of 
        Defense and the National Aeronautics and Space 
        Administration, the control of the launch property and 
        launch services of the Department of Defense and the 
        National Aeronautics and Space Administration may be 
        transferred from the Department of Defense and the 
        National Aeronautics and Space Administration to--
                  (A) one or more other Federal agencies;
                  (B) one or more States (or subdivisions 
                thereof);
                  (C) one or more private sector entities; or
                  (D) any combination of the entities described 
                in subparagraphs (A) through (C); and
          (3) identify the technical, structural, and legal 
        impediments associated with making launch sites or test 
        ranges in the United States viable and competitive.
               j. Cooperative East-West Ventures in Space

Public Law 98-562 [S.J. Res. 236], 98 Stat. 2914, approved October 30, 
                                  1984

 JOINT RESOLUTION Relating to cooperative East-West ventures in space.

Whereas the United States and the Soviet Union could soon find 
    themselves in an arms race in space, which is in the 
    interest of no one;
Whereas the prospect of an arms race in space between the 
    United States and the Soviet Union has aroused worldwide 
    concern expressed publicly by the governments of many 
    countries;
Whereas the 1972-1975 Apollo-Soyuz project involving the United 
    States and the Soviet Union and culminating with a joint 
    docking in space was successful, thus proving the 
    practicability of a joint space effort;
Whereas shortly after the completion of the Apollo-Soyuz 
    project, and intended as a followup to it, the United 
    States and the Soviet Union signed an agreement to examine 
    the feasibility of a Shuttle-Salyut program and an 
    international space platform program, but that initiative 
    was allowed to lapse;
Whereas the United States signed a five-year space cooperation 
    agreement with the Soviet Union in 1972, renewed it in 
    1977, then chose not to renew it in 1982;
Whereas the United States recently proposed to the Soviet Union 
    that the two Nations conduct a joint simulated space rescue 
    mission;
Whereas the Soviet Union has not yet responded to the substance 
    of this proposal; and
Whereas the opportunities offered by space for prodigious 
    achievements in virtually every field of human endeavor, 
    leading ultimately to the colonization of space in the 
    cause of advancing human civilization, would probably be 
    lost irretrievably were space to be made into yet another 
    East-West battleground: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President should--
          (1) endeavor, at the earliest practicable date, to 
        renew the 1972-1977 agreement between the United States 
        and the Soviet Union on space cooperation for peaceful 
        purposes;
          (2) continue energetically to gain Soviet agreement 
        to the recent United States proposal for a joint 
        simulated space rescue mission;
          (3) seek to initiate talks with the Government of the 
        Soviet Union, and with other governments interested for 
        cooperative East-West ventures in space including 
        cooperative ventures in such areas as space medicine 
        and space biology, planetary science, manned and 
        unmanned space exploration.
          k. National Space Council Authorization Act of 1990

 Partial text of Public Law 101-328 [S. 2124], 104 Stat. 308, approved 
                              July 8, 1990

AN ACT To authorize appropriations for the National Space Council, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the National Space 
Council Authorization Act of 1990.

                     authorization of appropriation

    Sec. 2.\1\ There are authorized to be appropriated to carry 
out the activities of the National Space Council established by 
section 501 of the National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1989 (42 U.S.C. 
2471), $1,200,000 for fiscal year 1990. The National Space 
Council shall reimburse other agencies for not less than one-
half of the personnel compensation costs of individuals 
detailed to it.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2471 note.
---------------------------------------------------------------------------
          * * * * * * *

                       review of launch industry

    Sec. 5. (a) The National Space Council is requested to 
initiate a review of United States launch policy, including the 
Nation's expendable launch vehicle and satellite industries, 
their current and projected markets, the existing and projected 
level of foreign competition in these industries, the extent 
and level of support form foreign governments in these markets 
and industries, the consequences of the entry of nonmarket 
providers of launch services and satellites into the world 
market, restrictions on the use of foreign launch services and 
the export of United States satellites, and the importance of 
the United States launch vehicle and satellite industry to the 
national and economic security.
    (b) The findings of this review and any policy 
recommendations are to be submitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology \2\ of the House of 
Representatives by August 1, 1990.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Science, Space, and Technology of 
the House of Representatives shall be treated as referring to the 
Committee on Science of the House of Representatives.
---------------------------------------------------------------------------

                             effective date

    Sec. 6.\3\ The provisions of this Act are effective as of 
October 1, 1989.
---------------------------------------------------------------------------
    \3\ 5 U.S.C. 5314 note.
          l. FREEDOM Support Act--Space Trade and Cooperation

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
                            October 24, 1992

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5801 note. For full text of Public Law 102-511, see 
Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *

                 TITLE VI--SPACE TRADE AND COOPERATION

SEC. 601.\2\ FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF 
                    SPACE HARDWARE, TECHNOLOGY, AND SERVICES FROM THE 
                    FORMER SOVIET UNION.

    (a) Expedited Review.--Any request for a license or other 
approval described in subsection (c) that is submitted to any 
United States Government agency by the National Aeronautics and 
Space Administration, any of its contractors, or any other 
person shall be considered on an expedited basis by that agency 
and any other agency involved in an applicable interagency 
review process.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5871.
---------------------------------------------------------------------------
    (b) Notice to Congress if License Denied.--If any United 
States Government agency denies a request for a license or 
other approval described in subsection (c), that agency shall 
immediately notify the designated congressional committees. 
Each such notification shall include a statement of the reasons 
for the denial.
    (c) Description of Discussions.--This section applies to a 
request for any license or other approval that may be necessary 
to conduct discussions with an independent state of the former 
Soviet Union with respect to the possible acquisition of any 
space hardware, space technology, or space service for 
integration into--
          (1) United States space projects that have been 
        approved by the Congress, or
          (2) commercial space ventures,
including discussions relating to technical evaluation of such 
hardware, technology, or service.

SEC. 602.\3\ OFFICE OF SPACE COMMERCE.

    (a) Trade Missions.--The Office of Space Commerce of the 
Department of Commerce is authorized and encouraged to conduct 
one or more trade missions to appropriate independent states of 
the former Soviet Union for the purpose of familiarizing United 
States aerospace industry representatives with space hardware, 
space technologies, and space services that may be available 
from the independent states, and with the business practices 
and overall business climate in the independent states.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5872.
---------------------------------------------------------------------------
    (b) Monitoring Negotiations.--The Office of Space 
Commerce--
          (1) shall monitor the progress of any discussions 
        described in section 601(c)(1) that are being 
        conducted; and
          (2) shall advise the Administrator of the National 
        Aeronautics and Space Administration as to the impact 
        on United States industry of each potential acquisition 
        of space hardware, space technology, or space services 
        from the independent states of the former Soviet Union, 
        specifically including any anticompetitive issues the 
        Office may observe.

SEC. 603.\4\ REPORT TO CONGRESS.

    Within one year after the date of enactment of this title, 
the President shall submit to the designated congressional 
committees a report describing--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5873.
---------------------------------------------------------------------------
          (1) the opportunities for increased space-related 
        trade with the independent states of the former Soviet 
        Union;
          (2) a technology procurement plan for identifying and 
        evaluating all unique space hardware, space technology, 
        and space services available to the United States from 
        the independent states;
          (3) specific space hardware, space technology, and 
        space services that have been, or could be, the subject 
        of discussions described in section 601(c);
          (4) the trade missions carried out pursuant to 
        section 602(a), including the private participation in 
        and the results of such missions;
          (5) any barriers, regulatory or practical, that 
        inhibit space-related trade between the United States 
        and independent states, including any such barriers in 
        either the United States or the independent states; and
          (6) any anticompetitive issues raised during the 
        course of negotiations, as observed pursuant to section 
        602(b).

SEC. 604.\5\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5874.
---------------------------------------------------------------------------
          (1) the term ``contractor'' means a National 
        Aeronautics and Space Administration contractor to the 
        extent that the acquisition of space hardware, space 
        technology, or space services from the independent 
        states of the former Soviet Union may be relevant to 
        the contractor's responsibilities under the contract; 
        and
          (2) the term ``designated congressional committees'' 
        means the Committee on Science, Space, and Technology 
        and the Committee on Foreign Affairs of the House of 
        Representatives \6\ and the Committee on Commerce, 
        Science, and Transportation and the Committee on 
        Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(10) 
of that Act (109 Stat. 187) provided that references to the Committee 
on Science, Space, and Technology of the House of Representatives shall 
be treated as referring to the Committee on Science of the House of 
Representatives.
---------------------------------------------------------------------------
          * * * * * * *
                       m. National Space Council

 Executive Order 12675, April 20, 1989, 54 F.R. 17691, 42 U.S.C. 2451 
  note; as amended by Executive Order 12712, April 26, 1990, 55 F.R. 
  18095; and Executive Order 12869, September 30, 1993, 58 F.R. 51751

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, and in 
order to provide a coordinated process for developing a 
national space policy and strategy and for monitoring its 
implementation, it is hereby ordered as follows:
    Section 1. Establishment and Composition of the National 
Space Council.
    (a) There is established the National Space Council (``the 
Council'').
    (b) The Council shall be composed of the following members:
          (1) The Vice President, who shall be Chairman of the 
        Council;
          (2) The Secretary of State;
          (3) The Secretary of the Treasury;
          (4) The Secretary of Defense;
          (5) The Secretary of Commerce;
          (6) The Secretary of Transportation;
          (7) \1\ The Secretary of Energy;
---------------------------------------------------------------------------
    \1\ Executive Order 12712 (April 26, 1990; 55 F.R. 18095) inserted 
the Secretary of Energy at (b)(7) and renumbered the remaining.
---------------------------------------------------------------------------
          (8) The Director of the Office of Management and 
        Budget;
          (9) The Chief of Staff to the President;
          (10) The Assistant to the President for National 
        Security Affairs;
          (11) The Assistant to the President for Science and 
        Technology;
          (12) The Director of Central Intelligence; and
          (13) The Administrator of the National Aeronautics 
        and Space Administration.
    (c) The Chairman shall, from time to time, invite the 
following to participate in meetings of the Council:
          (1) The Chairman of the Joint Chiefs of Staff; and
          (2) The heads of other executive departments and 
        agencies and other senior officials in the Executive 
        Office of the President.
    Sec. 2. Functions of the Council. (a) The Council shall 
advise and assist the President on national space policy and 
strategy, and perform such other duties as the President may 
from time to time prescribe.
    (b) In addition, the Council is directed to:
          (1) review United States Government space policy, 
        including long-range goals, and develop a strategy for 
        national space activities;
          (2) develop recommendations for the President on 
        space policy and space-related issues;
          (3) monitor and coordinate implementation of the 
        objectives of the President's national space policy by 
        executive departments and agencies; and
          (4) foster close coordination, cooperation, and 
        technology and information exchange among the civil, 
        national security, and commercial space sectors, and 
        facilitate resolution of differences concerning major 
        space and space-related policy issues.
    (c) The creation and operation of the Council shall not 
interfere with existing lines of authority and responsibilities 
in the departments and agencies.
    Sec. 3. Responsibilities of the Chairman. (a) The Chairman 
shall serve as the President's principal advisor on national 
space policy and strategy.
    (b) The Chairman shall, in consultation with the members of 
the Council, establish procedures for the Council and establish 
the agenda for Council activities.
    (c) The Chairman shall report to the President on the 
activities and recommendations of the Council. The Chairman 
shall advise the Council as appropriate regarding the 
President's directions with respect to the Council's activities 
and national space policy generally.
    (d) The Chairman shall authorize the establishment of such 
committees of the Council, including an executive committee, 
and of such working groups, composed of senior designees of the 
Council members and of other officials invited to participate 
in Council meetings, as he deems necessary or appropriate for 
the efficient conduct of Council functions.
    Sec. 4. National Space Policy Planning Process. (a) The 
Council will establish a process for developing and monitoring 
the implementation of national space policy and strategy.
    (b) To implement this process, each agency represented on 
the Council shall provide such information regarding its 
current and planned space activities as the Chairman shall 
request.
    (c) The head of each executive department and agency shall 
ensure that its space-related activities conform to national 
space policy and strategy.
    Sec. 5.\2\ Establishment of Vice President's Space Policy 
Advisory Board. * * * [Revoked--1993]
---------------------------------------------------------------------------
    \2\ Sec. 4(f) of Executive Order 12869 (58 F.R. 51752; September 
30, 1993) revoked sec. 5.
---------------------------------------------------------------------------
    Sec. 6.\3\ Microgravity Research Board. * * *
---------------------------------------------------------------------------
    \3\ Sec. 6 amended Executive Order 12660.
---------------------------------------------------------------------------
    Sec. 7. Administrative Provisions. (a) The Office of 
Administration in the Executive Office of the President shall 
provide the Council with such administrative support on a 
reimbursable basis as may be necessary for the performance of 
the functions of the Council.
    (b) The President shall appoint an Executive Secretary who 
shall appoint such staff as may be necessary to assist in the 
performance of the Council's functions.
    (c) All Federal departments, agencies, and interagency 
councils and committees having an impact on space policy shall 
extend, as appropriate, such cooperation and assistance to the 
Council as is necessary to carry out its responsibilities under 
this order.
    (d) The head of each agency serving on the Council or 
represented on any working groups or committee of the Council 
shall provide such administrative support as may be necessary, 
in accordance with law and subject to the availability of 
appropriations, to enable the agency head or its representative 
to carry out his responsibilities.
    Sec. 8. Report. The Council shall submit an annual report 
setting forth its assessment of and recommendations for the 
space policy and strategy of the United States Government.
    n. Establishment of the National Science and Technology Council

Executive Order 12881, November 23, 1993, 58 F.R. 62491, 42 U.S.C. 6601 
    note; as amended by Executive Order 13284, January 23, 2003 \1\

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including section 301 of title 3, United States Code, it is 
hereby ordered as follows:
    Section 1. Establishment. There is established the National 
Science and Technology Council (``the Council'').
---------------------------------------------------------------------------
    \1\ The President also established the President's Committee of 
Advisors on Science and Technology, to be composed of not more than 16 
individuals from outside the U.S. Government, to advise the National 
Science and Technology Council (Executive Order 12882, November 23, 
1993, 58 F.R. 62493; continued by Executive Order 12974, September 29, 
1995, 60 F.R. 51875; further continued by Executive Order 13062, 
September 29, 1997, 62 F.R. 51755; and further continued by Executive 
Order 13138, September 30, 1999, 64 F.R. 53879). Subsequently, 
Executive Order 13226 (September 30, 2001; 66 F.R. 50521) revoked 
Executive Order 12882.
    Executive Order 13226 further established the President's Council 
of Advisors on Science and Technology (continued by Executive Order 
13305, May 28, 2003, 68 F.R. 32323; and further continued by Executive 
Order 13385, September 29, 2005, 70 F.R. 57987).
---------------------------------------------------------------------------
    Sec. 2. Membership. The Council shall comprise the:
          (a) President, who shall serve as Chairman of the 
        Council;
          (b) Vice President;
          (c) Secretary of Commerce;
          (d) Secretary of Defense;
          (e) Secretary of Energy;
          (f) Secretary of Health and Human Services;
          (g) Secretary of State;
          (h) Secretary of the Interior;
          (i) \2\ Secretary of Homeland Security;
---------------------------------------------------------------------------
    \2\ Sec. 9 of Executive Order 13284 (January 23, 2003; 68 F.R. 
4075) redesignated subsecs. (i) through (q) as subsecs. (j) through (r) 
and inserted a new subsec. (i).
---------------------------------------------------------------------------
          (j) Administrator, National Aeronautics and Space 
        Administration;
          (k) Director, National Science Foundation;
          (l) Director of the Office of Management and Budget;
          (m) Administrator, Environmental Protection Agency;
          (n) Assistant to the President for Science and 
        Technology;
          (o) National Security Adviser;
          (p) Assistant to the President for Economic Policy;
          (q) Assistant to the President for Domestic Policy; 
        and
          (r) Such other officials of executive departments and 
        agencies as the President may, from time to time, 
        designate.
    Sec. 3. Meetings of the Council. The President or, upon his 
direction, the Assistant to the President for Science and 
Technology (``the Assistant''), may convene meetings of the 
Council. The President shall preside over the meetings of the 
Council, provided that in his absence the Vice President, and 
in his absence the Assistant, will preside.
    Sec. 4. Functions. (a) The principal functions of the 
Council are, to the extent permitted by law: (1) to coordinate 
the science and technology policymaking process; (2) to ensure 
science and technology policy decisions and programs are 
consistent with the President's stated goals; (3) to help 
integrate the President's science and technology policy agenda 
across the Federal Government; (4) to ensure science and 
technology are considered in development and implementation of 
Federal policies and programs; and (5) to further international 
cooperation in science and technology. The Assistant may take 
such actions, including drafting a Charter, as may be necessary 
or appropriate to implement such functions.
    (b) All executive departments and agencies, whether or not 
represented on the Council, shall coordinate science and 
technology policy through the Council and shall share 
information on research and development budget requests within 
the Council.
    (c) The Council shall develop for submission to the 
director of the Office of Management and Budget recommendations 
on research and development budgets that reflect national 
goals. In addition, the Council shall provide advice to the 
Director of the Office of Management and Budget concerning the 
agencies' research and development budget submissions.
    (d) The Assistant will, when appropriate, work in 
conjunction with the Assistant to the President for Economic 
Policy, the Assistant to the President for Domestic Policy, the 
Director of the Office of Management and Budget, and the 
National Security Adviser.
    Sec. 5. Administration. (a) The Council will oversee the 
duties of the Federal Coordinating Council for Science, 
Engineering, and Technology, the National Space Council, and 
the National Critical Materials Council.
    (b) The Council may function through established or ad hoc 
committees, task forces, or interagency groups.
    (c) To the extent practicable and permitted by law, 
executive departments and agencies shall make resources, 
including, but not limited to, personnel, office support, and 
printing, available to the Council as requested by the 
Assistant.
    (d) All executive departments and agencies shall cooperate 
with the Council and provide such assistance, information, and 
advice to the Council as the Council may request, to the extent 
permitted by law.
                           3. Arctic Research

          a. Arctic Tundra Habitat Emergency Conservation Act

 Public Law 106-108 [H.R. 2454], 113 Stat. 1491, approved November 24, 
                                  1999

  AN ACT To assure the long-term conservation of mid-continent light 
  geese and the biological diversity of the ecosystem upon which many 
 North American migratory birds depend, by directing the Secretary of 
 the Interior to implement rules to reduce the overabundant population 
                     of mid-continent light geese.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Arctic Tundra Habitat 
Emergency Conservation Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 703 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
          (1) The winter index population of mid-continent 
        light geese was 800,000 birds in 1969, while the total 
        population of such geese is more than 5,200,000 birds 
        today.
          (2) The population of mid-continent light geese is 
        expanding by over 5 percent each year, and in the 
        absence of new wildlife management actions it could 
        grow to more than 6,800,000 breeding light geese in 3 
        years.
          (3) The primary reasons for this unprecedented 
        population growth are--
                  (A) the expansion of agricultural areas and 
                the resulting abundance of cereal grain crops 
                in the United States;
                  (B) the establishment of sanctuaries along 
                the United States flyways of migrating light 
                geese; and
                  (C) a decline in light geese harvest rates.
          (4) As a direct result of this population explosion, 
        the Hudson Bay Lowlands Salt-Marsh ecosystem in Canada 
        is being systematically destroyed. This ecosystem 
        contains approximately 135,000 acres of essential 
        habitat for migrating light geese and many other avian 
        species. Biologists have testified that one-third of 
        this habitat has been destroyed, one-third is on the 
        brink of devastation, and the remaining one-third is 
        overgrazed.
          (5) The destruction of the Arctic tundra is having a 
        severe negative impact on many avian species that breed 
        or migrate through this habitat, including the 
        following:
                  (A) Canada Goose.
                  (B) American Wigeon.
                  (C) Dowitcher.
                  (D) Hudsonian Godwit.
                  (E) Stilt Sandpiper.
                  (F) Northern Shoveler.
                  (G) Red-Breasted Merganser.
                  (H) Oldsquaw.
                  (I) Parasitic Jaeger.
                  (J) Whimbrel.
                  (K) Yellow Rail.
          (6) It is essential that the current population of 
        mid-continent light geese be reduced by 50 percent by 
        the year 2005 to ensure that the fragile Arctic tundra 
        is not irreversibly damaged.
    (b) Purposes.--The purposes of this Act are the following:
          (1) To reduce the population of mid-continent light 
        geese.
          (2) To assure the long-term conservation of mid-
        continent light geese and the biological diversity of 
        the ecosystem upon which many North American migratory 
        birds depend.

SEC. 3.\1\ FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-
                    CONTINENT LIGHT GEESE POPULATIONS.

    (a) Force and Effect.--
          (1) In general.--The rules published by the Service 
        on February 16, 1999, relating to use of additional 
        hunting methods to increase the harvest of mid-
        continent light geese (64 Fed. Reg. 7507-7517) and the 
        establishment of a conservation order for the reduction 
        of mid-continent light goose populations (64 Fed. Reg. 
        7517-7528), shall have the force and effect of law.
          (2) Public notice.--The Secretary, acting through the 
        Director of the Service, shall take such action as is 
        necessary to appropriately notify the public of the 
        force and effect of the rules referred to in paragraph 
        (1).
    (b) Application.--Subsection (a) shall apply only during 
the period that--
          (1) begins on the date of the enactment of this Act; 
        and
          (2) ends on the latest of--
                  (A) the effective date of rules issued by the 
                Service after such date of the enactment to 
                control overabundant mid-continent light geese 
                populations;
                  (B) the date of the publication of a final 
                environmental impact statement for such rules 
                under section 102(2)(C) of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)); and
                  (C) May 15, 2001.
    (c) Rule of Construction.--This section shall not be 
construed to limit the authority of the Secretary or the 
Service to issue rules, under another law, to regulate the 
taking of mid-continent light geese.

SEC. 4.\1\ COMPREHENSIVE MANAGEMENT PLAN.

    (a) In General.--Not later than the end of the period 
described in section 103(b), the Secretary shall prepare, and 
as appropriate implement, a comprehensive, long-term plan for 
the management of mid-continent light geese and the 
conservation of their habitat.
    (b) Required Elements.--The plan shall apply principles of 
adaptive resource management and shall include--
          (1) a description of methods for monitoring the 
        levels of populations and the levels of harvest of mid-
        continent light geese, and recommendations concerning 
        long-term harvest levels;
          (2) recommendations concerning other means for the 
        management of mid-continent light goose populations, 
        taking into account the reasons for the population 
        growth specified in section 102(a)(3);
          (3) an assessment of, and recommendations relating 
        to, conservation of the breeding habitat of mid-
        continent light geese;
          (4) an assessment of, and recommendations relating 
        to, conservation of native species of wildlife 
        adversely affected by the overabundance of mid-
        continent light geese, including the species specified 
        in section 102(a)(5); and
          (5) an identification of methods for promoting 
        collaboration with the Government of Canada, States, 
        and other interested persons.
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $1,000,000 for 
each of fiscal years 2000 through 2002.

SEC. 5.\1\ DEFINITIONS.

    In this Act:
          (1) Mid-continent light geese.--The term ``mid-
        continent light geese'' means Lesser snow geese (Anser 
        caerulescens caerulescens) and Ross' geese (Anser 
        rossii) that primarily migrate between Canada and the 
        States of Alabama, Arkansas, Colorado, Illinois, 
        Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, 
        Minnesota, Mississippi, Missouri, Montana, Nebraska, 
        New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, 
        Tennessee, Texas, Wisconsin, and Wyoming.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (3) Service.--The term ``Service'' means the United 
        States Fish and Wildlife Service.
               b. Arctic Research and Policy Act of 1984

Title I of Public Law 98-373 [S. 373], 98 Stat. 1242, approved July 31, 
   1984; as amended by Public Law 101-609 [S. 677], 104 Stat. 3125, 
  approved November 16, 1990; and Public Law 103-199 [FRIENDSHIP Act; 
         H.R. 3000], 107 Stat. 2317, approved December 17, 1993

  AN ACT To provide for a comprehensive national policy dealing with 
 national research needs and objectives in the Arctic, for a National 
    Critical Materials Council, for development of a continuing and 
comprehensive national materials policy for programs necessary to carry 
   out that policy, including Federal programs of advanced materials 
    research and technology, and for innovation in basic materials 
                  industries, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

                  TITLE I--ARCTIC RESEARCH AND POLICY

                              short title

    Sec. 101. This title may be cited as the ``Arctic Research 
and Policy Act of 1984''.

                         findings and purposes

    Sec. 102.\1\ (a) The Congress finds and declares that--
---------------------------------------------------------------------------
    \1\ 15 U.S.C. 4101.
---------------------------------------------------------------------------
          (1) the Arctic, onshore and offshore, contains vital 
        energy resources that can reduce the Nation's 
        dependence on foreign oil and improve the national 
        balance of payments;
          (2) \2\ the Arctic is critical to national defense;
---------------------------------------------------------------------------
    \2\ Sec. 601(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2327) struck out ``as the Nation's only common border with the 
Soviet Union,'' preceding ``the Arctic is critical''.
---------------------------------------------------------------------------
          (3) the renewable resources of the Arctic, 
        specifically fish and other seafood, represent one of 
        the Nation's greatest commercial assets;
          (4) Arctic conditions directly affect global weather 
        patterns and must be understood in order to promote 
        better agricultural management throughout the United 
        States;
          (5) industrial pollution not originating in the 
        Arctic region collects in the polar air mass, has the 
        potential to disrupt global weather patterns, and must 
        be controlled through international cooperation and 
        consultation;
          (6) the Arctic is a natural laboratory for research 
        into human health and adaptation, physical and 
        psychological, to climates of extreme cold and 
        isolation and may provide information crucial for 
        future defense needs;
          (7) atmospheric conditions peculiar to the Arctic 
        make the Arctic a unique testing ground for research 
        into high latitude communications, which is likely to 
        be crucial for future defense needs;
          (8) Arctic marine technology is critical to cost-
        effective recovery and transportation of energy 
        resources and to the national defense;
          (9) the United States has important security, 
        economic, and environmental interests in developing and 
        maintaining a fleet of icebreaking vessels capable of 
        operating effectively in the heavy ice regions of the 
        Arctic;
          (10) most Arctic-rim countries \3\ possess Arctic 
        technologies far more advanced than those currently 
        available in the United States;
---------------------------------------------------------------------------
    \3\ Sec. 601(2) of the FRIENDSHIP Act (Public Law 103-199; 108 
Stat. 2327) struck out ``, particularly the Soviet Union,'' after 
``countries''.
---------------------------------------------------------------------------
          (11) Federal Arctic research is fragmented and 
        uncoordinated at the present time, leading to the 
        neglect of certain areas of research and to unnecessary 
        duplication of effort in other areas of research;
          (12) improved logistical coordination and support for 
        Arctic research and better dissemination of research 
        data and information is necessary to increase the 
        efficiency and utility of national Arctic research 
        efforts;
          (13) a comprehensive national policy and program plan 
        to organize and fund currently neglected scientific 
        research with respect to the Arctic is necessary to 
        fulfill national objectives in Arctic research;
          (14) the Federal Government, in cooperation with 
        State and local governments, should focus its efforts 
        on the collection and characterization of basic data 
        related to biological, materials, geophysical, social, 
        and behavioral phenomena in the Arctic;
          (15) research into the long-range health, 
        environmental, and social effects of development in the 
        Arctic is necessary to mitigate the adverse 
        consequences of that development to the land and its 
        residents;
          (16) Arctic research expands knowledge of the Arctic, 
        which can enhance the lives of Arctic residents, 
        increase opportunities for international cooperation 
        among Arctic-rim countries, and facilitate the 
        formulation of national policy for the Arctic; and
          (17) the Alaskan Arctic provides an essential habitat 
        for marine mammals, migratory waterfowl, and other 
        forms of wildlife which are important to the Nation and 
        which are essential to Arctic residents.
    (b) The purposes of this title are--
          (1) to establish national policy, priorities, and 
        goals and to provide a Federal program to the Arctic, 
        including natural resources and materials, physical, 
        biological and health sciences, and social and 
        behavioral sciences;
          (2) to establish an Arctic Research Commission to 
        promote Arctic research and to recommend Arctic 
        research policy;
          (3) to designate the National Science Foundation as 
        the lead agency responsible for implementing Arctic 
        research policy; and
          (4) to establish an Interagency Arctic Research 
        Policy Committee to develop a national Arctic research 
        policy and a five-year plan to implement that policy.

                       arctic research commission

    Sec. 103.\4\ (a) The President shall establish an Arctic 
Research Commission (hereafter referred to as the 
``Commission'').
---------------------------------------------------------------------------
    \4\ 15 U.S.C. 4102.
---------------------------------------------------------------------------
    (b)(1) The Commission shall be composed of seven \5\ 
members appointed by the President, with the Director of the 
National Science Foundation serving as a nonvoting, ex officio 
member. The members appointed by the President shall include--
---------------------------------------------------------------------------
    \5\ Sec. 2(1) of Public Law 101-609 (104 Stat. 3125) struck out 
``five'' and inserted in lieu thereof ``seven''.
---------------------------------------------------------------------------
          (A) four \6\ members appointed from among individuals 
        from academic or other research institutions with 
        expertise in areas of research relating to the Arctic, 
        including the physical, biological, health, 
        environmental, social, and behavioral sciences;
---------------------------------------------------------------------------
    \6\ Sec. 2(2) of Public Law 101-609 (104 Stat. 3125) struck out 
``three'' and inserted in lieu thereof ``four''.
---------------------------------------------------------------------------
          (B) one member appointed from among indigenous 
        residents of the Arctic who are representative of the 
        needs and interests of Arctic residents and who live in 
        areas directly affected by Arctic resource development; 
        and
          (C) two members \7\ appointed from among individuals 
        familiar with the Arctic and representative of the 
        needs and interests of private industry undertaking 
        resource development in the Arctic.
---------------------------------------------------------------------------
    \7\ Sec. 2(3) of Public Law 101-609 (104 Stat. 3125) struck out 
``one member'' and inserted in lieu thereof ``two members''.
---------------------------------------------------------------------------
    (2) The President shall designate one of the appointed 
members of the Commission to be chairperson of the Commission.
    (c)(1) Except as provided in paragraph (2) of this 
subsection, the term of office of each member of the Commission 
appointed under subsection (b)(1) shall be four years.
    (2) Of the members of the Commission originally appointed 
under subsection (b)(1)--
          (A) one shall be appointed for a term of two years;
          (B) two shall be appointed for a term of three years; 
        and
          (C) two shall be appointed for a term of four years.
    (3) Any vacancy occurring in the membership of the 
Commission shall be filled, after notice of the vacancy is 
published in the Federal Register, in the manner provided by 
the preceding provisions of this section, for the remainder of 
the unexpired term.
    (4) A member may serve after the expiration of the member's 
term of office until the President appoints a successor.
    (5) A member may serve consecutive terms beyond the 
member's original appointment.
    (d)(1) Members of the Commission may be allowed travel 
expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code. A 
member of the Commission not presently employed for 
compensation shall be compensated at a rate equal to the daily 
equivalent of the rate for GS-18 \8\ of the General Schedule 
under section 5332 of title 5, United States Code, for each day 
the member is engaged in the actual performance of his duties 
as a member of the Commission, not to exceed 90 days of service 
each year. Except for the purposes of chapter 81 of title 5 
(relating to compensation for work injuries) and chapter 171 of 
title 28 (relating to tort claims), a member of the Commission 
shall not be considered an employee of the United States for 
any purpose.
---------------------------------------------------------------------------
    \8\ Sec. 3 of Public Law 101-609 (104 Stat. 3125) struck out ``GS-
16'' and inserted in lieu thereof ``GS-18''.
---------------------------------------------------------------------------
    (2) The Commission shall meet at the call of its Chairman 
or a majority of its members.
    (3) Each Federal agency referred to in section 107(b) may 
designate a representative to participate as an observer with 
the Commission. These representatives shall report to and 
advise the Commission on the activities relating to Arctic 
research of their agencies.
    (4) The Commission shall conduct at least one public 
meeting in the State of Alaska annually.

                          duties of commission

    Sec. 104.\9\ (a) The Commission shall--
---------------------------------------------------------------------------
    \9\ 15 U.S.C. 4103.
---------------------------------------------------------------------------
          (1) develop and recommend an integrated national 
        Arctic research policy;
          (2) in cooperation with the Interagency Arctic 
        Research Policy Committee established under section 
        107, assist in establishing a national Arctic research 
        program plan to implement the Arctic research policy;
          (3) facilitate cooperation between the Federal 
        Government and State and local governments with respect 
        to Arctic research;
          (4) review Federal research programs in the Arctic 
        and recommend \10\ improvements in coordination among 
        programs;
---------------------------------------------------------------------------
    \10\ Sec. 4(a)(1) and (2) of Public Law 101-609 (104 Stat. 3125) 
struck out ``suggest'' and inserted in lieu thereof ``recommend'' in 
paras. (4) and (6), respectively.
---------------------------------------------------------------------------
          (5) recommend methods to improve logistical planning 
        and support for Arctic research as may be appropriate 
        and in accordance with the findings and purposes of 
        this title;
          (6) recommend \10\ methods for improving efficient 
        sharing and dissemination of data and information on 
        the Arctic among interested public and private 
        institutions;
          (7) offer other recommendations and advice to the 
        Interagency Committee established under section 107 as 
        it may find appropriate; \11\
---------------------------------------------------------------------------
    \11\ Sec. 4(a)(3) through (5) of Public Law 101-609 (104 Stat. 
3125) struck out ``and'' at the end of para. (7); ended para. (8) with 
a semicolon; and added paras. (9) and (10).
---------------------------------------------------------------------------
          (8) cooperate with the Governor of the State of 
        Alaska and with agencies and organizations of that 
        State which the Governor may designate with respect to 
        the formulation of Arctic research policy; \11\
          (9) \11\ recommend to the Interagency Committee the 
        means for developing international scientific 
        cooperation in the Arctic; and
          (10) \11\ not later than January 31, 1991, and every 
        2 years thereafter, publish a statement of goals and 
        objectives with respect to Arctic research to guide the 
        Interagency Committee established under section 107 in 
        the performance of its duties.
    (b) \12\ Not later than January 31 of each year, the 
Commission shall submit to the President and to the Congress a 
report describing the activities and accomplishments of the 
Commission during the immediately preceding fiscal year.
---------------------------------------------------------------------------
    \12\ Sec. 4(b) of Public Law 101-609 (104 Stat. 3125) amended and 
restated subsec. (b).
---------------------------------------------------------------------------

                    cooperation with the commission

    Sec. 105.\13\ (a)(1) The Commission may acquire from the 
head of any Federal agency unclassified data, reports, and 
other nonproprietary information with respect to Arctic 
research in the possession of the agency which the Commission 
considers useful in the discharge of its duties.
---------------------------------------------------------------------------
    \13\ 15 U.S.C. 4104.
---------------------------------------------------------------------------
    (2) Each agency shall cooperate with the Commission and 
furnish all data, reports, and other information requested by 
the Commission to the extent permitted by law; except that no 
agency need furnish any information which it is permitted to 
withhold under section 552 of title 5, United States Code.
    (b) With the consent of the appropriate agency head, the 
Commission may utilize the facilities and services of any 
Federal agency to the extent that the facilities and services 
are needed for the establishment and development of an Arctic 
research policy, upon reimbursement to be agreed upon by the 
Commission and the agency head and taking every feasible step 
to avoid duplication of effort.
    (c) All Federal agencies shall consult with the Commission 
before undertaking major Federal actions relating to Arctic 
research.

                    administration of the commission

    Sec. 106.\14\ The Commission may--
---------------------------------------------------------------------------
    \14\ 15 U.S.C. 4105.
---------------------------------------------------------------------------
          (1) in accordance with the civil service laws and 
        subchapter III of chapter 53 of title 5, United States 
        Code, appoint and fix the compensation of an Executive 
        Director and necessary additional staff personnel, but 
        not to exceed a total of seven compensated personnel;
          (2) procure temporary and intermittent services as 
        authorized by section 3109 of title 5, United States 
        Code;
          (3) enter into contracts and procure supplies, 
        services and personal property,\15\
---------------------------------------------------------------------------
    \15\ Sec. 5 of Public Law 101-609 (104 Stat. 3125) struck out 
``and'' at the end of para. (3); ended para. (4) with ``; and''; and 
added a new para. (5).
---------------------------------------------------------------------------
          (4) enter into agreements with the General Services 
        Administration for the procurement of necessary 
        financial and administrative services, for which 
        payment shall be made by reimbursement from funds of 
        the Commission in amounts to be agreed upon by the 
        Commission and the Administrator of the General 
        Services Administration; and \15\
          (5) \15\ appoint, and accept without compensation the 
        services of, scientists and engineering specialists to 
        be advisors to the Commission. Each advisor may be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, 
        United States Code. Except for the purposes of chapter 
        81 of title 5 (relating to compensation for work 
        injuries) and chapter 171 of title 28 (relating to tort 
        claims) of the United States Code, an advisor appointed 
        under this paragraph shall not be considered an 
        employee of the United States for any purpose.

      lead agency and interagency arctic research policy committee

    Sec. 107.\16\ (a) The National Science Foundation is 
designated as the lead agency responsible for implementing 
Arctic research policy, and the Director of the National 
Science Foundation shall insure that the requirements of 
section 108 are fulfilled.
---------------------------------------------------------------------------
    \16\ 15 U.S.C. 4106.
---------------------------------------------------------------------------
    (b)(1) The President shall establish an Interagency Arctic 
Research Policy Committee (hereinafter referred to as the 
``Interagency Committee'').
    (2) The Interagency Committee shall be composed of 
representatives of the following Federal agencies or offices:
          (A) the National Science Foundation;
          (B) the Department of Commerce;
          (C) the Department of Defense;
          (D) the Department of Energy;
          (E) the Department of the Interior;
          (F) the Department of State;
          (G) the Department of Transportation;
          (H) the Department of Health and Human Services;
          (I) the National Aeronautics and Space 
        Administration;
          (J) the Environmental Protection Agency; and
          (K) any other agency or office deemed appropriate.
    (3) The representative of the National Science Foundation 
shall serve as the Chairperson of the Interagency Committee.

                  duties of the interagency committee

    Sec. 108.\17\ (a) The Interagency Committee shall--
---------------------------------------------------------------------------
    \17\ 15 U.S.C. 4107.
---------------------------------------------------------------------------
          (1) survey Arctic research conducted by Federal, 
        State, and local agencies, universities, and other 
        public and private institutions to help determine 
        priorities for future Arctic research, including 
        natural resources and materials, physical and 
        biological sciences, and social and behavioral 
        sciences;
          (2) work with the Commission to develop and establish 
        an integrated national Arctic research policy that will 
        guide Federal agencies in developing and implementing 
        their research programs in the Arctic;
          (3) consult with the Commission on--
                  (A) the development of the national Arctic 
                research policy and the 5-year plan 
                implementing the policy;
                  (B) Arctic research programs of Federal 
                agencies;
                  (C) recommendations of the Commission on 
                future Arctic research; and
                  (D) guidelines for Federal agencies for 
                awarding and administering Arctic research 
                grants;
          (4) develop a 5-year plan to implement the national 
        policy, as provided for in section 109;
          (5) provide the necessary coordination, data, and 
        assistance for the preparation of a single integrated, 
        coherent, and multiagency budget request for Arctic 
        research as provided for in section 110;
          (6) facilitate cooperation between the Federal 
        Government and State and local governments in Arctic 
        research, and recommend the undertaking of neglected 
        areas of research in accordance with the findings and 
        purposes of this title;
          (7) coordinate and promote cooperative Arctic 
        scientific research programs with other nations, 
        subject to the foreign policy guidance of the Secretary 
        of State;
          (8) cooperate with the Governor of the State of 
        Alaska in fulfilling its responsibilities under this 
        title;
          (9) promote Federal interagency coordination of all 
        Arctic research activities, including--
                  (A) logistical planning and coordination; and
                  (B) the sharing of data and information 
                associated with Arctic research, subject to 
                section 552 of title 5, United States Code; and
          (10) provide public notice of its meetings and an 
        opportunity for the public to participate in the 
        development and implementation of national Arctic 
        research policy.
    (b) Not later than January 31, 1986, and biennially 
thereafter, the Interagency Committee shall submit to the 
Congress through the President, a brief, concise report 
containing--
          (1) a statement of the activities and accomplishments 
        of the Interagency Committee since its last report; and
          (2) \18\ a statement detailing with particularity the 
        recommendations of the Commission with respect to 
        Federal interagency activities in Arctic research and 
        the disposition and responses to those recommendations.
---------------------------------------------------------------------------
    \18\ Sec. 6 of Public Law 101-609 (104 Stat. 3126) amended and 
restated para. (2).
---------------------------------------------------------------------------

                      5-year arctic research plan

    Sec. 109.\19\ (a) The Interagency Committee, in 
consultation with the Commission, the Governor of the State of 
Alaska, the residents of the Arctic, the private sector, and 
public interest groups, shall prepare a comprehensive 5-year 
program plan (hereinafter referred to as the ``Plan'') for the 
overall Federal effort in Arctic research. The Plan shall be 
prepared and submitted to the President for transmittal to the 
Congress within one year after the enactment of this Act and 
shall be revised biennially thereafter.
---------------------------------------------------------------------------
    \19\ 15 U.S.C. 4108.
---------------------------------------------------------------------------
    (b) The Plan shall contain but need not be limited to the 
following elements:
          (1) An assessment of national needs and problems 
        regarding the Arctic and the research necessary to 
        address those needs or problems;
          (2) a statement of the goals and objectives of the 
        Interagency Committee for national Arctic research;
          (3) a detailed listing of all existing Federal 
        programs relating to Arctic research, including the 
        existing goals, funding levels for each of the 5 
        following fiscal years, and the funds currently being 
        expended to conduct the programs;
          (4) recommendations for necessary program changes and 
        other proposals to meet the requirements of the policy 
        and goals as set forth by the Commission and in the 
        Plan as currently in effect; and
          (5) a description of the actions taken by the 
        Interagency Committee to coordinate the budget review 
        process in order to ensure interagency coordination and 
        cooperation in (A) carrying out Federal Arctic research 
        programs, and (B) eliminating unnecessary duplication 
        of effort among these programs.

               coordination and review of budget requests

    Sec. 110.\20\ (a) The Office of Science and Technology 
Policy shall--
---------------------------------------------------------------------------
    \20\ 15 U.S.C. 4109.
---------------------------------------------------------------------------
          (1) review all agency and department budget requests 
        related to the Arctic transmitted pursuant to section 
        108(a)(5), in accordance with the national Arctic 
        research policy and the 5-year program under section 
        108(a)(2) and section 109, respectively; and
          (2) consult closely with the Interagency Committee 
        and the Commission to guide the Office of Science and 
        Technology Policy's efforts.
    (b)(1) The Office of Management and Budget shall consider 
all Federal agency requests for research related to the Arctic 
as one integrated, coherent, and multiagency request which 
shall be reviewed by the Office of Management and Budget prior 
to submission of the President's annual budget requests for its 
adherence to the Plan. The Commission shall, after submission 
of the President's annual budget request, review the request 
and report to Congress on adherence to the Plan.
    (2) The Office of Management and Budget shall seek to 
facilitate planning for the design, procurement, maintenance, 
deployment, and operations of icebreakers needed to provide a 
platform for Arctic research by allocating all funds necessary 
to support icebreaking operations, except for recurring 
incremental costs associated with specific projects, to the 
Coast Guard.

        authorization of appropriations; new spending authority

    Sec. 111.\21\ (a) There are authorized to be appropriated 
such sums as may be necessary for carrying out this title.
---------------------------------------------------------------------------
    \21\ 15 U.S.C. 4110.
---------------------------------------------------------------------------
    (b) Any new spending authority (within the meaning of 
section 401 of the Congressional Budget Act of 1974) which is 
provided under this title shall be effective for any fiscal 
year only to such extent or in such amounts as may be provided 
in appropriation Acts.

                               definition

    Sec. 112.\22\ As used in this title, the term ``Arctic'' 
means all United States and foreign territory north of the 
Arctic Circle and all United States territory north and west of 
the boundary formed by the Porcupine, Yukon, and Kuskokwim 
Rivers; all contiguous seas, including the Arctic Ocean and the 
Beaufort, Bering, and Chukchi Seas; and the Aleutian chain.
---------------------------------------------------------------------------
    \22\ 15 U.S.C. 4111.
                     c. Arctic Research Commission

 Executive Order 12501, January 28, 1985, 50 F.R. 4191, 15 U.S.C. 4101 
 note; as amended by Executive Order 13286, February 28, 2003, 68 F.R. 
                                 10627

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Arctic Research and Policy Act of 1984 (Title I 
of Public Law 98-373) (``the Act''), it is hereby ordered as 
follows:

    Section 1. Establishment of Arctic Research Commission. 
There is established the Arctic Research Commission.
    Sec. 2. Membership of the Commission. (a) The Commission 
shall be composed of five members appointed by the President, 
as follows:
          (1) three members appointed from among individuals 
        from academic or other research institutions with 
        expertise in areas of research relating to the Arctic, 
        including the physical, biological, health, 
        environmental, social, and behavioral sciences;
          (2) one member appointed from among indigenous 
        residents of the Arctic who are representatives of the 
        needs and interests of Arctic residents and who live in 
        areas directly affected by Arctic resources 
        development; and
          (3) one member appointed from individuals familiar 
        with the Arctic and representative of the needs and 
        interests of private industry undertaking resource 
        development in the Arctic.
    The Director of the National Science Foundation shall serve 
as a nonvoting ex officio member of the Commission. The 
President shall designate a Chairperson from among the five 
voting members of the Commission.
     (b) In making initial appointments to the Commission, the 
President shall designate one member to serve for a term of two 
years, two members to serve for terms of three years, and two 
members to serve for terms of four years as provided by Section 
103(c) of the Act. Upon the expiration of these initial terms 
of office, the term of office of each member of the Commission 
shall be four years.
    (c) Each of the Federal agencies represented on the 
Interagency Committee established by Section 7 of this Order 
may designate a representative to participate as an observer 
with the Commission. These representatives shall report to and 
advise the Commission on the activities of their agencies 
relating to Arctic research.
    Sec. 3. Meetings of the Commission. The Commission shall 
meet at the call of the Chairman or a majority of its members. 
The Commission annually shall conduct at least one public 
meeting in the State of Alaska.
    Sec. 4. Functions of the Commission. (a) The Commission 
shall:
          (1) develop and recommend an integrated national 
        Arctic research policy;
          (2) assist, in cooperation with the Interagency 
        Arctic Research Policy Committee established by Section 
        7 of this Order, in establishing a national Arctic 
        research program plan to implement the Arctic research 
        policy;
          (3) facilitate cooperation between the Federal 
        Government and State and local governments with respect 
        to Arctic research;
          (4) review Federal research programs in the Arctic 
        and suggest improvements in coordination among 
        programs;
          (5) recommend methods to improve logistical planning 
        and support for Arctic research as may be appropriate;
          (6) suggest methods for improving efficient sharing 
        and dissemination of data and information on the Arctic 
        among interested public and private institutions;
          (7) offer other recommendations and advice to the 
        Interagency Arctic Research Policy Committee as it may 
        find appropriate; and
          (8) cooperate with the Governor of the State of 
        Alaska, and with agencies and organizations of that 
        State which the Governor may designate, with respect to 
        the formulation of Arctic research policy.
    (b) Not later than January 31 of each year, the Commission 
shall:
          (1) submit to the President and Congress a report 
        describing the activities and accomplishments of the 
        Commission during the immediately preceding fiscal 
        year; and
          (2) publish a statement of goals and objectives with 
        respect to Arctic research to guide the Interagency 
        Arctic Research Policy Committee in the performance of 
        its duties.
    Sec. 5. Responsibilities of Federal Agencies. (a) The heads 
of Executive agencies shall, to the extent permitted by law, 
and in accordance with Section 105 of the Act, provide the 
Commission such information as it may require for purposes of 
carrying out its functions.
    (b) The heads of Executive agencies shall, upon 
reimbursement to be agreed upon by the Commission and the 
agency head, permit the Commission to utilize their facilities 
and services to the extent that the facilities and services are 
needed for the establishment and development of an Arctic 
research policy. The Commission shall take every feasible step 
to avoid duplication of effort.
    (c) All Federal agencies shall consult with the Commission 
before undertaking major Federal actions relating to Arctic 
research.
    Sec. 6. Administration of the Commission. Members of the 
Commission who are otherwise employed for compensation shall 
serve without compensation for their work on the Commission, 
but may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by law for persons serving 
intermittently in the government service. Members of the 
Commission who are not otherwise employed for compensation 
shall be compensated for each day the member is engaged in 
actual performance of duties as a member, not to exceed 90 days 
of service each calendar year, at a rate equal to the daily 
equivalent of the rate for GS-16 of the General Schedule.
    Sec. 7. Establishment of Interagency Arctic Research Policy 
Committee. There is established the Interagency Arctic Research 
Policy Committee (the ``Interagency Committee''). The National 
Science Foundation shall serve as lead agency on the 
Interagency Committee and shall be responsible for implementing 
Arctic research policy.
    Sec. 8. Membership of the Interagency Committee. The 
Interagency Committee shall be composed of representatives of 
the following Federal agencies or their designees:
          (a) National Science Foundation;
          (b) Department of Commerce;
          (c) Department of Defense;
          (d) Department of Energy;
          (e) Department of Interior;
          (f) Department of State;
          (g) Department of Transportation;
          (h) Department of Health and Human Services;
          (i) \1\ Department of Homeland Security;
---------------------------------------------------------------------------
    \1\ Sec. 45 of Executive Order 13286 (February 28, 2003; 68 F.R. 
10627) inserted subsec. (i) and redesignated existing subsecs. (i) 
through (l) as subsecs. (j) through (m),
---------------------------------------------------------------------------
          (j) National Aeronautics and Space Administration;
          (k) Environmental Protection Agency;
          (l) Office of Science and Technology Policy; and
          (m) any other Executive agency that the Director of 
        the National Science Foundation shall deem appropriate. 
        The Director of the National Science Foundation or his 
        designee shall serve as Chairperson of the Interagency 
        Committee.
    Sec. 9. Functions of the Interagency Committee. (a) The 
Interagency Committee shall:
          (1) survey Arctic research conducted by Federal, 
        State, and local agencies, universities, and other 
        public and private institutions to help determine 
        priorities for future Arctic research, including 
        natural resources and materials, physical and 
        biological sciences, and social and behavioral 
        sciences;
          (2) work with the Commission to develop and establish 
        an integrated national Arctic research policy that will 
        guide Federal agencies in developing and implementing 
        their research programs in the Arctic;
          (3) consult with the Commission on:
                  (a) the development of the national Arctic 
                research policy and the 5-year plan 
                implementing the policy;
                  (b) Arctic research programs of Federal 
                agencies;
                  (c) recommendations of the Commission on 
                future Arctic research; and
                  (d) guidelines for Federal agencies for 
                awarding and administering Arctic research 
                grants;
          (4) develop a 5-year plan to implement the national 
        policy, as provided in section 109 of the Act;
          (5) provide the necessary coordination, data, and 
        assistance for the preparation of a single integrated, 
        coherent, and multi-agency budget request for Arctic 
        research, as provided in section 110 of the Act;
          (6) facilitate cooperation between the Federal 
        government and State and local governments in Arctic 
        research, and recommend the undertaking of neglected 
        areas of research;
          (7) coordinate and promote cooperative Arctic 
        scientific research programs with other nations, 
        subject to the foreign policy guidance of the Secretary 
        of State;
          (8) cooperate with the Governor of the State of 
        Alaska in fulfilling its responsibilities under the 
        Act; and
          (9) promote Federal interagency coordination of all 
        Arctic research activities, including:
                  (a) logistical planning and coordination; and
                  (b) the sharing of data and information 
                associated with Arctic research, subject to 
                section 552 of title 5, United States Code.
    (b) Not later than January 31, 1986, and biennially 
thereafter, the Interagency Committee shall submit to the 
Congress through the President a report concerning:
          (1) its activities and accomplishments since its last 
        report; and
          (2) the activities of the Commission, detailing with 
        particularity the recommendations of the Commission 
        with respect to Federal activities in Arctic research.
    Sec. 10. Public Participation. The Interagency Committee 
will provide public notice of its meetings and an opportunity 
for the public to participate in the development and 
implementation of national Arctic research policy.
    Sec. 11. Administration of Interagency Committee. Each 
agency represented on the Committee shall, to the extent 
permitted by law and subject to the availability of funds, 
provide the Committee with such administrative services, 
facilities, staff, and other support services as may be 
necessary for effective performances of its functions.
=======================================================================


                          N. OTHER LEGISLATION

                                CONTENTS

                                                                   Page

 1. Provisions of Law Relating to Travel Outside the United 
    States.......................................................   825
      a. Reporting Requirements for House Interparliamentary 
          Groups (Legislative Branch Appropriation Act of 1961, 
          as amended) (Public Law 86-628) (partial text).........   825
      b. Local Currency Availability (Public Law 83-665).........   827
      c. Availability of Funds for Field Examination of Estimates 
          (Public Law 83-207) (partial text).....................   830
 2. Legislation Authorizing U.S. Participation in Parliamentary 
    Conferences..................................................   831
      a. Interparliamentary Union................................   831
            (1) Participation Authorization (Public Law 74-170)..   831
            (2) Designation of Senate Delegates to Conferences of 
                the Interparliamentary Union (Public Law 85-474).   833
      b. Requirements Relating to Funds for International 
          Organizations and Conferences (Public Law 99-415) 
          (partial text).........................................   834
      c. Interparliamentary Groups--Permanent Appropriations 
          (Public Law 100-202) (partial text)....................   835
      d. United States-Europe Interparliamentary Groups--
          Appropriations Authorization (Public Law 98-164) 
          (partial text).........................................   836
      e. British-American Interparliamentary Group; Participation 
          in Conference on Security and Cooperation in Europe 
          (Public Law 102-138) (partial text)....................   838
      f. Mexico-United States Interparliamentary Group (Public 
          Law 86-420)............................................   841
      g. Canada-United States Interparliamentary Group (Public 
          Law 86-42).............................................   843
      h. United States Group of the NATO Parliamentary Assembly 
          (Public Law 84-689)....................................   845
 3. International Claims Settlement Acts.........................   848
      a. International Claims Settlement Act of 1949, as amended 
          (Public Law 81-455)....................................   848
      b. Iran Claims Settlement (Public Law 99-93) (partial text)   900
      c. Czechoslovakian Claims Settlement Act of 1981 (Public 
          Law 97-127)............................................   903
      d. Trust Territories of the Pacific........................   910
            (1) Micronesian Claims Act of 1971, as amended 
                (Public Law 92-39)...............................   910
            (2) Trust Territory Economic Development Loan Fund 
                (Public Law 92-257)..............................   916
            (3) Civil Government for the Trust Territory of the 
                Pacific Islands (Public Law 83-451)..............   918
            (4) Interior Appropriations for Trust Territory of 
                the Pacific Islands (Public Law 109-54) (partial 
                text)............................................   922
      e. Ryukyu Claims Settlement Act (Public Law 89-296)........   924
 4. Compacts of Free Association Act and Related Legislation.....   926
      a. Compact of Free Association Amendments Act of 2003 
          (Public Law 108-188)...................................   926
      b. Compact of Free Association Act of 1985 (Public Law 99-
          239) (partial text)....................................  1047
      c. Implementation of the Compact of Free Association With 
          Palau (Public Law 101-219) (partial text)..............  1083
      d. Omnibus Insular Areas Act of 1992 (Public Law 102-247) 
          (partial text).........................................  1088
      e. Interior Appropriations for Compact of Free Association 
          (Public Law 109-54) (partial text).....................  1091
      f. Approval of Agreement Between U.S. and Marshall Islands, 
          and Between U.S. and Micronesia to amend Governmental 
          Representation Provisions of the Compact of Free 
          Association (Public Law 101-62)........................  1092
      g. Approval of Compact of Free Association: United States--
          Palau (Public Law 99-658)..............................  1093
      h. Covenant to Establish a Commonwealth of the Northern 
          Mariana Islands in Political Union With the United 
          States of America (Public Law 94-241)..................  1130
      i. Relations with the Northern Mariana Islands (Executive 
          Order 12572)...........................................  1151
      j. Management of the Compact of Free Association with the 
          Marshall Islands, Micronesia, and Palau (Executive 
          Order 12569)...........................................  1152
      k. Placing Into Full Force and Effect the Covenant with the 
          Northern Mariana Islands, and the Compacts of Free 
          Association with Micronesia and the Marshall Islands 
          (Proclamation 5564)....................................  1156
      l. Placing Into Full Force and Effect the Compact of Free 
          Association With the Republic of Palau (Proclamation 
          6726)..................................................  1159
 5. Registration of Foreign Agents...............................  1161
      a. The Foreign Agents Registration Act of 1938, as amended 
          (Public Law 75-583)....................................  1161
      b. U.S. Public Officials and Employees Acting as Agents of 
          Foreign Principals (18 U.S.C. 219).....................  1176
      c. Agents of Foreign Governments (18 U.S.C. 951)...........  1178
 6. Neutrality Act and Related Material..........................  1180
      a. Neutrality Act of 1939, as amended (Public Resolution 
          76-54).................................................  1180
      b. Enlistment in Foreign Service (18 U.S.C. 959)...........  1187
      c. Expedition Against Friendly Nation--Arming Vessel 
          Against Friendly Nation (18 U.S.C. 960, 962)...........  1188
      d. Strengthening Armed Vessel of Foreign Nation (18 U.S.C. 
          961)...................................................  1189
 7. National Security Act of 1947 (Public Law 80-253) (partial 
    text)........................................................  1190
 8. Intelligence Authorization Provisions........................  1210
      a. Kosova Liberation Army (Public Law 106-120) (partial 
          text)..................................................  1210
      b. Limitation on State Department Handling of Classified 
          Materials (Public Law 106-567) (partial text)..........  1212
      c. Evaluation of State Department Protection of Classified 
          Materials (Public Law 107-306) (partial text)..........  1214
      d. Coordination of Federal Government research on Security 
          Evaluations (Public Law 108-487) (partial text)........  1215
 9. Reporting Requirements.......................................  1218
      a. Federal Reports Elimination and Sunset Act of 1995 
          (Public Law 104-66) (partial text).....................  1218
      b. Continuation of Reports Terminated by the Federal 
          Reports Elimination and Sunset Act of 1995 (Public Law 
          106-113) (partial text)................................  1222
      c. To Prevent the Elimination of Certain Reports (Public 
          Law 107-74) (partial text).............................  1225
10. Logan Act--Private Correspondence With Foreign Governments 
    (Public Law 80-772) (partial text)...........................  1226
11. Resolution Establishing a Select Committee on Intelligence 
    (S. Res. 400) (partial text).................................  1227
12. Permanent Select Committee on Intelligence (House Rule X) 
    (partial text)...............................................  1229
13. David L. Boren National Security Education Act of 1991 
    (Public Law 102-183) (partial text)..........................  1236
14. Inspector General Act of 1978 (Public Law 95-452) (partial 
    text)........................................................  1251
15. Assignment of National Security and Emergency Preparedness 
    Telecommunications Functions (Executive Order 12472).........  1264
16. National Security Emergency Preparedness Responsibilities 
    (Executive Order 12656) (partial text).......................  1274
17. U.S. Government Opposition to the Practice of Torture (Public 
    Law 98-447)..................................................  1286
18. Commission on the Ukraine Famine Act (Public Law 99-180) 
    (partial text)...............................................  1288
19. Nazi War Crimes and Holocaust Assets.........................  1292
      a. Nazi War Crimes Disclosure Act (Public Law 105-246).....  1292
      b. Making Public Nazi War Crimes Records--Sense of the 
          Congress (Public Law 104-309)..........................  1296
      c. U.S. Holocaust Assets Commission Act of 1998 (Public Law 
          105-186)...............................................  1298
      d. Holocaust Victims Redress Act (Public Law 105-158)......  1305
20. Japanese Imperial Government Disclosure Act of 2000 (Public 
    Law 106-567) (partial text)..................................  1309
21. To Locate and Secure the Return of Zachary Baumel (Public Law 
    106-89)......................................................  1313
22. Taiwan's Participation in the World Health Organization......  1315
      a. Participation of Taiwan in the World Health 
          Organization, 2003 (Public Law 108-28).................  1315
      b. Participation of Taiwan in the World Health 
          Organization, 2001 (Public Law 107-10).................  1317
      c. Participation of Taiwan in the World Health 
          Organization, 1999 (Public Law 106-137)................  1319
23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law 
    107-61)......................................................  1321
24. Investigation of Those Missing From Cyprus Since 1974 (Public 
    Law 103-372).................................................  1321
25. Proclamations................................................  1323
      a. Designating September 11 as Patriot Day (Public Law 107-
          89)....................................................  1323
      b. Free and Fair Elections in Peru (Public Law 106-186)....  1325
      c. Captive Nations Week (Public Law 86-90).................  1326
      d. Asian/Pacific American Heritage Month (Public Law 105-
          225) (partial text)....................................  1328

=======================================================================

 1. Provisions of Law Relating to Travel Outside the United States \1\
---------------------------------------------------------------------------

    \1\ See also Legislation on Foreign Relations Through 2005, vol. 
II-A, regarding passport laws and regulations.
---------------------------------------------------------------------------

     a. Reporting Requirements for House Interparliamentary Groups

Partial text of Public Law 86-628 [Legislative Branch Appropriation Act 
of 1961; H.R. 12232], 74 Stat. 446, approved July 12, 1960; as amended 
by Public Law 90-137 [S. 1872], 81 Stat. 445 at 463, approved November 
19, 1967; Public Law 94-59 [H.R. 6950], 89 Stat. 269, approved July 25, 
1975; Public Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 108 
  Stat. 4581, approved November 2, 1994; Public Law 104-186 [House of 
 Representatives Administrative Reform Technical Corrections Act; H.R. 
2739], 110 Stat. 1718, approved August 20, 1996; and Public Law 106-113 
  [Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501, 
                       approved November 29, 1999

AN ACT Making appropriations for the Legislative Branch for the fiscal 
           year ending June 30, 1961, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Legislative Branch 
for the fiscal year ending June 30, 1961, and for other 
purposes, namely:
          * * * * * * *
    Sec. 105.\2\ * * *
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 276c-1. Sec. 1104 of Public Law 94-59 (89 Stat. 299) 
amended and restated sec. 105.
---------------------------------------------------------------------------
    (b) Each chairman or senior member of the House of 
Representatives and Senate group or delegation of the United 
States group or delegation to the Interparliamentary Union, the 
NATO Parliamentary Assembly,\3\ the Canada-United States 
Interparliamentary Group, the Mexico-United States 
Interparliamentary Group, or any similar interparliamentary 
group of which the United States is a member or participates, 
by whom or on whose behalf local currencies owned by the United 
States are made available and expended and/or expenditures are 
made from funds appropriated for the expenses of such group or 
delegation, shall file with the chairman of the Committee on 
Foreign Relations of the Senate in the case of the group or 
delegation of the Senate, or with the chairman of the Committee 
on Foreign Affairs \4\ of the House of Representatives in the 
case of the group or delegation of the House, an itemized 
report showing all such expenditures made by or on behalf of 
each Member or employee of the group or delegation together 
with the purposes of the expenditure, including per diem 
(lodging and meals), transportation, and for other purposes. 
Within sixty days after the beginning of each regular session 
of Congress, the chairman of the Committee on Foreign Relations 
and the chairman of the Committee on Foreign Affairs \4\ shall 
prepare consolidated reports showing with respect to each such 
group or delegation the total amount expended, the purpose of 
the expenditures, the amount expended for each such purpose, 
the names of the Members or employees by or on behalf of whom 
the expenditures were made and the amount expended by or on 
behalf of each Member or employee for each such purpose. The 
consolidated reports prepared by the chairman of the Committee 
on Foreign Relations of the Senate shall be filed with the 
Secretary of the Senate, and the consolidated reports prepared 
by the chairman of the Committee on Foreign Affairs \4\ of the 
House shall be filed with the Clerk \5\ of the House and shall 
be open to public inspection.
---------------------------------------------------------------------------
    \3\ Sec. 701(b)(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1501A-459) struck out ``North Atlantic Assembly'' and inserted in 
lieu thereof ``NATO Parliamentary Assembly''.
    \4\ Sec. 9(a)(2) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \5\ Sec. 218(1) of Public Law 104-186 (110 Stat. 1747) struck out 
``Committee on House Administration'' and inserted in lieu thereof 
``Clerk''.
---------------------------------------------------------------------------
          * * * * * * *
                     b. Local Currency Availability

 Partial text of Public Law 83-665 [Mutual Security Act of 1954; H.R. 
9678], 68 Stat. 832, approved August 26, 1954; as amended by Public Law 
83-778 [H.R. 10051], 68 Stat. 1223, approved September 3, 1954; Public 
 Law 84-726 [H.R. 11356], 70 Stat. 560, approved July 18, 1956; Public 
 Law 85-477 [H.R. 12181], 72 Stat. 268, approved June 30, 1958; Public 
Law 85-766 [H.R. 13450], 72 Stat. 880, approved August 27, 1958; Public 
 Law 86-472 [H.R. 11510], 74 Stat. 138, approved May 14, 1960; Public 
 Law 86-628 [H.R. 12232], 74 Stat. 460, approved July 12, 1960; Public 
   Law 86-633 [H.R. 11380], 78 Stat. 1015, approved October 7, 1964; 
Public Law 93-126 [H.R. 7645], 87 Stat. 451, approved October 18, 1973; 
Public Law 93-371 [H.R. 14012], 88 Stat. 424, approved August 13, 1974; 
  Public Law 94-59 [H.R. 6950], 89 Stat. 269, approved July 25, 1975; 
  Public Law 94-157 [H.R. 10647], 89 Stat. 826, approved December 18, 
  1975; Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 12, 
 1976; Public Law 94-440 [H.R. 14238], 90 Stat. 1439, approved October 
1, 1976; Public Law 95-384 [S. 3750], 92 Stat. 730, approved September 
      26, 1978; and Public Law 104-186 [House of Representatives 
Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat. 
                     1718, approved August 20, 1996

AN ACT To promote the security and foreign policy of the United States 
 by furnishing assistance to friendly nations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Mutual Security Act of 1954''.
          * * * * * * *
    Sec. 502. * * *
    (b) \1\ (1)(A) Notwithstanding section 1415 of the 
Supplemental Appropriation Act, 1953, or any other provision of 
law--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1754(b). Sec. 22 of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 742) amended and 
restated subsec. (b).
---------------------------------------------------------------------------
          (i) local currencies owned by the United States which 
        are in excess of the amounts reserved under section 
        612(a) of the Foreign Assistance Act of 1961 and of the 
        requirements of the United States Government in payment 
        of its obligations outside of the United States, as 
        such requirements may be determined from time to time 
        by the President; and
          (ii) any other local currencies owned by the United 
        States in amounts not to exceed the equivalent of $75 
        per day per person or the maximum per diem allowance 
        established under the authority of subchapter I of 
        chapter 57 of title 5 of the United States Code for 
        employees of the United States Government while 
        traveling in a foreign country, whichever is greater, 
        exclusive of the actual cost of transportation;
shall be made available to Members and employees of the 
Congress for their local currency expenses when authorized as 
provided in subparagraph (B).
    (B) The authorization required for purposes of subparagraph 
(A) may be provided--
          (i) by the Speaker of the House of Representatives in 
        the case of a Member or employee of the House;
          (ii) by the chairman of a standing or select 
        committee of the House of Representatives in the case 
        of a member or employee of that committee;
          (iii) by the President of the Senate, the President 
        pro tempore of the Senate, the Majority Leader of the 
        Senate, or the Minority Leader of the Senate, in the 
        case of a Member or employee of the Senate;
          (iv) by the chairman of a standing, select, or 
        special committee of the Senate in the case of a member 
        or employee of that committee or of an employee of a 
        member of that committee; and
          (v) by the chairman of a joint committee of the 
        Congress in the case of a member or employee of that 
        committee.
    (C) Whenever local currencies owned by the United States 
are not otherwise available for purposes of this subsection, 
the Secretary of the Treasury shall purchase such local 
currencies as may be necessary for such purposes, using any 
funds in the Treasury not otherwise appropriated.
    (2) On a quarterly basis, the chairman of each committee of 
the House of Representatives or the Senate and of each joint 
committee of the Congress (A) shall prepare a consolidated 
report (i) which itemizes the amounts and dollar equivalent 
values of each foreign currency expended and the amounts of 
dollar expenditures from appropriated funds in connection with 
travel outside the United States, stating the purposes of the 
expenditures including per diem (lodging and meals), 
transportation, and other purposes, and (ii) which shows the 
total itemized expenditures, by such committee and by each 
member or employee of such committee (including in the case of 
a committee of the Senate, each employee of a member of the 
committee who received an authorization under paragraph (1) 
from the chairman of the committee); and (B) shall forward such 
consolidated report to the Clerk of the House of 
Representatives (if the committee is a committee of the House 
of Representatives or a joint committee whose funds are 
disbursed by the Chief Administrative Officer \2\ of the House) 
or to the Secretary of the Senate (if the committee is a 
committee of the Senate or a joint committee whose funds are 
disbursed by the Secretary of the Senate). Each such 
consolidated report shall be open to public inspection and 
shall be published in the Congressional Record within ten 
legislative days after the report is forwarded pursuant to this 
paragraph. In the case of the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives, such consolidated 
report may, in the discretion of the chairman of the committee, 
omit such information as would identify the foreign countries 
in which members and employees of that committee traveled.
---------------------------------------------------------------------------
    \2\ Sec. 218(2) of Public Law 104-186 (110 Stat. 1747) struck out 
``Clerk'' and inserted in lieu thereof ``Chief Administrative 
Officer''.
---------------------------------------------------------------------------
    (3)(A) Each Member or employee who receives an 
authorization under paragraph (1) from the Speaker of the House 
of Representatives, the President of the Senate, the President 
pro tempore of the Senate, the Majority Leader of the Senate, 
or the Minority Leader of the Senate, shall within thirty days 
after the completion of the travel involved, submit a report 
setting forth the information specified in paragraph (2), to 
the extent applicable, to the Clerk of the House of 
Representatives (in the case of a Member of the House or an 
employee whose salary is disbursed by the Chief Administrative 
Officer \2\ of the House) or the Secretary of the Senate (in 
the case of a Member of the Senate or an employee whose salary 
is disbursed by the Secretary of the Senate). In the case of an 
authorization for a group of Members or employees, such reports 
shall be submitted for all Members of the group by its 
chairman, or if there is no designated chairman, by the ranking 
Member or if the group does not include a Member, by the senior 
employee in the group. Each report submitted pursuant to this 
subparagraph shall be open to public inspection.
    (B) On a quarterly basis, the Clerk of the House of 
Representatives and the Secretary of the Senate shall each 
prepare a consolidation of the reports received by them under 
this paragraph with respect to expenditures during the 
preceding quarter by each Member and employee or by each group 
in the case of expenditures made on behalf of a group which are 
not allocable to individual members of the group. Each such 
consolidation shall be open to public inspection and shall be 
published in the Congressional Record within ten legislative 
days after its completion.
          * * * * * * *
      c. Availability of Funds for Field Examination of Estimates

  Partial text of Public Law 83-207 [H.R. 6200], 67 Stat. 418 at 438, 
                        approved August 7, 1953

 AN ACT Making supplemental appropriations for the fiscal year ending 
                 June 30, 1954, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to supply supplemental 
appropriations (this Act may be cited as the ``Supplemental 
Appropriations Act, 1954'') for the fiscal year ending June 30, 
1954, and for other purposes, namely:
          * * * * * * *
    Sec. 1108. * * *
    (g) \1\ Amounts available under law are available for field 
examinations of appropriation estimates. The use of the amounts 
is subject only to regulations prescribed by the appropriate 
standing committees of Congress.
---------------------------------------------------------------------------
    \1\ As originally enacted in Public Law 83-207, this provision was 
codified at 31 U.S.C. 22a. Public Law 97-258 (96 Stat. 913) recodified 
title 31, changed this provision to 31 U.S.C. 1108(g), and amended the 
text.
    2. Legislation Authorizing U.S. Participation in Parliamentary 
                              Conferences

                      a. Interparliamentary Union

                    (1) Participation Authorization

 Public Law 74-170 [S. 2276], 49 Stat. 425, approved June 28, 1935; as 
amended by Public Law 80-409 [S. 1005], 62 Stat. 19, approved February 
 6, 1948; Public Law 85-477 [H.R. 12181], 72 Stat. 272, approved June 
20, 1958; Public Law 87-195 [S. 1983], 75 Stat. 465, approved September 
 4, 1961; Public Law 87-56 [S. 2996], 76 Stat. 263, approved August 1, 
 1962; Public Law 88-633 [H.R. 11380], 87 Stat. 1014, approved October 
 7, 1964; Public Law 90-137 [S. 1872], 81 Stat. 463, approved November 
 14, 1967; Public Law 92-226 [S. 2819], 86 Stat. 34, approved February 
7, 1972; Public Law 93-126 [H.R. 7645], 87 Stat. 452, approved October 
18, 1973; Public Law 94-141 [S. 1517], 89 Stat. 756, approved November 
 29, 1975; Public Law 95-45 [H.R. 5040], 91 Stat. 221 as 223, approved 
  June 15, 1977; Public Law 95-426 [H.R. 12598], 92 Stat. 963 at 994, 
    approved October 7, 1978; Public Law 103-437 [U.S.C. Technical 
Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; and 
 Public Law 105-277 [Foreign Relations Authorization Act, Fiscal Years 
1998 and 1999; H.R. 4328], 112 Stat. 2681 at 2681-801, approved October 
                                21, 1998

     AN ACT To authorize participation by the United States in the 
                      Interparliamentary Union.\1\

      
---------------------------------------------------------------------------
    \1\ Formerly at 22 U.S.C. 276-276a-4.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Sec. 2503 of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (Public Law                           ``
                           ``(a) Interparliamentary Union Limitation.--Unless the Secretary of State certifies to Congress that
                          the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of
                          Interparliamentary Union during fiscal year 1999, then effective October 1, 1999, the authority for
                          further participation by the United States in the Bureau shall terminate in accordance with subsection
                          (d).
                           ``(b) * * *
                           ``(c) * * *
                           ``(d) Conditional Termination of Authority.--Unless Congress receives the certification described in
                          subsection (a) before October 1, 1999, effective on that date the Act entitled `An Act to authorize
                          participation by the United States in the Interparliamentary Union', approved June 28, 1935 (22 U.S.C.
                          276-276a-4) is repealed.
                           ``(e) Transfer of Funds to the Treasury.--Unobligated balances of appropriations made under section
                          303 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies
                          Appropriations Act, 1988; Public Law 100-202) that are available as of the day before the date of
                          enactment of this Act shall be transferred on such date to the general fund of the Treasury of the
                          United States.''.
                           The Secretary of State did not make the required certification and Public Law 74-170 was repealed.--------------------------------------------------------------------------------------------------------------------------------------------------------


      
       (2) Designation of Senate Delegates to Conferences of the 
                      Interparliamentary Union \1\

Public Law 85-474 [Departments of State and Justice, the Judiciary, and 
Related Agencies Appropriations Act of 1959; H.R. 12428], 72 Stat. 244 
  at 246, approved June 30, 1958; as amended by Public Law 94-141 [S. 
            1517], 89 Stat. 756, approved November 29, 1975

          * * * * * * *

                          DEPARTMENT OF STATE

          * * * * * * *

              International Organizations and Conferences

          * * * * * * *

                missions to international organizations

     * * * Provided, That, hereafter, Senate delegates to 
Conferences of the Interparliamentary Union shall be designated 
by the Presiding Officer of the Senate. Not less than two 
Senators so designated shall be members of the Committee on 
Foreign Relations.\2\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276c.
    \2\ Sec. 204(c) of Public Law 94-141 (89 Stat. 762) added this 
sentence.
 b. Requirements Relating to Funds for International Organizations and 
                              Conferences

Partial text of Public Law 99-415 [Anglo-Irish Agreement Support Act of 
      1986; H.R. 4329], 100 Stat. 947, approved September 19, 1986

 AN ACT To authorize United States contributions to the International 
 Fund established pursuant to the November 15, 1985, agreement between 
      the United Kingdom and Ireland, as well as other assistance.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR ``INTERNATIONAL ORGANIZATION 
                    AND CONFERENCES''.

    (a) Disbursements, Audits, and Reports.--The provisions 
relating to disbursements on vouchers, audits, and submission 
of reports with respect to expenditures pursuant to the Joint 
Resolution of July 11, 1956 (Public Law 689),\1\ shall also 
apply with respect to expenditures pursuant to section 109(c) 
\2\ of the Act of November 22, 1983 (Public Law 98-164).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928a-1928e.
    \2\ 97 Stat. 1019.
---------------------------------------------------------------------------
          * * * * * * *
         c. Interparliamentary Groups--Permanent Appropriations

 Partial text of Public Law 100-202 [Department of State Appropriation 
Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; 
   as amended by Public Law 100-459 [Department of State and Related 
Agencies Appropriations Act, 1989; H.R. 4782], 102 Stat. 2207, approved 
 October 1, 1988; Public Law 101-515 [Department of State and Related 
Agencies Appropriations Act, 1991; H.R. 5021], 104 Stat. 2128, approved 
    November 5, 1990; Public Law 105-277 [Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 
 2681, approved October 21, 1998; and Public Law 107-77 [Department of 
  State and Related Agency Appropriations Act, 2002; H.R. 2500], 115 
                 Stat. 790, approved November 28, 2001

          * * * * * * *
    Sec. 303.\1\ There is hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, a total of $350,000 
for each fiscal year to carry out (in accordance with the 
respective authorization amounts) \2\ section 2(2) of Public 
Law 84-689, section 2 of Public Law 86-42, section 2 of Public 
Law 86-420, and section 109 (b) and (c) of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985. These 
funds may be disbursed to each delegation, pursuant to vouchers 
in accordance with the applicable provisions of law, at any 
time requested by the Chairman of the delegation after that 
fiscal year begins.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276e note. Sec. 408(a) of the Department of State and 
Related Agency Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 
790), sought to strike out ``$440,000'' and insert in lieu thereof 
``$620,000''. Sec. 2503(c)(1) of Public Law 105-277 (112 Stat. 2681-
837), however, had previously struck out ``$440,000'' and inserted in 
lieu thereof ``$350,000''. The 2002 amendment is, thus, not executed.
    Previously, sec. 303 of Public Law 100-459 (102 Stat. 2207), struck 
out ``$290,000'' and inserted in lieu thereof ``$340,000'', and added 
``, and section 109(c) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985.'' after ``Public Law 86-420.'' Further 
amended by Public Law 101-515 (104 Stat. 2128), which struck out 
``$340,000'' and inserted in lieu thereof ``$440,000'', and further 
struck out ``section 109(c) of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985'' and inserted in lieu thereof 
``section 109 (b) and (c) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985''.
    \2\ Sec. 2503(c)(2) of Public Law 105-277 (112 Stat. 2681-837) 
struck out ``paragraph (2) of the first section of Public Law 74-170,'' 
following ``(in accordance with the respective authorization 
amounts)''.
   d. United States-Europe Interparliamentary Groups--Appropriations 
                             Authorization

 Partial text of Public Law 98-164 [Department of State Authorization 
 Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved 
November 22, 1983; as amended by Public Law 99-93 [H.R. 2068], 99 Stat. 
405, approved August 16, 1985; Public Law 99-415 [Anglo-Irish Agreement 
Support Act of 1986, H.R. 4329], 100 Stat. 949, approved September 19, 
 1986; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989, H.R. 1777], 101 Stat. 1331, approved December 22, 
1987; Public Law 100-459 [Department of State Appropriations Act, 1989; 
 H.R. 4782], 102 Stat. 2186 at 2207, approved October 1, 1988; Public 
Law 101-515 [Department of State Appropriations Act, 1991; H.R. 5021], 
   104 Stat. 2101, approved November 5, 1990; and Public Law 107-77 
   [Departments of Commerce, Justice, and State, the Judiciary, and 
 Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748, 
                       approved November 28, 2001

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                      TITLE I--DEPARTMENT OF STATE

          * * * * * * *

                       interparliamentary groups

    Sec. 109.\1\ (a) * * *
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276l note.
---------------------------------------------------------------------------
    (b) There are authorized to be appropriated each fiscal 
year $100,000, to be equally divided between delegations of the 
Senate and the House of Representatives, to assist in \2\ 
meeting the expenses of the United States Group \3\ of the 
British-American Parliamentary Group which is to be held in the 
United States.
---------------------------------------------------------------------------
    \2\ Sec. 304(b)(1) of Public Law 101-515 (104 Stat. 2128) struck 
out ``Of the amount appropriated for the purposes authorized by the 
amendment made by subsection (a) of this section, up to $25,000 may be 
used to meet the expenses incurred in hosting the spring 1984'', and 
inserted in lieu thereof ``There are authorized to be appropriated each 
fiscal year $50,000, to be equally divided between delegations of the 
Senate and the House of Representatives, to assist in''.
    Sec. 408(b)(4) of the Department of State and Related Agency 
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 791), struck out 
``$50,000'' and inserted in lieu thereof ``$100,000''. Sec. 408(c) of 
that Act provided the following:
    ``(c) Notwithstanding any other provision of law, whenever either 
the House of Representatives or the Senate does not appoint its 
allotment of members as part of the American delegation or group to a 
conference or assembly of the British-American Interparliamentary 
Group, the Conference on Security and Cooperation in Europe (CSCE), the 
Mexico-United States Interparliamentary Group, the North Atlantic 
Assembly, or any similar interparliamentary group of which the United 
States is a member or participates and so notifies the other body of 
Congress, the other body may make appointments to complete the 
membership of the American delegation. Any appointment pursuant to this 
section shall be for the period of such conference or assembly and the 
body of Congress making such an appointment shall be responsible for 
the expenses of any member so appointed. Any such appointment shall be 
made in the same manner in which other appointments to the delegation 
by such body of Congress are made.''.
    \3\ Sec. 304(b)(2) of Public Law 101-515 (104 Stat. 2128) inserted 
``the expenses of the United States Group'' after ``meeting''.
---------------------------------------------------------------------------
    (c) \4\ There are authorized to be appropriated for each 
fiscal year $50,000 for expenses of United States participation 
in the United States-European Community Interparliamentary 
Group.
---------------------------------------------------------------------------
    \4\ Sec. 303(b) of the Department of State Appropriations Act, 1989 
(Public Law 100-459; 102 Stat. 2207), extensively amended subsec. (c), 
to take effect October 1, 1988.  It formerly read as follows:
    ``Of the amounts authorized to be appropriated for each fiscal year 
for `International Organizations and Conferences' $50,000 may be used 
for expenses of United States participation in the United States-
European Community Interparliamentary Group.''.
    Subsec. (c) was amended previously by sec. 7(b) of Public Law 99-
415 (100 Stat. 949).
      
---------------------------------------------------------------------------
          * * * * * * *
    e. British-American Interparliamentary Group; Participation in 
            Conference on Security and Cooperation in Europe

  Partial text of Public Law 102-138 [Foreign Relations Authorization 
 Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved 
                            October 28, 1991

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                      TITLE I--DEPARTMENT OF STATE

          * * * * * * *

                  PART E--INTERNATIONAL ORGANIZATIONS

          * * * * * * *

SEC. 168.\1\ BRITISH-AMERICAN INTERPARLIAMENTARY GROUP.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 276l.
---------------------------------------------------------------------------
  (a) Establishment and Meetings.--Not to exceed 24 Members of 
Congress shall be appointed to meet annually and when the 
Congress is not in session (except that this restriction shall 
not apply to meetings held in the United States), with 
representatives of the House of Commons and the House of Lords 
of the Parliament of Great Britain for discussion of common 
problems in the interest of relations between the United States 
and Great Britain. The Members of Congress so appointed shall 
be referred to as the ``United States group'' of the United 
States Interparliamentary Group.
  (b) Appointment of Members.--Of the Members of Congress 
appointed for purposes of this section--
          (1) half shall be appointed by the Speaker of the 
        House of Representatives from among Members of the 
        House (not less than 4 of whom shall be members of the 
        Committee on Foreign Affairs),\2\ and
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) half shall be appointed by the President Pro 
        Tempore of the Senate, upon recommendations of the 
        majority and minority leaders of the Senate, from among 
        Members of the Senate (not less than 4 of whom shall be 
        members of the Committee on Foreign Relations) unless 
        the majority and minority leaders of the Senate 
        determine otherwise.
  (c) Chair and Vice Chair.--(1) The Chair or Vice Chair of the 
House delegation of the United States group shall be a member 
from the Committee on Foreign Affairs.\2\
  (2) The President Pro Tempore of the Senate shall designate 
the Chair or Vice Chair of the Senate delegation.
  (d) Funding.--There is authorized to be appropriated $50,000 
for each fiscal year to assist in meeting the expenses of the 
United States group for each fiscal year for which an 
appropriation is made, half of which shall be for the House 
delegation and half of which shall be for the Senate 
delegation. The House and Senate portions of such 
appropriations shall be disbursed on vouchers to be approved by 
the Chair of the House delegation and the Chair of the Senate 
delegation, respectively.
  (e) Certification of Expenditures.--The certificate of the 
Chair of the House delegation or the Senate delegation of the 
United States group shall be final and conclusive upon the 
accounting officers in the auditing of the accounts of the 
United States group.
  (f) Annual Report.--The United States group shall submit to 
the Congress a report for each fiscal year for which an 
appropriation is made for the United States group, which shall 
include its expenditures under such appropriation.
  (g) \3\ Interparliamentary Conference of North Atlantic 
Assembly. * * *
---------------------------------------------------------------------------
    \3\ Subsec. (g) amended sec. 5 of the ``Joint resolution to 
authorize participation by the United States in parliamentary 
conferences of the North Atlantic Treaty Organization'', approved July 
11, 1956 (22 U.S.C. 1928e).
---------------------------------------------------------------------------

SEC. 169.\4\ UNITED STATES DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF 
                    THE CONFERENCE ON SECURITY AND COOPERATION IN 
                    EUROPE (CSCE).

  (a) Establishment.--In accordance with the allocation of 
seats to the United States in the Parliamentary Assembly of the 
Conference on Security and Cooperation in Europe (hereinafter 
referred to as the ``CSCE Assembly'') not to exceed 17 Members 
of Congress shall be appointed to meet jointly and annually 
with representative parliamentary groups from other Conference 
on Security and Cooperation in Europe (CSCE) member-nations for 
the purposes of--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 276m. See also Legislation on Foreign Relations 
Through 2005, vol. II-B.
---------------------------------------------------------------------------
          (1) assessing the implementation of the objectives of 
        the CSCE;
          (2) discussing subjects addressed during the meetings 
        of the Council of Ministers for Foreign Affairs and the 
        biennial Summit of Heads of State or Government;
          (3) initiating and promoting such national and 
        multilateral measures as may further cooperation and 
        security in Europe.
  (b) Appointment of Delegation.--For each meeting of the CSCE 
Assembly, there shall be appointed a United States Delegation, 
as follows:
          (1) In 1992 and every even-numbered year thereafter, 
        9 Members shall be appointed by the Speaker of the 
        House from Members of the House (not less than 4 of 
        whom, including the Chairman of the United States 
        Delegation, shall be from the Committee on Foreign 
        Affairs); \2\ and 8 Members shall, upon recommendations 
        of the Majority and Minority leaders of the Senate, be 
        appointed by the President Pro Tempore of the Senate 
        from Members of the Senate (not less than 4 of whom, 
        including the Vice Chairman of the United States 
        Delegation, shall be from the Committee on Foreign 
        Relations, unless the President Pro Tempore of the 
        Senate, upon recommendations of the Majority and 
        Minority leaders of the Senate, determines otherwise).
          (2) In every odd-numbered year beginning in 1993, 9 
        Members shall, upon recommendation of the Majority and 
        Minority Leaders of the Senate, be appointed by the 
        President Pro Tempore of the Senate from Members of the 
        Senate (not less than 4 of whom, including the Chairman 
        of the United States Delegation, shall be from the 
        Committee on Foreign Relations, unless the President 
        Pro Tempore of the Senate, upon recommendations of the 
        Majority and Minority leaders of the Senate, determines 
        otherwise); and 8 Members shall be appointed by the 
        Speaker of the House from Members of the House (not 
        less than 4 of whom, including the Vice Chairman, shall 
        be from the Committee on Foreign Affairs).\2\
  (c) Administrative Support.--For the purpose of providing 
general staff support and continuity between successive 
delegations, each United States Delegation shall have 2 
secretaries (one of whom shall be appointed by the Chairman of 
the Committee on Foreign Affairs \2\ of the House of 
Representatives and one of whom shall be appointed by the 
Chairman of the Delegation of the Senate).
  (d) Funding.--
          (1) United States Participation.--There is authorized 
        to be appropriated for each fiscal year $80,000 to 
        assist in meeting the expenses of the United States 
        delegation. For each fiscal year for which an 
        appropriation is made under this subsection, half of 
        such appropriation may be disbursed on voucher to be 
        approved by the Chairman and half of such appropriation 
        may be disbursed on voucher to be approved by the Vice 
        Chairman.
          (2) Availability of Appropriations.--Amounts 
        appropriated pursuant to this subsection are authorized 
        to be available until expended.
  (e) Annual Report.--The United States Delegation shall, for 
each fiscal year for which an appropriation is made, submit to 
the Congress a report including its expenditures under such 
appropriation. The certificate of the Chairman and Vice 
Chairman of the United States Delegation shall be final and 
conclusive upon the accounting officers in the auditing of the 
accounts of the United States Delegation.
          * * * * * * *
            f. Mexico-United States Interparliamentary Group

Public Law 86-420 [H.J. Res. 283], 74 Stat. 40, approved April 9, 1960; 
as amended by Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 
12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 222, approved June 15, 
  1977; Public Law 101-515 [Department of State Appropriations, 1991; 
 H.R. 5021], 104 Stat. 2101, approved November 5, 1990; Public Law 103-
 236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; 
H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-437 
  [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581, approved 
   November 2, 1994; and Public Law 107-77 [Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
    Act, 2002; H.R. 2500], 115 Stat. 748, approved November 28, 2001

  JOINT RESOLUTION To authorize participation by the United States in 
                 parliamentary conferences with Mexico.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That not \1\ to 
exceed twenty-four Members of Congress shall be appointed to 
meet jointly and at least annually with representatives of the 
Chamber of Deputies and Chamber of Senators of the Mexican 
Congress for discussion of common problems in the interests of 
relations between the United States and Mexico. Of the Members 
of the Congress to be appointed for the purposes of this 
resolution (hereinafter designated as the United States group) 
half shall be appointed by the Speaker of the House from 
Members of the House (not less than four of whom shall be from 
the Foreign Affairs \2\ Committee), and half shall be appointed 
by the President of the Senate upon recommendations of the 
majority and minority leaders of the Senate \3\ from Members of 
the Senate (not less than four of whom shall be from the 
Foreign Relations Committee). Such appointments shall be for 
the period of each meeting of the Mexico-United States 
Interparliamentary group except for the four members of the 
Foreign Affairs \2\ Committee, and the four members of the 
Foreign Relations Committee, whose appointment shall be for the 
duration of each Congress. The Chairman or Vice Chairman of the 
House delegation shall be a Member from the Foreign Affairs 
Committee, and, unless the President of the Senate, upon the 
recommendation of the Majority Leader, determines otherwise, 
the Chairman or Vice Chairman of the Senate delegation shall be 
a Member from the Foreign Relations Committee.\4\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276h.
    \2\ Sec. 9(a)(4) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Previously, sec. 4(b) of Public Law 95-45 (91 Stat. 222) had 
struck out ``Foreign Affairs'' and inserted in lieu thereof 
``International Relations''.
    \3\ Sec. 4(b)(1) of Public Law 95-45 (91 Stat. 222) inserted ``upon 
recommendations of the majority and minority leaders of the Senate.''
    \4\ Sec. 4(b)(3) of Public Law 94-45 (91 Stat. 222) added this 
sentence.
---------------------------------------------------------------------------
    Sec. 2.\5\ An appropriation of $120,000 \6\ annually is 
authorized, $60,000 \6\ of which shall be for the House 
delegation and $60,000 \6\ for the Senate delegation, or so 
much thereof as may be necessary to assist in meeting the 
expenses of the United States group of the Mexico-United States 
Interparliamentary group for each fiscal year for which an 
appropriation is made, the House and Senate portions of such 
appropriation to be disbursed on vouchers to be approved by the 
Chairman of the House delegation and the Chairman of the Senate 
delegation, respectively.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 276i.
    \6\ Sec. 408(b)(2) of the Department of State and Related Agency 
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 790), 
substituted ``$120,000'', ``$60,000'', and ``$60,000'', in lieu of 
``$80,000'', ``$40,000'', and ``$40,000'', respectively. Previously, 
sec. 502(a)(1) of Public Law 103-236 (108 Stat. 461) substituted 
``$80,000'', ``$40,000'', and ``$40,000'' in lieu of ``$100,000'', 
``$50,000'', and ``$50,000'', respectively. Previously, sec. 304(c) of 
Public Law 101-515 (104 Stat. 2129) substituted ``$100,000'', 
``$50,000'', and ``$50,000'' in lieu of ``$50,000'', ``$25,000'', and 
``$25,000'' respectively; and sec. 118(b) of the Foreign Relations 
Authorization Act Fiscal Year 1977 (Public Law 94-350) substituted 
``$50,000'', ``$25,000'', and ``$25,000'' in lieu of ``$30,000'', 
``$15,000'', and ``$15,000'' respectively.
---------------------------------------------------------------------------
    Sec. 3.\7\ The United States group of the Mexico-United 
States Interparliamentary group shall submit to the Congress a 
report for each fiscal year for which an appropriation is made 
including its expenditures under such appropriation.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 276j.
---------------------------------------------------------------------------
    Sec. 4.\8\ The certificate of the Chairman of the House 
delegation or the Senate delegation of the Mexico-United States 
Interparliamentary group shall hereafter be final and 
conclusive upon the accounting officers in the auditing of the 
accounts of the United States group of the Mexico-United States 
Interparliamentary group.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 276k.
            g. Canada-United States Interparliamentary Group

Public Law 86-42 [H.J. Res. 254], 73 Stat. 72, approved June 11, 1959; 
as amended by Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 
 12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221 at 222, approved 
June 15, 1977; Public Law 103-236 [Foreign Relations Authorization Act, 
 Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 
30, 1994; Public Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 
   108 Stat. 4581, approved November 2, 1994; and Public Law 107-77 
   [Departments of Commerce, Justice, and State, the Judiciary, and 
 Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748, 
                       approved November 28, 2001

  JOINT RESOLUTION To authorize participation by the United States in 
                 parliamentary conference with Canada.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That not \1\ to 
exceed twenty-four Members of Congress shall be appointed to 
meet jointly and at least annually and when Congress is not in 
session (except that this restriction shall not apply during 
the first session of the Eighty-sixth Congress or to meetings 
held in the United States) with representatives of the House of 
Commons and Senate of the Canadian Parliament for discussion of 
common problems in the interests of relations between the 
United States and Canada. Of the Members of the Congress to be 
appointed for the purposes of this resolution (hereinafter 
designated as the United States group) half shall be appointed 
by the Speaker of the House from Members of the House (not less 
than four of whom shall be from the Foreign Affairs \2\ 
Committee), and half shall be appointed by the President of the 
Senate upon recommendations of the majority and minority 
leaders of the Senate \3\ from Members of the Senate (not less 
than four of whom shall be from the Foreign Relations 
Committee).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276d.
    \2\ Sec. 9(a)(3) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Previously, sec. 4(a) of Public Law 95-45 (91 Stat. 222) had 
struck out ``Foreign Affairs'' and inserted in lieu thereof 
``International Relations''.
    \3\ Sec. 4(a)(1) of Public Law 95-45 (91 Stat. 222) inserted ``upon 
recommendations of the majority and minority leaders of the Senate.''.
---------------------------------------------------------------------------
    Such appointments shall be for a period of each meeting of 
the Canada-United States Interparliamentary group except for 
the four members of the Foreign Affairs \2\ Committee and the 
four members of the Foreign Relations Committee, whose 
appointments shall be for the duration of each Congress.
    The Chairman or Vice Chairman of the House delegation shall 
be a Member from the International Relations Committee, and, 
unless the President of the Senate, upon the recommendation of 
the Majority Leader, determines otherwise, the Chairman or Vice 
Chairman of the Senate delegation shall be a Member from the 
Foreign Relations Committee.\4\
---------------------------------------------------------------------------
    \4\ Sec. 4(a)(3) of Public Law 95-45 (91 Stat. 222) added this 
paragraph.
---------------------------------------------------------------------------
    Sec. 2.\5\ An appropriation of $150,000 \6\ annually is 
authorized, $75,000 \6\ of which shall be for the House 
delegation and $75,000 \6\ for the Senate delegation, or so 
much thereof as may be necessary, to assist in meeting the 
expenses of the United States group of the Canada-United States 
Interparliamentary group for each fiscal year for which an 
appropriation is made, the House and Senate portions of such 
appropriation to be disbursed on vouchers to be approved by the 
Chairman of the House delegation and the Chairman of the Senate 
delegation, respectively.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 276e.
    \6\ Sec. 408(b)(3) of the Department of State and Related Agency 
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 791) substituted 
``$150,000'', ``$75,000'', and ``$75,000'' in lieu of ``$70,000'', 
``$35,000'', and ``$35,000'', respectively. Previously, sec. 502(a)(2) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 462) substituted ``$70,000'', 
``$35,000'', and ``$35,000'' in lieu of ``$50,000'', ``$25,000'', and 
``$25,000'', respectively. Previously, sec. 118(a) of the Foreign 
Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350), 
substituted ``$50,000'', ``$25,000'', and ``$25,000'' in lieu of 
``$30,000'', ``$15,000'', and ``$15,000'', respectively.
---------------------------------------------------------------------------
    Sec. 3.\7\ The United States group of the Canada-United 
States Interparliamentary group shall submit to the Congress a 
report for each fiscal year for which an appropriation is made 
including its expenditures under such appropriation.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 276f.
---------------------------------------------------------------------------
    Sec. 4.\8\ The certificate of the Chairman of the House 
delegation or the Senate delegation of the Canada-United States 
Interparliamentary group shall hereafter be final and 
conclusive upon the accounting officers in the auditing of the 
accounts of the United States group of the Canada-United States 
Interparliamentary group.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 276g.
       h. United States Group of the NATO Parliamentary Assembly

  Public Law 84-689 [H.J. Res. 501], 70 Stat. 523, approved July 11, 
   1956; as amended by Public Law 85-477 [H.R. 12181], 72 Stat. 261, 
 approved June 30, 1958; Public Law 88-205 [H.R. 7885], 77 Stat. 379, 
approved December 16, 1963; Public Law 90-137 [S. 1782], 81 Stat. 445, 
approved November 14, 1967; Public Law 94-350 [S. 3168], 90 Stat. 823, 
 approved July 12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221 at 
  222, approved June 15, 1977; Public Law 98-164 [Department of State 
  Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
     1017 at 1019, approved November 22, 1983; Public Law 100-202 
  [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329 at 
   1329-23, approved December 22, 1987; Public Law 100-204 [Foreign 
 Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 
101 Stat. 1331 at 1396, approved December 22, 1987; Public Law 102-138 
[Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 
1415], 105 Stat. 647 at 677, approved October 28, 1991; Public Law 103-
437 [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581, approved 
 November 2, 1994; Public Law 106-113 [Admiral James W. Nance and Meg 
  Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
   2001; H.R. 3427], 113 Stat. 1536, approved November 23, 1999; and 
  Public Law 107-77 [Departments of Commerce, Justice, and State, the 
 Judiciary, and Related Agencies Appropriations Act, 2002; H.R. 2500], 
               115 Stat. 748, approved November 28, 2001

  JOINT RESOLUTION To authorize participation by the United States in 
  parliamentary conferences of the North Atlantic Treaty Organization.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That not \1\ to 
exceed twenty-four \2\ Members of Congress shall be appointed 
to meet jointly and annually \3\ with representative 
parliamentary groups from other NATO (North Atlantic Treaty 
Organization) members, for discussion of common problems in the 
interests of the maintenance of peace and security in the North 
Atlantic area. Of the Members of the Congress to be appointed 
for the purposes of this resolution (hereinafter designated as 
the ``United States Group''), half shall be appointed by the 
Speaker of the House from Members of the House (not less than 
four of whom shall be from the Committee on Foreign 
Affairs),\4\, \5\ and half shall be appointed by the 
President of the Senate upon recommendations of the majority 
and minority leaders of the Senate \6\ from Members of the 
Senate. Not more than seven of the appointees from the Senate 
shall be of the same political party.\7\ The Chairman or Vice 
Chairman of the House delegation shall be a Member from the 
Foreign Affairs Committee,\5\ and, unless the President of the 
Senate, upon the recommendation of the Majority Leader, 
determines otherwise, the Chairman or Vice Chairman of the 
Senate delegation shall be a Member from the Foreign Relations 
Committee.\8\ Each delegation shall have a secretary. The 
secretaries of the Senate and House delegations shall be 
appointed, respectively, by the chairman of the Committee on 
Foreign Relations of the Senate and the chairman of the 
Committee on Foreign Affairs of the House of 
Representatives.\9\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928a.
    \2\ Sec. 4(c)(1) of Public Law 95-45 (91 Stat. 222) struck out 
``eighteen'' and inserted in lieu thereof ``twenty-four''.
    \3\ Public Law 88-205 (77 Stat. 379) struck out ``and when Congress 
is not in session,'' which previously appeared at this point.
    \4\ Sec. 4(c)(2) of Public Law 95-45 (91 Stat. 222) added the 
parenthetical text.
    \5\ Sec. 9(a)(5) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \6\ Sec. 4(c)(2) of Public Law 95-45 (91 Stat. 222) inserted ``upon 
recommendations of the majority and minority leaders of the Senate''.
    \7\ Sec. 4(c)(3) of Public Law 95-45 (91 Stat. 222) amended and 
restated this sentence, which previously read as follows:
    ``Not more than five of the appointees from the respective Houses 
shall be of the same political party''.
    \8\ Sec. 4(c)(4) of Public Law 94-45 (91 Stat. 222) added this 
sentence.
    \9\ Sec. 744 of Public Law 100-204 (101 Stat. 1396) added the two 
preceding sentences.
---------------------------------------------------------------------------
    Sec. 2.\10\ There is authorized to be appropriated annually 
(1) \11\ for the annual contribution of the United States 
toward the maintenance of the NATO Parliamentary Assembly,\12\ 
such sum as may be agreed upon by the United States Group and 
approved by such Assembly,\12\ but in no event to exceed for 
any year an amount equal to 25 per centum of the total annual 
contributions made for that year by all members of the North 
Atlantic Treaty Organization toward the maintenance of such 
Assembly,\12\ and (2) \11\ $200,000, $100,000 for the House 
delegation and $100,000 for the Senate delegation,\13\ or so 
much thereof as may be necessary, to assist in meeting the 
expenses of the United States group of the NATO Parliamentary 
Assembly \12\ for each fiscal year for which an appropriation 
is made, such appropriation to be dispersed on voucher to be 
approved by the Chairman of the House delegation and the 
Chairman of the Senate delegation.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1928b.
    \11\ Sec. 303 of Title II of the Department of State Appropriation 
Act, 1988 (sec. 101(a) of the Continuing Appropriations, 1988, Public 
Law 100-202; 101 Stat. 1329-23), struck out ``annually'' and inserted 
in lieu thereof ``annually (1)'' and added ``(2)'' after ``and''.
    \12\ Public Law 90-137 (81 Stat. 463) struck out ``The North 
Atlantic Treaty Organization Parliamentary Conference'' and inserted in 
lieu thereof ``North Atlantic Assembly''. Public Law 90-137 further 
struck out ``such Conference'' and inserted in lieu thereof ``such 
Assembly''. Subsequently, sec. 701(b)(1) of Public Law 106-113 (113 
Stat. 1537-451) struck out ``North Atlantic Assembly and inserted in 
lieu thereof ``NATO Parliamentary Assembly''.
    \13\ Sec. 408(b)(1) of the Department of State and Related Agency 
Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 790), amended 
the amounts authorized to be appropriated, which formerly read 
``$100,000'', ``$50,000'', and ``$50,000'' respectively. Previously, 
sec. 303 of Title III of Continuing Appropriations, Fiscal Year 1988 
(Public Law 100-202; 101 Stat 1329-23), amended the amounts authorized 
to be appropriated which formerly read ``$50,000, $25,000 for the House 
delegation and $25,000 for the Senate delegation'' (as authorized by 
Public Law 92-226). Prior to that authorization, the amounts were 
``$30,000, $15,000 for the House delegation and $15,000 for the Senate 
delegation''. The Foreign Relations Authorization Act (Public Law 100-
204; 101 Stat. 1396) had directed that sec. 2 be amended by 
substituting ``$75,000'' in lieu of ``$50,000'', and ``$50,000'' in 
lieu of ``$25,000'' for the House delegation. This amendment could not 
be executed because of the prior amendment by Public Law 100-202. 
Previously, sec. 502(d) of Public Law 85-477 (72 Stat. 273) amended and 
restated this sentence.
---------------------------------------------------------------------------
    Sec. 3.\14\ The United States group of the NATO 
Parliamentary Assembly \12\ shall submit to the Congress a 
report for each fiscal year for which an appropriation is made, 
including its expenditures under such appropriation.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 1928c.
---------------------------------------------------------------------------
    Sec. 4.\15\ The certificate of the Chairman of the House 
delegation and the Senate delegation of the NATO Parliamentary 
Assembly \12\ shall hereafter be final and conclusive upon the 
accounting officers in the auditing of the accounts of the 
United States group of the NATO Parliamentary Assembly.\12\
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 1928d.
---------------------------------------------------------------------------
    Sec. 5.\16\ In addition to the amounts authorized by 
section 2, there is authorized to be appropriated $50,000 for 
fiscal year 1977 to meet the expenses incurred by the United 
States group in hosting the twenty-second annual meeting of the 
North Atlantic Assembly. In addition to amounts authorized by 
section 2, there is authorized to be appropriated $550,000 for 
fiscal year 1994 to meet the expenses incurred by the United 
States group in hosting the fortieth annual meeting of the 
North Atlantic Assembly.\17\ In addition to the amounts 
authorized by section 2, there is authorized to be appropriated 
$450,000 for fiscal year 1984 to meet the expenses incurred by 
the United States group in hosting the thirty-first annual 
meeting of the North Atlantic Assembly.\18\ Amounts 
appropriated under this section are authorized to remain 
available until expended.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 1928e. Sec. 107 of the Foreign Relations 
Authorization Act, Fiscal Year 1977 (Public Law 94-350) added sec. 5.
    \17\ Sec. 168(g) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 677), added this 
sentence.
    \18\ Sec. 109(a) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1019) added 
this sentence. For complete text of sec. 109(b), see Legislation on 
Foreign Relations Through 2005, vol. II-B.
                3. International Claims Settlement Acts

       a. International Claims Settlement Act of 1949, as amended

Public Law 81-455 [H.R. 4406], 64 Stat. 12, approved March 10, 1950; as 
amended by Public Law 83-242 [H.R. 5742], 67 Stat. 506, approved August 
  8, 1953; Reorganization Plan No. 1, effective July 1, 1954, 19 F.R. 
   3985, 68 Stat. 1279; Public Law 84-285 [H.R. 6382], 69 Stat. 562, 
  approved August 9, 1955; Public Law 85-604 [S. 3557], 72 Stat. 527, 
approved August 8, 1958; Public Law 85-791 [H.R. 6788], 72 Stat. 941 at 
951, approved August 28, 1958; Public Law 88-666 [H.R. 12259], 78 Stat. 
  1110, approved October 16, 1964; Public Law 89-554 [H.R. 10104], 80 
 Stat. 378 at 656, approved September 6, 1966; Public Law 89-559 [H.R. 
 10104], 80 Stat. 378 at 656, approved November 6, 1966; Public Law 90-
421 [H.R. 9063], 82 Stat. 420, approved July 4, 1968; Public Law 91-167 
 [H.R. 11711], 83 Stat. 435, approved December 24, 1969; Public Law 93-
460 [H.R. 13261], 88 Stat. 1386, approved October 20, 1974; Public Law 
94-542 [S. 3621], 90 Stat. 2509, approved October 18, 1976; Public Law 
 96-445 [H.R. 6440], 94 Stat. 1891, approved October 13, 1980; Public 
  Law 96-606 [H.R. 5737], 94 Stat. 3534, approved December 28, 1980; 
  Public Law 97-164 [H.R. 4482], 96 Stat. 25 at 49, approved April 2, 
 1982; Public Law 99-451 [H.R. 5506], 100 Stat. 1138, approved October 
   8, 1986; Public Law 100-204 [Foreign Relations Authorization Act, 
    Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331 at 1350, 
approved December 22, 1987; Public Law 100-352 [Review of Cases by the 
 Supreme Court; S. 952], 102 Stat. 662 at 664, approved June 27, 1988; 
 Public Law 102-572 [Court of Federal Claims Technical and Procedural 
 Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved October 
 29, 1992; Public Law 104-114 [Cuban Liberty and Democratic Solidarity 
 (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 12, 
 1996; Public Law 104-316 [General Accounting Office Act of 1996; H.R. 
 3864], 110 Stat. 3826, approved October 19, 1996; and Public Law 105-
  277 [Omnibus Consolidated and Emergency Supplemental Appropriations 
    Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998

     AN ACT To provide for the settlement of certain claims of the 
  Government of the United States on its own behalf and on behalf of 
            American nationals against foreign governments.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Claims Settlement Act 
of 1949''.

                              TITLE I \1\

    Sec. 2.\2\ For the purposes of this Title--
---------------------------------------------------------------------------
    \1\ Designated ``Title I'' by Public Law 84-285 (69 Stat. 562).
    \2\ 22 U.S.C. 1621.
---------------------------------------------------------------------------
    (a) The term ``person'' shall include an individual, 
partnership, corporation, or the Government of the United 
States.
    (b) The term ``United States'' when used in a geographical 
sense shall include the United States, its Territories and 
insular possessions, and the Canal Zone.
    (c) The term ``nationals of the United States'' includes 
(1) persons who are citizens of the United States, and (2) 
persons who, though not citizens of the United States, owe 
permanent allegiance to the United States. It does not include 
aliens.
    (d) The term ``Yugoslav Claims Settlement of 1948'' means 
the agreements between the Governments of the United States of 
America and of the Federal People's Republic of Yugoslavia 
regarding pecuniary claims of the United States and its 
nationals, signed July 19, 1948.
    Sec. 3.\3\ (a) \4\ * * * [Repealed--1966]
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1622.
    \4\ Sec. 8(a) of Public Law 89-554 (80 Stat. 656) repealed subsecs. 
(a) and (b).
---------------------------------------------------------------------------
    (b) \4\ * * * [Repealed--1966]
    (c) The Commission \5\ may prescribe such rules and 
regulations as may be necessary to enable it to carry out its 
functions, and may delegate functions to any member, officer, 
or employee of the Commission. The President may fix a 
termination date for the authority of the Commission, and the 
terms of office of its members under this Title. Any member of 
the Commission may be removed by the Secretary of State,\6\ 
upon notice and hearing, for neglect of duty, or malfeasance in 
office, but for no other cause. Not later than six months after 
its organization, and every six months thereafter, the 
Commission shall make a report, through the Secretary of 
State,\6\ to the Congress concerning its operations under this 
Title. The Commission shall, upon completion of its work, 
certify in duplicate to the Secretary of State and to the 
Secretary of the Treasury the following: (1) A list of all 
claims disallowed; (2) a list of all claims allowed, in whole 
or in part, together and with the amount of each claim and the 
amount awarded thereon; and (3) a copy of the decision rendered 
in each case. No member of such Commission shall be appointed 
after the effective date of this Title until such Commission is 
reorganized by further Act of Congress but acting members may 
be designated by the President as provided by this section, who 
shall receive no compensation from the funds appropriated by 
H.R. 6200 for defraying the expenses of such Commission.\7\
---------------------------------------------------------------------------
    \5\ Reorganization Plan No. 1, 1954, effective July 1, 1954 (19 
F.R. 3985; 68 Stat. 1279) abolished the International Claims Commission 
and transferred its functions to the Foreign Claims Settlement 
Commission of the United States. Sec. 1 of Reorganization Plan No. 1 
read:

                ``Foreign Claims Settlement Commission of the United 
States

    ``Section 1. Establishment of Commission.--There is hereby 
established the Foreign Claims Settlement Commission of the United 
States, hereinafter referred to as the Commission. The Commission shall 
be composed of three members, who shall each be appointed by the 
President by and with the advice and consent of the Senate, hold office 
during the pleasure of the President, and receive compensation at the 
rate of $15,000 per annum. The President shall from time to time 
designate one of the members of the Commission as the Chairman of the 
Commission, hereinafter referred to as the Chairman. Two members of the 
Commission shall constitute a quorum for the transaction of the 
business of the Commission.''.
    The Foreign Claims Settlement Commission was transferred by Public 
Law 96-209 (94 Stat. 96) to the Department of Justice. Public Law 96-
209 provides the following:
    ``Sec. 101. The Foreign Claims Settlement Commission of the United 
States, established under Reorganization Plan Numbered 1 of 1954, is 
hereby transferred to the Department of Justice as a separate agency 
within that Department.
    ``Sec. 102. All functions, powers, and duties of the Foreign Claims 
Settlement Commission established by Reorganization Plan Numbered 1 of 
1954 are hereby transferred with the Commission, together with 
personnel, assets, liabilities, unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, available, or 
to be made available in connection with the statutory functions of the 
Commission. The Commission shall continue to perform its functions as 
provided by the War Claims Act of 1948, as amended, the International 
Claims Settlement Act of 1949, as amended, and Reorganization Plan 
Numbered 1 of 1954.
    ``Sec. 103.(a) The Commission shall be composed of a Chairman and 
two members. The Chairman shall be appointed by the President, by and 
with the advice and consent of the Senate, to serve on a full-time 
basis for a term of three years, and compensated at the rate provided 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code.
    ``(b) The other members of the Commission shall be appointed by the 
President, by and with the advice and consent of the Senate, and serve 
on a part-time basis, and be compensated on a per diem basis at a rate 
of compensation equivalent to the daily rate for level V of the 
Executive Schedule under section 5316 of title 5, United States Code, 
for each day that such member is employed in the actual performance of 
official business of the Commission as may be directed by the Chairman. 
Each member shall be reimbursed for travel expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of title 5 for 
persons in Government service employed intermittently.
    ``(c) The terms of Office of the Chairman and members of the 
Commission shall be for three years, except the Chairman and members 
first appointed after the enactment of this subsection shall be 
appointed to terms ending respectively September 30, 1982, September 
30, 1981, and September 30, 1980. The incumbent of any such office may 
continue to serve until a successor takes office.
    ``(d) Notwithstanding the provisions of subsections (a), (b), and 
(c) of this section, members of the Foreign Claims Settlement 
Commission who are serving on the effective date of this Act, shall 
continue to serve in their same capacities until the expiration of the 
terms to which they were appointed.
    ``Sec. 104. The Commission is authorized, in accordance with civil 
service laws and in accordance with title 5 of the United States Code, 
to appoint and fix the compensation of such officers and employees as 
may be necessary to carry out the functions of the Commission. The 
Commission is authorized to employ experts and consultants in 
accordance with section 3109 of title 5 of the United States Code, 
without compensation or at rates of compensation not in excess of the 
maximum daily rate prescribed for GS-18 under section 5332 of title 5 
of the United States Code. Notwithstanding any other provision of law, 
the Commission is further authorized to employ nationals of other 
countries who may possess special knowledge, languages, or other 
expertise necessary to assist the Commission. The Commission is 
authorized to pay expenses of packing, shipping, and storing personal 
effects of personnel of the Commission assigned abroad, and to pay 
allowances and benefits similar to those provided by title IX of the 
Foreign Service Act of 1946, as amended. The Commission is authorized, 
with the consent of the head of any other department or agency of the 
Federal Government, to utilize the facilities and services of such 
department or agency in carrying out the functions of the Commission. 
Officers and employees of any department and agency of the Federal 
Government may, with the consent of the head of such department or 
agency, be assigned to assist the Commission in carrying out its 
functions. The Commission shall reimburse such department and agency 
for the pay of such officers or employees.
    ``Sec. 105. All functions, powers, and duties not directly related 
to adjudicating claims are hereby vested in the Chairman, including the 
functions set forth in section 3 of Reorganization Plan Numbered 1 of 
1954 and the authority to issue rules and regulations.
    ``Sec. 106. The Attorney General shall provide necessary 
administrative support and services to the Commission. The Chairman 
shall prepare the budget requests, authorization documents, and 
legislative proposals for the Commission within the procedures 
established by the Department of Justice, and the Attorney General 
shall submit these items to the Director of the Office of Management 
and Budget as proposed by the Chairman.
    ``Sec. 107. Nothing in this Act shall be construed to diminish the 
independence of the Commission in making its determinations on claims 
in programs that it is authorized to administer pursuant to the powers 
and responsibilities conferred upon the Commission by the War Claims 
Act of 1948, as amended, the International Claims Settlement Act of 
1949, as amended, and Reorganization Plan Numbered 1 of 1954. The 
decisions of the Commission with respect to claims shall be final and 
conclusive on all questions of law and fact, and shall not be subject 
to review by the Attorney General or any other official of the United 
States or by any court by mandamus or otherwise.''.
    \6\ The functions of the Secretary of State under these sentences 
were abolished and transferred to the Foreign Claims Settlement 
Commission by Reorganization Plan No. 1, 1954. Public Law 89-348 (79 
Stat. 1310) modified this reporting requirement from semiannual to 
annual submission.
    Subsequently, sec. 1 of Public Law 106-197 (114 Stat. 246) provided 
that:
    ``Section 3003(a)(1) of the Federal Reports Elimination and Sunset 
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required 
to be submitted under any of the following provisions of law: * * *
---------------------------------------------------------------------------

  ``(8) Section 3 of the International Claims Settlement Act of 1949 (22 
U.S.C. 1622).''.
---------------------------------------------------------------------------

    \7\ H.R. 6200 is the Supplemental Appropriation Act, 1954, Act of 
August 7, 1953 (67 Stat. 418).
---------------------------------------------------------------------------
    Sec. 4.\8\ (a)(1) The Commission shall have jurisdiction to 
receive, examine, adjudicate, and render a final decision with 
respect to any claim of the Government of the United States or 
of any national of the United States--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 1623. Sec. 2211 of Division G of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277; 112 Stat. 2681-812) struck out ``(a) The'' at the 
beginning of sec. 4 and inserted in lieu thereof para. (a)(1). Sec. 
2211 further redesignated the second sentence of subsec. (a) as para. 
(2) and redesignated paras. (1) and (2) as subparas. (A) and (B).
---------------------------------------------------------------------------
          (A) included within the terms of the Yugoslav Claims 
        Agreement of 1948;
          (B) included within the terms of any claims agreement 
        concluded on or after March 10, 1954, between the 
        Government of the United States and a foreign 
        government (exclusive of governments against which the 
        United States declared the existence of a state of war 
        during World War II) similarly providing for the 
        settlement and discharge of claims of the Government of 
        the United States and of nationals of the United States 
        against a foreign government, arising out of the 
        nationalization or other taking of property, by the 
        agreement of the Government of the United States to 
        accept from that government a sum in en bloc settlement 
        thereof; or
          (C) included in a category of claims against a 
        foreign government which is referred to the Commission 
        by the Secretary of State.
    (2) \8\ In the decision of claims under this Title, the 
Commission shall apply the following in the following order:
          (A) \8\ The provisions of the applicable claims 
        agreement as provided in this subsection.
          (B) \8\ the applicable principles of international 
        law, justice, and equity. In determining the value of a 
        claim under international law, the Commission shall 
        award the fair market value of the property as of the 
        time of the taking by the foreign government involved 
        (without regard to any action or event that occurs 
        after the taking), except that the value of the claim 
        shall not reflect any diminution in value attributable 
        to actions which are carried out, or threats of action 
        which are made, by the foreign government with respect 
        to the property before the taking. Fair market value 
        shall be ascertained in accordance with the method most 
        appropriate to the property taken and equitable to the 
        claimant, including--
                  (i) market value of outstanding equity 
                securities;
                  (ii) replacement value;
                  (iii) going-concern value (which includes 
                consideration of an enterprise's 
                profitability); and
                  (iv) book value.
        In the case of any claim for losses in a service 
        industry, the appropriate basis of valuation shall be 
        presumed to be that referred to in clause (iii). For 
        purposes of the preceding sentence, the term 
        ``service'' means economic activity the output of which 
        is other than tangible goods.\9\
---------------------------------------------------------------------------
    \9\ Sec. 1(a) of Public Law 99-451 (100 Stat. 1138) added the text 
to this point beginning with ``In determining the value of a claim . . 
. ''.
---------------------------------------------------------------------------
    (b) The Commission shall give public notice of the time 
when, and the limit of time within which, claims may be filed, 
which notice shall be published in the Federal Register. In 
addition, the Commission is authorized and directed to mail a 
similar notice to the last-known address of each person 
appearing in the records of the Department of State as having 
indicated an intention of filing a claim with respect to a 
matter concerning which the Commission has jurisdiction under 
this Title. All decisions shall be upon such evidence and 
written legal contentions as may be presented within such 
period as may be prescribed therefor by the Commission, and 
upon the results of any independent investigation of cases 
which the Commission may deem it advisable to make. Each 
decision by the Commission pursuant to this Title shall be by 
majority vote, and shall state the reason for such decision, 
and shall constitute a full and final disposition of the case 
in which the decision is rendered.
    (c) Any member of the Commission, or any employee of the 
Commission, designated in writing by the Chairman of the 
Commission, may administer oaths and examine witnesses. Any 
member of the Commission may require by subpena the attendance 
and testimony of witnesses, and the production of all necessary 
books, papers, documents, records, correspondence, and other 
evidence, from any place in the United States at any designated 
place of inquiry or of hearing. The Commission is authorized to 
contract for the reporting of inquiries or of hearings. 
Witnesses summoned before the Commission shall be paid the same 
fee and mileage that are paid witnesses in the courts of the 
United States. In case of disobedience to a subpena, the aid of 
any district court of the United States, as constituted by 
chapter 5 of title 28, United States Code (28 U.S.C. 81 and the 
following), and the United States court of any Territory or 
other place subject to the jurisdiction of the United States 
may be invoked in requiring the attendance and testimony of 
witnesses and the production of such books, papers, documents, 
records, correspondence, and other evidence. Any such court 
within the jurisdiction of which the inquiry or hearing is 
carried on may, in case of contumacy or refusal to obey a 
subpena issued to any person, issue an order requiring such 
person to appear or to give evidence touching the matter in 
question; and any failure to obey such order of the court may 
be punished by such court as a contempt thereof.
    (d) The Commission may order testimony to be taken by 
deposition in any inquiry or hearing pending before it at any 
stage of such proceeding or hearing. Such depositions may be 
taken, under such regulations as the Commission may prescribe, 
before any person designated by the Commission and having power 
to administer oaths. Any person may be compelled to appear and 
depose, and to produce books, papers, documents, records, 
correspondence, and other evidence in the same way as witnesses 
may be compelled to appear and testify and produce documentary 
evidence before the Commission, as hereinabove provided. If a 
witness whose testimony may be desired to be taken by 
deposition be in a foreign country, the deposition may be 
taken, provided the laws of the foreign country so permit, by a 
consular officer, or by an officer or employee of the 
Commission, or other person commissioned by the Commission, or 
under letter rogatory issued by the Commission. Witnesses whose 
depositions are taken as authorized in this subsection, and the 
persons taking the same, shall severally be entitled to the 
same fees as are paid for like services in the courts of the 
United States.
    (e) In addition to the penalties provided in title 18, 
United States Code, section 1001, any person guilty of any act, 
as provided therein, with respect to any matter under this 
Title, shall forfeit all rights under this Title, and, if 
payment shall have been made or granted, the Commission shall 
take such action as may be necessary to recover the same.
    (f) \10\ No remuneration on account of services rendered on 
behalf of any claimant in connection with any claim filed with 
the Commission under this title shall exceed 10 per centum of 
the total amount paid pursuant to any award certified under the 
provisions of this title, on account of such claim. Any 
agreement to the contrary shall be unlawful and void. Whoever, 
in the United States or elsewhere, demands or receives, on 
account of services so rendered, any remuneration in excess of 
the maximum permitted by this section, shall be fined not more 
than $5,000 or imprisoned not more than twelve months, or both.
---------------------------------------------------------------------------
    \10\ Sec. 1 of Public Law 90-421 (82 Stat. 420) amended subsec. 
(f), which previously read as follows:
    ``(f) In connection with any claim decided by the Commission 
pursuant to this Title in which an award is made, the Commission may, 
upon the written request of the claimant or any attorney heretofore or 
hereafter employed by such claimant, determine and apportion the just 
and reasonable attorney's fees for services rendered with respect to 
such claim, but the total amount of the fees so determined in any case 
shall not exceed 10 per centum of the total amount paid pursuant to the 
award. Written evidence that the claimant and any such attorney have 
agreed to the amount of the attorney's fees shall be conclusive upon 
the Commission: Provided, however, That the total amount of the fees so 
agreed upon does not exceed 10 per centum of the total amount paid 
pursuant to the award. Any fee so determined shall be entered as a part 
of such award, and payment thereof shall be made by the Secretary of 
the Treasury by deducting the amount thereof from the total amount paid 
pursuant to the award. Any agreement to the contrary shall be unlawful 
and void. The Commission is authorized and directed to mail to each 
claimant in proceedings before the Commission notice of the provisions 
of this subsection. Whoever, in the United States or elsewhere, pays or 
offers to pay, or promises to pay, or receives on account of services 
rendered or to be rendered in connection with any such claim, 
compensation which, when added to any amount previously paid on account 
of such services, will exceed the amount of fees so determined by the 
Commission, shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not more than $5,000 or imprisoned not more 
than twelve months, or both, and if any such payment shall have been 
made or granted, the Commission shall take such action as may be 
necessary to recover the same, and, in addition thereof, any such 
person shall forfeit all rights under this title.''.
---------------------------------------------------------------------------
    (g) The Attorney General shall assign such officers and 
employees of the Department of Justice as may be necessary to 
represent the United States as to any claims of the Government 
of the United States with respect to which the Commission has 
jurisdiction under this title. Any and all payments required to 
be made by the Secretary of the Treasury under this title 
pursuant to any award made by the Commission to the Government 
of the United States shall be covered into the Treasury to the 
credit of miscellaneous receipts.
    (h) The Commission shall notify all claimants of the 
approval or denial of their claims, stating the reasons and 
grounds therefor, and, if approved, shall notify such claimants 
of the amount for which such claims are approved. Any claimant 
whose claim is denied, or is approved for less than the full 
amount of such claim, shall be entitled, under such regulations 
as the Commission may prescribe, to a hearing before the 
Commission, or its duly authorized representatives, with 
respect to such claim. Upon such hearing, the Commission may 
affirm, modify, or revise its former action with respect to 
such claim, including a denial or reduction in the amount 
theretofore allowed with respect to such claim. The action of 
the Commission in allowing or denying any claim under this 
title shall be final and conclusive of all questions of law and 
fact and not subject to review by the Secretary of State or any 
other official, department, agency, or establishment of the 
United States or by any court by mandamus or otherwise.
    (i) The Commission may in its discretion enter an award 
with respect to one or more items deemed to have been clearly 
established in an individual claim while deferring 
consideration and action on other items of the same claim.
    (j) The Commission shall comply with the provisions of the 
Administrative Procedure Act of 1946 except as otherwise 
specifically provided by this title.
    (k) \11\ In exercising authority granted after the date of 
the enactment of this subsection under this or any other Act, 
the Commission, in determining the value of claims of the 
Government of the United States or of nationals of the United 
States (as defined in this Act or such other Act) against any 
foreign government for losses arising from the nationalization 
or other taking of property, shall comply with the principles 
set forth in subsection (a)(2) of this section.
---------------------------------------------------------------------------
    \11\ Public Law 99-451 (100 Stat. 1138) added subsec. (k).
---------------------------------------------------------------------------
    Sec. 5.\12\ The Commission shall, as soon as possible, and 
in the order of the making of such awards, certify to the 
Secretary of the Treasury and to the Secretary of State copies 
of the awards made in favor of the Government of the United 
States or of nationals of the United States under this Title. 
The Commission shall certify to the Secretary of State, upon 
his request, copies of the formal submissions of claims filed 
pursuant to subsection (b) of section 4 of this Act for 
transmission to the foreign government concerned.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 1624.
---------------------------------------------------------------------------
    Sec. 6.\13\ The Commission shall complete its affairs in 
connection with settlement of United States-Yugoslav claims 
arising under the Yugoslav Claims Agreement of 1948 not later 
than December 31, 1954; \14\ Provided, That nothing in this 
provision shall be construed to limit the life of the 
Commission, or its authority to act on future agreements which 
may be affected under the provisions of this legislation.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 1625.
    \14\ Public Law 83-242 (67 Stat. 506) struck out ``not more than 
four years following enactment of this Act;'' and inserted in lieu 
thereof ``December 31, 1954;''.
---------------------------------------------------------------------------
    Sec. 7.\15\ (a) Subject to the limitations hereinafter 
provided, the Secretary of the Treasury is authorized and 
directed to pay, as prescribed by section 8 of this Title, an 
amount not exceeding the principal of each award, plus accrued 
interests on such awards as bear interest, certified pursuant 
to section 5 of this Title, in accordance with the award. Such 
payments, and applications for such payments, shall be made in 
accordance with such regulations as the Secretary of the 
Treasury may prescribe.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 1626.
---------------------------------------------------------------------------
    (b) \16\ (1) There shall be deducted from the amount of 
each payment made pursuant to subsection (c) of section 8, as 
reimbursement for the expenses incurred by the United States, 
an amount equal to 5 \17\ per centum of such payment. All 
amounts so deducted shall be covered into the Treasury to the 
credit of miscellaneous receipts.
---------------------------------------------------------------------------
    \16\ Sec. 2 of Public Law 90-421 (82 Stat. 420) inserted ``(1)'' 
after the subsection letter and added a new para. (2).
    \17\ Public Law 83-242 (67 Stat. 506) struck out ``3'' and inserted 
in lieu thereof ``5''.
---------------------------------------------------------------------------
    (2) \16\ The Secretary of the Treasury shall deduct from 
any amounts covered, subsequent to the date of enactment of 
this paragraph, into any special fund, created pursuant to 
section 8, 5 per centum thereof as reimbursement to the 
Government of the United States for expenses incurred by the 
Commission and by the Treasury Department in the administration 
of this Title. The amounts so deducted shall be covered into 
the Treasury to the credit of miscellaneous receipts.
    (c) Payments made pursuant to this Title shall be made only 
to the person or persons on behalf of whom the award is made, 
except that--
          (1) \18\ if any person to whom any payment is to be 
        made pursuant to this title is deceased or is under a 
        legal disability, payment shall be made to his legal 
        representative, except that if any payment to be made 
        is not over $1,000 and there is no qualified executor 
        or administrator, payment may be made to the person or 
        persons found by the Secretary of the Treasury \19\ to 
        be entitled thereto, without the necessity of 
        compliance with the requirement of law with respect to 
        the administration of estates;
---------------------------------------------------------------------------
    \18\ Sec. 3 of Public Law 90-421 (82 Stat. 420) amended para. (1), 
which previously read as follows:
    ``(1) if such person is deceased or is under a legal disability, 
payment shall be made to his legal representative: Provided, That if 
the total award is not over $500 and there is no qualified executor or 
administrator, payment may be made to the person or persons found by 
the Comptroller General of the United States to be entitled thereto, 
without the necessity of compliance with the requirements of law with 
respect to the administration of estates;''.
    \19\ Sec. 202(h)(1)(A) of Public Law 104-316 (110 Stat. 3842) 
struck out ``Comptroller General'' and inserted in lieu thereof 
``Secretary of the Treasury''.
---------------------------------------------------------------------------
          (2) in the case of a partnership or corporation, the 
        existence of which has been terminated and on behalf of 
        which an award is made, payment shall be made, except 
        as provided in paragraphs (3) and (4), to the person or 
        persons found by the Secretary of the Treasury \20\ to 
        be entitled thereto;
---------------------------------------------------------------------------
    \20\ Sec. 202(h)(1)(B) of Public Law 104-316 (110 Stat. 3842) 
struck out ``Comptroller General of the United States'' and inserted in 
lieu thereof ``Secretary of the Treasury''.
---------------------------------------------------------------------------
          (3) if a receiver or trustee for any such partnership 
        or corporation has been duly appointed by a court of 
        competent jurisdiction in the United States and has not 
        been discharged prior to the date of payment, payment 
        shall be made to such receiver or trustee in accordance 
        with the order of the court;
          (4) if a receiver or trustee for any such partnership 
        or corporation, duly appointed by a court of competent 
        jurisdiction in the United States, makes an assignment 
        of the claim, or any part thereof, with respect to 
        which an award is made, or makes an assignment of such 
        award, or any part thereof, payment shall be made to 
        the assignee, as his interest may appear; and
          (5) in the case of any assignment of an award, or any 
        part thereof, which is made in writing and duly 
        acknowledged and filed, after such award is certified 
        to the Secretary of the Treasury, payment may, in the 
        discretion of the Secretary of the Treasury, be made to 
        the assignee, as his interest may appear.
    (d) Whenever the Secretary of the Treasury,\21\ shall find 
that any person is entitled to any such payment, after such 
payment shall have been received by such person, it shall be an 
absolute bar to recovery by any other person against the United 
States, its officers, agents or employees with respect to such 
payment.
---------------------------------------------------------------------------
    \21\ Sec. 202(h)(2) of Public Law 104-316 (110 Stat. 3842) struck 
out ``, or the Comptroller General of the United States, as the case 
may be'' after ``Secretary of the Treasury''.
---------------------------------------------------------------------------
    (e) Any person who makes application for any such payment 
shall be held to have consented to all the provisions of this 
Title.
    (f) Nothing in this Title shall be construed as the 
assumption of any liability by the United States for the 
payment or satisfaction, in whole or in part, of any claim on 
behalf of any national of the United States against any foreign 
government.
    Sec. 8.\22\ (a) There are hereby created in the Treasury of 
the United States (1) a special fund to be known as the 
Yugoslav Claims Fund; and (2) such other special funds as may, 
in the discretion of the Secretary of the Treasury, be 
required, each to be a claims fund to be known by the name of 
the foreign government which has entered into a settlement 
agreement with the Government of the United States as described 
in subsection (a) of section 4 of this Title. There shall be 
covered into the Treasury to the credit of the proper special 
fund all funds hereinafter specified. All payments authorized 
under section 7 of this Title shall be disbursed from the 
proper fund, as the case may be, and all amounts covered into 
the Treasury to the credit of the aforesaid funds are hereby 
permanently appropriated for the making of the payments 
authorized by section 7 of this Title.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 1627.
---------------------------------------------------------------------------
    (b) The Secretary of the Treasury is authorized and 
directed to cover into--
          (1) the Yugoslav Claims Fund the sum of $17,000,000 
        being the amount paid by the Government of the Federal 
        People's Republic of Yugoslavia pursuant to the 
        Yugoslav Claims Agreement of 1948;
          (2) a special fund created for that purpose pursuant 
        to subsection (a) of this section any amounts hereafter 
        paid in United States dollars, by a foreign government 
        which has entered into a claims settlement agreement 
        with the Government of the United States as described 
        in subsection (a) of section 4 of this Title.
    (c) \23\ The Secretary of the Treasury is authorized and 
directed out of the sums covered, prior to the date of 
enactment of subsection (e) of this section, into any of the 
funds pursuant to subsection (b) of this section, and after 
making the deduction provided for in section 7(b)(1) of this 
Title--
---------------------------------------------------------------------------
    \23\ Sec. 4 of Public Law 90-421 (82 Stat. 420) amended subsec. 
(c), which previously read as follows:
    ``The Secretary of the Treasury is authorized and directed out of 
the sums covered into any of the funds pursuant to subsection (b) of 
this section, and after making the deduction provided for in section 
7(b) of this Title--''.
---------------------------------------------------------------------------
          (1) to make payments in full of the principal of 
        awards of $1,000 or less, certified pursuant to section 
        5 of this Title;
          (2) to make payments of $1,000 on the principal of 
        each award of more than $1,000 in principal amount, 
        certified pursuant to section 5 of this Title;
          (3) to make additional payment of not to exceed 25 
        per centum of the unpaid principal of awards in the 
        principal amount of more than $1,000;
          (4) after completing the payments prescribed by 
        paragraphs (2) and (3) of this subsection, to make 
        payments, from time to time in ratable proportions, on 
        account of the unpaid principal of all awards in the 
        principal amount of more than $1,000, according to the 
        proportions which the unpaid principal of such awards 
        bear to the total amount in the fund available for 
        distribution at the time such payments are made; and
          (5) after payment has been made of the principal 
        amounts of all such awards, to make pro rata payments 
        on account of accrued interest on such awards as bear 
        interest.
    (d) The Secretary of the Treasury, upon the concurrence of 
the Secretary of State, is authorized and directed, out of the 
sum covered into the Yugoslav Claims Fund pursuant to 
subsection (b) of this section, after completing the payments 
of such funds pursuant to subsection (c) of this section, to 
make payment of the balance of any sum remaining in such fund 
of the Government of the Federal People's Republic of 
Yugoslavia to the extent required under article 1(c) of the 
Yugoslav Claims Agreement of 1948. The Secretary of State shall 
certify to the Secretary of the Treasury the total cost of 
adjudication, not borne by the claimants, attributable to the 
Yugoslav Claims Agreement of 1948. Such certification shall be 
final and conclusive and shall not be subject to review by any 
other official or department, agency, or establishment of the 
United States.
    (e) \24\ Except as provided in subsection (f),\25\ the 
Secretary of the Treasury is authorized and directed out of 
sums covered, subsequent to the date of enactment of this 
subsection, into any special fund created pursuant to this 
section to make payment on account of awards certified by the 
Commission pursuant to this title with respect to claims 
included within the terms of a claims settlement agreement 
concluded between the Government of the United States and a 
foreign government as described in subsection (a) of section 4 
of this title, as follows and in the following order of 
priority:
---------------------------------------------------------------------------
    \24\ Sec. 5 of Public Law 90-421 (82 Stat. 420) added subsec. (e).
    \25\ Sec. 1(1) of Public Law 96-445 (94 Stat. 1891) inserted 
``Except as provided in subsection (f),''.
---------------------------------------------------------------------------
          (1) Payment in the amount of $1,000 or the principal 
        amount of the award, whichever is less;
          (2) Thereafter, payments from time to time on account 
        of the unpaid principal balance of each remaining award 
        which shall bear to such unpaid principal balance the 
        same proportion as the total amount available for 
        distribution at the time such payments are made bears 
        to the aggregate unpaid principal balance of all such 
        awards; and
          (3) Thereafter, payments from time to time on account 
        of the unpaid balance of each award of interest which 
        shall bear to such unpaid balance of interest, the same 
        proportion as the total amount available for 
        distribution at the time such payments are made bears 
        to the aggregate unpaid balance of interest of all such 
        awards.
    (f) \26\ (1) Out of sums covered after May 11, 1979, into 
the special fund created pursuant to this section to receive 
funds paid by the People's Republic of China, the Secretary of 
the Treasury is authorized and directed to make payments on 
account of awards certified by the Commission pursuant to title 
V with respect to claims included within the terms of the 
Agreement Between the Government of the United States of 
America and the Government of the People's Republic of China 
Concerning the Settlement of Claims, signed on May 11, 1979, in 
the following order of priority:
---------------------------------------------------------------------------
    \26\ Sec. 1(2) of Public Law 96-445 (94 Stat. 1891) added subsec. 
(f).
---------------------------------------------------------------------------
          (A) Payment in the amount of $1,000 or the principal 
        amount of the award, whichever is less.
          (B) Thereafter, except as provided in paragraph (2), 
        to the extent there remain unpaid principal balances on 
        awards, payments from time to time on account of the 
        unpaid principal balance of each remaining award which 
        bear to such unpaid principal balance the same 
        proportion as the total amount available for 
        distribution at the time such payments are made bears 
        to the aggregate unpaid principal balance of all such 
        awards.
          (C) Thereafter, payments from time to time on account 
        of the unpaid balance of each award of interest which 
        bear to such unpaid balance of interest the same 
        proportion as the total amount available for 
        distribution at the time such payments are made bears 
        to the aggregate unpaid balance of interest of all such 
        awards.
    (2)(A) For the purpose of computing the payments to be made 
under paragraph (1) to any claimant which was an incorporated 
business enterprise on the date of nationalization or other 
taking of property, the award certified by the Commission under 
title V shall be reduced by the amount of Federal tax benefits 
derived by such claimant on account of the losses upon which 
such claim was based, but in no case shall payments be reduced 
below the amount paid to such claimant on account of such claim 
before the date of the enactment of this subsection. For 
purposes of this subparagraph, such Federal tax benefits shall 
be the amount by which the claimant's taxes in any prior 
taxable year or years under chapters 1, 2A, 2B, 2D, and 2E of 
the Internal Revenue Code of 1939, or subtitle A of the 
Internal Revenue Code of 1954, were decreased with respect to 
the loss or losses upon which the claim was based. The sum of 
the amounts which would otherwise be payable but for this 
paragraph which are not paid to any such claimant shall be 
aggregated, and the Secretary of the Treasury is authorized and 
directed to make payments out of such aggregated sums in 
accordance with subparagraph (B).
    (B) To the extent that there remain unpaid principal 
balances on awards to claimants which were, on the date of 
nationalization or other taking of property, nonprofit 
organizations operated exclusively for the promotion of social 
welfare, religious, charitable, or educational purposes (after 
payments made to such nonprofit organizations pursuant to 
subparagraphs (A) and (B) of paragraph (1) are taken into 
account), the Secretary of the Treasury is authorized and 
directed to make payments from time to time on account of the 
unpaid principal balance of each remaining award to such 
nonprofit organizations which bear to such unpaid principal 
balance the same proportion as the total sums aggregated 
pursuant to subparagraph (A) at the times such payments are 
made bear to the aggregate unpaid principal balance of all such 
awards to nonprofit organizations.
    (g) \27\ The Secretary of the Treasury is authorized and 
directed to invest the amounts held respectively in the 
``special funds'' established by this section in public debt 
securities with maturities suitable for the needs of the 
separate accounts and bearing interest at rates determined by 
the Secretary, taking into consideration the average market 
yield on outstanding marketable obligations of the United 
States of comparable maturities. The interest earned on the 
amounts in each special fund shall be used to make payments, in 
accordance with subsection (c), on awards payable from that 
special fund.
---------------------------------------------------------------------------
    \27\ Sec. 142 of Public Law 100-204 (101 Stat. 1350) added subsec. 
(g).
---------------------------------------------------------------------------
    Sec. 9.\28\ There is hereby authorized to be appropriated, 
out of any money in the Treasury not otherwise appropriated, 
such sums as may be necessary to enable the Commission to carry 
out its functions under this Title.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 1621 note.
---------------------------------------------------------------------------

                             TITLE II \29\

 vesting and liquidation of bulgarian, hungarian, and rumanian property

    Sec. 201.\30\ As used in this title the term--
---------------------------------------------------------------------------
    \29\ Sec. 3 of Public Law 84-285 (69 Stat. 562) added Title II.
    \30\ 22 U.S.C. 1631. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 201.
---------------------------------------------------------------------------
    (1) ``Person'' means a natural person, partnership, 
association, other unincorporated body, corporation, or body 
politic.
    (2) ``Property'' means any property, right, or interest.
    (3) ``Treaty of peace,'' with respect to a country, means 
the treaty of peace with that country signed at Paris, France, 
February 10, 1947, which came into force between that country 
and the United States on September 15, 1947.
    Sec. 202.\31\ (a) In accordance with article 25 of the 
treaty of peace with Bulgaria, article 29 of the treaty of 
peace with Hungary, and article 27 of the treaty of peace with 
Rumania, any property which was blocked in accordance with 
Executive Order 8389 of April 10, 1940, as amended, and remains 
blocked on the effective date of this title, and which, as of 
September 15, 1947, was owned directly or indirectly by 
Bulgaria, Hungary, and Rumania or by any national thereof as 
defined in such Executive order, shall vest in such officer or 
agency as the President may from time to time designate and 
shall vest when, as, and upon such terms as the President or 
his designee shall direct. Such property shall be sold or 
otherwise liquidated as expeditiously as possible after vesting 
under such rules and regulations as the President or his 
designee may prescribe. The net proceeds remaining upon 
completion of the administration and liquidation thereof, 
including the adjudication of any suits or claims with respect 
thereto under sections 207 and 208, shall be covered into the 
Treasury. Notwithstanding the preceding provisions of this 
subsection, any such property determined by the President or 
his designee to be owned directly by a natural person shall not 
be vested under this subsection but shall remain blocked 
subject to release, when, as, and upon such terms as the 
President or his designee may prescribe. If, at any time within 
one year from the date of the vesting of any property under 
this subsection, the President or his designee shall determine 
that it was directly owned at the date of vesting by a natural 
person, then the President or his designee shall divest such 
property and restore it to its blocked status prior to vesting, 
subject to release when, as, and upon such terms as the 
President or his designee may prescribe, or if such property 
has been liquidated, shall divest the net proceeds thereof and 
carry them in blocked accounts with the Treasury, bearing no 
interest, in the name of the owner thereof at the date of 
vesting, subject to release when, as, and upon such terms as 
the President or his designee may prescribe.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 1631a. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 202.
---------------------------------------------------------------------------
    (b) The net proceeds of any property which was vested in 
the Alien Property Custodian or the Attorney General after 
December 17, 1941, pursuant to the Trading With the Enemy Act, 
as amended,\32\ and which at the date of vesting was owned 
directly or indirectly by Bulgaria, Hungary, or Rumania, or any 
national thereof, shall after completion of the administration, 
liquidation, and disposition of such property pursuant to such 
Act, including the adjudication of any suits or claims with 
respect thereto under such Act, be covered into the Treasury, 
except that the net proceeds of any such property which the 
President or his designee shall determine was directly owned by 
a natural person at the date of vesting shall be divested by 
the President or such officer or agency as he may designate and 
carried in blocked accounts with the Treasury, bearing no 
interest, in the name of the owner thereof at the date of 
vesting, subject to release when, as, and upon such terms as 
the President or his designee may prescribe.
---------------------------------------------------------------------------
    \32\ 40 Stat. 411; 50 U.S.C. App. 1.
---------------------------------------------------------------------------
    (c) The determination under this section that any vested 
property was not directly owned by a natural person at the date 
of vesting shall be within the sole discretion of the President 
or his designee and shall not be subject to review by any 
court.
    (d) The President or his designee may require any person to 
furnish, in the form of reports or otherwise, complete 
information, including information with regard to past 
transactions, relative to any property blocked under Executive 
Order 8389 of April 10, 1940, as amended,\33\ or as may be 
otherwise necessary to enforce the provisions of this section; 
and the President or his designee may require of any person the 
production of any books of account, records, contracts, 
letters, memoranda, or other papers relative to such property 
or as may be otherwise necessary to enforce the provisions of 
this section.
---------------------------------------------------------------------------
    \33\ 5 F.R. 1400; 3 CFR, Cum. Supp., page 645.
---------------------------------------------------------------------------
    Sec. 203.\34\ Whenever shares of stock or other beneficial 
interest in any corporation, association, or company or trust 
are vested in any officer or agency designated by the President 
under this title, it shall be the duty of the corporation, 
association, or company or trustee or trustees issuing such 
shares or any certificates or other instruments representing 
the same or any other beneficial interest to cancel such shares 
of stock or other beneficial interest upon its, his, or their 
books and in lieu thereof to issue certificates or other 
instruments for such shares or other beneficial interest to the 
designee of the President, or otherwise as such designee shall 
require.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 1631b. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 203.
---------------------------------------------------------------------------
    Sec. 204.\35\ 1Any vesting order, or other order or 
requirement issued pursuant to this title, or a duly certified 
copy thereof, may be filed, registered, or recorded in any 
office for the filing, registering, or recording of 
conveyances, transfers, or assignments of such property as may 
be covered by such order or requirement; and if so filed, 
registered, or recorded shall impart the same notice and have 
the same force and effect as a duly executed conveyance, 
transfer, or assignment so filed, registered, or recorded.
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 1631c. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 204.
---------------------------------------------------------------------------
    Sec. 205.\36\ Any payment, conveyance, transfer, 
assignment, or delivery of property made to the President or 
his designee pursuant to this title, or any rule, regulation, 
instruction, or direction issued under this title, shall to the 
extent thereof be a full acquittance and discharge for all 
purposes of the obligation of the person making the same; and 
no person shall be held liable in any court for or in respect 
of any such payment, conveyance, transfer, assignment, or 
delivery made in good faith in pursuance of and in reliance on 
the provisions of this title, or of any rule, regulation, 
instruction, or direction issued thereunder.
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 1631d. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 205.
---------------------------------------------------------------------------
    Sec. 206.\37\ The district courts of the United States are 
given jurisdiction to make and enter all such rules as to 
notice and otherwise, and all such orders and decrees, and to 
issue such process as may be necessary and proper in the 
premises to enforce the provisions of this title, with a right 
of appeal from the final order of decree of such court as 
provided in chapter 83 \38\ of title 28, United States Code.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 1631e. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 206.
    \38\ Sec. 6(g) of Public Law 100-352 (102 Stat. 664) struck out 
``sections 1252, 1254, 1291, and 1292'' and inserted in lieu thereof 
``chapter 83''.
---------------------------------------------------------------------------
    Sec. 207.\39\ (a) Any person who has not filed a notice of 
claim under subsection (b) of this section may institute a suit 
in equity for the return of any property, or the net proceeds 
thereof, vested in a designee of the President pursuant to 
section 202(a) and held by such designee. Such suit, to which 
said designee shall be made a party defendant, shall be 
instituted in the District Court of the United States for the 
District of Columbia or in the district court of the United 
States for the district in which the claimant resides, or, if a 
corporation, where it has its principal place of business, by 
the filing of a complaint which alleges--
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 1631f. Sec. 3 of Public Law 84-285 (69 Stat. 562) 
added sec. 207.
---------------------------------------------------------------------------
          (1) that the claimant is a person other than 
        Bulgaria, Hungary, or Rumania, or a national thereof as 
        defined in Executive Order 8389 of April 10, 1940, as 
        amended; \40\ and
---------------------------------------------------------------------------
    \40\ 5 F.R. 1400; 3 CFR, Cum. Supp., page 645.
---------------------------------------------------------------------------
          (2) that the claimant was the owner of such property 
        immediately prior to its vesting, or is the successor 
        in interest of such owner by inheritance, devise, or 
        bequest.
If the court finds in favor of the claimant, it shall order the 
payment, conveyance, transfer, assignment, or delivery to said 
claimant of such property, or the net proceeds thereof, held by 
said designee or the portion thereof to which the court shall 
determine said claimant is entitled. If suit shall be so 
instituted, then such property, or, if liquidated, the net 
proceeds thereof, shall be retained in the custody of said 
designee until any final judgment or decree which shall be 
entered in favor of the claimant shall be fully satisfied, or 
until final judgment or decree shall be entered against the 
claimant or suit otherwise terminated.
    (b) Any person who has not instituted a suit under the 
provisions of subsection (a) of this section may file a notice 
of claim under oath for the return of any property, or the net 
proceeds thereof, vested in a designee of the President 
pursuant to section 202(a) and held by such designee. Such 
notice of claim shall be filed with said designee and in such 
form and containing such particulars as said designee shall 
require. Said designee may return any property so claimed, or 
the net proceeds thereof, whenever he shall determine--
          (1) that the claimant is a person other than 
        Bulgaria, Hungary, or Rumania, or a national thereof as 
        defined in Executive Order 8389 of April 10, 1940, as 
        amended; and
          (2) that the claimant was the owner of such property 
        immediately prior to its vesting, or is the successor 
        in interest of such owner by inheritance, devise, or 
        bequest.
Any person whose claim is finally denied in whole or in part by 
said designee may obtain review of such denial by filing a 
petition therefor in the United States Court of Appeals for the 
District of Columbia Circuit. Such petition for review must be 
filed within sixty days after the date of mailing of the final 
order of denial by said designee and a copy shall forthwith be 
transmitted to the said designee by the clerk of the court. 
Within forty-five days after receipt of such petition for 
review, or within such further time as the court may grant for 
good cause shown, said designee shall file an answer thereto, 
and shall file with the court the record of the proceedings 
with respect to such claim as provided in section 2112 of title 
28, United States Code.\41\ The court may enter judgment 
affirming the order of the designee; or, upon finding that such 
order is not in accordance with law or that any material 
findings upon which such order is based are unsupported by 
substantial evidence, may enter judgment modifying or setting 
aside the order in whole or in part, and (1) directing a return 
of all or part of the property claimed, or (2) remanding the 
claim for further administrative proceedings thereon. If a 
notice of claim is filed under this subsection, the property 
which is the subject of such claim, or if liquidated, the net 
proceeds thereof, shall be retained in the custody of said 
designee until any final order of said designee or any final 
judgment or decree which shall be entered in favor of the 
claimant shall be fully satisfied, or until a final order of 
said designee or a final judgment or decree, shall be entered 
against the claimant, or the claim or suit otherwise 
terminated.
---------------------------------------------------------------------------
    \41\ Public Law 85-791 (72 Stat. 951) amended and restated the two 
previous sentences. They previously read as follows:
    ``Such petition for review must be filed within sixty days after 
the date of mailing of the final order of denial by said designee and a 
copy must be served on the said designee. Within forty-five days after 
service of such petition for review, or within such further time as the 
court may grant for good cause shown, said designee shall file an 
answer thereto, and shall certify and file with the court a transcript 
of the entire record of the proceedings with respect to such claim.''.
---------------------------------------------------------------------------
    (c) The sole relief and remedy of any person having any 
claim to any property vested pursuant to section 202(a), except 
a person claiming under section 216, shall be that provided by 
the terms of subsections (a) and (b) of this section, and in 
the event of the liquidation by sale or otherwise of such 
property, shall be limited to and enforced against the net 
proceeds received therefrom and held by the designee of the 
President.\42\ The claim of any person based on his ownership 
of shares of stock or other proprietary interest in a 
corporation which was the owner of property at the date of 
vesting thereof under sec. 202(a) shall be allowable under 
subsec. (a) or (b) of this section if 25 per centum or more of 
the outstanding capital stock or other proprietary interest in 
the corporation was owned at such date by nationals of 
countries other than Bulgaria, Hungary, Rumania, Germany, or 
Japan. But no such claim of a national of a foreign country 
shall be satisfied except after certification by the Department 
of State that the country of the national accords protection to 
nationals of the United States in similar types of cases.
---------------------------------------------------------------------------
    \42\ Sec. 6 of Public Law 90-421 (82 Stat. 421) amended and 
restated this sentence. It previously read as follows:
    ``The sole relief and remedy of any person having any claim to any 
property vested pursuant to sec. 202(a) shall be that provided by the 
terms of subsec. (a) or (b) of this section, and in any event of the 
liquidation by sale or otherwise of such property, shall be limited to 
and enforced against the net proceeds received therefrom and held by 
the designee of the President.''.
---------------------------------------------------------------------------
    (d) the designee of the President may retain or recover 
from any property, or the net proceeds thereof, returned 
pursuant to subsection (a) or (b) of this section an amount not 
exceeding that expended or incurred by him for the 
conservation, preservation, or maintenance of such property or 
proceeds.
    Sec. 208.\43\ (a) Any property vested in the designee of 
the President pursuant to section 202(a), or the net proceeds 
thereof, shall be equitably applied by such designee in 
accordance with this section to the payment of debts owed by 
the person who owned such property immediately prior to its 
vesting in such designee. No debt claim shall be allowed under 
this section--
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 1631g. Sec. 3 of Public Law 84-285 (69 Stat. 565) 
added sec. 208.
---------------------------------------------------------------------------
          (1) if it is asserted against Bulgaria, Hungary, or 
        Rumania (including the government or any political 
        subdivisions, agencies, or instrumentalities thereof); 
        or
          (2) if it is based upon an obligation expressed or 
        payable in any currency other than the currency of the 
        United States; or
          (3) if it was not due and owing--
                  (A) on October 9, 1940, in the event the 
                property in respect of which such debt claim is 
                filed was owned immediately prior to vesting by 
                a national of Rumania;
                  (B) on March 4, 1941, in the event the 
                property in respect of which such debt claim is 
                filed was owned immediately prior to vesting by 
                a national of Bulgaria; or
                  (C) on March 13, 1941, in the event that the 
                property in respect of which such debt claim is 
                filed was owned immediately prior to vesting be 
                a national of Hungary.
Any defense to the payment of such claim which would have been 
available to the debtor shall be available to the designee, 
except that the period from and after December 7, 1941, shall 
not be included for the purpose of determining the 
applicability of any statute of limitations. Debt claims 
allowable under this section shall include only those of 
natural persons who were citizens of the United States at the 
dates their debtors became obligated to them; those of other 
natural persons who are and have been continuously since 
December 7, 1941, residents of the United States; those of 
corporations organized under the laws of the United States of 
any State, Territory, or possession thereof, or the District of 
Columbia; and those acquired by the designee of the President 
under this title. Successors in interest by inheritance, 
devise, bequest, or operation of law of debt claimants, other 
than persons who would themselves be disqualified hereunder 
from allowance of a debt claim, shall be eligible for payment 
to the same extent as their principals or predecessors would 
have been.
    (b) The designee of the President under this title shall 
fix a date or dates after which the filing of debt claims in 
respect of any or all debtors shall be barred, and may extend 
the time so fixed, and shall give at least sixty days' notice 
thereof by publication in the Federal Register. In no event 
shall the time extend beyond the expiration of one year from 
the date of the last vesting in the designee of the President 
of any property of a debtor in respect to whose debts the date 
is fixed. No debt shall be paid prior to expiration of one 
hundred and twenty days after publication of the first such 
notice in respect of the debtor, nor in any event shall any 
payment of a debt claim be made out of any property or proceeds 
in respect of which a suit or proceeding for return pursuant to 
this title is pending.
    (c) The designee shall examine the claims, and such 
evidence in respect thereof as may be presented to him or as he 
may introduce into the record, and shall make a determination, 
with respect to each claim, of allowance or disallowance, in 
whole or in part. The determination of the designee that a 
claim is within either paragraph (1) or (2) of subsection (a) 
of this section shall be final and shall not be subject to 
judicial review, and such claim shall not be considered a debt 
claim for any purpose under this section.
    (d) Payment of debt claims shall be made only out of such 
money included in, or received as net proceeds from the sale, 
use, or other disposition of, any property owned by the debtor 
immediately prior to its vesting in the designee of the 
President, as shall remain after deduction of (1) the amount of 
the expenses of the designee (including both expenses in 
connection with such property or proceeds thereof, and such 
portion as the designee shall fix of his other expenses), and 
of taxes, as defined in section 212, paid by the designee in 
respect to such property or proceeds; and (2) such amount, if 
any, as the designee may establish as a cash reserve for the 
future payment of such expenses and taxes. If the money 
available hereunder for the payment of debt claims against the 
debtor is insufficient for the satisfaction of all claims 
allowed by the designee, ratable payments shall be made in 
accordance with subsection (g) of this section to the extent 
permitted by the money available and additional payments shall 
be made whenever the designee shall determine that substantial 
further money has become available, through liquidation of any 
such property or otherwise. The designee shall not be required, 
through any judgment of any court, levy of execution, or 
otherwise, to sell or liquidate any property vested in him, for 
the purpose of paying or satisfying any debt claim.
    (e) If the aggregate of debt claims filed as prescribed 
does not exceed the money from which, in accordance with 
subsection (d) of this section, payment may be made, the 
designee shall pay each claim to the extent allowed, and shall 
serve by registered mail, on each claimant whose claim is 
disallowed in whole or in part, a notice of such disallowance. 
Within sixty days after the date of mailing of the designee's 
determination, any debt claimant whose claim has been 
disallowed in whole or in part may file in the District Court 
of the United States for the District of Columbia a complaint 
for review of such disallowance naming the designee as 
defendant. Such complaint shall be served on the designee. The 
designee, within forty-five days after service on him, shall 
certify and file in said court a transcript of the record of 
proceedings with respect to the claim in question. Upon good 
cause shown such time may be extended by the court. Such record 
shall include the claim as filed, such evidence with respect 
thereto as may have been presented to the designee or 
introduced into the record by him, and the determination of the 
designee with respect thereto, including any findings made by 
him. The court may, in its discretion, take additional 
evidence, upon a showing that such evidence was offered to and 
excluded by the designee, or could not reasonably have been 
adduced before him or was not available to him. The court shall 
enter judgment affirming, modifying, or reversing the 
designee's determination, and directing payment in the amount, 
if any, which it finds due.
    (f) If the aggregate of debt claims filed as prescribed 
exceeds the money from which, in accordance with subsection (d) 
of this section, payment may be made, the designee shall 
prepare and serve by registered mail on all claimants a 
schedule of all debt claims allowed and the proposed payment to 
each claimant. In preparing such schedule, the designee shall 
assign priorities in accordance with subsection (g) of this 
section. Within sixty days after the date of mailing of such 
schedule, any claimant considering himself aggrieved may file 
in the District Court of the United States for the District of 
Columbia a complaint for review of such schedule, naming the 
designee as defendant. A copy of such complaint shall be served 
upon the designee and on each claimant named in the schedule. 
The designee, within forty-five days after service on him, 
shall certify and file in said court a transcript of the record 
of proceedings with respect to such schedule. Upon good cause 
shown such time may be extended by the court. Such record shall 
include the claims in question as filed, such evidence with 
respect thereto as may have been presented to the designee or 
introduced into the record by him, any findings or other 
determinations made by the designee with respect thereto, and 
the schedule prepared by the designee. The court may, in its 
discretion, take additional evidence, upon a showing that such 
evidence was offered to and excluded by the designee or could 
not reasonably have been adduced before him or was not 
available to him. Any interested debt claimant who has filed a 
claim with the designee pursuant to this section, upon timely 
application to the court, shall be permitted to intervene in 
such review proceedings. The court shall enter judgment 
affirming or modifying the schedule as prepared by the designee 
and directing payment, if any be found due, pursuant to the 
schedule as affirmed or modified and to the extent of the money 
from which, in accordance with subsection (d) of this section, 
payment may be made. Pending the decision of the court on such 
complaint for review, and pending final determination of any 
appeal from such decision, payment may be made only to an 
extent, if any, consistent with the contentions of all 
claimants for review.
    (g) Debt claims shall be paid in the following order of 
priority: (1) Wage and salary claims, not to exceed $600; (2) 
claims entitled to priority under sections 3466 and 3468 of the 
Revised Statutes (31 U.S.C., secs. 191 and 193), except as 
provided in subsection (h) of this section; (3) all other 
claims for services rendered; for expenses incurred in 
connection with such services, for rent, for goods and 
materials delivered to the debtor, and for payments made to the 
debtor for goods or services not received by the claimant; (4) 
all other debt claims. No payment shall be made to claimants 
within a subordinate class unless the money from which, in 
accordance with subsection (d) of this section, payment may be 
made, permits payment in full of all allowed claims in every 
prior class.
    (h) No debt of any kind shall be entitled to priority under 
any law of the United States or any State, Territory, or 
possession thereof, or the District of Columbia, solely by 
reason of becoming a debt due or owing to the United States as 
a result of its acquisition by the designee of the President 
under this title.
    (i) The sole relief and remedy available to any person 
seeking satisfaction of a debt claim out of any property vested 
in the designee under section 202(a), or the proceeds thereof, 
shall be the relief and remedy provided in this section, and 
suits for the satisfaction of debt claims shall not be 
instituted, prosecuted, or further maintained except in 
conformity with this section. No person asserting any interest, 
right, or title in any property or proceeds acquired by the 
designee shall be barred from proceeding pursuant to this title 
for the return thereof, by reason of any proceeding which he 
may have brought pursuant to this section; nor shall any 
security interest asserted by the creditor in any such property 
or proceeds be deemed to have been waived solely by reason of 
such proceeding. Nothing contained in this section shall bar 
any person from the prosecution of any suit at law or in equity 
against the original debtor or against any other person who may 
be liable for the payment of any debt for which a claim might 
have been filed hereunder. No purchaser, lessee, licensee, or 
other transferee of any property from the designee shall, 
solely by reason of such purchase, lease, license, or transfer, 
become liable for the payment of any debt owed by the person 
who owned such property prior to its vesting in the designee. 
Payment by the designee to any debt claimant shall constitute, 
to the extent of payment, a discharge of the indebtedness 
represented by the claim.
    Sec. 209.\44\ The officer or agency designated by the 
President under this title to entertain claims under section 
207(b) and section 208 shall have power to hold such hearings 
as may be deemed necessary; to prescribe rules and regulations 
governing the form and contents of claims, the proof thereof, 
and all other matters related to proceedings on such claims; 
and in connection with such proceedings to issue subpenas, 
administer oaths, and examine witnesses. Such powers, and any 
other powers conferred upon such officer or agency by section 
207(b) and section 208, may be exercised through subordinate 
officers designated by such officer or agency.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 1631h. Sec. 3 of Public Law 84-285 (69 Stat. 568) 
added sec. 209.
---------------------------------------------------------------------------
    Sec. 210.\45\ No suit may be instituted pursuant to section 
207(a) after the expiration of one year from the date of 
vesting of the property in respect of which relief is sought. 
No return may be made pursuant to section 207(b) unless notice 
of claim has been filed within one year from the date of 
vesting of the property in respect of which the claim is filed.
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 1631i. Sec. 3 of Public Law 84-285 (69 Stat. 568) 
added sec. 210.
---------------------------------------------------------------------------
    Sec. 211.\46\ No property or proceeds shall be returned 
under this title, nor shall any payment be made or judgment 
awarded in respect of any property vested in any officer or 
agency designated by the President under this title unless 
satisfactory evidence is furnished to said designee, or the 
court, as the case may be, that the aggregate of the fees to be 
paid to all agents, attorneys at law or in fact, or 
representatives, for services rendered in connection with such 
return or payment or judgment does not exceed 10 per centum of 
the value of such property or proceeds or of such payment. Any 
agent, attorney at law or in fact, or representative, believing 
that the aggregate of the fees should be in excess of such 10 
per centum may, in the case of any return of, or the making of 
any payment in respect of, such property or proceeds by the 
President or such officer or agency as he may designate, 
petition the district court of the United States for the 
district in which he resides for an order authorizing fees in 
excess of 10 per centum and shall name such officer or agency 
as respondent. The court hearing such petition or a court 
awarding any judgment in respect of any such property or 
proceeds, as the case may be, shall approve an aggregate of 
fees in excess of 10 per centum of the value of such property 
or proceeds only upon a finding that there exist special 
circumstances of unusual hardship which require the payment of 
such excess. Any person accepting any fee in excess of an 
amount approved under this section, or retaining for more than 
thirty days any portion of a fee, accepted prior to such 
approval, in excess of the fee as approved, shall be guilty of 
a violation of this title.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 1631j. Sec. 3 of Public Law 84-285 (69 Stat. 568) 
added sec. 211.
---------------------------------------------------------------------------
    Sec. 212.\47\ (a) The vesting in any officer or agency 
designated by the President under this title of any property or 
the receipt by such designee of any earnings, increment, or 
proceeds thereof shall not render inapplicable any Federal, 
State, Territorial, or local tax for any period before or after 
such vesting.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 1631k. Sec. 3 of Public Law 84-285 (69 Stat. 569) 
added sec. 212.
---------------------------------------------------------------------------
    (b) The officer or agency designated by the President under 
this title shall, notwithstanding the filing of any claim or 
the institution of any suit under this title, pay any tax 
incident to any such property, or the earnings, increment, or 
proceeds thereof, at the earliest time appearing to him to be 
not contrary to the interest of the United States. The former 
owner shall not be liable for any such tax accruing while such 
property, earnings, increment, or proceeds are held by such 
designee, unless they are returned pursuant to this title 
without payment of such tax by the designee. Every such tax 
shall be paid by the designee to the same extent, as nearly as 
may be deemed practicable, as though the property had not been 
vested, and shall be paid only out of the property, or 
earnings, increment, or proceeds thereof, to which they are 
incident or out of other property acquired from the same former 
owner, or earnings, increment, or proceeds thereof. No tax 
liability may be enforced from any property or the earnings, 
increment, or proceeds thereof while held by the designee 
except with his consent. Where any property is transferred, 
otherwise than pursuant to section 207(a) or 207(b) hereof, the 
designee may transfer the property free and clear of any tax, 
except to the extent of any lien for a tax existing and 
perfected at the date of vesting, and the proceeds of such 
transfer shall, for tax purposes, replace the property in the 
hands of the designee.
    (c) Subject to the provisions of subsection (b) of this 
section, the manner of computing any Federal taxes, including 
without limitation by reason of this enumeration, the 
applicability in such computation of credits, deductions, and 
exemptions to which the former owner is or would be entitled, 
and the time and manner of any payment of such taxes and the 
extent of any compliance by the designee with provisions of 
Federal law and regulations applicable with respect to Federal 
taxes, shall be in accordance with regulations prescribed by 
the Secretary of the Treasury to effectuate this section. 
Statutes of limitations on assessments, collection, refund, or 
credit of Federal taxes shall be suspended with respect to any 
vested property or the earnings, increment, or proceeds 
thereof, while vested and for six months thereafter; but no 
interest shall be paid upon any refund with respect to any 
period during which the statute of limitations is so suspended.
    (d) The word ``tax'' as used in this section shall include, 
without limitation by reason of this enumeration, any property, 
income, excess-profits, war-profits, excise, estate, and 
employment tax, import duty, and special assessment; and also 
any interest, penalty, additional amount, or addition thereto 
not arising from any act, omission, neglect, failure, or delay 
on the part of the designee.
    Sec. 213.\48\ Prior to covering the net proceeds of 
liquidation of any property into the Treasury pursuant to 
section 202(a), the designee of the President under this title 
shall determine--
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 1631l. Sec. 3 of Public Law 84-285 (69 Stat. 570) 
added sec. 213.
---------------------------------------------------------------------------
          (1) the amount of his administrative expenses 
        attributable to the performance of his functions under 
        this title with respect to such property and the 
        proceeds thereof. The amount so determined, together 
        with an amount not exceeding that expended or incurred 
        for the conservation, preservation, or maintenance of 
        such property and the proceeds thereof, and for taxes 
        in respect of same, shall be deducted and retained by 
        the designee from the proceeds otherwise covered into 
        the Treasury; and
          (2) that the time for the institution of a suit under 
        section 207(a), for the filing of a notice of claim 
        under section 207(b), and for the filing of debt claims 
        under section 208 has elapsed.
The determinations of the designee under this section shall be 
final and conclusive.
    Sec. 214.\49\ No property conveyed, transferred, assigned, 
delivered, or paid to the designee of the President under this 
title, or the net proceeds thereof, shall be liable to lien, 
attachment, garnishment, trustee process, or execution, or 
subject to any order or decree of any court, except as provided 
in this title.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 1631m. Sec. 3 of Public Law 84-285 (69 Stat. 570) 
added sec. 214.
---------------------------------------------------------------------------
    Sec. 215.\50\ Whoever shall willfully violate any provision 
of this title or any rule or regulation issued hereunder, and 
whoever shall willfully violate, neglect, or refuse to comply 
with any order of the President or of a designee of the 
President under this title, issued in compliance with the 
provisions of this title shall be fined not more than $5,000, 
or, if a natural person, imprisoned for not more than five 
years, or both; and the officer, director, or agent of any 
corporation who knowingly participates in such violation shall 
be punished by a like fine, imprisonment, or both.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 1631n. Sec. 3 of Public Law 84-285 (69 Stat. 570) 
added sec. 215.
---------------------------------------------------------------------------
    Sec. 216.\51\ (a) Notwithstanding any other provision of 
this Act or any provision of the Trading With the Enemy Act, as 
amended, any person (1) who was formerly a national of 
Bulgaria, Hungary, or Rumania, and (2) who, as a consequence of 
any law, decree, or regulation of the nation of which he was a 
national discriminating against political, racial or religious 
groups, at no time between December 7, 1941, and the time when 
such law, decree, or regulation was abrogated enjoyed full 
rights of citizenship under the law of such nation, shall be 
eligible hereunder to receive the return of his interest in 
property which was vested under section 202(a) hereof or under 
the Trading With the Enemy Act, as amended, as the property of 
a corporation organized under the laws of Bulgaria, Hungary, or 
Rumania if 25 per centum or more of the outstanding capital 
stock of such corporation was owned at the date of vesting by 
such persons and nationals of countries other than Bulgaria, 
Hungary, Rumania, Germany, or Japan, or if such corporation was 
subjected after December 7, 1941, under the laws of its 
country, to special wartime measures directed against it 
because of the enemy character of some or all of its 
stockholders; and no certificate by the Department of State as 
provided under section 207(c) hereof shall be required for such 
persons.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 1631o. Sec. 1(7) of Public Law 90-421 (82 Stat. 421) 
added sec. 216.
---------------------------------------------------------------------------
    (b) An interest in property vested under the Trading With 
the Enemy Act, as amended, as the property of a corporation 
organized under the laws of Bulgaria, Hungary, or Rumania shall 
be subject to return under subsection (a) of this section only 
if a notice of claim for the return of any such interest has 
been timely filed under the provisions of section 33 of that 
Act, provided that application may be made therefore within six 
months after the date of enactment hereof. In the event such 
interest has been liquidated and the net proceeds thereof 
transferred to the Bulgarian Claims Fund, Hungarian Claims 
Fund, or Rumanian Claims Fund, the net proceeds of any other 
interest representing vested property held in the United States 
Treasury may be used for the purpose of making the return 
hereunder.
    (c) Determinations by the designee of the President or any 
other officer or agency with respect to claims under this 
section, including the allowance or disallowance thereof, shall 
be final and shall not be subject to review by any court.

                             TITLE III \52\

 claims against bulgaria, hungary, rumania, italy, and the soviet union

    Sec. 301.\53\ As used in this title the term--
---------------------------------------------------------------------------
    \52\ Sec. 3 of Public Law 84-285 (69 Stat. 570) added title III.
    \53\ 22 U.S.C. 1641. Sec. 3 of Public Law 84-285 (69 Stat. 570) 
added sec. 301.
---------------------------------------------------------------------------
          (1) ``Person'' means a natural person, partnership, 
        association, other unincorporated body, corporation, or 
        body politic.
          (2) ``National of the United States'' means (A) a 
        natural person who is a citizen of the United States or 
        who owes permanent allegiance to the United States, and 
        (B) a corporation or other legal entity which is 
        organized under the laws of the United States, any 
        State or Territory thereof, or the District of 
        Columbia, if natural persons who are nationals of the 
        United States own, directly or indirectly, more than 50 
        per centum of the outstanding capital stock or other 
        beneficial interest in such legal entity. It does not 
        include aliens.
          (3) ``Treaty of peace'', with respect to a country, 
        means the treaty of peace with that country signed at 
        Paris, France, February 10, 1947,\54\ which came into 
        force between that country and the United States on 
        September 15, 1947.
---------------------------------------------------------------------------
    \54\ 61 Stat., pt. 2.
---------------------------------------------------------------------------
          (4) ``Memorandum of Understanding'' means the 
        Memorandum of Understanding between the United States 
        and Italy regarding Italian assets in the United States 
        and certain claims of nationals of the United States, 
        signed at Washington, District of Columbia, August 14, 
        1947 (61 Stat. 3962).
          (5) ``Soviet Government'' means the Union of Soviet 
        Socialist Republics, including any of its present or 
        former constituent republics, other political 
        subdivisions, and any territories thereof, as 
        constituted on or prior to November 16, 1933.
          (6) ``Litvinov Assignment'' means (A) the 
        communications dated November 16, 1933, from Maxim 
        Litvinov to President Franklin D. Roosevelt, wherein 
        the Soviet Government assigned to the Government of the 
        United States amounts admitted or found to be due it as 
        the successor of prior governments of Russia, or 
        otherwise, preparatory to a final settlement of the 
        claims outstanding between the two Governments and the 
        claims of their nationals; (B) the communication dated 
        November 16, 1933, from President Franklin D. Roosevelt 
        to Maxim Litvinov, accepting such assignment; and (C) 
        the assignments executed by Serge Ughet on August 25, 
        1933, and November 15, 1933, assigning certain assets 
        to the Government of the United States.
          (7) ``Russian national'' includes any corporation or 
        business association organized under the laws, decrees, 
        ordinances or acts of the former Empire of Russia or of 
        any government successor thereto, and subsequently 
        nationalized or dissolved or whose assets were taken 
        over by the Soviet Government or which was merged with 
        any other corporation or organization by the Soviet 
        Government.
          (8) ``Commission'' means the Foreign Claims 
        Settlement Commission of the United States, established 
        pursuant to Reorganization Plan Numbered 1 of 1954 (68 
        Stat. 1279).\55\
---------------------------------------------------------------------------
    \55\ 22 U.S.C. 1622 note.
---------------------------------------------------------------------------
          (9) ``Property'' means any property, right, or 
        interest.
    Sec. 302.\56\ (a) There are hereby created in the Treasury 
of the United States five funds to be known as the Bulgarian 
Claims Fund, the Hungarian Claims Fund, the Rumanian Claims 
Fund, the Italian Claims Funds, and the Soviet Claims Fund. The 
Secretary of the Treasury shall cover into each of the 
Hungarian, Rumanian, and Bulgarian Claims Funds, the funds 
attributable to the respective country or its nationals covered 
into the Treasury pursuant to subsections (a) and (b) of 
section 202 of this Act. The Secretary of the Treasury shall 
cover into the Italian Claims Fund the sum $5,000,000 paid to 
the United States by the Government of Italy pursuant to 
article II of the Memorandum of Understanding.\57\ The 
Secretary shall cover into the Treasury the funds collected by 
the United States pursuant to the Litvinov Assignment 
(including postal funds due prior to November 16, 1933, to the 
Union of Soviet Socialist Republics because of money orders 
certified to that country for payment) and shall cover into the 
Soviet Claims Fund the funds so covered into the Treasury. The 
Secretary shall deduct from each claims fund 5 per centum 
thereof as reimbursement to the Government of the United States 
for the expenses incurred by the Commission and by the Treasury 
Department in the administration of this title. Such deduction 
shall be made before any payment is made out of such fund under 
section 310. All amounts so deducted shall be covered into the 
Treasury to the credit of miscellaneous receipts.
---------------------------------------------------------------------------
    \56\ 22 U.S.C. 1641a. Sec. 3 of Public Law 84-285 (69 Stat. 571) 
added sec. 302.
    \57\ 61 Stat. 3962.
---------------------------------------------------------------------------
    (b) \58\ The Secretary of the Treasury shall cover into 
each of the Bulgarian and Rumanian Claims Funds such sums as 
may be paid by the Government of the respective country 
pursuant to the terms of any claims settlement agreement 
between the Government of the United States and the Government 
of such country.
---------------------------------------------------------------------------
    \58\ Sec. 8 of Public Law 90-421 (82 Stat. 422) added subsec. (b).
---------------------------------------------------------------------------
    (c) \59\ The Secretary of the Treasury shall cover into the 
Hungarian Claims Fund, such sums as may be paid to the United 
States by the Government of Hungary pursuant to the terms of 
the United States-Hungarian Claims Agreement of March 6, 
1973.\60\
---------------------------------------------------------------------------
    \59\ Sec. 1(1) of Public Law 93-460 (88 Stat. 1386) added subsec. 
(c).
    \60\ TIAS 7569; 24 UST 522.
---------------------------------------------------------------------------
    Sec. 303.\61\ The Commission shall receive and determine in 
accordance with the applicable substantive law, including 
international law, the validity and amounts of claims of 
nationals of the United States against the Governments of 
Bulgaria, Hungary, and Rumania, or any of them, arising out of 
the failure to--
---------------------------------------------------------------------------
    \61\ 22 U.S.C. 1641b. Sec. 3 of Public Law 84-285 (69 Stat. 571) 
added sec. 303.
---------------------------------------------------------------------------
          (1) restore or pay compensation for property of 
        nationals of the United States as required by article 
        23 of the treaty of peace with Bulgaria, articles 26 
        and 27 of the treaty of peace with Hungary, and 
        articles 24 and 25 of the treaty of peace with 
        Rumania.\62\ Awards under this paragraph shall be in 
        amounts not to exceed two-thirds of the loss or damage 
        actually sustained;
---------------------------------------------------------------------------
    \62\ 61 Stat. pt. 2.
---------------------------------------------------------------------------
          (2) pay effective compensation for the 
        nationalization, compulsory liquidation, or other 
        taking, prior to the effective date of this title, of 
        property of nationals of the United States in Bulgaria, 
        Hungary, and Rumania;
          (3) meet obligations expressed in currency of the 
        United States arising out of contractual or other 
        rights acquired by nationals of the United States prior 
        to April 24, 1984, in the case of Bulgaria, and prior 
        to September 1, 1939, in the case of Hungary and 
        Rumania, and which became payable prior to September 
        15, 1947;
          (4) \63\ pays effective compensation for the 
        nationalization, compulsory liquidation, or other 
        taking of property of nationals of the United States in 
        Bulgaria and Rumania, between August 9, 1955, and the 
        effective date of the claims agreement between the 
        respective country and the United States; and
---------------------------------------------------------------------------
    \63\ Sec. 10 of Public Law 90-421 (82 Stat. 422) added para. (4).
---------------------------------------------------------------------------
          (5) \64\ pay effective compensation for the 
        nationalization, compulsory liquidation, or other 
        taking of property of nationals of the United States in 
        Hungary, between August 9, 1955, and the date the 
        United States-Hungarian Claims Agreement of March 6, 
        1973, enters into force.\65\
---------------------------------------------------------------------------
    \64\ Sec. 1(3) of Public Law 93-460 (88 Stat. 1386) added para. 
(5).
    \65\ 61 Stat. 3902.
---------------------------------------------------------------------------
    Sec. 304.\66\ (a) The Commission shall receive and 
determine, in accordance with the Memorandum of Understanding 
\65\ and applicable substantive law including international 
law, the validity and amount of claims of nationals of the 
United States against the Government of Italy arising out of 
the war in which Italy was engaged from June 10, 1940, to 
September 15, 1947, and with respect to which provision was not 
made in the treaty of peace with Italy. Upon payment of the 
principal amounts (without interest) of all awards from the 
Italian Claims Fund created pursuant to section 302 of this 
Act, the Commission shall determine the validity and amount of 
any claim under this section by any natural person who was a 
citizen of the United States on the date of enactment of this 
title and shall, in the event an award is issued pursuant to 
such claims, certify the same to the Secretary of the Treasury 
for payment out of remaining balances in the Italian Claims 
Fund in accordance with the provisions of section 310 of this 
Act, notwithstanding that the period of time prescribed in 
section 316 of this Act for the settlement of all claims under 
this section may have expired.\67\
---------------------------------------------------------------------------
    \66\ 22 U.S.C. 1641c. Sec. 3 of Public Law 84-285 (69 Stat. 572) 
added sec. 304.
    \67\ Public Law 85-604 added this sentence.
---------------------------------------------------------------------------
    (b) \68\ The Commission shall receive and determine, or 
redetermine, as the case may be, in accordance with applicable 
substantive law, including international law, the validity and 
amounts of claims owned by persons who were eligible to file 
claims under the first sentence of subsection (a) of this 
section on the date of enactment of this title, but failed to 
file such claims or, if they filed such claims, failed to file 
such claims within the limit of time required therefor: 
Provided, That no awards shall be made to persons who have 
received compensation in any amount pursuant to the treaty of 
peace with Italy, subsection (a) of this section, or section 
202 of the War Claims Act of 1948, as amended.
---------------------------------------------------------------------------
    \68\ Sec. 11 of Public Law 90-421 (82 Stat. 422) added subsecs. (b) 
through (f).
---------------------------------------------------------------------------
    (c) \68\ The Commission shall receive and determine, or 
redetermine as the case may be, in accordance with applicable 
substantive law, including international law, the validity and 
amounts of claims owned by persons who were nationals of the 
United States on September 3, 1943, and the date of enactment 
of this subsection, against the Government of Italy which arose 
out of the war in which Italy was engaged from June 10, 1940, 
to September 15, 1947, in territory ceded by Italy pursuant to 
the treaty of peace with Italy: Provided, That no awards shall 
be made to persons who have received compensation in any amount 
pursuant to the treaty of peace with Italy or subsection (a) of 
this section.
    (d) \68\ Within thirty days after enactment of this 
subsection, or within thirty days after the date of enactment 
of legislation making appropriations to the Commission for 
payment of administrative expenses incurred in carrying out its 
functions under subsections (b) and (c) of this section, 
whichever date is later, the Commission shall publish in the 
Federal Register the time when and the limit of time within 
which claims may be filed with the Commission, which limit 
shall not be more than six months after such publication.
    (e) \68\ The Commission shall certify awards on claims 
determined pursuant to subsection (b) and (c) of this section 
to the Secretary of the Treasury for payment out of remaining 
balances in the Italian Claims Fund in accordance with the 
provisions of section 310 of this title, after payment in full 
of all awards certified pursuant to subsection (a) of this 
section.
    (f) \68\ After payment in full of all awards certified to 
the Secretary of the Treasury pursuant to subsections (a) and 
(e) of this section, the Secretary of the Treasury is 
authorized and directed to transfer the unobligated balance in 
the Italian Claims Fund into the War Claims Fund created by 
section 13 of the War Claims Act of 1948, as amended.
    Sec. 305.\69\ (a) The Commission shall receive and 
determine in accordance with applicable substantive law, 
including international law, the validity and amounts of--
---------------------------------------------------------------------------
    \69\ 22 U.S.C. 1641d. Sec. 3 of Public Law 84-285 (69 Stat. 572) 
added sec. 305.
---------------------------------------------------------------------------
          (1) claims of nationals of the United States against 
        a Russian national originally accruing in favor of a 
        national of the United States with respect to which a 
        judgment was entered in, or a warrant of attachment 
        issued from, any court of the United States or of a 
        State of the United States in favor of a national of 
        the United States, with which judgment or warrant of 
        attachment a lien was obtained by a national of the 
        United States, prior to November 16, 1933, upon any 
        property in the United States which has been taken, 
        collected, recovered, or liquidated by the Government 
        of the United States pursuant to the Litvinov 
        Assignment. Awards under this paragraph shall not 
        exceed the proceeds of such property as may have been 
        subject to the lien of the judgment or attachment; nor, 
        in the event that such proceeds are less than the 
        aggregate amount of all valid claims so related to the 
        same property, exceed an amount equal to the proportion 
        which each such claim bears to the total amount of such 
        proceeds; and
          (2) claims, arising prior to November 16, 1933, of 
        nationals of the United States against the Soviet 
        Government.
    (b) Any judgment entered in any court of the United States 
or of a State of the United States shall be binding upon the 
Commission in its determination, under paragraph (1) of 
subsection (a) of this section, of any issue which was 
determined by the court in which the judgment was entered.
    (c) The Commission shall give preference to the disposition 
of the claims referred to in paragraph (1) of subsection (a) of 
this section, over all other claims presented to it under this 
title.
    Sec. 306.\70\ (a) Within sixty days after the date of 
enactment of this title, or within sixty days after the date of 
enactment of legislation making appropriations to the 
Commission for payment of administrative expenses incurred in 
carrying out its functions under paragraph (1), (2), or (3) of 
section 303 of this title, whichever date is later, the 
Commission shall publish in the Federal Register the time when 
and the limit of time within which claims may be filed under 
this title, which limit shall not be more than one year after 
such publication, except that with respect to claims under 
section 305 this limit shall not exceed six months.
---------------------------------------------------------------------------
    \70\ 22 U.S.C. 1641e. Sec. 3 of Public Law 84-285 (69 Stat. 572) 
added sec. 306.
---------------------------------------------------------------------------
    (b) \71\ Within thirty days after enactment of this 
subsection or the enactment of legislation making 
appropriations to the Commission for payment of administrative 
expenses incurred in carrying out its functions under paragraph 
(4) of section 303 of this title, whichever is later, the 
Commission shall publish in the Federal Register the time when 
and the limit of time within which claims may be filed under 
paragraph (4) of section 303 of this title, which limit shall 
not be more than six months after such publication.
---------------------------------------------------------------------------
    \71\ Sec. 12 of Public Law 90-421 (82 Stat. 423) added subsec. (b).
---------------------------------------------------------------------------
    (c) \72\ Within thirty days after enactment of this 
subsection, or thirty days after enactment of legislation 
making appropriations to the Commission for payment of 
administrative expenses incurred in carrying out its functions 
under paragraph (5) of section 303, whichever date is later, 
the Commission shall publish in the Federal Register the time 
when, and the limit of time within which, claims may be filed 
with the Commission under paragraph (5) of section 303, which 
limit shall not be more than six months after such publication.
---------------------------------------------------------------------------
    \72\ Sec. 1(4) of Public Law 93-460 (88 Stat. 1386) added subsecs. 
(c) and (d).
---------------------------------------------------------------------------
    (d) \72\ Notwithstanding any other provision of this 
section, any national of the United States who was mailed 
notice by any department or agency of the Government of the 
United States with respect to filing a claim against the 
government of Hungary arising out of any of the failures 
referred to in paragraph (1), (2), or (3) of section 303 of 
this title, and who did not receive the notice as the result of 
administrative error in placing a nonexistent address on the 
notice, may file with the Commission a claim under any such 
paragraph. The Commission shall publish in the Federal 
Register, within thirty days after enactment of this paragraph, 
when the limit of time within which any such claim may be filed 
with the Commission, which limit shall not be more than six 
months after such publication.
    Sec. 307.\73\ The amount of any award made pursuant to this 
title based on a claim of a national of the United States other 
than the national of the United States to whom the claim 
originally accrued shall not exceed the amount of the actual 
consideration last paid therefor either prior to January 1, 
1953, or between that date and the filing of the claim, 
whichever is less.
---------------------------------------------------------------------------
    \73\ 22 U.S.C. 1641f. Sec. 3 of Public Law 84-285 (69 Stat. 573) 
added sec. 307.
---------------------------------------------------------------------------
    Sec. 308.\74\ The Commission shall as soon as possible, and 
in the order of the making of such awards, certify to the 
Secretary of the Treasury, in terms of United States currency, 
each award made pursuant to this title.
---------------------------------------------------------------------------
    \74\ 22 U.S.C. 1641g. Sec. 3 of Public Law 84-285 (69 Stat. 573) 
added sec. 308.
---------------------------------------------------------------------------
    Sec. 309.\75\ All payments authorized under this title 
shall be disbursed exclusively from the claims funds 
attributable to the country with respect to which the claims 
are allowed pursuant to this title. All amounts covered into 
the Treasury to the credit of the claims funds created by 
section 302 are hereby permanently appropriated for the making 
of the payments authorized under this title.
---------------------------------------------------------------------------
    \75\ 22 U.S.C. 1641h. Sec. 3 of Public Law 84-285 (69 Stat. 573) 
added sec. 309.
---------------------------------------------------------------------------
    Sec. 310.\76\ (a) The Secretary of the Treasury shall make 
payments on account of awards certified by the Commission 
pursuant to this title as follows:
---------------------------------------------------------------------------
    \76\ 22 U.S.C. 1641i. Sec. 3 of Public Law 84-285 (69 Stat. 573) 
added sec. 310.
---------------------------------------------------------------------------
          (1) Payment in full of the principal amount of each 
        award made pursuant to section 305(a)(1) and each award 
        of $1,000 or less made pursuant to section 303 or 304;
          (2) Payment in full of the principal amount of each 
        award of $1,000 or less made pursuant to section 
        305(a)(2);
          (3) Payment in the amount of $1,000 on account of the 
        principal of each award or more than $1,000 in amount 
        made pursuant to section 303, 304, or 305(a)(2);
          (4) After completing the payments under the preceding 
        paragraphs of this subsection from any one fund, 
        payments from time to time, in ratable proportions, on 
        account of the then unpaid principal of all awards in 
        the principal amount of more than $1,000, according to 
        the proportions which the unpaid principal of such 
        awards bear to the total amount in the fund available 
        for distribution on account of such awards at the time 
        such payments are made;
          (5) After payment has been made in full of the 
        principal amounts of all awards from any one fund, pro 
        rate payments from the remainder of such fund then 
        available for distribution on account of accrued 
        interest on such award as bear interest.
          (6) \77\ Whenever the Commission is authorized to 
        settle claims by the enactment of paragraph (4) of 
        section 303 of this title with respect to Rumania and 
        Bulgaria, no further payments shall be authorized by 
        the Secretary of the Treasury on account of awards 
        certified by the Commission pursuant to paragraph (1), 
        (2), or (3) of section 303 of the Bulgarian or Rumanian 
        Claims Funds, as the case may be, until payments on 
        account of awards certified pursuant to paragraph (4) 
        of section 303 with respect to such fund have been 
        authorized in equal proportion to payments previously 
        authorized on existing awards certified pursuant to 
        paragraphs (1), (2), and (3) of section 303.
---------------------------------------------------------------------------
    \77\ Sec. 13 of Public Law 90-421 (82 Stat. 423) added para. (6).
---------------------------------------------------------------------------
          (7) \78\ (A) Except as otherwise provided in 
        subparagraph (D), whenever the Commission is authorized 
        to settle claims by enactment of paragraph (5) of 
        section 303 of this title with respect to Hungary, no 
        further payments shall be authorized by the Secretary 
        of the Treasury on account of awards certified by the 
        Commission under paragraphs (2) and (3) of section 303 
        out of the Hungarian Claims Fund until payments on 
        account of awards certified under paragraph (5) of 
        section 303 with respect to such fund have been 
        authorized in equal proportions to payments previously 
        authorized on existing awards certified under 
        paragraphs (2) and (3) of section 303.
---------------------------------------------------------------------------
    \78\ Sec. 1(5) of Public Law 93-460 (88 Stat. 1386) added para. 
(7).
---------------------------------------------------------------------------
          (B) Except as otherwise provided in subparagraph (D), 
        with respect to awards previously certified under 
        paragraph (1) of section 303, the Secretary of the 
        Treasury shall not authorize any further payments until 
        payments on account of awards certified under 
        paragraphs (2), (3), and (5) of section 303 have been 
        authorized in equal proportions to payments previously 
        authorized on existing awards certified under paragraph 
        (1) of section 303.
          (C) Except as otherwise provided in subparagraph (D), 
        the Secretary of the Treasury shall not authorize any 
        further payments on account of awards certified under 
        paragraph (3), of section 303 based on Kingdom of 
        Hungary bonds expressed in United States dollars or 
        upon awards to Standstill creditors of Hungary that 
        were the subject matter of the agreement of December 6, 
        1969, between the Government of Hungary and the 
        American Committee for Standstill creditors of Hungary.
          (D) No payments shall be authorized by the Secretary 
        of the Treasury on account of awards certified by the 
        Commission under paragraph (5) of section 303 of this 
        title, and no further payments shall be so authorized 
        under paragraph (1), (2), or (3) of section 303 (except 
        payments certified as the result of claims filed under 
        subsection (d) of section 306), until payments on 
        accounts of awards certified under such paragraphs (1), 
        (2), and (3) as the result of a claims filed under 
        subsection (d) of section 306 have been authorized in 
        equal proportions to payments previously authorized on 
        existing awards certified under such paragraphs and 
        arising out of claims filed other than under such 
        subsection (d).
          (E) The Secretary of the Treasury is authorized and 
        directed to deduct the sum of $125,000 from the 
        Hungarian Claims Fund and cover such amount into the 
        Treasury to the credit of miscellaneous receipts in 
        satisfaction of the claim of the United States referred 
        to in article 2, paragraph 4 of the United States-
        Hungarian Claims Agreement of March 6, 1973. Such 
        amount shall be deducted in annual installments over 
        the period during which the Government of Hungary makes 
        payments to the Government of the United States as 
        provided in article 4 of the agreement.
    (b) Such payments, and applications for such payments, 
shall be made in accordance with such regulations as the 
Secretary of the Treasury shall prescribe.
    (c) For the purposes of making any such payments, an 
``award'' shall be deemed to mean the aggregate of all awards 
certified in favor of the same claimant and payable from the 
same fund.
    (d) With respect to any claim which, at the time of the 
award, is vested in persons other than the person to whom the 
claim originally accrued, the Commission may issue a 
consolidated award in favor of all claimants then entitled 
thereto, which award shall indicate the respective interests of 
such claimants therein; and all such claimants shall 
participate, in proportion to their indicated interests, in the 
payments provided by this section in all respects as if the 
award had been in favor of a single person.
    Sec. 311.\79\ (a) If a corporation or other legal entity 
has a claim on which an award may be made under this title, no 
award may be made to any other person under this title with 
respect to such claim.
---------------------------------------------------------------------------
    \79\ 22 U.S.C. 1641j. Sec. 3 of Public Law 84-285 (69 Stat. 573) 
added sec. 311.
---------------------------------------------------------------------------
    (b) A claim based upon an interest, direct or indirect, in 
a corporation or other legal entity which directly suffered the 
loss with respect to which the claim is asserted, but which was 
not a national of the United States at the time of the loss, 
shall be acted upon without regard to the nationality of such 
legal entity if at the time of the loss at least 25 per centum 
of the outstanding capital stock or other beneficial interest 
in such entity was owned, directly or indirectly, by natural 
persons who were nationals of the United States. This 
subsection shall not be construed so as to exclude from 
eligibility a claim based upon a direct ownership interest in a 
corporation, association, or other entity, or the property 
thereof, for loss by reason of the nationalization, compulsory 
liquidation, or other taking of such corporation, association, 
or other entity by the Governments of Bulgaria, Hungary, Italy, 
Rumania, or the Soviet Government. Any such claim may be 
allowed without regard to the per centum of ownership vested in 
the claimant.\80\
---------------------------------------------------------------------------
    \80\ Public Law 85-604 (72 Stat. 531) added this sentence. Sec. 
3(b) of Public Law 85-604 also provided that ``Any claim heretofore 
denied under subsection (b) of section 311 of the International Claims 
Settlement Act of 1949, as amended, prior to the date of enactment of 
this section, shall be reconsidered by the Foreign Claims Settlement 
Commission solely to redetermine its validity and amount by reason of 
the amendments made by this section.''.
---------------------------------------------------------------------------
    Sec. 312.\81\ No award shall be made under this title to or 
for the benefit of any person who voluntarily, knowingly, and 
without duress, gave aid to or collaborated with or in any 
manner served any government hostile to the United States 
during World War II, or who has been convicted of a violation 
of any provision of chapter 115, of title 18, of the United 
States Code,\82\ or of any other crime involving disloyalty to 
the United States.
---------------------------------------------------------------------------
    \81\ 22 U.S.C. 1641k. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 312.
    \82\ 62 Stat. 807.
---------------------------------------------------------------------------
    Sec. 313.\83\ Payment of any award made pursuant to section 
303 or 305 shall not, unless such payment is for the full 
amount of the claim, as determined by the Commission to be 
valid, with respect to which the award is made, extinguish such 
claim, or be construed to have divested any claimant, or the 
United States on his behalf, of any rights against the 
appropriate foreign government or national for the unpaid 
balance of his claim or for restitution of his property. All 
awards or payments made pursuant to this title shall be without 
prejudice to the claims of the United States against any 
foreign government.
---------------------------------------------------------------------------
    \83\ 22 U.S.C. 1641l. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 313.
---------------------------------------------------------------------------
    Sec. 314.\84\ The action of the Commission in allowing or 
denying any claim under this title shall be final and 
conclusive on all questions of law and fact and not subject to 
review by any other official of the United States or by any 
court by mandamus or otherwise, and the Comptroller General 
shall allow credit in the accounts of any certifying or 
disbursing officer for payments in accordance with such action.
---------------------------------------------------------------------------
    \84\ 22 U.S.C. 1641m. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 314.
---------------------------------------------------------------------------
    Sec. 315.\85\ There are hereby authorized to be 
appropriated such sums as may be necessary to enable the 
Commission and the Treasury Department to pay their 
administrative expenses incurred in carrying out their 
functions under this title.
---------------------------------------------------------------------------
    \85\ 22 U.S.C. 1641n. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 315.
---------------------------------------------------------------------------
    Sec. 316.\86\ (a) The Commission shall complete its affairs 
in connection with the settlement of claims pursuant to section 
305(a)(1) not later than two years, and all other claims 
pursuant to this title not later than four years, following the 
date of enactment of this title, or following the date of 
enactment of legislation making appropriations to the 
Commission for the payment of administrative expenses incurred 
in carrying out its functions under this title, whichever date 
is later.
---------------------------------------------------------------------------
    \86\ 22 U.S.C. 1641o. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 316.
---------------------------------------------------------------------------
    (b) \87\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to paragraph 
(4) of section 303 and subsections (b) and (c) of section 304 
of this title not later than two years following the date of 
enactment of such paragraphs, or following the enactment of 
legislation making appropriations to the Commission for payment 
of administrative expenses incurred in carrying out its 
functions under paragraph (4) of section 303 and subsections 
(b) and (c) of section 304 of this title, whichever is later.
---------------------------------------------------------------------------
    \87\ Sec. 14 of Public Law 90-421 (82 Stat. 423) added subsec. (b).
---------------------------------------------------------------------------
    (c) \88\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to paragraph 
(5) of section 303 of this title not later than two years 
following the deadline established under subsection (c) of 
section 306 of this title.
---------------------------------------------------------------------------
    \88\ Sec. 1(6) of Public Law 93-460 (88 Stat. 1386) added subsec. 
(c).
---------------------------------------------------------------------------
    Sec. 317.\89\ (a) The total remuneration paid to all 
agents, attorneys at law or in fact, or representatives, for 
services rendered on behalf of any claimant in connection with 
any claim filed with the Commission shall not exceed 10 per 
centum of the total amount paid under this title on account of 
such claim, or such greater amount as may be determined 
pursuant to subsection (b) of this section. Any agreement to 
the contrary shall be unlawful and void. Whoever, in the United 
States or elsewhere, demands or receives, on account of 
services so rendered, any remuneration which, together with all 
remuneration paid to other persons on account of such services 
and of which he has notice, is in excess of the maximum 
permitted by this section, shall be fined not more than $5,000 
or imprisoned not more than twelve months, or both.
---------------------------------------------------------------------------
    \89\ 22 U.S.C. 1641p. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 317.
---------------------------------------------------------------------------
    (b) Not later than three months after the Commission has 
completed its affairs in connection with the settlement of all 
claims payable from the fund from which an award is payable, 
any agent, attorney at law or in fact, or representative who 
believes that the total remuneration for services rendered in 
connection with the claim upon which such award is made should 
exceed the maximum otherwise permitted by this section may, 
pursuant to such procedure as the Commission shall prescribe by 
regulation, petition the Commission for an order authorizing 
the payment of remuneration in excess of such maximum. The 
Commission shall issue such an order only upon a finding that 
there exist special circumstances of unusual hardship which 
require the payment of such excess; and such order shall state 
the amount of the excess which may so be paid. The 
determination of the Commission in ruling upon such petition 
shall be within the sole discretion of the Commission and shall 
not be subjected to review by any court.
    Sec. 318.\90\ The following provisions of title I shall be 
applicable to this title: Subsections (b), (c), (d), (e), (h), 
and (j) of section 4; and subsections (c), (d), (e), and (f) of 
section 7.
---------------------------------------------------------------------------
    \90\ 22 U.S.C. 1641q. Sec. 3 of Public Law 84-285 (69 Stat. 574) 
added sec. 318.
---------------------------------------------------------------------------

                             TITLE IV \91\

                     claims against czechoslovakia

    Sec. 401.\92\ As used in this title--
---------------------------------------------------------------------------
    \91\ Public Law 85-604 (72 Stat. 527) added title IV. See also 
Czechoslovakian Claims Settlement Act of 1981.
    \92\ 22 U.S.C. 1642. Sec. 1 of Public Law 85-604 (72 Stat. 527) 
added sec. 401.
---------------------------------------------------------------------------
    (1) ``National of the United States,'' means (A) a natural 
person who is a citizen of the United States, or who owes 
permanent allegiance to the United States, and (B) a 
corporation or other legal entity which is organized under the 
laws of the United States, any State or Territory thereof, or 
the District of Columbia, if natural persons who are nationals 
of the United States own, directly, or indirectly, more than 50 
per centum of the outstanding capital stock or other beneficial 
interest in such legal entity. It does not include aliens.
    (2) ``Commission'' means the Foreign Claims Settlement 
Commission of the United States, established, pursuant to 
Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).
    (3) ``Property'' means any property, right, or interest.
    Sec. 402.\93\ (a) The Secretary of the Treasury is directed 
to hold, in an account in the Treasury of the United States, 
the net proceeds of the sale of certain Czechoslovakian steel 
mill equipment heretofore blocked and sold in the United States 
by order of the Secretary of the Treasury under authority of 
Executive Order Numbered 9193, dated July 6, 1942 (7 F.R. 5205, 
July 9, 1942).
---------------------------------------------------------------------------
    \93\ 22 U.S.C. 1642a. Sec. 1 of Public Law 85-604 (72 Stat. 527) 
added sec. 402.
---------------------------------------------------------------------------
    (b) \94\ There is hereby created in the Treasury of the 
United States a fund to be designated the Czechoslovakian 
Claims Fund, for the payment of unsatisfied claims of nationals 
of the United States against Czechoslovakia as authorized in 
this title.
---------------------------------------------------------------------------
    \94\ See also sec. 4 of the Czechoslovakian Claims Settlement Act 
of 1981 (Public Law 97-127) which establishes three accounts in the 
Fund which shall be available for payments of claims awarded under sec. 
410 of this Act, under sec. 5 of Public Law 97-127, and under sec. 6 of 
Public Law 97-127.
---------------------------------------------------------------------------
    (c) If, within one year following the date of enactment of 
this title, the Government of Czechoslovakia voluntarily 
settles with and pays to the Government of the United States a 
sum in payment of claims of United States nationals against 
Czechoslovakia, all moneys held pursuant to subsection (a) of 
this section will be disposed of in accordance with the terms 
of the settlement agreement with Czechoslovakia and applicable 
provisions of this title and the sum paid by Czechoslovakia 
shall be covered into the Czechoslovakian Claims Fund.
    (d) Upon the expiration of one year after the date of 
enactment of this title if no settlement with Czechoslovakia of 
the type specified in subsection (c) of this section has 
occurred, all moneys held pursuant to subsection (a) of this 
section except amounts held in reserve pursuant to section 403 
of this title, shall be covered into the Czechoslovakian Claims 
Fund.
    (e) The Secretary of the Treasury shall deduct from the 
Czechoslovakian Claims Fund 5 per centum thereof as 
reimbursement to the Government of the United States for the 
expenses incurred by the Commission and by the Treasury 
Department in the administration of this title.\95\ The amount 
so deducted shall be covered into the Treasury to the credit of 
miscellaneous receipts.
---------------------------------------------------------------------------
    \95\ Sec. 4(a) of the Czechoslovakian Claims Settlement Act of 1981 
(Public Law 97-127) stipulates that $50,000 shall be deducted from the 
fund for the costs of administrating this title and Public Law 97-127, 
and that such deduction shall be made in lieu of the deduction 
described in this subsection.
---------------------------------------------------------------------------
    (f) After the deduction for administrative expenses 
pursuant to subsection (e) of this section, and after payment 
of awards certified pursuant to section 410 of this title, the 
balance remaining in the Fund, if any, shall be paid to 
Czechoslovakia in accordance with instructions to be provided 
by the Secretary of State.
    Sec. 403.\96\ No judicial relief or remedy shall be 
available to any person asserting a claim against the United 
States or any officer or agent thereof with respect to any 
action taken under this title, or any other claim for or on 
account of the property or proceeds described in section 402 of 
this title, or for any other action taken with respect thereto 
except to the extent that the action complained of constitutes 
a taking of private property without just compensation, and to 
such extent the sole judicial relief and remedy available shall 
be an action brought against the United States in the United 
States Court of Federal Claims \97\ which action must be 
brought within one year of the date of enactment of this title 
or it shall be forever barred; and any action so brought shall 
receive a preference over all actions which themselves are not 
given preference by statute. No other court shall have original 
jurisdiction to consider any such claim by mandamus or 
otherwise. If any action is brought pursuant to this section 
the Secretary of the Treasury shall set aside an appropriate 
reserve in the account containing the moneys held pursuant to 
subsection (a) of section 402 of this title. Such reserve shall 
be retained pending a final determination of all issues raised 
in the action and recovery in any such action shall be limited 
to and paid out of the moneys so reserved. After a final 
determination of all issues raised in the action and payment of 
any judgment against the United States entered pursuant 
thereto, any balance no longer required to be held in reserve 
shall be disposed of in accordance with the provisions of 
subsection (d) of section 402 of this title. Nothing in this 
section shall be construed to create (1) any liability against 
the United States for any action taken pursuant to section 404 
of this title, (2) any liability against the United States in 
favor of the Government of Czechoslovakia, any agency or 
instrumentality thereof or any person who is an assignee or 
successor in interest thereto, or (3) any other liability 
against the United States.
---------------------------------------------------------------------------
    \96\ 22 U.S.C. 1642b. Sec. 1 of Public Law 85-604 (72 Stat. 528) 
added sec. 403.
    \97\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided 
that any reference in any Federal law or any document to the ``United 
States Claims Court'' shall be deemed to refer to the ``United States 
Court of Federal Claims''. Previously, sec. 161(6) of the Federal 
Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out 
``United States Court of Claims'' and inserted in lieu thereof ``United 
States Claims Court''.
---------------------------------------------------------------------------
    Sec. 404.\98\ The Commission shall determine in accordance 
with applicable substantive law, including international law, 
the validity and amount of claims by nationals of the United 
States against the Government of Czechoslovakia for losses 
resulting from the nationalization or other taking on and after 
January 1, 1945, of property including any rights or interests 
therein owned at the time by nationals of the United States, 
subject, however, to the terms and conditions of an applicable 
claims agreement, if any, concluded between the Governments of 
Czechoslovakia and the United States within one year following 
the date of enactment of this title. In making the 
determination with respect to the validity and amount of claims 
and value of properties, rights, or interest taken, the 
Commission is authorized to accept the fair or proved value of 
the said property, right, or interest as of a time when the 
property or business enterprise taken, was last operated, used, 
managed or controlled by the national or nationals of the 
United States asserting the claim irrespective of whether such 
date is prior to the actual date of nationalization or taking 
by the Government of Czechoslovakia.
---------------------------------------------------------------------------
    \98\ 22 U.S.C. 1642c. Sec. 1 of Public Law 85-604 (72 Stat. 528) 
added sec. 404.
---------------------------------------------------------------------------
    Sec. 405.\99\ A claim under section 404 of this title shall 
not be allowed unless the property upon which the claim is 
based was owned by a national of the United States on the date 
of nationalization or other taking thereof and unless the claim 
has been held by a national of the United States continuously 
thereafter until the date of filing with the Commission.
---------------------------------------------------------------------------
    \99\ 22 U.S.C. 1642d. Sec. 1 of Public Law 85-604 (72 Stat. 528) 
added sec. 405. See also sec. 6(b) of the Czechoslovakian Claims 
Settlement Act of 1981 (Public Law 97-127), which states, in part, that 
the provisions of this section ``shall be deemed to be met if such 
property was owned on such a date by a person who became a national of 
the United States on or before February 26, 1948.''.
---------------------------------------------------------------------------
    Sec. 406.\100\ (a) A claim under section 404 of this title 
based upon an ownership interest in any corporation, 
association, or other entity which is a national of the United 
States shall be denied.
---------------------------------------------------------------------------
    \100\ 22 U.S.C. 1642e. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 406.
---------------------------------------------------------------------------
    (b) A claim under section 404 of this title, based upon a 
direct ownership interest in a corporation, association, or 
other entity for loss by reason of the nationalization or other 
taking of such corporation, association, or other entity, or 
the property thereof, shall be allowed, subject to other 
provisions of this title, if such corporation, association, or 
other entity on the date of the nationalization or other taking 
was not a national of the United States, without regard to the 
per centum of ownership vested in the claimant in any such 
claim.
    (c) A claim under section 404 of this title, based upon an 
indirect ownership interest in a corporation, association, or 
other entity for loss by reason of the nationalization or other 
taking of such corporation, association, or other entity, or 
the property thereof, shall be allowed, subject to other 
provisions of this title, only if at least 25 per centum of the 
entire ownership interest thereof at the time of such 
nationalization or other taking was vested in nationals of the 
United States.
    (d) Any award on a claim under subsection (b) or (c) of 
this section shall be calculated on the basis of the total loss 
suffered by such corporation, association, or other entity, and 
shall bear the same proportion to such loss as the ownership 
interest of the claimant bears to the entire ownership interest 
thereof.
    Sec. 407.\101\ In determining the amount of any award by 
the Commission there shall be deducted all amounts the claimant 
has received from any source on account of the same loss or 
losses with respect to which such award is made.
---------------------------------------------------------------------------
    \101\ 22 U.S.C. 1642f. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 407.
---------------------------------------------------------------------------
    Sec. 408.\102\ With respect to any claim under section 404 
of this title which, at the time of the award, is vested in 
persons other than the person by whom the loss was sustained, 
the Commission may issue a consolidated award in favor of all 
claimants then entitled thereto, which award shall indicate the 
respective interests of such claimants therein, and all such 
claimants shall participate, in proportion to their indicated 
interests, in the payments authorized by this title in all 
respects as if the award had been in favor of a single person.
---------------------------------------------------------------------------
    \102\ 22 U.S.C. 1642g. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 408.
---------------------------------------------------------------------------
    Sec. 409.\103\ No award shall be made on any claim under 
section 404 of this title to or for the benefit of (1) any 
person who has been convicted of a violation of any provision 
of chapter 115, title 18, of the United States Code, or of any 
other crime involving disloyalty to the United States, or (2) 
any claimant whose claim under this title is within the scope 
of title III of this Act.
---------------------------------------------------------------------------
    \103\ 22 U.S.C. 1642h. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 409.
---------------------------------------------------------------------------
    Sec. 410.\104\ The Commission shall certify to the 
Secretary of the Treasury, in terms of United States currency, 
each award made pursuant to this title.
---------------------------------------------------------------------------
    \104\ 22 U.S.C. 1642i. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 410.
---------------------------------------------------------------------------
    Sec. 411.\105\ Within sixty days after the enactment of 
this title or of legislation making appropriations to the 
Commission for payment of administrative expenses incurred in 
carrying out its functions under this title, whichever date is 
later, the Commission shall give public notice by publication 
in the Federal Register of the time when, and the limit of time 
within which claims may be filed, which limit shall not be more 
than twelve months after such publication.
---------------------------------------------------------------------------
    \105\ 22 U.S.C. 1642j. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 411.
---------------------------------------------------------------------------
    Sec. 412.\106\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to this title 
not later than three years following the final date for the 
filing of claims as provided in section 411 of this title or 
following the enactment of legislation making appropriations to 
the Commission for payment of administrative expenses incurred 
in carrying out its functions under this title, whichever date 
is later.
---------------------------------------------------------------------------
    \106\ 22 U.S.C. 1642k. Sec. 1 of Public Law 85-604 (72 Stat. 529) 
added sec. 412.
---------------------------------------------------------------------------
    Sec. 413.\107\ (a) The Secretary of the Treasury is 
authorized and directed, out of the sums covered into the 
Czechoslovakian Claims Fund, to make payments on account of 
awards certified by the Commission pursuant to this title as 
follows and in the following order of priority.
---------------------------------------------------------------------------
    \107\ 22 U.S.C. 1642l. Sec. 1 of Public Law 85-604 (72 Stat. 530) 
added sec. 413.
---------------------------------------------------------------------------
          (1) Payment in the amount of $1,000 or in the amount 
        of the award, whichever is less.
          (2) Thereafter, payments from time to time on account 
        of the unpaid balance of each remaining award made 
        pursuant to this title which shall bear to such unpaid 
        balance the same proportion as the total amount in the 
        fund available for distribution at the time such 
        payments are made bears to the aggregate unpaid balance 
        of all such awards.
    (b) Such payments, and applications for such payments, 
shall be made in accordance with such regulations as the 
Secretary of the Treasury shall prescribe.
    (c) For the purpose of making any such payments, an 
``award'' shall be deemed to mean the aggregate of all awards 
certified in favor of the same claimant.
    (d) If any person to whom any payment is to be made 
pursuant to this title is decreased or is under a legal 
disability, payment shall be made to his legal representative, 
except that if any payment to be made is not over $1,000 and 
there is no qualified executor or administrator, payment may be 
made to the person or persons found by the Comptroller General 
to be entitled thereto, without the necessity of compliance and 
with the requirements of law with respect to the administration 
of estates.
    (e) Subject to the provisions of any claims agreement 
hereafter concluded between the Governments of Czechoslovakia 
and the United States, payment of any award pursuant to this 
title shall not, unless such payment is for the full amount of 
the claim, as determined by the Commission to be valid, with 
respect to which the award is made, extinguish such claim or be 
construed to have divested any claimant, or the United States 
on his behalf, of any rights against any foreign government for 
the unpaid balance of his claim.
    Sec. 414.\108\ No remuneration on account of services 
rendered on behalf of any claimant in connection with any claim 
filed with the Commission under this title shall exceed 10 per 
centum of the total amount paid pursuant to any award certified 
under the provisions of this title on account of such claim. 
Any agreement to the contrary shall be unlawful and void. 
Whoever, in the United States or elsewhere, demands or 
receives, on account of services so rendered, any remuneration 
in excess of the maximum permitted by this section, shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined not more than $5,000 or imprisoned not more than twelve 
months, or both.
---------------------------------------------------------------------------
    \108\ 22 U.S.C. 1642m. Sec. 1 of Public Law 85-604 (72 Stat. 530) 
added sec. 414.
---------------------------------------------------------------------------
    Sec. 415.\109\ The Secretary of State is authorized and 
directed to transfer or otherwise make available to the 
Commission such records and documents relating to claims 
authorized by this title as may be required by the Commission 
in carrying out its functions under this title.
---------------------------------------------------------------------------
    \109\ 22 U.S.C. 1642n. Sec. 1 of Public Law 85-604 (72 Stat. 530) 
added sec. 415.
---------------------------------------------------------------------------
    Sec. 416.\110\ To the extent they are not inconsistent with 
the provisions of this title, the following provisions of title 
I shall be applicable to this title: Subsections (b), (c), (d), 
(e), (h), and (j) of section 4; subsections (c), (d), (e), and 
(f) of section 7.
---------------------------------------------------------------------------
    \110\ 22 U.S.C. 1642o. Sec. 1 of Public Law 85-604 (72 Stat. 530) 
added sec. 416.
---------------------------------------------------------------------------
    Sec. 417.\111\ There are hereby authorized to be 
appropriated such sums as may be necessary to enable the 
Commission and the Treasury Department to pay their 
administrative expenses incurred in carrying out their 
functions under this title.
---------------------------------------------------------------------------
    \111\ 22 U.S.C. 1642p. Sec. 1 of Public Law 85-604 (72 Stat. 530) 
added sec. 417.
---------------------------------------------------------------------------

                             TITLE V \112\

                            purpose of title

    Sec. 501.\113\ It is the purpose of this title to provide 
for the determination of the amount and validity of claims 
against the Government of Cuba \114\, or the Chinese Communist 
regime,\115\ which have arisen since January 1, 1959, in the 
case of claims against the Government of Cuba, or since October 
1, 1949, in the case of claims against the Chinese Communist 
regime,\116\ out of nationalization, expropriation, 
intervention, or other takings of, or special measures directed 
against, property of nationals of the United States, and claims 
for disability or death of nationals of the United States 
arising out of violations of international law by the 
Government of Cuba, or the Chinese Communist regime,\115\ in 
order to obtain information concerning the total amount of such 
claims against the Government of Cuba, or the Chinese Communist 
regime,\115\ on behalf of nationals of the United States. This 
title shall not be construed as authorizing an appropriation or 
as any intention to authorize an appropriation for the purpose 
of paying such claims.
---------------------------------------------------------------------------
    \112\ Public Law 88-666 (78 Stat. 1110) added title V.
    \113\ 22 U.S.C. 1643. Public Law 88-666 (78 Stat. 1110) added sec. 
501.
    \114\ Public Law 89-262 (79 Stat. 988) struck out ``which have 
arisen out of debts for merchandise furnished or services rendered by 
nationals of the United States without regard to the date on which such 
merchandise was furnished or services were rendered or'' which 
previously followed ``the Government of Cuba''.
    \115\ Public Law 89-780 (80 Stat. 1365) inserted ``, or the Chinese 
Communist regime,''.
    \116\ Public Law 89-780 (80 Stat. 1365) inserted ``in the case of 
claims against the Government of Cuba, or since October 1, 1949, in the 
case of claims against the Chinese Communist regime,''.
---------------------------------------------------------------------------
    Sec. 502.\117\ For the purposes of this title:
    (1) The term ``national of the United States,'' means (A) a 
natural person who is a citizen of the United States, or (B) a 
corporation or other legal entity which is organized under the 
laws of the United States, or of any States, the District of 
Columbia, or the Commonwealth of Puerto Rico, if natural 
persons who are citizens of the United States own, directly or 
indirectly, 50 per centum or more of the outstanding capital 
stock or other beneficial interest of such corporation or 
entity. The term does not include aliens.
---------------------------------------------------------------------------
    \117\ 22 U.S.C. 1643a. Public Law 88-666 (78 Stat. 1110) added sec. 
502.
---------------------------------------------------------------------------
    (2) The term ``Commission'' means the Foreign Claims 
Settlement Commission of the United States.
    (3) The term ``property'' means any property, right, or 
interest, including any leasehold interest, and debts owned by 
the Government of Cuba or the Chinese Communist regime \115\ or 
by enterprises which have been nationalized, expropriated, 
intervened, or taken by the Government of Cuba or the Chinese 
Communist regime \115\ and debts which are a charge on property 
which has been nationalized, expropriated, intervened, or taken 
by the Government of Cuba or the Chinese Communist regime.\115\
    (4) The term ``Government of Cuba'' includes the government 
of any political subdivision, agency, or instrumentality 
thereof.
    (5) \118\ The term ``Chinese Communist regime'' means the 
so-called People's Republic of China, including any political 
subdivision, agency, or instrumentality thereof.
---------------------------------------------------------------------------
    \118\ Sec. 2 of Public Law 89-780 (80 Stat. 1365) added para. (5).
---------------------------------------------------------------------------

                           receipt of claims

    Sec. 503.\119\ (a) The Commission shall receive and 
determine in accordance with applicable substantive law, 
including international law, the amount and validity of claims 
by nationals of the United States against the Government of 
Cuba \120\ or the Chinese Communist regime,\115\ arising since 
January 1, 1959, in the case of claims against the Government 
of Cuba, or since October 1, 1949, in the case of claims 
against the Chinese Communist regime,\116\ for losses resulting 
from the nationalization, expropriation, intervention, or other 
taking of, or special measures directed against, property 
including any rights or interests therein owned wholly or 
partially, directly or indirectly at the time by nationals of 
the United States, if such claims are submitted to the 
Commission within such period specified by the Commission by 
notice published in the Federal Register (which period shall 
not be more than eighteen months after such publication) within 
sixty days after the enactment of this title or sixty days 
after the enactment of the amendments made thereto with respect 
to claims against the Chinese Communist regime,\121\ or of 
legislation making appropriations to the Commission for payment 
of administrative expenses incurred in carrying out its 
functions with respect to each respective claims program 
authorized under this title, whichever date is later. In making 
the determination with respect to the validity and the amount 
of claims and value of properties, rights, or interests taken, 
the Commission shall take into account the basis of valuation 
most appropriate to the property and equitable to the claimant, 
including but not limited to, (i) fair market value, (ii) book 
value, (iii) going concern value, or (iv) cost of replacement.
---------------------------------------------------------------------------
    \119\ 22 U.S.C. 1643b. Public Law 88-666 (78 Stat. 1110) added sec. 
503.
    \120\ Sec. 2 of Public Law 89-262 (79 Stat. 988) struck out 
``arising out of debts for merchandise furnished or services rendered 
by nationals of the United States without regard to the date on which 
such merchandise was furnished or services were rendered or'' which 
previously appeared at this point.
    \121\ Sec. 3 of Public Law 89-780 (80 Stat. 1365) inserted ``or 
sixty days after the enactment of the amendments made thereto with 
respect to claims against the Chinese Communist regime,''.
---------------------------------------------------------------------------
    (b) The Commission shall receive and determine in 
accordance with applicable substantive law, including 
international law, the amount and validity of claims by 
nationals of the United States against the Government of Cuba, 
or the Chinese Communist regime,\115\ arising since January 1, 
1959, in the case of claims against the Government of Cuba, or 
since October 1, 1949, in the case of claims against the 
Chinese Communist regime,\116\ for disability or death 
resulting from actions taken by or under the authority of the 
Government of Cuba, or the Chinese Communist regime,\115\ if 
such claims are submitted to the Commission within the period 
established by the Commission under subsection (a), or within 
six months after the date the claims first arose (as determined 
by the Commission), whichever date last occurs.

                          ownership of claims

    Sec. 504.\122\ (a) A claim shall not be considered under 
section 503(a) of this title unless the property on which the 
claim was based was owned wholly or partially, directly or 
indirectly by a national of the United States on the date of 
the loss and if considered shall be considered only to the 
extent the claim has been held by one or more nationals of the 
United States continuously thereafter until the date of filing 
with the Commission.
---------------------------------------------------------------------------
    \122\ 22 U.S.C. 1643c. Public Law 88-666 (78 Stat. 1111) added sec. 
504.
---------------------------------------------------------------------------
    (b) A claim for disability under section 503(b) may be 
considered if it is filed by the disabled person or by his 
successors in interest; and a claim for death under section 
503(b) may be considered if filed by the personal 
representative of decedent's estate or by a person or persons 
for pecuniary losses and damage sustained on account of such 
death. A claim shall not be considered under this section 
unless the disabled or deceased person was a national of the 
United States at the time of injury or death and if considered, 
shall be considered only to the extent the claim has been held 
by a national or nationals of the United States continuously 
until the date of filing with the Commission.

                            corporate claims

    Sec. 505.\123\ (a) A claim under section 503(a) of this 
title based upon an ownership interest in any corporation, 
association, or other entity which is a national of the United 
States shall not be considered. A claim under section 503(a) of 
this title based upon a debt or other obligation owing by any 
corporation, association, or other entity organized under the 
laws of the United States, or of any State, the District of 
Columbia, or the Commonwealth of Puerto Rico shall be 
considered, only when such debt or other obligation is a charge 
on property which has been nationalized, expropriated, 
intervened, or taken by the Government of Cuba, or the Chinese 
Communist regime.\124\
---------------------------------------------------------------------------
    \123\ 22 U.S.C. 1643d. Public Law 88-666 (78 Stat. 1111) added sec. 
505.
    \124\ Sec. 3 of Public Law 89-262 (79 Stat. 988) added this 
sentence. Subsequently, sec. 4 of Public Law 89-780 (80 Stat. 1365) 
inserted ``, or the Chinese Communist regime''.
---------------------------------------------------------------------------
    (b) A claim under section 503(a) of this title based upon a 
direct ownership interest in a corporation, association, or 
other entity for loss shall be considered, subject to the other 
provisions of this title, if such corporation, association, or 
other entity on the date of the loss was not a national of the 
United States, without regard to the per centum of ownership 
vested in the claimant.
    (c) A claim under section 503(a) of this title based upon 
an indirect ownership interest in a corporation, association, 
or other entity for loss shall be considered, subject to the 
other provisions of this title, only if at least 25 per centum 
of the entire ownership interest thereof at the time of such 
loss was vested in nationals of the United States.
    (d) The amount of any claim covered by subsection (b) or 
(c) of this section shall be calculated on the basis of the 
total loss suffered by such corporation, association, or other 
entity, and shall bear the same proportion to such loss as the 
ownership interest of the claimant at the time of loss bears to 
the entire ownership interest thereof.

                                offsets

    Sec. 506.\125\ In determining the amount of any claim, the 
Commission shall deduct all amounts the claimant has received 
from any source on account of the same loss or losses.\126\
---------------------------------------------------------------------------
    \125\ 22 U.S.C. 1643e. Public Law 88-666 (78 Stat. 1112) added sec. 
506.
    \126\ Sec. 4 of Public Law 89-262 (79 Stat. 988) struck out ``: 
Provided, That the deduction of such amounts shall not be construed as 
divesting the United States of any rights against the Government of 
Cuba for the amounts so deducted''.
---------------------------------------------------------------------------

              action of commission with respect to claims

    Sec. 507.\127\ (a) The Commission shall certify to each 
individual who has filed a claim under this title the amount 
determined by the Commission to be the loss of damage suffered 
by the claimant which is covered by this title. The Commission 
shall certify to the Secretary of State such amount and the 
basic information underlying that amount, together with a 
statement of the evidence relied upon and the reasoning 
employed in reaching its decision.
---------------------------------------------------------------------------
    \127\ 22 U.S.C. 1643f. Public Law 88-666 (78 Stat. 1112) added sec. 
507.
---------------------------------------------------------------------------
    (b) The amount determined to be due on any claim of an 
assignee who acquires the same by purchase shall not exceed 
(or, in the case of any such acquisition subsequent to the date 
of the determination, shall not be deemed to have exceeded) the 
amount of the actual consideration paid by such assignee, or in 
case of successive assignments of a claim by any assignee.

                          transfer of records

    Sec. 508.\128\ The Secretary of State shall transfer or 
otherwise make available to the Commission such records and 
documents relating to claims authorized by this title as may be 
required by the Commission in carrying out its functions under 
this title.
---------------------------------------------------------------------------
    \128\ 22 U.S.C. 1643g. Public Law 88-666 (78 Stat. 1112) added sec. 
508.
---------------------------------------------------------------------------

                       application of other laws

    Sec. 509.\129\ To the extent they are not inconsistent with 
the provisions of this title, the following provisions of title 
I of this Act shall be applicable to this title: Subsections 
(b), (c), (d), (e), (h), and (j) of section 4; subsection (f) 
of section 7.
---------------------------------------------------------------------------
    \129\ 22 U.S.C. 1643h. Public Law 88-666 (78 Stat. 1112) added sec. 
509.
---------------------------------------------------------------------------

                           settlement period

    Sec. 510.\130\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to this title 
not later than July 6, 1972.
---------------------------------------------------------------------------
    \130\ 22 U.S.C. 1643i. Public Law 88-666 (78 Stat. 1112) added sec. 
510. Public Law 91-157 (83 Stat. 435) set July 6, 1972 as the final 
date for the settlement of claims pursuant to this title.
---------------------------------------------------------------------------

                             appropriations

    Sec. 511.\131\ There are hereby authorized to be 
appropriated such sums as may be necessary to enable the 
Commission to pay its administration expenses incurred in 
carrying out its functions under this title.
---------------------------------------------------------------------------
    \131\ 22 U.S.C. 1643j. Public Law 88-666 (78 Stat. 1113) added sec. 
511. Subsequently, sec. 5 of Public Law 89-262 (79 Stat. 988) amended 
and restated sec. 511.
---------------------------------------------------------------------------

                           fees for services

    Sec. 512.\132\ No remuneration on account of any services 
rendered on behalf of any claimant in connection with any claim 
filed with the Commission under this title shall exceed 10 per 
centum of so much of the total amount of such claim, as 
determined under this title, as does not exceed $20,000, plus 5 
per centum of so much of such amount, if any, as exceeds 
$20,000. Any agreement to the contrary shall be unlawful and 
void. Whoever, in the United States or elsewhere, demands or 
receives on account of services so rendered, any remuneration 
in excess of the maximum permitted by this section, shall be 
fined not more than $5,000 or imprisoned not more than twelve 
months, or both.
---------------------------------------------------------------------------
    \132\ 22 U.S.C. 1643k. Public Law 88-666 (78 Stat. 1113) added sec. 
512.
---------------------------------------------------------------------------

                              separability

    Sec. 513.\133\ If any provision of this Act, or the 
application thereof to any person or circumstances, shall be 
held invalid, the reminder of the Act, or the application of 
such provision to other persons or circumstances, shall not be 
affected.
---------------------------------------------------------------------------
    \133\ Public Law 88-666 (78 Stat. 1113) added sec. 513.
---------------------------------------------------------------------------

determination of ownership of claims referred by district courts of the 
                             united states

    Sec. 514.\134\ Notwithstanding any other provision of this 
Act and only for purposes of section 302 of the Cuban Liberty 
and Democratic Solidarity (LIBERTAD) Act of 1996, a United 
State district court, for fact-finding purposes, may refer to 
the Commission, and the Commission may determine, questions of 
the amount and ownership of a claim by a United States national 
(as defined in section 4 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996), resulting from the 
confiscation of property by the Government of Cuba described in 
section 503(a), whether or not the United States national 
qualified as a national of the United States (as defined in 
section 502(1)) at the time of the action by the Government of 
Cuba.
---------------------------------------------------------------------------
    \134\ 22 U.S.C. 1643l. Sec. 303(b) of Public Law 104-114 (110 Stat. 
820) added sec. 514. Sec. 303(c) of that Act provided:
    ``(c) Rule of Construction.--Nothing in this Act or in section 514 
of the International Claims Settlement Act of 1949, as added by 
subsection (b), shall be construed--
---------------------------------------------------------------------------

  ``(1) to require or otherwise authorize the claims of Cuban nationals who 
became United States citizens after their property was confiscated to be 
included in the claims certified to the Secretary of State by the Foreign 
Claims Settlement Commission for purposes of future negotiation and 
espousal of claims with a friendly government in Cuba when diplomatic 
relations are restored; or

  ``(2) as superseding, amending, or otherwise altering certifications that 
have been made under title V of the International Claims Settlement Act of 
1949 before the date of the enactment of this Act.''.

   exclusivity of foreign claims settlement commission certification 
                               procedure

    Sec. 515.\135\ (a) Subject to subsection (b), neither any 
national of the United States who was eligible to file a claim 
under section 503 but did not timely file such claim under that 
section, nor any person who was ineligible to file a claim 
under section 503, nor any national of Cuba, including any 
agency, instrumentality, subdivision, or enterprise of the 
Government of Cuba or any local government of Cuba, nor any 
successor thereto, whether or not recognized by the United 
States, shall have a claim to, participate in, or otherwise 
have an interest in, the compensation proceeds or nonmonetary 
compensation paid or allocated to a national of the United 
States by virtue of a claim certified by the Commission under 
section 507, nor shall any district court of the United States 
have jurisdiction to adjudicate any such claim.
---------------------------------------------------------------------------
    \135\ 22 U.S.C. 1643m. Sec. 304 of Public Law 104-114 (110 Stat. 
821) added sec. 515.
---------------------------------------------------------------------------
    (b) Nothing in subsection (a) shall be construed to detract 
from or otherwise affect any rights in the shares of capital 
stock of nationals of the United States owning claims certified 
by the Commission under section 507.

                             TITLE VI \136\

                            purpose of title

    Sec. 600.\137\ It is the purpose of this title to provide 
for the determination of the validity and amounts of 
outstanding claims against the German Democratic Republic which 
arose out of the nationalization, expropriation, or other 
taking of (or special measures directed against) property 
interests of nationals of the United States. This title shall 
not be construed as authorizing or as any intention to 
authorize an appropriation by the United States for the purpose 
of paying such claims.
---------------------------------------------------------------------------
    \136\ Public Law 94-542 (90 Stat. 2509) added title VI.
    \137\ 22 U.S.C. 1644. Public Law 94-542 (90 Stat. 2509) added sec. 
600.
---------------------------------------------------------------------------

                              definitions

    Sec. 601.\138\ As used in this title--
          (1) The term ``national of the United States'' 
        means--
---------------------------------------------------------------------------
    \138\ 22 U.S.C. 1644a. Public Law 94-542 (90 Stat. 2509) added sec. 
601.
---------------------------------------------------------------------------
                  (a) a natural person who is a citizen of the 
                United States;
                  (b) a corporation or other legal entity which 
                is organized under the laws of the United 
                States or of any State, the District of 
                Columbia, or the Commonwealth of Puerto Rico, 
                if natural persons who are citizens of the 
                United States own, directly or indirectly, 50 
                per centum or more of the outstanding capital 
                stock or other beneficial interest of such 
                corporation or entity. The term does not 
                include aliens.
          (2) The term ``Commission'' means the Foreign Claims 
        Settlement Commission of the United States.
          (3) The term ``property'' means any property, right, 
        or interest, including any lease-hold interest, and 
        debts owed by enterprises which have been nationalized, 
        expropriated, or taken by the German Democratic 
        Republic for which no restoration or no adequate 
        compensation has been made to the former owners of such 
        property.
          (4) The term ``German Democratic Republic'' includes 
        the government of any political subdivision, agency, or 
        instrumentality thereof or under its control.
          (5) The term ``Claims Fund'' is the special fund 
        established in the Treasury of the United States 
        composed of such sums as may be paid to the United 
        States by the German Democratic Republic pursuant to 
        the terms of any agreement settling such claims that 
        may be entered into by the Governments of the United 
        States and the German Democratic Republic.

                  receipt and determination of claims

    Sec. 602.\139\ The Commission shall receive and determine 
in accordance with applicable substantive law, including 
international law, the validity and amounts of claims by 
nationals of the United States against the German Democratic 
Republic for losses arising as a result of the nationalization, 
expropriation, or other taking of (or special measures directed 
against) property, including any rights or interests therein, 
owned wholly or partially, directly or indirectly, at the time 
by nationals of the United States whether such losses occurred 
in the German Democratic Republic or in East Berlin. Such 
claims must be submitted to the Commission within the period 
specified by the Commission by notice published in the Federal 
Register (which period shall not be more than twelve months 
after such publication) within sixty days after the enactment 
of this title or of legislation making appropriations to the 
Commission for payment of administrative expenses incurred in 
carrying out its functions under this title, whichever date is 
later.
---------------------------------------------------------------------------
    \139\ 22 U.S.C. 1644b. Public Law 94-542 (90 Stat. 2510) added sec. 
602.
---------------------------------------------------------------------------

                          ownership of claims

    Sec. 603.\140\ A claim shall not be favorably considered 
under section 602 of this title unless the property right on 
which it is based was owned, wholly or partially, directly or 
indirectly, by a national of the United States on the date of 
loss and if favorably considered, the claim shall be considered 
only if it has been held by one or more nationals of the United 
States continuously from the date that the loss occurred until 
the date of filing with the Commission.
---------------------------------------------------------------------------
    \140\ 22 U.S.C. 1644c. Public Law 94-542 (90 Stat. 2510) added sec. 
603.
---------------------------------------------------------------------------

                            corporate claims

    Sec. 604.\141\ (a) A claim under section 602 of this title 
based upon an ownership interest in any corporation, 
association, or other entity which is a national of the United 
States, shall not be considered. A claim under section 602 of 
this title based upon a debt or other obligation owing by any 
corporation, association, or other entity organized under the 
laws of the United States, or of any State, the District of 
Columbia, or the Commonwealth of Puerto Rico shall be 
considered only when such debt or other obligation is a charge 
on property which has been nationalized, expropriated, or taken 
by the German Democratic Republic.
---------------------------------------------------------------------------
    \141\ 22 U.S.C. 1644d. Public Law 94-542 (90 Stat. 2510) added sec. 
604.
---------------------------------------------------------------------------
    (b) A claim under section 602 of this title based upon a 
direct ownership interest in a corporation, association, or 
other entity for loss, shall be considered subject to the 
provisions of this title, if such corporation, association or 
other entity on the date of the loss was not a national of the 
United States, without regard to the per centum of ownership 
vested in the claimant.
    (c) A claim under section 602 of this title for losses 
based upon an indirect ownership interest in a corporation, 
association, or other entity, shall be considered, subject to 
the other provisions of this title, only if at least 25 per 
centum of the entire ownership interest thereof, at the time of 
such loss, was vested in nationals of the United States.
    (d) The amount of any claim covered by subsections (b) or 
(c) of this section shall be calculated on the basis of the 
total loss suffered by such corporation, association, or other 
entity, and shall bear the same proportion to such loss as the 
ownership interest of the claimant at the time of loss bears to 
the entire ownership interest thereof.

                                offsets

    Sec. 605.\142\ In determining the amount of any claim, the 
Commission shall deduct all amounts the claimant has received 
from any source on account of the same loss or losses, 
including any amount claimant received under section 202(a) of 
the War Claims Act of 1948, as amended, for losses which 
occurred as a direct consequence of special measures directed 
against such property in any area covered under this title.
---------------------------------------------------------------------------
    \142\ 22 U.S.C. 1644e. Public Law 94-542 (90 Stat. 2511) added sec. 
605.
---------------------------------------------------------------------------

                          consolidated awards

    Sec. 606.\143\ With respect to any claim under section 602 
of this title which, at the time of the award, is vested in 
persons other than the person by whom the original loss was 
sustained, the Commission shall issue a consolidated award in 
favor of all claimants then entitled thereto, which award shall 
indicate the respective interests of such claimants therein, 
and all such claimants shall participate, in proportion to 
their indicated interests, in any payments that may be made 
under this title in all respects as if the award had been in 
favor of a single person.
---------------------------------------------------------------------------
    \143\ 22 U.S.C. 1644f. Public Law 94-542 (90 Stat. 2511) added sec. 
606.
---------------------------------------------------------------------------

                              claims fund

    Sec. 607.\144\ (a) The Secretary of the Treasury is hereby 
authorized to establish in the Treasury of the United States a 
fund to be designated the Claims Fund as defined under section 
601(5) for the payment of unsatisfied claims of nationals of 
the United States against the German Democratic Republic as 
authorized in this title.
---------------------------------------------------------------------------
    \144\ 22 U.S.C. 1644g. Public Law 94-542 (90 Stat. 2511) added sec. 
607.
---------------------------------------------------------------------------
    (b) The Secretary of the Treasury shall deduct from any 
amounts covered into the Claims Fund, an amount equal to 5 per 
centum thereof as reimbursement to the Government of the United 
States for expenses incurred by the Commission and by the 
Treasury Department in the administration of this title. The 
amounts so deducted shall be covered into the Treasury to the 
credit of miscellaneous receipts.

                        award payment procedures

    Sec. 608.\145\ (a) The Commission shall certify to the 
Secretary of the Treasury, in terms of United States currency, 
each award made pursuant to section 602 of this title.
---------------------------------------------------------------------------
    \145\ 22 U.S.C. 1644h. Public Law 94-542 (90 Stat. 2511) added sec. 
608.
---------------------------------------------------------------------------
    (b) Upon certification of such award, the Secretary of the 
Treasury is authorized and directed, out of the sums covered 
into the Claims Fund, to make payments on account of such 
awards as follows, and in the following order of priority:
          (1) payment in full of the principal amount of each 
        award of $1,000 or less;
          (2) payment in the amount of $1,000 on account of the 
        principal amount of each award of more than $1,000 in 
        principal amount;
          (3) thereafter, payments from time to time, in 
        ratable proportions, on account of the unpaid balance 
        of the principal amounts of all awards according to the 
        proportions which the unpaid balance of such awards 
        bear to the total amount in the fund available for 
        distribution at the time such payments are made;
          (4) after payment has been made in full of the 
        principal amounts of all awards, pro rata payments may 
        be made on account of any interest that may be allowed 
        on such awards;
          (5) payments or applications for payments shall be 
        made in accordance with such regulations as the 
        Secretary of the Treasury may prescribe.

                           settlement period

    Sec. 609.\146\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to this title 
not later than three years following the final date for the 
filing of claims as provided in section 602 of this title.
---------------------------------------------------------------------------
    \146\ 22 U.S.C. 1644i. Public Law 94-542 (90 Stat. 2512) added sec. 
609.
---------------------------------------------------------------------------

                          transfer of records

    Sec. 610.\147\ The Secretary of State is authorized and 
directed to transfer or otherwise make available to the 
Commission such records and documents relating to claims 
authorized by this title as may be required by the Commission 
in carrying out its functions under this title.
---------------------------------------------------------------------------
    \147\ 22 U.S.C. 1644j. Public Law 94-542 (90 Stat. 2512) added sec. 
610.
---------------------------------------------------------------------------

                             appropriations

    Sec. 611.\148\ There are hereby authorized to be 
appropriated such sums as may be necessary to enable the 
Commission and the Treasury Department to pay their respective 
administrative expenses incurred in carrying out their 
functions under this title.
---------------------------------------------------------------------------
    \148\ 22 U.S.C. 1644k. Public Law 94-542 (90 Stat. 2512) added sec. 
611.
---------------------------------------------------------------------------

                           fees for services

    Sec. 612.\149\ No remuneration on account of services 
rendered on behalf of any claimant, in connection with any 
claim filed with the Commission under this title, shall exceed 
10 per centum of the total amount paid pursuant to any award 
certified under the provisions of this title on account of such 
claims. Any agreement to the contrary shall be unlawful and 
void. Whoever, in the United States or elsewhere demands or 
receives, on account of services so rendered, any remuneration 
in excess of the maximum permitted by this section shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined not more than $5,000 or imprisoned not more than twelve 
months, or both.
---------------------------------------------------------------------------
    \149\ 22 U.S.C. 1644l. Public Law 94-542 (90 Stat. 2512) added sec. 
612.
---------------------------------------------------------------------------

                       application of other laws

    Sec. 613.\150\ To the extent they are not inconsistent with 
the provisions of this title, the following provisions of title 
I of the Act shall be applicable to this title: subsections 
(b), (c), (d), (e), (h), and (j) of section 4; subsections (c), 
(d), (e), and (f) of section 7.
---------------------------------------------------------------------------
    \150\ 22 U.S.C. 1644m. Public Law 94-542 (90 Stat. 2512) added sec. 
613.
---------------------------------------------------------------------------

                              separability

    Sec. 614.\151\ If any provisions of this Act or the 
application thereof to any person or circumstances shall be 
held invalid, the remainder of the Act or the application of 
such provision to other persons or circumstances shall not be 
affected.
---------------------------------------------------------------------------
    \151\ 22 U.S.C. 1644 note. Public Law 94-542 (90 Stat. 2512) added 
sec. 614.
---------------------------------------------------------------------------

                                protests

    Sec. 615.\152\ Notwithstanding the provision of sections 
210 and 211 of the War Claims Act of 1948 (Act of July 3, 
1948), as amended by Public Law 87-846, the Foreign Claims 
Settlement Commission established by Reorganization Plan No. 1 
of 1954 (68 Stat. 1279) is authorized and directed to receive 
and consider protests relating to awards made by the Commission 
during the ten calendar days immediately preceding the 
expiration of the Commission's mandate to make such awards on 
May 17, 1967. Any such protests must be filed within ninety 
days after notice of the enactment of this provision is filed 
with and published in the Federal Register, which shall take 
place within thirty days of enactment. Such protests may 
include the submission of new evidence not previously before 
the Commission, and shall be acted upon within thirty days 
after receipt by the Commission. The Commission may modify 
awards made during the subject period in accordance with the 
procedures established by the War Claims Act of 1948, and any 
increases in awards determined to be appropriated by the 
Commission shall be certified to and paid by the Secretary of 
the Treasury out of funds which are now or may hereafter become 
available in the War Claims Fund in accordance with section 213 
of the Act.
---------------------------------------------------------------------------
    \152\ 22 U.S.C. 1623 note. Public Law 94-542 (90 Stat. 2512) added 
sec. 615.
---------------------------------------------------------------------------

                            TITLE VII \153\

                            purpose of title

    Sec. 701.\154\ It is the purpose of this title to provide 
for the determination of the validity and amounts of 
outstanding claims against Vietnam which arose out of the 
nationalization, expropriation, or other taking of (or special 
measures directed against) property of nationals of the United 
States. This title shall not be construed as authorizing or as 
any intention to authorize an appropriation by the United 
States for the purpose of paying such claims.
---------------------------------------------------------------------------
    \153\ Public Law 96-606 (94 Stat. 3534) added title VII.
    \154\ 22 U.S.C. 1645. Public Law 96-606 (94 Stat. 3534) added sec. 
701.
---------------------------------------------------------------------------

                              definitions

    Sec. 702.\155\ As used in this title--
          (1) the term ``national of the United States'' 
        means--
---------------------------------------------------------------------------
    \155\ 22 U.S.C. 1645a. Public Law 96-606 (94 Stat. 3534) added sec. 
702.
---------------------------------------------------------------------------
                  (A) a natural person who is citizen of the 
                United States; and
                  (B) a corporation or other legal entity which 
                is organized under the laws of the United 
                States or of any State, the District of 
                Columbia, or the Commonwealth of Puerto Rico, 
                if natural persons who are citizens of the 
                United States own, directly, or indirectly, 50 
                per centum or more of the outstanding capital 
                stock or other beneficial interest of such 
                corporation or entity;
          (2) the term ``Commission'' means the Foreign Claims 
        Settlement Commission of the United States;
          (3) the term ``property'' means--
                  (A) any property, right, or interest, 
                including any lease-hold interest,
                  (B) any debt owed by Vietnam or by any 
                enterprise which has been nationalized, 
                expropriated, or otherwise taken by Vietnam, 
                and
                  (C) any debt which is a charge on property 
                which has been nationalized, expropriated, or 
                otherwise taken by Vietnam;
          (4) the term ``Vietnam'' means--
                  (A) the Government of the Socialistic 
                Republic of Vietnam,
                  (B) any predecessor governing authority 
                operating in South Vietnam on or after April 
                29, 1975, including the Provisional 
                Revolutionary Government of South Vietnam,
                  (C) the Government of the former Democratic 
                Republic of Vietnam, and
                  (D) any political subdivision, agency, or 
                instrumentality of any of the entities referred 
                to in subparagraphs (A), (B), and (C); and
          (5) the term ``Claims Fund'' means the special fund 
        established in the Treasury of the United States 
        composed of such sums as may be paid to or realized by 
        the United States pursuant to the terms of any 
        agreement settling those claims described in section 
        703 that may be entered into between the Governments of 
        the United States and Vietnam.

                  receipt and determination of claims

    Sec. 703.\156\ The Commission shall receive and determine 
in accordance with applicable substantive law, including 
international law, the validity and amounts of claims by 
nationals of the United States against Vietnam arising on or 
after April 29, 1975, for losses incurred as a result of the 
nationalization, expropriation, or other taking of (or special 
measures directed against) property which, at the time of such 
nationalization, expropriation, or other taking, was owned 
wholly or partially, directly, or indirectly, by nationals of 
the United States to whom no restoration or adequate 
compensation for such property has been made. Such claims must 
be submitted to the Commission within the period specified by 
the Commission by notice published in the Federal Register 
(which period shall not be more than a period of two years 
beginning on the date of such publication) within sixty days 
after the date of the enactment of this title or of legislation 
making appropriations to the Commission for payment of 
administrative expenses incurred in carrying out its functions 
under this title, whichever date is later.
---------------------------------------------------------------------------
    \156\ 22 U.S.C. 1645b. Public Law 96-606 (94 Stat. 3535) added sec. 
703.
---------------------------------------------------------------------------

                          ownership of claims

    Sec. 704.\157\ A claim may be favorably considered under 
section 703 of this Act only if the property right on which it 
is based was owned, wholly or partially, directly, or 
indirectly, by a national of the United States on the date of 
loss and only to the extent that the claim has been held by one 
or more nationals of the United States continuously from the 
date that the loss occurred until the date of filing with the 
Commission.
---------------------------------------------------------------------------
    \157\ 22 U.S.C. 1645c. Public Law 96-606 (94 Stat. 3535) added sec. 
704.
---------------------------------------------------------------------------

                            corporate claims

    Sec. 705.\158\ (a) A claim under section 703 of this Act 
based upon an ownership interest in any corporation, 
association, or other entity which is a national of the United 
States may not be considered. A claim under section 703 based 
upon a debt of other obligation owing by any corporation, 
association, or other entity organized under the laws of the 
United States, or of any State, the District of Columbia, or 
the Commonwealth of Puerto Rico may be considered only if such 
debt or other obligation is a charge on property which has been 
nationalized, expropriated, or otherwise taken by Vietnam.
---------------------------------------------------------------------------
    \158\ 22 U.S.C. 1645d. Public Law 96-606 (94 Stat. 3535) added sec. 
705.
---------------------------------------------------------------------------
    (b) A claim under section 703 based upon a direct ownership 
interest in a corporation, association, or other entity may be 
considered, subject to the other provisions of this title, if 
such corporation, association, or other entity on the date of 
the loss was not a national of the United States, without 
regard to the per centum of ownership vested in the claimant.
    (c) A claim under section 703 based upon an indirect 
ownership interest in a corporation, association, or other 
entity may be considered, subject to the other provisions of 
this title, only if at least 25 per centum of the entire 
ownership interest thereof, at the time of such loss, was 
vested in nationals of the United States or if, at the time of 
the loss, nationals of the United States in fact controlled the 
corporation, association, or entity, as determined by the 
Commission.
    (d) The amount of any claim covered by subsection (b) or 
(c) of this section shall be calculated on the basis of the 
total loss suffered by the corporation, association, or other 
entity, with respect to which the claim is made, and shall bear 
the same proportion to such loss as the ownership interest of 
the claimant at the time of loss bears to the entire ownership 
interest thereof.

                                offsets

    Sec. 706.\159\ In determining the amount of any claim under 
this title, the Commission shall deduct all amounts the 
claimant has received from any source on account of the same 
loss or losses for which the claim is filed.
---------------------------------------------------------------------------
    \159\ 22 U.S.C. 1645e. Public Law 96-606 (94 Stat. 3536) added sec. 
706.
---------------------------------------------------------------------------

                     certification; assigned claims

    Sec. 707.\160\ (a) The Commission shall certify to each 
claimant who files a claim under this title the amount 
determined by the Commission to be the loss suffered by the 
claimant which is covered by this title. The Commission shall 
certify to the Secretary of State such amount and the basic 
information underlying that amount, together with a statement 
of the evidence relied upon and the reasoning employed in 
making that determination.
---------------------------------------------------------------------------
    \160\ 22 U.S.C. 1645f. Public Law 96-606 (94 Stat. 3536) added sec. 
707.
---------------------------------------------------------------------------
    (b) In any case in which a claim under this title is 
assigned by purchase before the Commission determines the 
amount due on that claim, the amount so determined shall not 
exceed the amount of actual consideration paid by the last such 
assignee.

                          consolidated awards

    Sec. 708.\161\ With respect to any claim under section 703 
of this Act which, at the time of the award, is vested in 
persons other than the person by whom the original loss was 
sustained, the Commission shall issue a consolidated award in 
favor of all claimants then entitled to the award, which award 
shall indicate the respective interests of such claimants in 
the award, and all such claimants shall participate, in 
proportion to their indicated interests, in any payments that 
may be made under this title in all respects as if the award 
has been in favor of a single person.
---------------------------------------------------------------------------
    \161\ 22 U.S.C. 1645g. Public Law 96-606 (94 Stat. 3536) added sec. 
708.
---------------------------------------------------------------------------

                              claims fund

    Sec. 709.\162\ (a) The Secretary of the Treasury may 
establish in the Treasury of the United States the Claims Fund 
for the payment of unsatisfied claims of nationals of the 
United States against Vietnam, as authorized by this title.
---------------------------------------------------------------------------
    \162\ 22 U.S.C. 1645h. Public Law 96-606 (94 Stat. 3536) added sec. 
709.
---------------------------------------------------------------------------
    (b) The Secretary of the Treasury shall deduct from any 
amounts covered into the Claims Fund an amount equal to 5 per 
centum thereof as reimbursement to the Government of the United 
States for expenses incurred by the Commission and by the 
Treasury Department in the administration of this title. The 
amounts so deducted shall be covered into the Treasury as 
miscellaneous receipts.

                        award payment procedures

    Sec. 710.\163\ (a) The Commission shall certify to the 
Secretary of the Treasury, in terms of United States currency, 
each award made pursuant to section 703 of this Act.
---------------------------------------------------------------------------
    \163\ 22 U.S.C. 1645i. Public Law 96-606 (94 Stat. 3537) added sec. 
710.
---------------------------------------------------------------------------
    (b)(1) Upon certification of each award made pursuant to 
section 703, the Secretary of the Treasury shall, out of the 
sums covered into the Claims Fund, make payments on account of 
such awards as follows, and in the following order or priority:
          (A) Payment in the amount of $2,500 or the principal 
        amount of the award, whichever is less.
          (B) Thereafter, payments from time to time, in 
        ratable proportions, on account of the unpaid balance 
        of the principal amounts of all awards according to the 
        proportions which the unpaid balance of such awards 
        bear to the total amount in the Claims Fund available 
        for distribution at the time such payments are made.
    (2) After payment has been made in full of the principal 
amounts of all awards pursuant to paragraph (1), pro rata 
payments may be made on account of any interest that may be 
allowed on such awards.
    (c) Payments or applications for payments under subsection 
(b) shall be made in accordance with such regulations as the 
Secretary of the Treasury may prescribe.

                           settlement period

    Sec. 711.\164\ The Commission shall complete its affairs in 
connection with the settlement of claims pursuant to this title 
not later than three years after the final date for the filing 
of claims as provided in section 703 of this Act.
---------------------------------------------------------------------------
    \164\ 22 U.S.C. 1645j. Public Law 96-606 (94 Stat. 3537) added sec. 
711.
---------------------------------------------------------------------------

                          transfer of records

    Sec. 712.\165\ The Secretary of State, the Secretary of the 
Treasury, and the Secretary of Defense shall transfer or 
otherwise make available to the Commission such records and 
documents relating to claims authorized by this title as may be 
required by the Commission in carrying out its functions under 
this title.
---------------------------------------------------------------------------
    \165\ 22 U.S.C. 1645k. Public Law 96-606 (94 Stat. 3537) added sec. 
712.
---------------------------------------------------------------------------

                    authorization of appropriations

    Sec. 713.\166\ There are authorized to be appropriated for 
any fiscal year beginning on or after October 1, 1980, such 
sums as may be necessary to enable the Commission and the 
Treasury Department to pay their respective administrative 
expenses incurred in carrying out their functions under this 
title. Amounts appropriated under this section may remain 
available until expended.
---------------------------------------------------------------------------
    \166\ 22 U.S.C. 1645l. Public Law 96-606 (94 Stat. 3537) added sec. 
713.
---------------------------------------------------------------------------

                           fees for services

    Sec. 714.\167\ No remuneration on account of services 
rendered on behalf of any claimant, in connection with any 
claim filed with the Commission under this title, shall exceed 
10 per centum of the total amount paid pursuant to any award 
certified under the provisions of this title on account of such 
claim. Any agreement to the contrary shall be unlawful and 
void. Whoever, in the United States or elsewhere, demands or 
receives, on account of services so rendered, any remuneration 
in excess of the maximum permitted by this section shall be 
guilty of a misdemeanor and, upon conviction thereof, shall be 
fined not more than $5,000 or imprisoned not more than twelve 
months, or both.
---------------------------------------------------------------------------
    \167\ 22 U.S.C. 1645m. Public Law 96-606 (94 Stat. 3537) added sec. 
714.
---------------------------------------------------------------------------

               application of other provisions of the act

    Sec. 715.\168\ (a) To the extent they are not inconsistent 
with the provisions of this title, the following provisions of 
title I of this Act shall be applicable to this title: 
subsections (b), (c), (d), (e), and (h) of section 4 and 
subsections (c), (d), (e), and (f) of section 7. Any reference 
in such provisions to ``this title'' shall be deemed to be a 
reference to those provisions and to this title.
---------------------------------------------------------------------------
    \168\ 22 U.S.C. 1645n. Public Law 96-606 (94 Stat. 3538) added sec. 
715.
---------------------------------------------------------------------------
    (b) Except as otherwise provided in this title and in those 
provisions of title I referred to in subsection (a), the 
Commission shall comply with the provisions of subchapter II of 
chapter 5, and the provisions of chapter 7, of title 5, United 
States Code.

                              separability

    Sec. 716.\169\ If any provision of this title or the 
application thereof to any person or circumstances is held 
invalid, the remainder of this title or the application of such 
provision to other persons or circumstances shall not be 
affected.
---------------------------------------------------------------------------
    \169\ 22 U.S.C. 1645o. Public Law 96-606 (94 Stat. 3538) added sec. 
716.
                       b. Iran Claims Settlement

 Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 437, approved 
                            August 16, 1985

 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987''.
    (b) * * *
          * * * * * * *

                    TITLE V--IRAN CLAIMS SETTLEMENT

SEC. 501.\1\ RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.

    (a) Authority of Foreign Claims Settlement Commission.--The 
Foreign Claims Settlement Commission of the United States is 
authorized to receive and determine the validity and amounts of 
claims by nationals of the United States against Iran which are 
settled en bloc by the United States. In deciding such claims, 
the Commission shall apply, in the following order--
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
          (1) the terms of any settlement agreement;
          (2) the relevant provisions of the Declarations of 
        the Government of the Democratic and Popular Republic 
        of Algeria of January 19, 1981, giving consideration to 
        interpretations thereof by the Iran-United States 
        Claims Tribunal; and
          (3) applicable principles of international law, 
        justice, and equity.
Except as otherwise provided in this title, the provisions of 
title I of the International Claims Settlement Act of 1949 (22 
U.S.C. 1621 et seq.) shall apply with respect to claims under 
this section. Any reference in such provisions to ``this 
title'' shall be deemed to refer to those provisions and to 
this section.
    (b) Certification and Payment.--The Commission shall 
certify to the Secretary of the Treasury any awards determined 
pursuant to subsection (a) in accordance with section 5 of 
title I of the International Claims Settlement Act of 1949 (22 
U.S.C. 1624). Such awards shall be paid in accordance with 
sections 7 and 8 of such title (22 U.S.C. 1626 and 1627), 
except that--
          (1) the Secretary of the Treasury is authorized to 
        make payments pursuant to paragraphs (1) and (2) of 
        section 8(c) of such title in the amount of $10,000 or 
        the principal amount of the award, whichever is less; 
        and
          (2) the Secretary of the Treasury may deduct, 
        pursuant to section 7(b) of such title, an amount 
        calculated in accordance with section 502(a) of this 
        Act, instead of 5 percent of payments made pursuant to 
        section 8(c) of such title.

SEC. 502.\1\ DEDUCTIONS FROM ARBITRAL AWARDS

    (a) Deduction for Expenses of the United States.--Except as 
provided in section 503, the Federal Reserve Bank of New York 
shall deduct from the aggregate amount awarded under each 
enumerated claim before the Iran-United States Claims Tribunal 
in favor of a United States claimant, an amount equal to 1\1/2\ 
percent of the first $5,000,000 and 1 percent of any amount 
over $5,000,000, as reimbursement against Iran before the 
Tribunal and the maintenance of the Security Account 
established pursuant to the Declarations of the Democratic and 
Popular Republic of Algeria of January 19, 1981. The Federal 
Reserve Bank of New York shall made the deduction required by 
the preceding sentence whenever the Bank receives an amount 
from the Security Account in satisfaction of an award rendered 
by the Iran-United States Claim Tribunal on the enumerated 
claim involved.
    (b) Deduction Treated as Miscellaneous Receipt.--Amounts 
deducted by the Federal Reserve Bank of New York pursuant to 
subsection (a) shall be deposited into the Treasury of the 
United States to the credit of miscellaneous receipts.
    (c) Payment to United States Claimants.--Nothing in this 
section shall be construed to effect the payment to United 
States claimants of amounts received by the Federal Reserve 
Bank of New York in respect of awards by the Iran-United States 
Claims Tribunal, after deduction of the amounts calculated in 
accordance with subsection (a).
    (d) Effective Date.--This section shall be effective as of 
June 7, 1982.

SEC. 503.\1\ BLOC SETTLEMENT.

    The deduction by the Federal Reserve Bank of New York 
provided for in section 502(a) of this Act shall not apply in 
the case of a sum received by the Bank pursuant to an en bloc 
settlement of any category of claims of United States nationals 
against Iran when such sum is to be used for payments in 
satisfaction of awards certified by the Foreign Claims 
Settlement Commission pursuant to section 501(b) of this Act.

SEC. 504.\1\ REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.

    The Secretary of the Treasury may reimburse the Federal 
Reserve Bank of New York for expenses incurred by the Bank in 
the performance of fiscal agency agreements relating to the 
settlement or arbitration of claims pursuant to the 
Declarations of the Democratic and Popular Republic of Algeria 
of January 19, 1981.

SEC. 505.\1\ CONFIDENTIALITY OF RECORDS.

    Notwithstanding section 552 of title 5, United States Code 
(commonly referred to as the Freedom of Information Act), 
records pertaining to the arbitration of claims before the 
Iran-United States Claims Tribunal may not be disclosed to the 
general public, except that--
          (1) rules, awards, and other decisions of the 
        Tribunal and claims and responsive pleadings filed at 
        the Tribunal by the United States on its own behalf 
        shall be made available to the public, unless the 
        Secretary of State determines that public disclosure 
        would be prejudicial to the interests of the United 
        States or United States claimants in proceedings before 
        the Tribunal, or that public disclosure would be 
        contrary to the rules of the Tribunal; and
          (2) the Secretary of State may determine on case-by-
        case basis to make such information available when in 
        the judgment of the Secretary the interests of justice 
        so require.
          * * * * * * *
            c. Czechoslovakian Claims Settlement Act of 1981

 Public Law 97-127 [S. 1946], 95 Stat. 1675, approved December 29, 1981

 AN ACT To provide for the final settlement of certain claims against 
                Czechoslovakia, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

                              short title

    Section 1.\1\ This Act may be cited as the 
``Czechoslovakian Claims Settlement Act of 1981''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. note prec. 1642.  See also title IV of the 
International Claims Settlement Act of 1949 (Public Law 81-455; 22 
U.S.C. 1642-1642q) for additional legislation on claims against 
Czechoslovakia.
---------------------------------------------------------------------------

                         approval of agreement

    Sec. 2. (a) The Congress hereby approves the Agreement 
between the Government of the United States of America and the 
Government of the Czechoslovak Socialist Republic on the 
Settlement of Certain Outstanding Claims and Financial Issues, 
initiated at Prague, Czechoslovakia on November 6, 1981.
    (b) The President may, without further approval by the 
Congress, execute such technical revisions of the Agreement 
approved by subsection (a) of this section as in his judgment 
may from time to time be required to facilitate the 
implementation of that Agreement. Nothing in this subsection 
shall be construed to authorize any revision of that Agreement 
to reduce any amount to be paid by the Government of the 
Czechoslovak Socialist Republic to the United States Government 
under the Agreement, or to defer the payment of any such 
amount.

                              definitions

    Sec. 3. For the purposes of this Act--
          (1) ``Agreement'' means the Agreement on the 
        Settlement of Certain Outstanding Claims and Financial 
        Issues approved by section 2(a) of this Act;
          (2) ``national of the United States'' has the meaning 
        given such term by section 401(1) of the International 
        Claims Settlement Act of 1949;
          (3) ``Commission'' means the Foreign Claims 
        Settlement Commission of the United States;
          (4) ``Fund'' means the Czechoslovakian Claims Fund 
        established by section 402(b) of the International 
        Claims Settlement Act of 1949;
          (5) ``Secretary'' means the Secretary of the 
        Treasury; and
          (6) ``property'' means any property, right, or 
        interest.

                                the fund

    Sec. 4. (a) The Secretary shall cover into the Fund the 
amount paid by the Government of the Czechoslovak Socialist 
Republic in settlement and discharge of claims of nationals of 
the United States pursuant to article 1(1) of the Agreement, 
and shall deduct from that amount $50,000 for reimbursement to 
the United States Government for expenses incurred by the 
Department of the Treasury and the Commission in the 
administration of this Act and title IV of the International 
Claims Settlement Act of 1949. The amount so deducted shall be 
covered into the Treasury to the credit of miscellaneous 
receipts. The deduction required by this subsection shall be 
made in lieu of the deduction provided in section 402(e) of the 
International Claims Settlement Act of 1949; however, it is the 
sense of the Congress that the United States Government is 
entitled to a larger percentage of the total award (generally 
presumed to be 5 percent) and that the ex gratia payment 
hereinafter provide to certain claimants, who were otherwise 
excluded from sharing in this claims settlement under general-
accepted principles of international law and United States 
practice, is justified only by the extraordinary circumstances 
of this case and does not establish any precedent for future 
claims negotiations or payments.
    (b) The Secretary shall establish three accounts in the 
Fund into which the amount covered into the Fund pursuant to 
subsection (a) of this section, less the deduction required by 
that subsection, shall be covered as follows:
          (1) An account into which $74,550,000 shall be 
        covered, to be available for payment in accordance with 
        section 8 of this Act on account of awards certified 
        pursuant to section 410 of the International Claims 
        Settlement Act of 1949.
          (2) An account into which $1,500,000 shall be 
        covered, to be available for payment in accordance with 
        section 8 of this Act on account of awards determined 
        pursuant to section 5 of this Act.
          (3) An account into which the remainder of amounts in 
        the Fund shall be covered, to be available for payment 
        in accordance with section 8 of this Act on account of 
        awards determined pursuant to section 6 of this Act.

                    determination of certain claims

    Sec. 5. (a) The Commission shall receive and determine, in 
accordance with applicable substantive law, including 
international law, the validity and amount of claims by 
nationals of the United States against the Government of the 
Czechoslovak Socialist Republic of losses resulting from the 
nationalization or other taking of property owned at the time 
by nationals of the United States, which nationalization or 
other taking occurred between August 8, 1958, and the date of 
which the Agreement enters into force. In making the 
determination with respect to the validity and amount of any 
such claim and the value of the property taken, the Commission 
is authorized to accept the fair or proved value of such 
property as of the time when the property taken was last 
operated, used, managed, or controlled by the national or 
nationals of the United States asserting the claim, regardless 
of whether such time is prior to the actual date of 
nationalization or other taking by the Government of the 
Czechoslovak Socialist Republic.
    (b) The Commission shall certify to the Secretary the 
amount of any award determined pursuant to subsection (a).

                     determination of other claims

    Sec. 6. (a)(1) The Congress finds that--
          (A) in the case of certain persons holding claims 
        against the Czechoslovakian Government who became 
        nationals of the United States by February 26, 1948, 
        the date on which the current Communist Government of 
        Czechoslovakia assumed power; and
          (B) while the Commission had the authority to deny 
        those claims described in subparagraph (A) on the basis 
        that the properties involved had been taken by the 
        Benes Government while the claimants were not yet 
        nationals of the United States, the effect of that 
        denial is to withhold compensation to persons who have 
        been United States citizens for many years and whose 
        expropriated property has benefited the Communist 
        Government of Czechoslovakia no less than properties 
        expropriated more directly and clearly by the Communist 
        Government.
    (2)(A) It is therefore the purpose of this section, in 
accordance with the intent of the Congress in enacting title IV 
of the International Claims Settlement Act of 1949 and in the 
interests of equity, to make ex gratia payments to the 
claimants described in paragraph (1) of this subsection.
    (B) The Congress reaffirms the principle and practice of 
the United States to seek compensation from foreign governments 
on behalf only of persons who were nationals of the United 
States at the time they sustained losses by the nationalization 
or other taking of their property by those foreign governments. 
In making payments under this section, the Congress does not 
establish any precedent for future claims payments.
    (b) The Commission shall reopen and redetermine the 
validity and amounts of any claim against the Government of 
Czechoslovakia which was filed with the Commission in 
accordance with the provisions of title IV of the International 
Claims Settlement Act of 1949, which was based on property 
found by the Commission to have been nationalized or taken by 
the Government of Czechoslovakia on or after January 1, 1945, 
and before February 26, 1948, and which was denied by the 
Commission because such property was not owned by a person who 
was a national of the United States on the date of such 
nationalization or taking. The provisions of section 405 of the 
International Claims Settlement Act of 1949 requiring that the 
property upon which a claim is based must have been owned by a 
national of the United States on the date of nationalization or 
other taking by the Government of Czechoslovakia shall be 
deemed to be met if such property was owned on such date by a 
person who became a national of the United States on or before 
February 26, 1948. The Commission shall certify to the 
Secretary the amount of any award determined pursuant to this 
subsection.

                               procedures

    Sec. 7. (a) The provisions of sections 401, 403, 405, 406, 
407, 408, 409, 414, 415, and 416 of the International Claims 
Settlement Act of 1949, to the extent that such provisions are 
not inconsistent with this Act, together with such regulations 
as the Commission may prescribe, shall apply with respect to 
any claim determined pursuant to section 5(a) of this Act or 
redetermined pursuant to section 6(b) of this Act.
    (b) Not later than sixty days after the date of the 
enactment of this Act, the Commission shall establish and 
publish in the Federal Register a period of time within which 
claims described in section 5 of the Act must be filed with the 
Commission, and the date for the completion of the Commission's 
affairs in connection with the determination of those such 
claims and claims described in section 6 of this Act. Such 
filing period shall be not more than one year after the date of 
such publication in the Federal Register, and such completion 
date shall be not more than two years after the final date for 
the filing of claims under section 5. No person holding a claim 
to which section 6 of this Act applies shall be required to 
refile that claim before the Commission makes the 
redetermination required by that section.

                           payment of awards

    Sec. 8. (a) As soon as practicable after the date of the 
enactment of this Act, the Secretary shall make payments from 
amounts in the account established pursuant to section 4(b)(1) 
of this Act on the unpaid balance of each award certified by 
the Commission pursuant to section 410 of the International 
Claims Settlement Act of 1949.
    (b) As soon as practicable after the Commission has 
completed the certification of awards pursuant to section 5(b) 
of this Act, the Secretary shall make payments on account of 
each such award from the amounts in the account established 
pursuant to section 4(b)(2) of this Act.
    (c) As soon as practicable after the Commission has 
completed the certification of awards pursuant to section 6(b) 
of this Act, the Secretary shall make payments on account of 
each such award from the amounts in the account established 
pursuant to section 4(b)(3) of this Act.
    (d) In the event that--
          (1) the amounts in the account established pursuant 
        to section 4(b)(2) of this Act exceed the aggregate 
        total of all awards certified by the Commission 
        pursuant to section 5(b) of this Act, or
          (2) the amounts in the account established pursuant 
        to section 4(b)(3) of this Act exceed the aggregate 
        total of all awards certified by the Commission 
        pursuant to section 6(b) of this Act,
the Secretary shall cover such excess amounts into the account 
established pursuant to section 4(b)(1) of this Act. The 
Secretary shall make payments pursuant to subsection (a) of 
this section, from such excess amounts, on the unpaid balance 
of awards certified by the Commission pursuant to section 410 
of the International Claims Settlement Act of 1949.
    (e) Payments under this section shall be made on the unpaid 
balance of each award which bear to such unpaid balance the 
same proportion as the total amount in the account in the Fund 
from which the payments are made bears to the aggregate unpaid 
balance of all awards payable from that account. Payments under 
this section, and applications for such payments, shall be made 
in accordance with such regulations as the Secretary may 
prescribe.
    (f) In the event that--
          (1) the Secretary is unable, within three years after 
        the date of the establishment of the account prescribed 
        by section 4(b)(1) of this Act, to locate any person 
        entitled to receive payment under this section on 
        account of an award certified by the Commission 
        pursuant to section 410 of the International Claims 
        Settlement Act of 1949 or to locate any lawful heirs, 
        successors, or legal representatives of that person, or 
        if no valid application for payment is made by or on 
        behalf of that person within six months after the 
        Secretary has located that person or that person's 
        heirs, successors, or legal representatives; or
          (2) within six months after the Commission has 
        completed the certification of awards pursuant to 
        sections 5(b) and 6(b) of this Act, no valid 
        application for payment is made by or on behalf of any 
        person entitled to receive payment under this section 
        on account of an award certified by the Commission 
        pursuant to either such section,
the Secretary shall give notice by publication in the Federal 
Register and in such other publications as the Secretary may 
determine that, unless valid application for payment is made 
within sixty days after the date of such publication, that 
person's award under title IV of the International Claims 
Settlement Act of 1949 or this Act, as the case may be, and 
that person's right to receive payment on account of such 
award, shall lapse. Upon the expiration of such sixty-day 
period that person's award and right to receive payment shall 
lapse, and the amounts payable to that person shall be paid pro 
rata by the Secretary on account of all other awards under 
title IV of the International Claims Settlement Act of 1949 or 
this Act, as the case may be.

                          investment of funds

    Sec. 9. The Secretary shall invest and hold in separate 
accounts the amounts held respectively in the accounts 
established by section 4 of this Act. Such investment shall be 
in public debt securities with maturities suitable for the 
needs of the separate accounts and bearing interest at rates 
determined by the Secretary, taking into consideration the 
average market yield on outstanding marketable obligations of 
the United States of comparable maturities. The interest earned 
on the amounts in each account established by section 4 of this 
Act shall be used to make payments, in accordance with section 
8(e) of this Act, on awards payable from that account.

                      implementation of agreement

    Sec. 10. (a) If, within sixty days after the date of the 
enactment of this Act--
          (1) the Government of the Czechoslovak Socialist 
        Republic does not make the payments to the United 
        States Government described in article 6(2) of the 
        Agreement, or
          (2) the Czechoslovak Government does not receive the 
        gold provided in article 6(1) of the Agreement,
the provisions to this Act shall cease to be effective, and the 
provisions of the Agreement may not be implemented unless the 
Congress approves the Agreement after the end of that sixty-day 
period.
    (b) The sixty-day period for implementation of the 
Agreement required by subsection (a) shall be extended by an 
additional period of thirty calendar days if, before the 
expiration of that sixty-day period, the Secretary of State 
certifies in writing that such extension is consistent with the 
purposes of this Act, and reports that certification to the 
Speaker of the House of Representatives and to the Chairman of 
the Committee on Foreign Relations of the Senate, together with 
a detailed statement of the reasons for the extension. If at 
the end of that additional thirty-day period the events set 
forth in paragraphs (1) and (2) of subsection (a) have not 
occurred, the provisions of this Act shall cease to be 
effective and the provisions of the Agreement may not be 
implemented unless the Congress approves the Agreement after 
the end of that thirty-day period or unless, before the 
expiration of that thirty-day period, authorized by joint 
resolution a further extension of time for implementation of 
the Agreement. Such joint resolution shall be considered in the 
Senate in accordance with the provisions of section 601(b) of 
the International Security Assistance and Arms Export Control 
Act of 1976,\2\ and in the House of Representatives a motion to 
proceed to the consideration of such joint resolution after it 
has been reported by the appropriate committee shall be treated 
as highly privileged.
---------------------------------------------------------------------------
    \2\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------

                       social security agreement

    Sec. 11. The Secretary of State shall conduct a detail 
review of the exchange of letters between the United States and 
Czechoslovakia providing for reciprocal social security 
payments to residents of the two countries. Such review should 
include an examination of the extent to which Czechoslovakia is 
complying with the spirit and provisions of the letters, a 
comparison of the benefits being realized by residents of 
Czechoslovakia and of the United States under the letters, and 
an evaluation of the basis of differences in such benefits. The 
Secretary of State, in consultation with the Department of 
Health and Human Services, shall report to the Congress, not 
later than six months after the date of the enactment of this 
Act, the results of such review, together with any 
recommendations for legislation or changes in the agreement 
made by the letters that may be necessary to achieve greater 
comparability and equity of benefits for the residents of the 
two countries. Such report should include specific assessments 
of the feasibility, likely effects, and advisability of 
terminating United States social security payments to residents 
of Czechoslovakia in response to inequities and 
incomparabilities of benefits payments under the exchange of 
letters.
                  d. Trust Territories of the Pacific

             (1) Micronesian Claims Act of 1971, as amended

  Public Law 92-39 [H.J. Res. 617], 85 Stat. 92, 50 App. U.S.C. 2018-
2020b,\1\ approved July 1, 1971; as amended by Public Law 93-131 [H.R. 
             6628], 87 Stat. 460, approved October 19, 1973

  JOINT RESOLUTION To authorize an ex gratia contribution to certain 
inhabitants of the Trust Territory of the Pacific Islands who suffered 
  damages arising out of the hostilities of the Second World War, to 
provide for the payment of noncombat claims occurring prior to July 1, 
        1951, and to establish a Micronesian Claims Commission.

Whereas certain Micronesian inhabitants of the Trust Territory 
    of the Pacific Islands, formerly under League of Nations 
    mandate to Japan, suffered from the hostilities of the 
    Second World War; and
---------------------------------------------------------------------------
    \1\ Secs. 2018 through 2020b terminated August 3, 1976, pursuant to 
sec. 103(e) of this Act.
---------------------------------------------------------------------------
Whereas the United States, while not liable for wartime damages 
    suffered by the Micronesians, has responsibility for the 
    welfare of the Micronesian people as the administering 
    authority of the Trust Territory of the Pacific Islands; 
    and
Whereas the Governments of Japan and the United States entered 
    into an agreement on April 18, 1969, to contribute ex 
    gratia the equivalent of $10,000,000 to the Micronesian 
    inhabitants of the Trust Territory of the Pacific Islands 
    in view of the suffering caused by the hostilities of the 
    Second World War, each Government contributing the 
    equivalent of $5,000,000, Japan's contribution to take the 
    form of products and services; and
Whereas payments of these ex gratia contributions to certain 
    Micronesian inhabitants of the Trust Territory of the 
    Pacific Islands will meet a longstanding Micronesian 
    grievance and will promote the welfare of the Micronesian 
    people; and
Whereas certain Micronesian inhabitants of the Trust Territory 
    of the Pacific Islands claim to have suffered damage to or 
    loss or destruction of property, personal injury, or death 
    caused by military and civilian employees of the United 
    States Government and arising out of accidents or incidents 
    between the dates of the securing of the various islands of 
    Micronesia by the United States Armed Forces and July 1, 
    1951, and within an area under the control of the United 
    States at the time of the accident or incident; and
Whereas the United States is desirous of making an equitable 
    settlement of these claims by way of a monetary 
    contribution: Therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this 
resolution may be cited as the ``Micronesian Claim Act of 
1971''.

                                TITLE I

    Sec. 101. (a) It is the purpose of this title that, with 
respect to war claims, the United States should make the ex 
gratia contribution of $5,000,000 matching an equivalent 
contribution of the Government of Japan, to Micronesian 
inhabitants of the Trust Territory of the Pacific Islands who 
are determined by the Micronesian Claims Commission to be 
meritorious claimants, in particular amounts to be awarded by 
the Micronesian Claims Commission, and that the Secretary of 
the Interior, hereinafter referred to as the ``Secretary'', or 
his designee, shall pay to said Micronesian claimants as soon 
as possible following his receipt of the final report of the 
Micronesian Claims Commission on the claims allowed, such 
amounts as are finally certified pursuant to section 104 of 
this title.
    (b) \2\ A ``Micronesian inhabitant of the Trust Territory 
of the Pacific Islands'' is defined for the purposes of this 
Act as a person who--
---------------------------------------------------------------------------
    \2\ Sec. 1 of Public Law 93-131 (87 Stat. 460) amended and restated 
subsec. (b), which previously read as follows:
    ``(b) A `Micronesian inhabitant of the Trust Territory of the 
Pacific Islands' is defined for the purposes of this joint resolution 
as a person who:
---------------------------------------------------------------------------

  ``(1) became a citizen of the Trust Territory of the Pacific Islands on 
July 18, 1947, and who remains a citizen as of the date of filing a claim; 
or

  ``(2) if then living, would have been eligible for citizenship on July 
18, 1947; or

  ``(3) is the successor, heir, or assignee of a person eligible under 
paragraph (1) or (2) and who is a citizen of the Trust Territory of the 
Pacific Islands as of the date of filing a claim.''.

          (1) became a citizen of the Trust Territory of the 
        Pacific Islands on July 18, 1947, and who remains a 
        citizen of the Trust Territory of the Pacific Islands, 
        or is a citizen of the United States, as of the date of 
        filing a claim; or
          (2) if then living, would have been eligible to 
        become a citizen of the Trust Territory of the Pacific 
        Islands on July 18, 1947; or
          (3) is the successor, heir, or assignee of a person 
        eligible under paragraph (1) or (2) and who is a 
        citizen of the Trust Territory of the Pacific Islands, 
        or of the United States, as of the date of filing a 
        claim.
    Sec. 102. (a) There is hereby authorized to be appropriated 
to the Trust Territory of the Pacific Islands $5,000,000, in 
addition to the normal budgetary expenditures for the Trust 
Territory of the Pacific Islands and in addition to the 
appropriations authorized by section 2 of the Act of June 30, 
1954, as amended, to be paid into a ``Micronesian Claims 
Fund''. The Secretary is hereby authorized to create and manage 
said Micronesian Claims Fund.
    (b) Funds approximating $5,000,000 appropriated to the 
Trust Territory of the Pacific Islands for supplies or capital 
improvements in accordance with the Act of June 30, 1954, as 
amended, shall be paid into a Micronesian Claims Fund as the 
products of Japan and the services of the Japanese people in 
the amount of one billion eight hundred million yen (currently 
computed at $5,000,000) are provided by Japan pursuant to 
article I of the ``Agreement between the United States of 
America and Japan'', signed April 18, 1969. These funds, 
together with the sum authorized to be appropriated by 
subsection (a) of this section, shall constitute the whole of 
the Micronesian Claims Fund.
    Sec. 103. (a) There is hereby established a Micronesian 
Claims Commission, hereinafter referred to as the 
``Commission'', such Commission to be under the control and 
direction of the Chairman of the Foreign Claims Settlement 
Commission. The Commission shall be composed of five members, 
who shall be appointed, in consultation with the Secretary, by 
the Chairman of the Foreign Claims Settlement Commission, one 
of whom he shall designate as Chairman. Two members shall be 
selected from a list of Micronesian citizens nominated by the 
Congress of Micronesia. Any vacancy that may occur in the 
membership of the Commission shall be filled in the same manner 
as in the case of the original appointment. The members of the 
Commission shall serve at the pleasure of the Chairman of the 
Foreign Claims Settlement Commission. No Commissioner shall 
hold other public office or engage in any other employment 
during the period of his service on the Commission, except as 
an employee of the Foreign Claims Settlement Commission.
    (b) The members of the Commission shall receive 
compensation and allowances as determined by the Chairman of 
the Foreign Claims Settlement Commission by application of the 
rules and regulations which apply to officers and employees of 
the Trust Territory of the Pacific Islands, but in no event 
shall traveling and other expenses incurred in connection with 
their duties as members, or a per diem allowance in lieu 
thereof, exceed that prescribed in accordance with the 
provisions of subchapter 1 of chapter 57 of title 5, United 
States Code. The term of office of the members of the 
Commission shall expire at the time fixed in subsection (e) of 
this section for winding up the affairs of the Commission.
    (c) The Commission may, subject to the approval of the 
Chairman of the Foreign Claims Settlement Commission, appoint 
and fix the compensation and allowances of such officers, 
attorneys, and employees of the Commission as may be reasonably 
necessary for its proper functioning, which employees shall be 
in addition to those who may be assigned by the Chairman of the 
Foreign Claims Settlement Commission to assist the Commission 
in carrying out its functions. The compensation and allowances 
of employees appointed pursuant to this section shall be within 
the rules and regulations which apply to officers and employees 
of the Trust Territory of the Pacific Islands, but in no event 
to exceed the amount of allowances prescribed in subchapter 1 
of chapter 57 of title 5, United States Code. In addition, the 
Commission, with the approval of the Chairman of the Foreign 
Claims Settlement Commission, may make such expenditures as may 
be reasonably necessary to carry out its proper functioning. 
Officers and employees of any other department or agency of the 
Government of the United States or the government of the Trust 
Territory of the Pacific Islands may, with the consent of the 
head of such department or agency, with or without 
reimbursement, be assigned to assist the Commission in carrying 
out its functions. The Commission may, with the consent of the 
head of any other department or agency of the government of the 
United States or the government of the Trust Territory of the 
Pacific Islands, utilize, with or without reimbursement, the 
facilities and services of such department or agency in 
carrying out the functions of the Commission.
    (d) The Commission shall, subject to the approval of the 
Chairman of the Foreign Claims Settlement Commission, prescribe 
such rules and regulations as are necessary for carrying out 
its functions. As expeditiously as possible and, in any event, 
within three months of its appointment, the Commission shall 
give public notice in the Trust Territory of the Pacific 
Islands of the time when, and the limit of time within which, 
claims may be filed, which notice shall be given in such manner 
as the Commission shall prescribe: Provided, That the final 
date for the filing of claims shall not be more than one year 
after the appointment of the full membership of the Commission. 
The Commission shall give extensive publicity in the Trust 
Territory of the Pacific Islands to the provisions of this Act 
and shall make every effort to advise promptly all persons who 
may be entitled to file claims under the provisions of this Act 
administered by the Commission of their rights under such 
provisions, and to assist them in the preparation and filing of 
their claims. A majority of the membership of the Commission 
shall be necessary to transact business: Provided, however, 
That an affirmative vote of at least three members shall be 
required for the promulgation of rules and regulations, and for 
the final adjudication of any claim.
    (e) The Commission shall wind up its affairs \3\ as 
expeditiously as possible and in any event not later than three 
years after the expiration of the time for filing claims under 
this Act.
---------------------------------------------------------------------------
    \3\ The Commission terminated on August 3, 1976.
---------------------------------------------------------------------------
    Sec. 104. (a) The Commission shall have authority to 
receive, examine, adjudicate, and render final decisions, in 
accordance with the laws of the Trust Territory of the Pacific 
Islands and international law, with respect to (1) claims of 
the Micronesian inhabitants of the Trust Territory of the 
Pacific Islands who suffered loss of life, physical injury, and 
property damage directly resulting from the hostilities between 
the Governments of Japan and the United States between December 
7, 1941, and the dates of the securing of the various islands 
of Micronesia by United States Armed Forces, and (2) those 
claims arising as postwar claims between the dates of the 
securing of the various islands of Micronesia by United States 
Armed Forces and July 1, 1951. The Commission shall notify all 
claimants of the approval or denial of their claims, and, if 
approved, shall notify such claimants of the amount for which 
such claims are approved. Any claimant whose claim is denied, 
or is approved for less than the full amount of such claim 
shall be entitled, under such regulations as the Commission may 
prescribe, to a hearing before the Commission or its 
representatives, with respect to such claim. Upon such hearing, 
the Commission may affirm, modify, or revise its former action 
with respect to such claim, including a denial or reduction in 
the amount theretofore allowed with respect to such claim. As 
claims are adjudicated, the Commissioner shall certify them to 
the Secretary for payment in such manner as he may direct.\4\ 
The claims covered by title I of this Act shall be paid from 
the Micronesian Claims Fund except that, as to claims based on 
death, up to $1,000 shall be paid immediately upon 
adjudication, and the claims covered by title II of this Act 
shall be paid by the Secretary from the funds appropriated for 
such purpose.
---------------------------------------------------------------------------
    \4\ Sec. 2 of Public Law 93-131 amended and restated this sentence, 
which previously read as follows: ``When all claims have been 
adjudicated, the Commission shall certify them to the Secretary for 
payment.''.
---------------------------------------------------------------------------
    (b) No later than six months after its organization, and 
annually thereafter, the Commission shall make a report, 
through the Chairman of the Foreign Claims Settlement 
Commission, to the Congress of the United States concerning its 
operations under this Act. The Commission shall, upon winding 
up its work, certify to the Chairman of the Foreign Claims 
Settlement Commission, the Secretary, and to the Congress of 
the United States the following:
          (1) A list of all claims allowed, in whole or in 
        part, together with the amount of each claim and, the 
        amount awarded thereon.
          (2) A list of all claims disallowed.
          (3) A copy of the decision rendered in each case.
    (c) In the event that funds remain in the Micronesian 
Claims Fund after all allowable and adjudicated claims are 
paid, such remaining funds shall be transferred from the 
Micronesian Claims Fund to the Treasury of the Trust Territory 
of the Pacific Islands for appropriation by the Congress of 
Micronesia for the welfare of the people of the Trust Territory 
of the Pacific Islands. In the event the allowable and 
adjudicated claims covered by title I of the act exceed a total 
of $10,000,000, the Secretary shall make pro rata payments.
    (d) No payment shall be made on an award of the Commission 
unless the claimant shall first execute a full release to the 
United States and Japan in respect to any alleged liability of 
the United States or Japan, or both, arising before the date of 
the securing of the various islands of Micronesia by the United 
States Armed Forces.
    Sec. 105. There is authorized to be appropriated such sums 
as may be necessary for the operation and administrative 
expenses of the Foreign Claims Settlement Commission, to the 
extent needed to cover activity connected with this Act, and of 
the Commission in order to carry out the purposes of this Act.
    Sec. 106. The agreement for the payment of the Micronesian 
claims covered by title I of this Act having been reached by 
negotiators of the Governments of the United States and Japan, 
and since personnel to be appointed by the Secretary or the 
Commission will be available to assist the people of the Trust 
Territory of the Pacific Islands insofar as may be necessary in 
filing all claims covered by either title I or title II of this 
Act, no remuneration on account of services rendered on behalf 
of any claimant, or any association of claimants, in connection 
with any claim or claims covered by either title I or title II 
shall exceed, in total, 1 per centum of the amount paid on such 
claim or claims, pursuant to the provisions of this Act. Fees 
already paid for such services shall be deducted from the 
amount authorized by this Act. Any agreement to the contrary 
shall be unlawful and void. Whoever, in the United States or 
elsewhere, demands or receives, on account of services so 
rendered, any remuneration in excess of the maximum permitted 
by this section, shall be guilty of a misdemeanor and, upon 
conviction thereof, shall be fined not more than $5,000 or 
imprisoned not more then twelve months, or both.

                                TITLE II

    Sec. 201. For the purpose of promoting and maintaining 
friendly relations by the final settlement of meritorious 
postwar claims, the Micronesian Claims Commission is, pursuant 
to authority granted in section 104(a) title I, authorized to 
consider, ascertain, adjust, determine, and make payments, 
where accepted by the claimant in full satisfaction and in 
final settlement, of all claims by Micronesian inhabitants 
against the United States or the government of the Trust 
Territory of the Pacific Islands on account of personal injury 
or death or damage to or loss or destruction of private 
property, both real and personal, of Micronesian inhabitants of 
the former Japanese mandated islands, now the Trust Territory 
of the Pacific Islands administered by the United States under 
a trusteeship agreement with the United Nations, including 
claims for a taking or for use or retention of such property 
where no payments or inadequate payments have been made for 
such taking, use, or retention when such damage, loss, or 
destruction was caused by the United States Army, Navy, Marine 
Corps, or Coast Guard, or individual members thereof, including 
military personnel and United States Government civilian 
employees, and including employees of the Trust Territory 
government acting within the scope of their employment: 
Provided, That only those claims shall be considered by the 
Commission which are presented in writing as provided for in 
section 103(d) of title I of this Act and the accident or 
incident out of which the claim arose occurred prior to July 1, 
1951, within the islands which now comprise the Trust Territory 
of the Pacific Islands and within an area under the control of 
the United States at the time of the accident or incident: 
Provided further, That any such settlements made by such 
Commission and any such payments made by the Secretary under 
the authority of title I or title II shall be final and 
conclusive for all purposes, notwithstanding any other 
provision of law to the contrary and not subject to review.
    Sec. 202. There is hereby authorized to be appropriated the 
amount of $20,000,000, in addition to the normal budgetary 
expenditures for the Trust Territory of the Pacific Islands and 
in addition to the appropriation authorized by section 2 of the 
Act of June 30, 1954, as amended, to be expended by the 
Secretary for the purposes of making payments to the extent 
authorized by this title of this Act.
    Sec. 203. Any funds appropriated for the purposes of this 
title which remain after the settlement of claims under the 
provisions of this title shall be covered into the Treasury of 
the United States.
           (2) Trust Territory Economic Development Loan Fund

 Public Law 92-257 [S. 806], 86 Stat. 87, approved March 21, 1972; as 
   amended by Public Law 97-357 [H.R. 5139], 96 Stat. 1705, approved 
 October 19, 1982; and Public Law 105-362 [Federal Reports Elimination 
   Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998

     AN ACT Relating to the Trust Territory of the Pacific Islands.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1.\1\ For the purpose of promoting economic 
development in the Trust Territory of the Pacific Islands, 
there is authorized to be appropriated to the Secretary of the 
Interior, for payment to the government of the Trust Territory 
of the Pacific Islands as a grant in accordance with the 
provisions of this title, an amount which when added to the 
development fund established pursuant to section 3 of the Act 
of August 22, 1964 (78 Stat. 601), as augmented by subsequent 
Federal grants, will create a total fund of $5,000,000, which 
shall thereafter be known as the Trust Territory Economic 
Development Loan Fund.
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1688.
---------------------------------------------------------------------------
    Sec. 2.\2\ The grant authorized by section 1 shall be made 
only after the government of the Trust Territory of the Pacific 
Islands has submitted to the Secretary of the Interior a plan 
for the use of the grant, and the plan has been approved by the 
Secretary. The plan shall provide among other things for a 
revolving fund to make loans or to guarantee loans to private 
enterprise. The term of any loan made pursuant to the plan 
shall not exceed twenty-five years.
---------------------------------------------------------------------------
    \2\ 48 U.S.C. 1689.
---------------------------------------------------------------------------
    Sec. 3.\3\ No loan or loan guarantee shall be made under 
this title to any applicant who does not satisfy the 
territorial administering agency that financing is otherwise 
unavailable on reasonable terms and conditions. No loan or loan 
guarantee shall exceed (1) the amount which can reasonably be 
expected to be repaid, (2) the minimum amount necessary to 
accomplish the purposes of this title, or 25 per centum of the 
funds appropriated pursuant to section 1. No loan guarantee 
shall guarantee more than 90 per centum of the outstanding 
amount of any loan, and the reserves maintained to guarantee 
the loan shall not be less than the 25 per centum of the 
guarantee.
---------------------------------------------------------------------------
    \3\ 48 U.S.C. 1690.
---------------------------------------------------------------------------
    Sec. 4.\4\ The plan provided for in section 2 shall set 
forth such fiscal control and accounting procedures as may be 
necessary to assure proper disbursement, repayment, and 
accounting for such funds.
---------------------------------------------------------------------------
    \4\ 48 U.S.C. 1691
---------------------------------------------------------------------------
    Sec. 5.\5\ The chief executives of the governments of the 
Marshall Islands, the Federated States of Micronesia, Palau, 
and the Northern Mariana Islands shall prepare, publish, and 
submit to the Congress and the Secretary of the Interior a 
comprehensive annual financial report in conformance with the 
standards of the National Council on Governmental Accounting 
within one hundred and twenty days after the close of the 
fiscal year. The comprehensive annual financial report shall 
include statistical data as set forth in the standards of the 
National Council on Governmental Accounting relating to the 
physical, economic, social, and political characteristics of 
the government, and any other information required by the 
Congress.\6\ The chief executives shall also make such other 
reports at such other times as may be required by the Congress 
or under applicable Federal laws.\6\ This section is not 
subject to termination under section 502(a)(3) of the Covenant 
to Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America (90 Stat. 
263, 268).
---------------------------------------------------------------------------
    \5\ 48 U.S.C. 1692. Sec. 203(a) of Public Law 97-357 (96 Stat. 
1707) amended and restated sec. 5. It previously read as follows:
    ``Sec. 5. The High Commissioner of the Trust Territory of the 
Pacific Islands shall make an annual report to the Secretary of the 
Interior on the administration of this title.''.
    \6\ Sec. 901(p) of the Federal Reports Elimination Act of 1998 
(Public Law 105-362; 112 Stat. 3291) struck out the third and fifth 
sentences of sec. 5, which previously read as follows:
    ``The chief executives shall transmit the comprehensive annual 
financial report to the Inspector General of the Department of the 
Interior who shall audit it and report his findings to the Congress.''
    ``The chief executives shall submit to the Congress, the Secretary 
of the Interior, the High Commissioner of the Trust Territory of the 
Pacific Islands, and the cognizant Federal auditors a written statement 
of actions taken or contemplated on Federal audit recommendations 
within sixty days after the issuance date of the audit report.''.
---------------------------------------------------------------------------
    Sec. 6.\7\ The Comptroller General of the United States, or 
any of his duly authorized representatives, shall have access, 
for the purpose of audit and examination, to any relevant 
books, documents, papers, or records of the government of the 
Trust Territory of the Pacific Islands.
---------------------------------------------------------------------------
    \7\ 48 U.S.C. 1693.
  (3) Civil Government for the Trust Territory of the Pacific Islands

 Public Law 83-451 [S. 3318], 68 Stat. 330, approved June 30, 1954; as 
amended by Public Law 87-541 [S. 2775], 76 Stat. 171, approved July 19, 
1962; Public Law 88-487 [H.R. 3198], 78 Stat. 601, approved August 22, 
 1964; Public Law 90-16 [S. 303], 81 Stat. 15, approved May 10, 1967; 
Public Law 90-617 [S. 3207], 82 Stat. 1213, approved October 21, 1968; 
 Public Law 91-578 [3479], 84 Stat. 1559, approved December 24, 1970; 
Public Law 91-606 [S. 3619], 84 Stat. 1744, approved December 31, 1970; 
Public Law 93-111 [S. 1385], 87 Stat. 354, approved September 21, 1973; 
   Public Law 93-288 [S. 3062], 88 Stat. 164, approved May 22, 1974; 
 Public Law 94-27 [S. 326], 89 Stat. 95, approved May 28, 1975; Public 
 Law 94-255 [H.R. 12122], 90 Stat. 299, approved April 1, 1976; Public 
   Law 95-134 [H.R. 6550], 91 Stat. 1159, approved October 15, 1977; 
 Public Law 96-205 [H.R. 3756], 94 Stat. 84, approved March 12, 1980; 
  Public Law 96-597 [H.R. 8444], 94 Stat. 3478, approved December 24, 
   1980; and Public Law 97-357 [H.R. 5139], 96 Stat. 1705], approved 
                            October 19, 1982

 AN ACT To provide for a continuance of civil government for the Trust 
                   Territory of the Pacific Islands.

Whereas, pursuant to the authority of Public Law 204, Eightieth 
    Congress, approved July 18, 1947, the President approved a 
    trusteeship agreement for the Trust Territory of the 
    Pacific Islands between the United States Government and 
    the Security Council of the United Nations; and
Whereas responsibility for civil administration of the Trust 
    Territory was vested in the Secretary of the Navy by 
    Executive Order Number 9875 of July 18, 1947; and
Whereas responsibility for such administration was transferred 
    to the Secretary of the Interior, effective July 1, 1951, 
    by Executive Order Numbered 10265 of June 29, 1951, as 
    amended by Executive Order Numbered 10408 of November 10, 
    1952, and Executive Order Numbered 10470 of July 17, 1953: 
    Therefore

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, (a) \1\ 
That until Congress shall further provide for the government of 
the Trust Territory of the Pacific Islands, all executive, 
legislative, and judicial authority necessary for the civil 
administration of the Trust Territory shall continue to be 
vested in such person or persons and shall be exercised in such 
a manner and through such agency or agencies as the President 
of the United States may direct or authorize.
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1681.
---------------------------------------------------------------------------
    (b) \2\ The head of any department, corporation, or other 
agency of the executive branch of the Government may, upon the 
request of the Secretary of the Interior, extend to the Trust 
Territory of the Pacific Islands, with or without 
reimbursement, scientific, technical, and other assistance 
under any program administered by such agency, or extend to the 
Trust Territory any Federal program administered by such agency 
if the assistance or program will promote the welfare of the 
Trust Territory, notwithstanding any provision of law under 
which the Trust Territory may otherwise be ineligible for the 
assistance of program: Provided, That the Secretary of the 
Interior shall not request assistance pursuant to this 
subsection that involves, in the aggregate, an estimated 
nonreimbursable cost in any one fiscal year in excess of 
$150,000: Provided further, That the cost of any program 
extended to the Trust Territory under this subsection shall be 
reimbursable out of appropriations authorized and made for the 
government of the Trust Territory pursuant to section 2 of this 
Act, as amended. The provisions of this subsection shall not 
apply to financial assistance under a grant-in-aid program.
---------------------------------------------------------------------------
    \2\ Sec. 1 of Public Law 88-487 (78 Stat. 601) added subsec. (b).
---------------------------------------------------------------------------
    Sec. 2.\3\ There are authorized to be appropriated not to 
exceed $25,000,000 for fiscal year 1967, for fiscal year 1975, 
$75,000,000; for fiscal year 1976, $80,000,000; for the period 
beginning July 1, 1976, and ending September 30, 1976, 
$15,100,000; for fiscal year 1977, $80,000,000; and such 
amounts as were authorized but not appropriated for fiscal 
years 1975, 1976, and 1977; for fiscal year 1978, $90,000,000; 
for fiscal year 1979, $122,700,000; for fiscal year 1980, 
$112,000,000; for fiscal years after fiscal 1980, such sums as 
may be necessary, including, but not limited to, sums needed 
for completion of the capital improvement program; for a basic 
communications system; for a feasibility study and construction 
of hydroelectric project on Ponape; for expenditure by grant or 
contract for the installation, operation, and maintenance of 
communications systems which will provide internal and external 
communications; \4\ and up to but not to exceed $8,000,000 for 
the construction of such buildings as are required for a four-
year college to serve the Micronesian community (no 
appropriations for the construction of such buildings shall, 
however, be made (A) until, but not later than one year after 
the date of the enactment of this Act, the President causes a 
study to be made by an appropriate authority to determine the 
educational need and the most suitable educational concept for 
such a college and transmits such study, together with his 
recommendations, to the Committees on Interior and Insular 
Affairs of the Senate and House of Representatives of the 
United States within said one year period and (B) until 90 
calendar days after the receipt of such study and 
recommendations which shall be deemed approved unless 
specifically disapproved by resolution of either such 
committee), and $1,800,000 for a human development project in 
the Marshall Islands plus such sums as are necessary, for each 
fiscal years, or periods, to offset reductions in, or the 
termination of Federal grants-in-aid programs or other funds 
made available to the Trust Territory of the Pacific Islands by 
other Federal agencies, to remain available until expended, to 
carry out the provisions of this Act and to provide for a 
program of necessary capital improvements and public works 
related to health, education, utilities, highways, 
transportation facilities, communications, and public 
buildings: Provided, That except for funds appropriated for the 
activities of the Peace Corps no funds appropriated by any Act 
shall be used for administration of the Trust Territory of the 
Pacific Islands except as may be specifically authorized by 
law.
---------------------------------------------------------------------------
    \3\ 48 U.S.C. 1681 note. The language in sec. 2 concerning the 
authorization of funds after fiscal year 1980 was added by sec. 101 of 
Public Law 96-205 (94 Stat. 84). Sec. 2 had previously been amended by 
Public Law 90-16 (81 Stat. 15), Public Law 90-617 (82 Stat. 1213), 
Public Law 91-578 (84 Stat. 1559), Public Law 93-111 (87 Stat. 354), 
Public Law 94-27 (89 Stat. 95), Public Law 94-255 (90 Stat. 299), and 
Public Law 95-134 (91 Stat. 1159).
    \4\ Sec. 401 of Public Law 96-597 (94 Stat. 3478) inserted ``for 
expenditure by grant or contract for the installation, operation, and 
maintenance of communications systems which will provide internal and 
external communications;''.
---------------------------------------------------------------------------
    Sec. 3.\5\ There are hereby authorized to be appropriated 
such sums as the Secretary of the Interior may find necessary, 
but not to exceed $10,000,000 for any one year, to alleviate 
suffering and damage resulting from major disasters that occur 
in the Trust Territory of the Pacific Islands. Such sums shall 
be in addition to those authorized in section 2 of this Act and 
shall not be subject to the limitations imposed by section 2 of 
this Act. The Secretary of the Interior shall determine whether 
or not a major disaster has occurred in accordance with the 
principles and policies of sections 102(2) and 301 of the 
Disaster Relief Act of 1974.\6\
---------------------------------------------------------------------------
    \5\ 48 U.S.C. 1681 note. Sec. 2 of Public Law 90-617 (82 Stat. 
1213) added sec. 3.
    \6\ Sec. 301(k) of Public Law 91-606 (84 Stat. 1759), struck out 
``section 2 of the Act of September 30, 1950 (64 Stat. 1109), as 
amended (42 U.S.C. 1855a)'' and inserted in lieu thereof ``section 
102(1) of the Disaster Relief Act of 1970''. Subsequently, sec. 602(k) 
of Public Law 93-288 (88 Stat. 164) struck out ``section 102(1) of the 
Disaster Relief Act of 1970'' and inserted in lieu thereof ``sections 
102(2) and 301 of the Disaster Relief Act of 1974''.
---------------------------------------------------------------------------
    Sec. 4.\7\ (a) The following functions, powers, and duties 
heretofore vested in the government comptroller for Guam with 
respect to the government of the Trust Territory of the Pacific 
Islands and the government of the Northern Mariana Islands are 
hereby transferred to the Inspector General, Department of the 
Interior, for the purpose of establishing an organization which 
will maintain a satisfactory level of independent audit 
oversight of the governments of the Marshall Islands, the 
Federated States of Micronesia, Palau, and the Northern Mariana 
Islands:
---------------------------------------------------------------------------
    \7\ 48 U.S.C. 1681b. Sec. 203(b) of Public Law 97-357 (96 Stat. 
1707) added sec. 4. Sec. 203(b) of Public Law 97-357 repealed a 
previous sec. 4, as added by sec. 2 of Public Law 93-111 (87 Stat. 354) 
and amended by sec. 203(b) of Public Law 95-134 (91 Stat. 1162) and 
sec. 201(b) of Public Law 96-205 (94 Stat. 85). The previous sec. 4 
related to duties of the government comptroller for Guam in addition to 
those imposed by the Organic Act of Guam.
---------------------------------------------------------------------------
          (1) The authority to audit all accounts pertaining to 
        the revenue and receipts of the governments of the 
        Marshall Islands, the Federated States of Micronesia, 
        Palau, and the Northern Mariana Islands, and to funds 
        derived from bond issues, and the authority to audit, 
        in accordance with law and administrative regulations, 
        all expenditures of funds and property pertaining to 
        the aforementioned governments including those 
        pertaining to trust funds held by such governments.
          (2) The authority to report to the Secretary of the 
        Interior, the High Commissioner of the Trust Territory 
        of the Pacific Islands, the chief executives of the 
        governments of the Marshall Islands, the Federated 
        States of Micronesia, Palau, and the Northern Mariana 
        Islands all failures to collect amounts due the 
        governments, and expenditures of funds or uses of 
        property which are irregular or not pursuant to law.
    (b) The authority granted in paragraph (a) shall extend to 
all activities of the governments of the Marshall Islands, the 
Federated States of Micronesia, Palau, and the Northern Mariana 
Islands, and shall be in addition to the authority conferred 
upon the Inspector General by the Inspector General Act of 1978 
(92 Stat. 1101), as amended. This section is not subject to 
termination under section 502(a)(3) of the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America (90 Stat. 
263, 268).
    (c) In order to carry out the provisions of this section, 
the personnel, assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, 
used, arising from, available or to be made available, of the 
office of the government comptroller for Guam related to its 
audit function, with respect to the government of the Trust 
Territory of the Public Islands and the government of the 
Northern Mariana Islands are hereby transferred to the Office 
of Inspector General, Department of the Interior.
 (4) Interior Appropriations for Trust Territory of the Pacific Islands

    Partial text of Public Law 109-54 [Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2006; H.R. 2361], 
                 119 Stat. 499, approved August 2, 2005

   AN ACT Making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
                   30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the 
Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

          * * * * * * *

                          Departmental Offices

                            Insular affairs

                       assistance to territories

    For expenses necessary for assistance to territories under 
the jurisdiction of the Department of the Interior, 
$76,883,000, of which: (1) $69,502,000 shall be available until 
expended for technical assistance, including maintenance 
assistance, disaster assistance, insular management controls, 
coral reef initiative activities, and brown tree snake control 
and research; grants to the judiciary in American Samoa for 
compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and 
support of governmental functions; grants to the Government of 
the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the 
Government of the Northern Mariana Islands as authorized by law 
(Public Law 94-241; 90 Stat. 272); and (2) $7,381,000 shall be 
available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, 
including such transactions of all agencies or 
instrumentalities established or used by such governments, may 
be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United 
States Code: \1\ Provided further, That Northern Mariana 
Islands Covenant grant funding shall be provided according to 
those terms of the Agreement of the Special Representatives on 
Future United States Financial Assistance for the Northern 
Mariana Islands approved by Public Law 104-134: Provided 
further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the 
Pacific Basin Development Council: Provided further, That of 
the amounts provided for technical assistance, sufficient 
funding shall be made available for a grant to the Close Up 
Foundation: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement 
of capital infrastructure with territorial participation and 
cost sharing to be determined by the Secretary based on the 
grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous 
appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant 
to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1469b.
---------------------------------------------------------------------------
          * * * * * * *
                    e. Ryukyu Claims Settlement Act

 Public Law 89-296 [S.J. Res. 32], 79 Stat. 1071, approved October 27, 
                                  1965

JOINT RESOLUTION To authorize a contribution to certain inhabitants of 
 the Ryukyu Islands for death and injury to persons and for use of and 
  damage to private property, arising from acts and omissions of the 
United States Armed Forces, or members thereof, after August 15, 1945, 
                       and before April 28, 1952.

Whereas certain persons of the Ryukyu Islands suffered damages 
    incident to the activities of the Armed Forces of the 
    United States, or members thereof, after the surrender of 
    Japanese forces in the Ryukyus on August 15, 1945, and 
    before the effective date of the Treaty of Peace with Japan 
    on April 28, 1952;
Whereas article 19 of the Treaty of Peace with Japan 
    extinguished the legal liability of the United States for 
    any claims of Japanese nationals, including Ryukyuans, with 
    the result that the United States has made no compensation 
    for the above-mentioned damages (except for use of and 
    damage to land during the period from July 1, 1950 to April 
    28, 1952);
Whereas it is particularly consonant with the concern of the 
    United States, as the sole administering authority in the 
    Ryukyu Islands, for the welfare of the Ryukyuan people, 
    that those Ryukyuans who suffered damages incident to the 
    activities of the United States Armed Forces, or members 
    thereof, should be compensated therefor;
Whereas payment of ex gratia compensation, by advancing the 
    welfare of the Ryukyuan people, will promote the security 
    interest, foreign policy, and foreign relations of the 
    United States; and
Whereas the High Commissioner of the Ryukyu Islands has 
    considered the evidence regarding these claims, and has 
    determined, in an equitable manner, those claims which are 
    meritorious, and the amounts thereof: Therefore be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the United 
States should make an ex gratia contribution to the persons 
(excluding municipalities) determined by the High Commissioner 
of the Ryukyu Islands to be meritorious claimants, in the 
amounts determined by him, and that the Secretary of the Army 
or his designee should, under regulations prescribed by the 
Secretary of Defense, pay such amounts to the claimants or 
their legal heirs, as a civil function of the Department of the 
Army; and be it further
    Resolved, That no funds appropriated under this joint 
resolution shall be disbursed to satisfy claims, or portions 
thereof, which have been satisfied by contributions made by the 
Government of Japan.
    Sec. 2. There is authorized to be appropriated not to 
exceed $22,000,000 \1\ to carry out the provisions of this 
joint resolution, which funds are authorized to remain 
available for two years from the effective date of their 
appropriation. Any funds unobligated by the end of that period 
shall be covered into the Treasury of the United States.
---------------------------------------------------------------------------
    \1\ Public Law 89-691 (80 Stat. 1018), approved October 15, 1966, 
appropriated the amount ``$21,040,000.''
---------------------------------------------------------------------------
    Sec. 3. No remuneration on account of services rendered on 
behalf of any claimant in connection with any claim shall 
exceed 5 per centum of the total amount paid, pursuant to the 
provisions of this joint resolution, or such claim; except that 
no remuneration on account of such services rendered on behalf 
of any association of claimants by any agent or attorney 
(including organizations thereof) shall exceed 1 per centum of 
the aggregate amount so paid on the claims involved. Fees 
already paid for such services shall be deducted from the 
amounts authorized under this joint resolution. Any agreement 
to the contrary shall be unlawful and void. Whoever, in the 
United States or elsewhere, demands or receives, on account of 
services so rendered, any remuneration in excess of the maximum 
permitted by this section, shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be fined not more than 
$5,000 or imprisoned not more than twelve months, or both.
        4. Compacts of Free Association and Related Legislation

         a. Compact of Free Association Amendments Act of 2003

 Public Law 108-188 [H.J. Res. 63], 117 Stat. 2720, approved December 
                                17, 2003

    JOINT RESOLUTION To approve the Compact of Free Association, as 
amended, between the Government of the United States of America and the 
 Government of the Federated States of Micronesia, and the Compact of 
  Free Association, as amended, between the Government of the United 
 States of America and the Government of the Republic of the Marshall 
  Islands, and to appropriate funds to carry out the amended Compacts.

Whereas \1\ the United States (in accordance with the 
    Trusteeship Agreement for the Trust Territory of the 
    Pacific Islands, the United Nations Charter, and the 
    objectives of the international trusteeship system of the 
    United Nations) fulfilled its obligations to promote the 
    development of the people of the Trust Territory toward 
    self-government or independence as appropriate to the 
    particular circumstances of the Trust Territory and its 
    peoples and the freely expressed wishes of the peoples 
    concerned;
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1921 note.
---------------------------------------------------------------------------
Whereas the United States, the Federated States of Micronesia, 
    and the Republic of the Marshall Islands entered into the 
    Compact of Free Association set forth in title II of Public 
    Law 99-239, January 14, 1986, 99 Stat. 1770, to create and 
    maintain a close and mutually beneficial relationship;
Whereas the United States, in accordance with section 231 of 
    the Compact of Free Association entered into negotiations 
    with the Governments of the Federated States of Micronesia 
    and the Republic of the Marshall Islands to provide 
    continued United States assistance and to reaffirm its 
    commitment to this close and beneficial relationship; and
Whereas these negotiations, in accordance with section 431 of 
    the Compact, resulted in the ``Compact of Free Association, 
    as amended between the Government of the United States of 
    America and the Government of the Federated States of 
    Micronesia'', and the ``Compact of Free Association, as 
    amended between the Government of the United States of 
    America and the Government of the Republic of the Marshall 
    Islands'', which, together with their related agreements, 
    were signed by the Government of the United States and the 
    Governments of the Federated States of Micronesia and the 
    Republic of the Marshall Islands on May 14, and April 30, 
    2003, respectively: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) \2\ Short Title.--This joint resolution, together with 
the table of contents in subsection (b) of this section, may be 
cited as the ``Compact of Free Association Amendments Act of 
2003''.
---------------------------------------------------------------------------
    \2\ 48 U.S.C. 1901 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this 
joint resolution is as follows:
Sec. 1. Short title and table of contents.

                                                                    Page

      TITLE I--APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT; 
  INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM COMPACT AND 
                U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS

Sec. 101. Approval of U.S.-FSM Compact of Free Association and the 
    U.S.-RMI Compact of Free Association; references to subsidiary 
    agreements or separate agreements.............................   929
      (a) Federated States of Micronesia..........................   929
      (b) Republic of the Marshall Islands........................   930
      (c) References to the Compact, the U.S.-FSM Compact and the 
      U.S.-RMI Compact; References to Subsidiary Agreements or 
      Separate Agreements.........................................   930
      (d) Amendment, Change, or Termination in the U.S.-FSM 
      Compact, the U.S.-RMI Compact and Certain Agreements........   930
      (e) Subsidiary Agreements Deemed Bilateral..................   931
      (f) Entry Into Force of Future Amendments to Subsidiary 
      Agreements..................................................   931
Sec. 102. Agreements With Federated States of Micronesia..........   932
      (a) Law Enforcement Assistance..............................   932
      (b) Agreement on Audits.....................................   932
Sec. 103. Agreements With and Other Provisions Related to the 
    Republic of the Marshall Islands..............................   934
      (a) Law Enforcement Assistance..............................   934
      (b) EJIT....................................................   934
      (c) Section 177 Agreement...................................   934
      (d) Nuclear Test Effects....................................   935
      (e) Espousal Provisions.....................................   935
      (f) DOE Radiological Health Care Program; USDA Agricultural 
      and Food Programs...........................................   936
      (g) ongelap.................................................   937
      (h) Four Atoll Health Care Program..........................   938
      (i) Enjebi Community Trust Fund.............................   939
      (j) Bikini Atoll Cleanup....................................   941
      (k) Agreement on Audits.....................................   941
      (l) Kwajalein...............................................   943
Sec. 104. Interpretation of and United States Policy Regarding 
    U.S.-FSM Compact and U.S.-RMI Compact.........................   944
      (a) Human Rights............................................   944
      (b) Immigration and Passport Security.......................   944
      (c) Nonalienation of Lands..................................   945
      (d) Nuclear Waste Disposal..................................   946
      (e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact 
      on the State of Hawaii, Guam, the Commonwealth of the 
      Northern Mariana Islands and American Samoa; Related 
      Authorization and Continuing Appropriation..................   946
      (f) Foreign Loans...........................................   949
      (g) Sense of Congress Concerning Funding of Public 
      Infrastructure..............................................   949
      (h) Reports and Reviews.....................................   949
      (i) Construction of Section 141(f)..........................   951
      (j) Inflation Adjustment....................................   951
      (k) Participation by Secondary Schools in the Armed Services 
      Vocational Aptitude Battery (ASVAB) Student Testing Program.   951
Sec. 105. Supplemental Provisions.................................   951
      (a) Domestic Program Requirements...........................   951
      (b) Relations With the Federated States of Micronesia and 
      the Republic of the Marshall Islands........................   952
      (c) Continuing Trust Territory Authorization................   954
      (d) Survivability...........................................   955
      (e) Noncompliance Sanctions; Actions Incompatible With 
      United States Authority.....................................   955
      (f) Continuing Programs and Laws............................   955
      (g) College of Micronesia...................................   960
      (h) Trust Territory Debts to U.S. Federal Agencies..........   960
      (i) Judicial Training.......................................   960
      (j) Technical Assistance....................................   960
      (k) Prior Service Benefits Program..........................   961
      (l) Indefinite Land Use Payments............................   961
      (m) Communicable Disease Control Program....................   961
      (n) User Fees...............................................   961
      (o) Treatment of Judgments of Courts of the Federated States 
      of Micronesia, the Republic of the Marshall Islands, and the 
      Republic of Palau...........................................   961
      (p) Establishment of Trust Funds; Expedition of Process.....   962
Sec. 106. Construction Contract Assistance........................   962
      (a)  Assistance to U.S. Firms...............................   962
      (b)  Authorization of Appropriations........................   963
Sec. 107. Prohibition.............................................   963
Sec. 108. Compensatory Adjustments................................   963
      (a) Additional Programs and Services........................   963
      (b) Further Amounts.........................................   964
Sec. 109. Authorization and Continuing Appropriation..............   964
Sec. 110. Payment of Citizens of the Federated States of 
    Micronesia, the Republic of the Marshall Islands, and the 
    Republic of Palau Employed by the Government of the United 
    States in the Continental United States.......................   965

  TITLE II--COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF 
           MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

Sec. 201. Compacts of Free Association, as Amended Between the 
    Government of the United States of America and the Government 
    of the Federated States of Micronesia and Between the 
    Government of the United States of America and the Government 
    of the Republic of the Marshall Islands.......................   965
      (a) Compact of Free Association, as Amended, Between the 
      Government of the United States of America and the 
      Government of the Federated States of Micronesia............   965

                    Title One--Governmental Relations

      Article I--Self-Government..................................   966
      Article II--Foreign Affairs.................................   967
      Article III--Communications.................................   968
      Article IV--Immigration.....................................   969
      Article V--Representation...................................   972
      Article VI--Environmental Protection........................   973
      Article VII--General Legal Provisions.......................   976

                      Title Two--Economic Relations

      Article I--Grant Assistance.................................   980
      Article II--Services and Program Assistance.................   985
      Article III--Administrative Provisions......................   987
      Article IV--Trade...........................................   988
      Article V--Finance and Taxation.............................   989

               Title Three--Security and Defense Relations

      Article I--Authority and Responsibility.....................   990
      Article II--Defense Facilities and Operating Rights.........   992
      Article III--Defense Treaties and International Security 
      Agreements..................................................   993
      Article IV--Service in Armed Forces of the United States....   993
      Article V--General Provisions...............................   994

                     Title Four--General Provisions

      Article I--Approval and Effective Date......................   996
      Article II--Conference and Dispute Resolution...............   996
      Article III--Amendment......................................   997
      Article IV--Termination.....................................   998
      Article V--Survivability....................................   998
      Article VI--Definition of Terms.............................  1001
      Article VII--Concluding Provisions..........................  1004
      (b) Compact of Free Association, as Amended, Between the 
      Government of the United States of America and the 
      Government of the Republic of the Marshall Islands..........  1004

                    Title One--Governmental Relations

      Article I--Self-Government..................................  1006
      Article II--Foreign Affairs.................................  1006
      Article III--Communications.................................  1007
      Article IV--Immigration.....................................  1008
      Article V--Representation...................................  1012
      Article VI--Environmental Protection........................  1012
      Article VII--General Legal Provisions.......................  1016

                      Title Two--Economic Relations

      Article I--Grant Assistance.................................  1020
      Article II--Services and Program Assistance.................  1026
      Article III--Administrative Provisions......................  1028
      Article IV--Trade...........................................  1029
      Article V--Finance and Taxation.............................  1030

               Title Three--Security and Defense Relations

      Article I--Authority and Responsibility.....................  1032
      Article II--Defense Facilities and Operating Rights.........  1034
      Article III--Defense Treaties and International Security 
      Agreements..................................................  1034
      Article IV--Service in Armed Forces of the United States....  1035
      Article V--General Provisions...............................  1035

                     Title Four--General Provisions

      Article I--Approval and Effective Date......................  1037
      Article II--Conference and Dispute Resolution...............  1038
      Article III--Amendment......................................  1039
      Article IV--Termination.....................................  1039
      Article V--Survivability....................................  1040
      Article VI--Definition of Terms.............................  1042
      Article VII--Concluding Provisions..........................  1045

      TITLE I--APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT; 
 INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM COMPACT AND 
               U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS

SEC. 101.\3\ APPROVAL OF U.S.-FSM COMPACT OF FREE ASSOCIATION AND THE 
                    U.S.-RMI COMPACT OF FREE ASSOCIATION; REFERENCES TO 
                    SUBSIDIARY AGREEMENTS OR SEPARATE AGREEMENTS.
---------------------------------------------------------------------------

    \3\ 48 U.S.C. 1921.
---------------------------------------------------------------------------
    (a) Federated States of Micronesia.--The Compact of Free 
Association, as amended with respect to the Federated States of 
Micronesia and signed by the United States and the Government 
of the Federated States of Micronesia and set forth in Title II 
(section 201(a)) of this joint resolution, is hereby approved, 
and Congress hereby consents to the subsidiary agreements and 
amended subsidiary agreements listed in section 462 of the 
U.S.-FSM Compact. Subject to the provisions of this joint 
resolution, the President is authorized to agree, in accordance 
with section 411 of the U.S.-FSM Compact, to an effective date 
for and thereafter to implement such U.S.-FSM Compact.
    (b) Republic of the Marshall Islands.--The Compact of Free 
Association, as amended with respect to the Republic of the 
Marshall Islands and signed by the United States and the 
Government of the Republic of the Marshall Islands and set 
forth in Title II (section 201(b)) of this joint resolution, is 
hereby approved, and Congress hereby consents to the subsidiary 
agreements and amended subsidiary agreements listed in section 
462 of the U.S.-RMI Compact. Subject to the provisions of this 
joint resolution, the President is authorized to agree, in 
accordance with section 411 of the U.S.-RMI Compact, to an 
effective date for and thereafter to implement such U.S.-RMI 
Compact.
    (c) References to the Compact, the U.S.-FSM Compact, and 
the U.S.-RMI Compact; References to Subsidiary Agreements or 
Separate Agreements.--
          (1) Any reference in this joint resolution (except 
        references in Title II) to ``the Compact'' shall be 
        treated as a reference to the Compact of Free 
        Association set forth in title II of Public Law 99-239, 
        January 14, 1986, 99 Stat. 1770. Any reference in this 
        joint resolution to the ``U.S.-FSM Compact'' shall be 
        treated as a reference to the Compact of Free 
        Association, as amended between the Government of the 
        United States of America and the Government of the 
        Federated States of Micronesia and set forth in Title 
        II (section 201(a)) of this joint resolution. Any 
        reference in this joint resolution to the ``U.S.-RMI 
        Compact'' shall be treated as a reference to the 
        Compact of Free Association, as amended between the 
        Government of the United States of America and the 
        Government of the Republic of the Marshall Islands and 
        set forth in Title II (section 201(b)) of this joint 
        resolution.
          (2) Any reference to the term ``subsidiary 
        agreements'' or ``separate agreements'' in this joint 
        resolution shall be treated as a reference to 
        agreements listed in section 462 of the U.S.-FSM 
        Compact and the U.S.-RMI Compact, and any other 
        agreements that the United States may from time to time 
        enter into with either the Government of the Federated 
        States of Micronesia or the Government of the Republic 
        of the Marshall Islands, or with both such governments 
        in accordance with the provisions of the U.S.-FSM 
        Compact and the U.S.-RMI Compact.
    (d) Amendment, Change, or Termination in the U.S.-FSM 
Compact and U.S.-RMI Compact and Certain Agreements.--
          (1) Any amendment, change, or termination by mutual 
        agreement or by unilateral action of the Government of 
        the United States of all or any part of the U.S.-FSM 
        Compact or U.S.-RMI Compact shall not enter into force 
        until after Congress has incorporated it in an Act of 
        Congress.
          (2) The provisions of paragraph (1) shall apply--
                  (A) to all actions of the Government of the 
                United States under the U.S.-FSM Compact or 
                U.S.-RMI Compact including, but not limited to, 
                actions taken pursuant to sections 431, 441, or 
                442;
                  (B) to any amendment, change, or termination 
                in the Agreement Between the Government of the 
                United States and the Government of the 
                Federated States of Micronesia Regarding 
                Friendship, Cooperation and Mutual Security 
                Concluded Pursuant to Sections 321 and 323 of 
                the Compact of Free Association referred to in 
                section 462(a)(2) of the U.S.-FSM Compact and 
                the Agreement Between the Government of the 
                United States and the Government of the 
                Marshall Islands Regarding Mutual Security 
                Concluded Pursuant to Sections 321 and 323 of 
                the Compact of Free Association referred to in 
                section 462(a)(5) of the U.S.-RMI Compact;
                  (C) to any amendment, change, or termination 
                of the agreements concluded pursuant to Compact 
                section 177, and section 215(a) of the U.S.-FSM 
                Compact and section 216(a) of the U.S.-RMI 
                Compact, the terms of which are incorporated by 
                reference into the U.S.-FSM Compact and the 
                U.S.-RMI Compact; and
                  (D) to the following subsidiary agreements, 
                or portions thereof:
                          (i) Articles III, IV, and X of the 
                        agreement referred to in section 
                        462(b)(6) of the U.S.-RMI Compact.
                          (ii) Article III and IV of the 
                        agreement referred to in section 
                        462(b)(6) of the U.S.-FSM Compact.
                          (iii) Articles VI, XV, and XVII of 
                        the agreement referred to in section 
                        462(b)(7) of the U.S.-FSM Compact and 
                        U.S.-RMI Compact.
    (e) Subsidiary Agreements Deemed Bilateral.--For purposes 
of implementation of the U.S.-FSM Compact and the U.S.-RMI 
Compact and this joint resolution, the Agreement Concluded 
Pursuant to Section 234 of the Compact of Free Association and 
referred to in section 462(a)(1) of the U.S.-FSM Compact and 
section 462(a)(4) of the U.S.-RMI Compact shall be deemed to be 
a bilateral agreement between the United States and each other 
party to such subsidiary agreement. The consent or concurrence 
of any other party shall not be required for the effectiveness 
of any actions taken by the United States in conjunction with 
either the Federated States of Micronesia or the Republic of 
the Marshall Islands which are intended to affect the 
implementation, modification, suspension, or termination of 
such subsidiary agreement (or any provision thereof) as regards 
the mutual responsibilities of the United States and the party 
in conjunction with whom the actions are taken.
    (f) Entry Into Force of Future Amendments to Subsidiary 
Agreements.--No agreement between the United States and the 
government of either the Federated States of Micronesia or the 
Republic of the Marshall Islands which would amend, change, or 
terminate any subsidiary agreement or portion thereof, other 
than those set forth in subsection (d) of this section shall 
enter into force until 90 days after the President has 
transmitted such agreement to the President of the Senate and 
the Speaker of the House of Representatives together with an 
explanation of the agreement and the reasons therefor. In the 
case of the agreement referred to in section 462(b)(3) of the 
U.S.-FSM Compact and the U.S.-RMI Compact, such transmittal 
shall include a specific statement by the Secretary of Labor as 
to the necessity of such amendment, change, or termination, and 
the impact thereof.

SEC. 102.\4\ AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

    (a) Law Enforcement Assistance.--Pursuant to sections 222 
and 224 of the U.S.-FSM Compact, the United States shall 
provide non-reimbursable technical and training assistance as 
appropriate, including training and equipment for postal 
inspection of illicit drugs and other contraband, to enable the 
Government of the Federated States of Micronesia to develop and 
adequately enforce laws of the Federated States of Micronesia 
and to cooperate with the United States in the enforcement of 
criminal laws of the United States. Funds appropriated pursuant 
to section 105(j) of this title may be used to reimburse State 
or local agencies providing such assistance.
---------------------------------------------------------------------------
    \4\ 48 U.S.C. 1921a.
---------------------------------------------------------------------------
    (b) Agreement on Audits.--The Comptroller General (and his 
duly authorized representatives) shall have the authorities 
necessary to carry out his responsibilities under section 232 
of the U.S.-FSM Compact and the agreement referred to in 
section 462(b)(4) of the U.S.-FSM Compact, including the 
following authorities:
          (1) General authority of the comptroller general to 
        audit.--
                  (A) The Comptroller General of the United 
                States (and his duly authorized 
                representatives) shall have the authority to 
                audit--
                          (i) all grants, program assistance, 
                        and other assistance provided to the 
                        Government of the Federated States of 
                        Micronesia under Articles I and II of 
                        Title Two of the U.S.-FSM Compact; and
                          (ii) any other assistance provided by 
                        the Government of the United States to 
                        the Government of the Federated States 
                        of Micronesia. Such authority shall 
                        include authority for the Comptroller 
                        General to conduct or cause to be 
                        conducted any of the audits provided 
                        for in section 232 of the U.S.-FSM 
                        Compact. The authority provided in this 
                        paragraph shall continue for at least 
                        three years after the last such grant 
                        has been made or assistance has been 
                        provided.
                  (B) The Comptroller General (and his duly 
                authorized representatives) shall also have 
                authority to review any audit conducted by or 
                on behalf of the Government of the United 
                States. In this connection, the Comptroller 
                General shall have access to such personnel and 
                to such records, documents, working papers, 
                automated data and files, and other information 
                relevant to such review.
          (2) Comptroller general access to records.--
                  (A) In carrying out paragraph (1), the 
                Comptroller General (and his duly authorized 
                representatives) shall have such access to the 
                personnel and (without cost) to records, 
                documents, working papers, automated data and 
                files, and other information relevant to such 
                audits. The Comptroller General may duplicate 
                any such records, documents, working papers, 
                automated data and files, or other information 
                relevant to such audits.
                  (B) Such records, documents, working papers, 
                automated data and files, and other information 
                regarding each such grant or other assistance 
                shall be maintained for at least five years 
                after the date such grant or assistance was 
                provided and in a manner that permits such 
                grants, assistance, and payments to be 
                accounted for distinct from any other funds of 
                the Government of the Federated States of 
                Micronesia.
          (3) Status of comptroller general representatives.--
        The Comptroller General and his duly authorized 
        representatives shall be immune from civil and criminal 
        process relating to words spoken or written and all 
        acts performed by them in their official capacity and 
        falling within their functions, except insofar as such 
        immunity may be expressly waived by the Government of 
        the United States. The Comptroller General and his duly 
        authorized representatives shall not be liable to 
        arrest or detention pending trial, except in the case 
        of a grave crime and pursuant to a decision by a 
        competent judicial authority, and such persons shall 
        enjoy immunity from seizure of personal property, 
        immigration restrictions, and laws relating to alien 
        registration, fingerprinting, and the registration of 
        foreign agents. Such persons shall enjoy the same 
        taxation exemptions as are set forth in Article 34 of 
        the Vienna Convention on Diplomatic Relations. The 
        privileges, exemptions and immunities accorded under 
        this paragraph are not for the personal benefit of the 
        individuals concerned but are to safeguard the 
        independent exercise of their official functions. 
        Without prejudice to those privileges, exemptions and 
        immunities, it is the duty of all such persons to 
        respect the laws and regulations of the Government of 
        the Federated States of Micronesia.
          (4) Audits defined.--As used in this subsection, the 
        term ``audits'' includes financial, program, and 
        management audits, including determining--
                  (A) whether the Government of the Federated 
                States of Micronesia has met the requirements 
                set forth in the U.S.-FSM Compact, or any 
                related agreement entered into under the U.S.-
                FSM Compact, regarding the purposes for which 
                such grants and other assistance are to be 
                used; and
                  (B) the propriety of the financial 
                transactions of the Government of the Federated 
                States of Micronesia pursuant to such grants or 
                assistance.
          (5) Cooperation by federated states of micronesia.--
        The Government of the Federated States of Micronesia 
        will cooperate fully with the Comptroller General of 
        the United States in the conduct of such audits as the 
        Comptroller General determines necessary to enable the 
        Comptroller General to fully discharge his 
        responsibilities under this joint resolution.

SEC. 103.\5\ AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE 
                    REPUBLIC OF THE MARSHALL ISLANDS.

    (a) Law Enforcement Assistance.--Pursuant to sections 222 
and 224 of the U.S.-RMI Compact, the United States shall 
provide non-reimbursable technical and training assistance as 
appropriate, including training and equipment for postal 
inspection of illicit drugs and other contraband, to enable the 
Government of the Marshall Islands to develop and adequately 
enforce laws of the Marshall Islands and to cooperate with the 
United States in the enforcement of criminal laws of the United 
States. Funds appropriated pursuant to section 105(j) of this 
title may be used to reimburse State or local agencies 
providing such assistance.
---------------------------------------------------------------------------
    \5\ 48 U.S.C. 1921b.
---------------------------------------------------------------------------
    (b) Ejit.--
          (1) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that the 
        President of the United States shall negotiate with the 
        Government of the Marshall Islands an agreement 
        whereby, without prejudice as to any claims which have 
        been or may be asserted by any party as to rightful 
        title and ownership of any lands on Ejit, the 
        Government of the Marshall Islands shall assure that 
        lands on Ejit used as of January 1, 1985, by the people 
        of Bikini, will continue to be available without charge 
        for their use, until such time as Bikini is restored 
        and inhabitable and the continued use of Ejit is no 
        longer necessary, unless a Marshall Islands court of 
        competent jurisdiction finally determines that there 
        are legal impediments to continued use of Ejit by the 
        people of Bikini.
          (2) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that if the 
        impediments described in paragraph (1) do arise, the 
        United States will cooperate with the Government of the 
        Marshall Islands in assisting any person adversely 
        affected by such judicial determination to remain on 
        Ejit, or in locating suitable and acceptable 
        alternative lands for such person's use.
          (3) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that paragraph 
        (1) shall not be applied in a manner which would 
        prevent the Government of the Marshall Islands from 
        acting in accordance with its constitutional processes 
        to resolve title and ownership claims with respect to 
        such lands or from taking substitute or additional 
        measures to meet the needs of the people of Bikini with 
        their democratically expressed consent and approval.
    (c) Section 177 Agreement.--
          (1) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that in 
        furtherance of the purposes of Article I of the 
        Subsidiary Agreement for Implementation of Section 177 
        of the Compact, the payment of the amount specified 
        therein shall be made by the United States under 
        Article I of the Agreement between the Government of 
        the United States and the Government of the Marshall 
        Islands for the Implementation of section 177 of the 
        Compact (hereafter in this subsection referred to as 
        the ``Section 177 Agreement'') only after the 
        Government of the Marshall Islands has notified the 
        President of the United States as to which investment 
        management firm has been selected by such Government to 
        act as Fund Manager under Article I of the Section 177 
        Agreement.
          (2) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that in the event 
        that the President determines that an investment 
        management firm selected by the Government of the 
        Marshall Islands does not meet the requirements 
        specified in Article I of the Section 177 Agreement, 
        the United States shall invoke the conference and 
        dispute resolution procedures of Article II of Title 
        Four of the Compact. Pending the resolution of such a 
        dispute and until a qualified Fund Manager has been 
        designated, the Government of the Marshall Islands 
        shall place the funds paid by the United States 
        pursuant to Article I of the Section 177 Agreement into 
        an interest-bearing escrow account. Upon designation of 
        a qualified Fund Manager, all funds in the escrow 
        account shall be transferred to the control of such 
        Fund Manager for management pursuant to the Section 177 
        Agreement.
          (3) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that if the 
        Government of the Marshall Islands determines that some 
        other investment firm should act as Fund Manager in 
        place of the firm first (or subsequently) selected by 
        such Government, the Government of the Marshall Islands 
        shall so notify the President of the United States, 
        identifying the firm selected by such Government to 
        become Fund Manager, and the President shall proceed to 
        evaluate the qualifications of such identified firm.
          (4) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that at the end 
        of 15 years after the effective date of the Compact, 
        the firm then acting as Fund Manager shall transfer to 
        the Government of the Marshall Islands, or to such 
        account as such Government shall so notify the Fund 
        Manager, all remaining funds and assets being managed 
        by the Fund Manager under the Section 177 Agreement.
    (d) Nuclear Test Effects.--In the joint resolution of 
January 14, 1986 (Public Law 99-239) Congress provided that in 
approving the Compact, the Congress understands and intends 
that the peoples of Bikini, Enewetak, Rongelap, and Utrik, who 
were affected by the United States nuclear weapons testing 
program in the Marshall Islands, will receive the amounts of 
$75,000,000 (Bikini); $48,750,000 (Enewetak); $37,500,000 
(Rongelap); and $22,500,000 (Utrik), respectively, which 
amounts shall be paid out of proceeds from the fund established 
under Article I, section 1 of the subsidiary agreement for the 
implementation of section 177 of the Compact. The amounts 
specified in this subsection shall be in addition to any 
amounts which may be awarded to claimants pursuant to Article 
IV of the subsidiary agreement for the implementation of 
Section 177 of the Compact.
    (e) Espousal Provisions.--
          (1) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that it is the 
        intention of the Congress of the United States that the 
        provisions of section 177 of the Compact of Free 
        Association and the Agreement between the Government of 
        the United States and the Government of the Marshall 
        Islands for the Implementation of Section 177 of the 
        Compact (hereafter in this subsection referred to as 
        the ``Section 177 Agreement'') constitute a full and 
        final settlement of all claims described in Articles X 
        and XI of the Section 177 Agreement, and that any such 
        claims be terminated and barred except insofar as 
        provided for in the Section 177 Agreement.
          (2) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that in 
        furtherance of the intention of Congress as stated in 
        paragraph (1) of this subsection, the Section 177 
        Agreement is hereby ratified and approved. It is the 
        explicit understanding and intent of Congress that the 
        jurisdictional limitations set forth in Article XII of 
        such Agreement are enacted solely and exclusively to 
        accomplish the objective of Article X of such Agreement 
        and only as a clarification of the effect of Article X, 
        and are not to be construed or implemented separately 
        from Article X.
    (f) DOE Radiological Health Care Program; USDA Agricultural 
and Food Programs.--
          (1) Marshall islands program.--Notwithstanding any 
        other provision of law, upon the request of the 
        Government of the Republic of the Marshall Islands, the 
        President (either through an appropriate department or 
        agency of the United States or by contract with a 
        United States firm) shall continue to provide special 
        medical care and logistical support thereto for the 
        remaining members of the population of Rongelap and 
        Utrik who were exposed to radiation resulting from the 
        1954 United States thermo-nuclear ``Bravo'' test, 
        pursuant to Public Laws 95-134 and 96-205.
          (2) Agricultural and food programs.--
                  (A) In general.--In the joint resolution of 
                January 14, 1986 (Public Law 99-239) Congress 
                provided that notwithstanding any other 
                provision of law, upon the request of the 
                Government of the Marshall Islands, for the 
                first fifteen years after the effective date of 
                the Compact, the President (either through an 
                appropriate department or agency of the United 
                States or by contract with a United States firm 
                or by a grant to the Government of the Republic 
                of the Marshall Islands which may further 
                contract only with a United States firm or a 
                Republic of the Marshall Islands firm, the 
                owners, officers and majority of the employees 
                of which are citizens of the United States or 
                the Republic of the Marshall Islands) shall 
                provide technical and other assistance--
                          (i) without reimbursement, to 
                        continue the planting and agricultural 
                        maintenance program on Enewetak, as 
                        provided in subparagraph (C); and
                          (ii) without reimbursement, to 
                        continue the food programs of the 
                        Bikini and Enewetak people described in 
                        section 1(d) of Article II of the 
                        Subsidiary Agreement for the 
                        Implementation of Section 177 of the 
                        Compact and for continued waterborne 
                        transportation of agricultural products 
                        to Enewetak including operations and 
                        maintenance of the vessel used for such 
                        purposes.
                  (B) Population changes.--The President shall 
                ensure the assistance provided under these 
                programs reflects the changes in the population 
                since the inception of such programs.
                  (C) Planting and agricultural maintenance 
                program.--
                          (i) In general.--The planting and 
                        agricultural maintenance program on 
                        Enewetak shall be funded at a level of 
                        not less than $1,300,000 per year, as 
                        adjusted for inflation under section 
                        218 of the U.S.-RMI Compact.
                          (ii) Authorization and continuing 
                        appropriation.--There is hereby 
                        authorized and appropriated to the 
                        Secretary of the Interior, out of any 
                        funds in the Treasury not otherwise 
                        appropriated, to remain available until 
                        expended, for each fiscal year from 
                        2004 through 2023, $1,300,000, as 
                        adjusted for inflation under section 
                        218 of the U.S.-RMI Compact, for grants 
                        to carry out the planting and 
                        agricultural maintenance program.
          (3) Payments.--In the joint resolution of January 14, 
        1986 (Public Law 99-239) Congress provided that 
        payments under this subsection shall be provided to 
        such extent or in such amounts as are necessary for 
        services and other assistance provided pursuant to this 
        subsection. It is the sense of Congress that after the 
        periods of time specified in paragraphs (1) and (2) of 
        this subsection, consideration will be given to such 
        additional funding for these programs as may be 
        necessary.
    (g) Rongelap.--
          (1) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that because 
        Rongelap was directly affected by fallout from a 1954 
        United States thermonuclear test and because the 
        Rongelap people remain unconvinced that it is safe to 
        continue to live on Rongelap Island, it is the intent 
        of Congress to take such steps (if any) as may be 
        necessary to overcome the effects of such fallout on 
        the habitability of Rongelap Island, and to restore 
        Rongelap Island, if necessary, so that it can be safely 
        inhabited. Accordingly, it is the expectation of the 
        Congress that the Government of the Marshall Islands 
        shall use such portion of the funds specified in 
        Article II, section 1(e) of the subsidiary agreement 
        for the implementation of section 177 of the Compact as 
        are necessary for the purpose of contracting with a 
        qualified scientist or group of scientists to review 
        the data collected by the Department of Energy relating 
        to radiation levels and other conditions on Rongelap 
        Island resulting from the thermonuclear test. It is the 
        expectation of the Congress that the Government of the 
        Marshall Islands, after consultation with the people of 
        Rongelap, shall select the party to review such data, 
        and shall contract for such review and for submission 
        of a report to the President of the United States and 
        the Congress as to the results thereof.
          (2) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that the purpose 
        of the review referred to in paragraph (1) of this 
        subsection shall be to establish whether the data cited 
        in support of the conclusions as to the habitability of 
        Rongelap Island, as set forth in the Department of 
        Energy report entitled: ``The Meaning of Radiation for 
        Those Atolls in the Northern Part of the Marshall 
        Islands That Were Surveyed in 1978'', dated November 
        1982, are adequate and whether such conclusions are 
        fully supported by the data. If the party reviewing the 
        data concludes that such conclusions as to habitability 
        are fully supported by adequate data, the report to the 
        President of the United States and the Congress shall 
        so state. If the party reviewing the data concludes 
        that the data are inadequate to support such 
        conclusions as to habitability or that such conclusions 
        as to habitability are not fully supported by the data, 
        the Government of the Marshall Islands shall contract 
        with an appropriate scientist or group of scientists to 
        undertake a complete survey of radiation and other 
        effects of the nuclear testing program relating to the 
        habitability of Rongelap Island. Such sums as are 
        necessary for such survey and report concerning the 
        results thereof and as to steps needed to restore the 
        habitability of Rongelap Island are authorized to be 
        made available to the Government of the Marshall 
        Islands.
          (3) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that it is the 
        intent of Congress that such steps (if any) as are 
        necessary to restore the habitability of Rongelap 
        Island and return the Rongelap people to their homeland 
        will be taken by the United States in consultation with 
        the Government of the Marshall Islands and, in 
        accordance with its authority under the Constitution of 
        the Marshall Islands, the Rongelap local government 
        council.
          (4) There are hereby authorized and appropriated to 
        the Secretary of the Interior, out of any funds in the 
        Treasury not otherwise appropriated, to remain 
        available until expended, for fiscal year 2005, 
        $1,780,000; for fiscal year 2006, $1,760,000; and for 
        fiscal year 2007, $1,760,000, as the final 
        contributions of the United States to the Rongelap 
        Resettlement Trust Fund as established pursuant to 
        Public Law 102-154 (105 Stat. 1009), for the purposes 
        of establishing a food importation program as a part of 
        the overall resettlement program of Rongelap Island.
    (h) Four Atoll Health Care Program.--
          (1) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that services 
        provided by the United States Public Health Service or 
        any other United States agency pursuant to section 1(a) 
        of Article II of the Agreement for the Implementation 
        of Section 177 of the Compact (hereafter in this 
        subsection referred to as the ``Section 177 
        Agreement'') shall be only for services to the people 
        of the Atolls of Bikini, Enewetak, Rongelap, and Utrik 
        who were affected by the consequences of the United 
        States nuclear testing program, pursuant to the program 
        described in Public Law 95-134 (91 Stat. 1159) and 
        Public Law 96-205 (94 Stat. 84) and their descendants 
        (and any other persons identified as having been so 
        affected if such identification occurs in the manner 
        described in such public laws). Nothing in this 
        subsection shall be construed as prejudicial to the 
        views or policies of the Government of the Marshall 
        Islands as to the persons affected by the consequences 
        of the United States nuclear testing program.
          (2) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that at the end 
        of the first year after the effective date of the 
        Compact and at the end of each year thereafter, the 
        providing agency or agencies shall return to the 
        Government of the Marshall Islands any unexpended funds 
        to be returned to the Fund Manager (as described in 
        Article I of the Section 177 Agreement) to be covered 
        into the Fund to be available for future use.
          (3) In the joint resolution of January 14, 1986 
        (Public Law 99-239) Congress provided that the Fund 
        Manager shall retain the funds returned by the 
        Government of the Marshall Islands pursuant to 
        paragraph (2) of this subsection, shall invest and 
        manage such funds, and at the end of 15 years after the 
        effective date of the Compact, shall make from the 
        total amount so retained and the proceeds thereof 
        annual disbursements sufficient to continue to make 
        payments for the provision of health services as 
        specified in paragraph (1) of this subsection to such 
        extent as may be provided in contracts between the 
        Government of the Marshall Islands and appropriate 
        United States providers of such health services.
    (i) Enjebi Community Trust Fund.--In the joint resolution 
of January 14, 1986 (Public Law 99-239) Congress provided that 
notwithstanding any other provision of law, the Secretary of 
the Treasury shall establish on the books of the Treasury of 
the United States a fund having the status specified in Article 
V of the subsidiary agreement for the implementation of Section 
177 of the Compact, to be known as the ``Enjebi Community Trust 
Fund'' (hereafter in this subsection referred to as the 
``Fund''), and shall credit to the Fund the amount of 
$7,500,000. Such amount, which shall be ex gratia, shall be in 
addition to and not charged against any other funds provided 
for in the Compact and its subsidiary agreements, this joint 
resolution, or any other Act. Upon receipt by the President of 
the United States of the agreement described in this 
subsection, the Secretary of the Treasury, upon request of the 
Government of the Marshall Islands, shall transfer the Fund to 
the Government of the Marshall Islands, provided that the 
Government of the Marshall Islands agrees as follows:
          (1) Enjebi trust agreement.--In the joint resolution 
        of January 14, 1986 (Public Law 99-239) Congress 
        provided that the Government of the Marshall Islands 
        and the Enewetak Local Government Council, in 
        consultation with the people of Enjebi, shall provide 
        for the creation of the Enjebi Community Trust Fund and 
        the employment of the manager of the Enewetak Fund 
        established pursuant to the Section 177 Agreement as 
        trustee and manager of the Enjebi Community Trust Fund, 
        or, should the manager of the Enewetak Fund not be 
        acceptable to the people of Enjebi, another United 
        States investment manager with substantial experience 
        in the administration of trusts and with funds under 
        management in excess of $250,000,000.
          (2) Monitor conditions.--In the joint resolution of 
        January 14, 1986 (Public Law 99-239) Congress provided 
        that upon the request of the Government of the Marshall 
        Islands, the United States shall monitor the radiation 
        and other conditions on Enjebi and within one year of 
        receiving such a request shall report to the Government 
        of the Marshall Islands when the people of Enjebi may 
        resettle Enjebi under circumstances where the 
        radioactive contamination at Enjebi, including 
        contamination derived from consumption of locally grown 
        food products, can be reduced or otherwise controlled 
        to meet whole body Federal radiation protection 
        standards for the general population, including mean 
        annual dose and mean 30-year cumulative dose standards.
          (3) Resettlement of enjebi.--In the joint resolution 
        of January 14, 1986 (Public Law 99-239) Congress 
        provided that in the event that the United States 
        determines that the people of Enjebi can within 25 
        years of January 14, 1986, resettle Enjebi under the 
        conditions set forth in paragraph (2) of this 
        subsection, then upon such determination there shall be 
        available to the people of Enjebi from the Fund such 
        amounts as are necessary for the people of Enjebi to do 
        the following, in accordance with a plan developed by 
        the Enewetak Local Government Council and the people of 
        Enjebi, and concurred with by the Government of the 
        Marshall Islands to assure consistency with the 
        government's overall economic development plan:
                  (A) Establish a community on Enjebi Island 
                for the use of the people of Enjebi.
                  (B) Replant Enjebi with appropriate food-
                bearing and other vegetation.
          (4) Resettlement of other location.--In the joint 
        resolution of January 14, 1986 (Public Law 99-239) 
        Congress provided that in the event that the United 
        States determines that within 25 years of January 14, 
        1986, the people of Enjebi cannot resettle Enjebi 
        without exceeding the radiation standards set forth in 
        paragraph (2) of this subsection, then the fund manager 
        shall be directed by the trust instrument to distribute 
        the Fund to the people of Enjebi for their resettlement 
        at some other location in accordance with a plan, 
        developed by the Enewetak Local Government Council and 
        the people of Enjebi and concurred with by the 
        Government of the Marshall Islands, to assure 
        consistency with the government's overall economic 
        development plan.
          (5) Interest from fund.--In the joint resolution of 
        January 14, 1986 (Public Law 99-239) Congress provided 
        that prior to and during the distribution of the corpus 
        of the Fund pursuant to paragraphs (3) and (4) of this 
        subsection, the people of Enjebi may, if they so 
        request, receive the interest earned by the Fund on no 
        less frequent a basis than quarterly.
          (6) Disclaimer of liability.--In the joint resolution 
        of January 14, 1986 (Public Law 99-239) Congress 
        provided that neither under the laws of the Marshall 
        Islands nor under the laws of the United States, shall 
        the Government of the United States be liable for any 
        loss or damage to person or property in respect to the 
        resettlement of Enjebi by the people of Enjebi, 
        pursuant to the provision of this subsection or 
        otherwise.
    (j) Bikini Atoll Cleanup.--
          (1) Declaration of policy.--In the joint resolution 
        of January 14, 1986 (Public Law 99-239), the Congress 
        determined and declared that it is the policy of the 
        United States, to be supported by the full faith and 
        credit of the United States, that because the United 
        States, through its nuclear testing and other 
        activities, rendered Bikini Atoll unsafe for habitation 
        by the people of Bikini, the United States will fulfill 
        its responsibility for restoring Bikini Atoll to 
        habitability, as set forth in paragraph (2) and (3) of 
        this subsection.
          (2) Cleanup funds.--The joint resolution of January 
        14, 1986 (Public Law 99-239) authorized to be 
        appropriated such sums as necessary to implement the 
        settlement agreement of March 15, 1985, in The People 
        of Bikini, et al. against United States of America, et 
        al., Civ. No. 84-0425 (D. Ha.).
          (3) Conditions of funding.--In the joint resolution 
        of January 14, 1986 (Public Law 99-239) the Congress 
        provided that the funds referred to in paragraph (2) 
        were to be made available pursuant to Article VI, 
        Section 1 of the Compact Section 177 Agreement upon 
        completion of the events set forth in the settlement 
        agreement referred to in paragraph (2) of this 
        subsection.
    (k) Agreement on Audits.--The Comptroller General (and his 
duly authorized representatives) shall have the authorities 
necessary to carry out his responsibilities under section 232 
of the U.S.-RMI Compact and the agreement referred to in 
section 462(b)(4) of the U.S.-RMI Compact, including the 
following authorities:
          (1) General authority of the comptroller general to 
        audit.--
                  (A) The Comptroller General of the United 
                States (and his duly authorized 
                representatives) shall have the authority to 
                audit--
                          (i) all grants, program assistance, 
                        and other assistance provided to the 
                        Government of the Republic of the 
                        Marshall Islands under Articles I and 
                        II of Title Two of the U.S.-RMI 
                        Compact; and
                          (ii) any other assistance provided by 
                        the Government of the United States to 
                        the Government of the Republic of the 
                        Marshall Islands. Such authority shall 
                        include authority for the Comptroller 
                        General to conduct or cause to be 
                        conducted any of the audits provided 
                        for in section 232 of the U.S.-RMI 
                        Compact. The authority provided in this 
                        paragraph shall continue for at least 
                        three years after the last such grant 
                        has been made or assistance has been 
                        provided.
                  (B) The Comptroller General (and his duly 
                authorized representatives) shall also have 
                authority to review any audit conducted by or 
                on behalf of the Government of the United 
                States. In this connection, the Comptroller 
                General shall have access to such personnel and 
                to such records, documents, working papers, 
                automated data and files, and other information 
                relevant to such review.
          (2) Comptroller general access to records.--
                  (A) In carrying out paragraph (1), the 
                Comptroller General (and his duly authorized 
                representatives) shall have such access to the 
                personnel and (without cost) to records, 
                documents, working papers, automated data and 
                files, and other information relevant to such 
                audits. The Comptroller General may duplicate 
                any such records, documents, working papers, 
                automated data and files, or other information 
                relevant to such audits.
                  (B) Such records, documents, working papers, 
                automated data and files, and other information 
                regarding each such grant or other assistance 
                shall be maintained for at least five years 
                after the date such grant or assistance was 
                provided and in a manner that permits such 
                grants, assistance and payments to be accounted 
                for distinct from any other funds of the 
                Government of the Republic of the Marshall 
                Islands.
          (3) Status of comptroller general representatives.--
        The Comptroller General and his duly authorized 
        representatives shall be immune from civil and criminal 
        process relating to words spoken or written and all 
        acts performed by them in their official capacity and 
        falling within their functions, except insofar as such 
        immunity may be expressly waived by the Government of 
        the United States. The Comptroller General and his duly 
        authorized representatives shall not be liable to 
        arrest or detention pending trial, except in the case 
        of a grave crime and pursuant to a decision by a 
        competent judicial authority, and such persons shall 
        enjoy immunity from seizure of personal property, 
        immigration restrictions, and laws relating to alien 
        registration, fingerprinting, and the registration of 
        foreign agents. Such persons shall enjoy the same 
        taxation exemptions as are set forth in Article 34 of 
        the Vienna Convention on Diplomatic Relations. The 
        privileges, exemptions and immunities accorded under 
        this paragraph are not for the personal benefit of the 
        individuals concerned but are to safeguard the 
        independent exercise of their official functions. 
        Without prejudice to those privileges, exemptions and 
        immunities, it is the duty of all such persons to 
        respect the laws and regulations of the Government of 
        the Republic of the Marshall Islands.
          (4) Audits defined.--As used in this subsection, the 
        term ``audits'' includes financial, program, and 
        management audits, including determining--
                  (A) whether the Government of the Republic of 
                the Marshall Islands has met the requirements 
                set forth in the U.S.-RMI Compact, or any 
                related agreement entered into under the U.S.-
                RMI Compact, regarding the purposes for which 
                such grants and other assistance are to be 
                used; and
                  (B) the propriety of the financial 
                transactions of the Government of the Republic 
                of the Marshall Islands pursuant to such grants 
                or assistance.
          (5) Cooperation by the republic of the marshall 
        islands.--The Government of the Republic of the 
        Marshall Islands will cooperate fully with the 
        Comptroller General of the United States in the conduct 
        of such audits as the Comptroller General determines 
        necessary to enable the Comptroller General to fully 
        discharge his responsibilities under this joint 
        resolution.
    (l) Kwajalein.--
          (1) Statement of policy.--It is the policy of the 
        United States that payment of funds by the Government 
        of the Marshall Islands to the landowners of Kwajalein 
        Atoll in accordance with the land use agreement dated 
        October 19, 1982, or as amended or superseded, and any 
        related allocation agreements, is required in order to 
        ensure that the Government of the United States will be 
        able to fulfill its obligation and responsibilities 
        under Title Three of the U.S.-RMI Compact and the 
        subsidiary agreements concluded pursuant to the U.S.-
        RMI Compact.
          (2) Failure to pay.--
                  (A) In general.--If the Government of the 
                Marshall Islands fails to make payments in 
                accordance with paragraph (1), the Government 
                of the United States shall initiate procedures 
                under section 313 of the U.S.-RMI Compact and 
                consult with the Government of the Marshall 
                Islands with respect to the basis for the 
                nonpayment of funds.
                  (B) Resolution.--The United States shall 
                expeditiously resolve the matter of any 
                nonpayment of funds required under paragraph 
                (1) pursuant to section 313 of the U.S.-RMI 
                Compact and the authority and responsibility of 
                the Government of the United States for 
                security and defense matters in or relating to 
                the Marshall Islands. This paragraph shall be 
                enforced, as may be necessary, in accordance 
                with section 105(e).
          (3) Disposition of increased payments pending new 
        land use agreement.--Until such time as the Government 
        of the Marshall Islands and the landowners of Kwajalein 
        Atoll have concluded an agreement amending or 
        superseding the land use agreement reflecting the terms 
        of and consistent with the Military Use Operating 
        Rights Agreement dated October 19, 1982, any amounts 
        paid by the United States to the Government of the 
        Marshall Islands in excess of the amounts required to 
        be paid pursuant to the land use agreement dated 
        October 19, 1982, shall be paid into, and held in, an 
        interest bearing escrow account in a United States 
        financial institution by the Government of the Republic 
        of the Marshall Islands. At such time, the funds and 
        interest held in escrow shall be paid to the landowners 
        of Kwajalein in accordance with the new land use 
        agreement. If no such agreement is concluded by the 
        date which is five years after the date of enactment of 
        this resolution, then such funds and interest shall, 
        unless otherwise mutually agreed between the Government 
        of the United States of America and the Government of 
        the Republic of the Marshall Islands, be returned to 
        the U.S. Treasury.
          (4) Notifications and report.--
                  (A) The Government of the Republic of the 
                Marshall Islands shall notify the Government of 
                the United States of America when an agreement 
                amending or superseding the land use agreement 
                dated October 19, 1982, is concluded.
                  (B) If no agreement amending or superseding 
                the land use agreement dated October 19, 1982 
                is concluded by the date five years after the 
                date of enactment of this resolution, then the 
                President shall report to Congress on the 
                intentions of the United States with respect to 
                the use of Kwajalein Atoll after 2016, on any 
                plans to relocate activities carried out on 
                Kwajalein Atoll, and on the disposition of the 
                funds and interest held in escrow under 
                paragraph (3).
          (5) Assistance.--The President is authorized to make 
        loans and grants to the Government of the Marshall 
        Islands to address the special needs of the community 
        at Ebeye, Kwajalein Atoll, and other Marshallese 
        communities within the Kwajalein Atoll, pursuant to 
        development plans adopted in accordance with applicable 
        laws of the Marshall Islands. The loans and grants 
        shall be subject to such other terms and conditions as 
        the President, in the discretion of the President, may 
        determine are appropriate.

SEC. 104.\6\ INTERPRETATION OF AND UNITED STATES POLICY REGARDING U.S.-
                    FSM COMPACT AND U.S.-RMI COMPACT.

    (a) Human Rights.--In approving the U.S.-FSM Compact and 
the U.S.-RMI Compact, Congress notes the conclusion in the 
Statement of Intent of the Report of The Future Political 
Status Commission of the Congress of Micronesia in July, 1969, 
that ``our recommendation of a free associated state is 
indissolubly linked to our desire for such a democratic, 
representative, constitutional government'' and notes that such 
desire and intention are reaffirmed and embodied in the 
Constitutions of the Federated States of Micronesia and the 
Republic of the Marshall Islands. Congress also notes and 
specifically endorses the preamble to the U.S.-FSM Compact and 
the U.S.-RMI Compact, which affirms that the governments of the 
parties to the U.S.-FSM Compact and the U.S.-RMI Compact are 
founded upon respect for human rights and fundamental freedoms 
for all. The Secretary of State shall include in the annual 
reports on the status of internationally recognized human 
rights in foreign countries, which are submitted to Congress 
pursuant to sections 116 and 502B of the Foreign Assistance Act 
of 1961, ``22 U.S.C. 2151n, 2304'' a full and complete report 
regarding the status of internationally recognized human rights 
in the Federated States of Micronesia and the Republic of the 
Marshall Islands.
---------------------------------------------------------------------------
    \6\ 48 U.S.C. 1921c.
---------------------------------------------------------------------------
    (b) Immigration and Passport Security.--
          (1) Naturalized citizens.--The rights of a bona fide 
        naturalized citizen of the Federated States of 
        Micronesia or the Republic of the Marshall Islands to 
        enter the United States, to lawfully engage therein in 
        occupations, and to establish residence therein as a 
        nonimmigrant, to the extent such rights are provided 
        under section 141 of the U.S.-FSM Compact and U.S.-RMI 
        Compact, shall not be deemed to extend to any such 
        naturalized citizen with respect to whom circumstances 
        associated with the acquisition of the status of a 
        naturalized citizen are such as to allow a reasonable 
        inference, on the part of appropriate officials of the 
        United States and subject to United States procedural 
        requirements, that such naturalized status was acquired 
        primarily in order to obtain such rights.
          (2) Passports.--It is the sense of Congress that up 
        to $250,000 of the grant assistance provided to the 
        Federated States of Micronesia pursuant to section 
        211(a)(4) of the U.S.-FSM Compact, and up to $250,000 
        of the grant assistance provided to the Republic of the 
        Marshall Islands pursuant to section 211(a)(4) of the 
        U.S.-RMI Compact (or a greater amount of the section 
        211(a)(4) grant, if mutually agreed between the 
        Government of the United States and the government of 
        the Federated States of Micronesia or the government of 
        the Republic of the Marshall Islands), be used for the 
        purpose of increasing the machine-readability and 
        security of passports issued by such jurisdictions. It 
        is further the sense of Congress that such funds be 
        obligated by September 30, 2004 and in the amount and 
        manner specified by the Secretary of State in 
        consultation with the Secretary of Homeland Security 
        and, respectively, with the government of the Federated 
        States of Micronesia and the government of the Republic 
        of the Marshall Islands. The United States Government 
        is authorized to require that passports used for the 
        purpose of seeking admission under section 141 of the 
        U.S.-FSM Compact and the U.S.-RMI Compact contain the 
        security enhancements funded by such assistance.
          (3) Information-sharing.--It is the sense of Congress 
        that the governments of the Federated States of 
        Micronesia and the Republic of the Marshall Islands 
        develop, prior to October 1, 2004, the capability to 
        provide reliable and timely information as may 
        reasonably be required by the Government of the United 
        States in enforcing criminal and security-related 
        grounds of inadmissibility and deportability under the 
        Immigration and Nationality Act, as amended, and shall 
        provide such information to the Government of the 
        United States.
          (4) Transition; construction of sections 141(a)(3) 
        and 141(a)(4) of the U.S.-FSM compact and U.S.-RMI 
        compact.--The words ``the effective date of this 
        Compact, as amended'' in sections 141(a)(3) and 
        141(a)(4) of the U.S.-FSM Compact and the U.S.-RMI 
        Compact shall be construed to read, ``on the day prior 
        to the enactment by the United States Congress of the 
        Compact of Free Association Amendments Act of 2003.''.
    (c) Nonalienation of Lands.--Congress endorses and 
encourages the maintenance of the policies of the Government of 
the Federated States of Micronesia and the Government of the 
Republic of the Marshall Islands to regulate, in accordance 
with their Constitutions and laws, the alienation of permanent 
interests in real property so as to restrict the acquisition of 
such interests to persons of Federated States of Micronesia 
citizenship and the Republic of the Marshall Islands 
citizenship, respectively.
    (d) Nuclear Waste Disposal.--In approving the U.S.-FSM 
Compact and the U.S.-RMI Compact, Congress understands that the 
Government of the Federated States of Micronesia and the 
Government of the Republic of the Marshall Islands will not 
permit any other government or any nongovernmental party to 
conduct, in the Republic of the Marshall Islands or in the 
Federated States of Micronesia, any of the activities specified 
in subsection (a) of section 314 of the U.S.-FSM Compact and 
the U.S.-RMI Compact.
    (e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact 
on the State of Hawaii, Guam, the Commonwealth of the Northern 
Mariana Islands and American Samoa; Related Authorization and 
Continuing Appropriation.--
          (1) Statement of congressional intent.--In 
        reauthorizing the U.S.-FSM Compact and the U.S.-RMI 
        Compact, it is not the intent of Congress to cause any 
        adverse consequences for an affected jurisdiction.
          (2) Definitions.--For the purposes of this title--
                  (A) the term ``affected jurisdiction'' means 
                American Samoa, Guam, the Commonwealth of the 
                Northern Mariana Islands, or the State of 
                Hawaii; and
                  (B) the term ``qualified nonimmigrant'' means 
                a person, or their children under the age of 
                18, admitted or resident pursuant to section 
                141 of the U.S.-RMI or U.S.-FSM Compact, or 
                section 141 of the Palau Compact who, as of a 
                date referenced in the most recently published 
                enumeration is a resident of an affected 
                jurisdiction. As used in this subsection, the 
                term ``resident'' shall be a person who has a 
                ``residence,'' as that term is defined in 
                section 101(a)(33) of the Immigration and 
                Nationality Act, as amended.
          (3) Authorization and continuing appropriation.--
        There is hereby authorized and appropriated tothe 
        Secretary of the Interior, out of any funds in the 
        Treasury not otherwise appropriated, to remain 
        available until expended, for each fiscal year from 
        2004 through 2023, $30,000,000 for grants to affected 
        jurisdictions to aid in defraying costs incurred by 
        affected jurisdictions as a result of increased demands 
        placed on health, educational, social, or public safety 
        services or infrastructure related to such services due 
        to the residence in affected jurisdictions of qualified 
        nonimmigrants from the Republic of the Marshall 
        Islands, the Federated States of Micronesia, or the 
        Republic of Palau. The grants shall be--
                  (A) awarded and administered by the 
                Department of the Interior, Office of Insular 
                Affairs, or any successor thereto, in 
                accordance with regulations, policies and 
                procedures applicable to grants so awarded and 
                administered; and
                  (B) used only for health, educational, 
                social, or public safety services, or 
                infrastructure related to such services, 
                specifically affected by qualified 
                nonimmigrants.
          (4) Enumeration.--The Secretary of the Interior shall 
        conduct periodic enumerations of qualified 
        nonimmigrants in each affected jurisdiction. The 
        enumerations--
                  (A) shall be conducted at such intervals as 
                the Secretary of the Interior shall determine, 
                but no less frequently than every five years, 
                beginning in fiscal year 2003;
                  (B) shall be supervised by the United States 
                Bureau of the Census or such other organization 
                as the Secretary of the Interior may select; 
                and
                  (C) after fiscal year 2003, shall be funded 
                by the Secretary of the Interior by deducting 
                such sums as are necessary, but not to exceed 
                $300,000 as adjusted for inflation pursuant to 
                section 217 of the U.S.-FSM Compact with fiscal 
                year 2003 as the base year, per enumeration, 
                from funds appropriated pursuant to the 
                authorization contained in paragraph (3) of 
                this subsection.
          (5) Allocation.--The Secretary of the Interior shall 
        allocate to the government of each affected 
        jurisdiction, on the basis of the results of the most 
        recent enumeration, grants in an aggregate amount equal 
        to the total amount of funds appropriated under 
        paragraph (3) of this subsection, as reduced by any 
        deductions authorized by subparagraph (C) of paragraph 
        (4) of this subsection, multiplied by a ratio derived 
        by dividing the number of qualified nonimmigrants in 
        such affected jurisdiction by the total number of 
        qualified nonimmigrants in all affected jurisdictions.
          (6) Authorization for health care reimbursement.--
        There are hereby authorized to be appropriated to the 
        Secretary of the Interior such sums as may be necessary 
        to reimburse health care institutions in the affected 
        jurisdictions for costs resulting from the migration of 
        citizens of the Republic of the Marshall Islands, the 
        Federated States of Micronesia and the Republic of 
        Palau to the affected jurisdictions as a result of the 
        implementation of the Compact of Free Association, 
        approved by Public Law 99-239, or the approval of the 
        U.S.-FSM Compact and the U.S.-RMI Compact by this 
        resolution.
          (7) Use of dod medical facilities and national health 
        service corps.--
                  (A) DOD medical facilities.--The Secretary of 
                Defense shall make available, on a space 
                available and reimbursable basis, the medical 
                facilities of the Department of Defense for use 
                by citizens of the Federated States of 
                Micronesia and the Republic of the Marshall 
                Islands who are properly referred to the 
                facilities by government authorities 
                responsible for provision of medical services 
                in the Federated States of Micronesia, the 
                Republic of the Marshall Islands, the Republic 
                of Palau and the affected jurisdictions.
                  (B) National health service corps.--The 
                Secretary of Health and Human Services shall 
                continue to make the services of the National 
                Health Service Corps availableto the residents 
                of the Federated States of Micronesia and the 
                Republic of the Marshall Islands to the same 
                extent and for so long as such services are 
                authorized to be provided to persons residing 
                in any other areas within or outside the United 
                States.
                  (C) Authorization of appropriations.--There 
                are authorized to be appropriated to carry out 
                this paragraph such sums as are necessary for 
                each fiscal year.
          (8) Reporting requirement.--Not later than one year 
        after the date of enactment of this joint resolution, 
        and at one year intervals thereafter, the Governors of 
        Guam, the State of Hawaii, the Commonwealth of the 
        Northern Mariana Islands, and American Samoa may 
        provide to the Secretary of the Interior by February 1 
        of each year their comments with respect to the impacts 
        of the Compacts on their respective jurisdiction. The 
        Secretary of the Interior, upon receipt of any such 
        comments, shall report to the Congress not later than 
        May 1 of each year to include the following:
                  (A) The Governor's comments on the impacts of 
                the Compacts as well as the Administration's 
                analysis of such impact.
                  (B) The Administration views on any 
                recommendations for corrective action to 
                eliminate those consequences as proposed by 
                such Governors.
                  (C) With regard to immigration, statistics 
                concerning the number of persons availing 
                themselves of the rights described in section 
                141(a) of the Compact during the year covered 
                by each report.
                  (D) With regard to trade, an analysis of the 
                impact on the economy of American Samoa 
                resulting from imports of canned tuna into the 
                United States from the Federated States of 
                Micronesia, and the Republic of the Marshall 
                Islands.
          (9) Reconciliation of unreimbursed impact expenses.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the President, to address 
                previously accrued and unreimbursed impact 
                expenses, may at the request of the Governor of 
                Guam or the Governor of the Commonwealth of the 
                Northern Mariana Islands, reduce, release, or 
                waive all or part of any amounts owed by the 
                Government of Guam or the Government of the 
                Commonwealth of the Northern Mariana Islands 
                (or either government's autonomous agencies or 
                instrumentalities), respectively, to any 
                department, agency, independent agency, office, 
                or instrumentality of the United States.
                  (B) Terms and conditions.--
                          (i) Substantiation of impact costs.--
                        Not later than 120 days after the date 
                        of the enactment of this resolution, 
                        the Governor of Guam and the Governor 
                        of the Commonwealth of the Northern 
                        Mariana Islands shall each submit to 
                        the Secretary of the Interior a report, 
                        prepared in consultation with an 
                        independent accounting firm, 
                        substantiating unreimbursed impact 
                        expenses claimed for the period from 
                        January 14, 1986, through September 30, 
                        2003. Upon request of the Secretary of 
                        the Interior, the Governor of Guam and 
                        the Governor of the Commonwealth of the 
                        Northern Mariana Islands shall submit 
                        to the Secretary of the Interior copies 
                        of all documents upon which the report 
                        submitted by that Governor under this 
                        clause was based.
                          (ii) Congressional notification.--The 
                        President shall notify Congress of his 
                        intent to exercise the authority 
                        granted in subparagraph (A).
                          (iii) Congressional review and 
                        comment.--Any reduction, release, or 
                        waiver under this Act shall not take 
                        effect until 60 days after the 
                        President notifies Congress of his 
                        intent to approve a request of the 
                        Governor of Guam or the Governor of the 
                        Commonwealth of the Northern Mariana 
                        Islands. In exercising his authority 
                        under this section and in determining 
                        whether to give final approval to a 
                        request, the President shall take into 
                        consideration comments he may receive 
                        after Congressional review.
                          (iv) Expiration.--The authority 
                        granted in subparagraph (A) shall 
                        expire on February 28, 2005.
          (10) Authorization of appropriations for grants.--
        There are hereby authorized to the Secretary of the 
        Interior for each of fiscal years 2004 through 2023 
        such sums as may be necessary for grants to the 
        governments of Guam, the State of Hawaii, the 
        Commonwealth of the Northern Mariana Islands, and 
        American Samoa, as a result of increased demands placed 
        on educational, social, or public safety services or 
        infrastructure related to service due to the presence 
        in Guam, Hawaii, the Commonwealth of the Northern 
        Mariana Islands, and American Samoa of qualified 
        nonimmigrants from the Federated States of Micronesia, 
        the Republic of the Marshall Islands, and the Republic 
        of Palau.
    (f) Foreign Loans.--Congress hereby reaffirms the United 
States position that the United States Government is not 
responsible for foreign loans or debt obtained by the 
Governments of the Federated States of Micronesia and the 
Republic of the Marshall Islands.
    (g) Sense of Congress Concerning Funding of Public 
Infrastructure.--It is the sense of Congress that not less than 
30 percent of the United States annual grant assistance 
provided under section 211 of the Compact of Free Association, 
as amended, between the Government of the United States of 
America and the Government of the Federated States of 
Micronesia, and not less than 30 percent of the total amount of 
section 211 funds allocated to each of the States of the 
Federated States of Micronesia, shall be invested in 
infrastructure improvements and maintenance in accordance with 
section 211(a)(6). It is further the sense of Congress that not 
less than 30 percent of the United States annual grant 
assistance provided under section 211 of the Compact of Free 
Association, as amended, between the Government of the United 
States of America and the Government of the Republic of the 
Marshall Islands, shall be invested in infrastructure 
improvements and maintenance in accordance with section 211(d).
    (h) Reports and Reviews.--
          (1) Report by the president.--Not later than the end 
        of the first full calendar year following enactment of 
        this resolution, and not later than December 31 of each 
        year thereafter, the President shall report to Congress 
        regarding the Federated States of Micronesia and the 
        Republic of the Marshall Islands, including but not 
        limited to--
                  (A) general social, political, and economic 
                conditions, including estimates of economic 
                growth, per capita income, and migration rates;
                  (B) the use and effectiveness of United 
                States financial, program, and technical 
                assistance;
                  (C) the status of economic policy reforms 
                including but not limited to progress toward 
                establishing self-sufficient tax rates;
                  (D) the status of the efforts to increase 
                investment including: the rate of 
                infrastructure investment of U.S. financial 
                assistance under the U.S.-FSM Compact and the 
                U.S.-RMI Compact; non-U.S. contributions to the 
                trust funds, and the level of private 
                investment; and
                  (E) recommendations on ways to increase the 
                effectiveness of United States assistance and 
                to meet overall economic performance 
                objectives, including, if appropriate, 
                recommendations to Congress to adjust the 
                inflation rate or to adjust the contributions 
                to the Trust Funds based on non-U.S. 
                contributions.
          (2) Review.--During the year of the fifth, tenth, and 
        fifteenth anniversaries of the date of enactment of 
        this resolution, the Government of the United States 
        shall review the terms of the respective Compacts and 
        consider the overall nature and development of the 
        U.S.-FSM and U.S.-RMI relationships including the 
        topics set forth in subparagraphs (A) through (E) of 
        paragraph (1). In conducting the reviews, the 
        Government of the United States shall consider the 
        operating requirements of the Government of the 
        Federated States of Micronesia and the Government of 
        the Republic of the Marshall Islands and their progress 
        in meeting the development objectives set forth in 
        their respective development plans. The President shall 
        include in the annual reports to Congress for the years 
        following the reviews the comments of the Government of 
        the Federated States of Micronesia and the Government 
        of the Republic of the Marshall Islands on the topics 
        described in this paragraph, the President's response 
        to the comments, the findings resulting from the 
        reviews, and any recommendations for actions to respond 
        to such findings.
          (3) By the comptroller general.--Not later than the 
        date that is three years after the date of enactment of 
        this joint resolution, and every 5 years thereafter, 
        the Comptroller General of the United States shall 
        submit to Congress a report on the Federated States of 
        Micronesia and the Republic of the Marshall Islands 
        including the topics set forth in paragraphs (1) (A) 
        through (E) above, and on the effectiveness of 
        administrative oversight by the United States.
    (i) Construction of Section 141(f).--Section 141(f)(2) of 
the Compact of Free Association, as amended, between the 
Government of the United States of America and the Government 
of the Federated States of Micronesia and of the Compact of 
Free Association, as amended, between the Government of the 
United States of America and the Government of the Republic of 
the Marshall Islands, shall be construed as though, after ``may 
by regulations prescribe'', there were included the following: 
``, except that any such regulations that would have a 
significant effect on the admission, stay and employment 
privileges provided under this section shall not become 
effective until 90 days after the date of transmission of the 
regulations to the Committee on Energy and Natural Resources 
and the Committee on the Judiciary of the Senate and the 
Committee on Resources, the Committee on International 
Relations, and the Committee on the Judiciary of the House of 
Representatives''.
    (j) Inflation Adjustment.--As of Fiscal Year 2015, if the 
United States Gross Domestic Product Implicit Price Deflator 
average for Fiscal Years 2009 through 2013 is greater than 
United States Gross Domestic Product Implicit Price Deflator 
average for Fiscal Years 2004 through 2008 (as reported in the 
Survey of Current Business or subsequent publication and 
compiled by the Department of Interior), then section 217 of 
the U.S.-FSM Compact, paragraph 5 of Article II of the U.S.-FSM 
Fiscal Procedures Agreement, section 218 of the U.S.-RMI 
Compact, and paragraph 5 of Article II of the U.S.-RMI Fiscal 
Procedures Agreement shall be construed as if ``the full'' 
appeared in place of ``two-thirds of the'' each place those 
words appear. If an inflation adjustment is made under this 
subsection, the base year for calculating the inflation 
adjustment shall be fiscal year 2014.
    (k) Participation by Secondary Schools in the Armed 
Services Vocational Aptitude Battery (ASVAB) Student Testing 
Program.--In furtherance of the provisions of Title Three, 
Article IV, Section 341 of the U.S.-FSM and the U.S.-RMI 
Compacts, the purpose of which is to establish the privilege to 
volunteer for service in the U.S. Armed Forces, it is the sense 
of Congress that, to facilitate eligibility of FSM and RMI 
secondary school students to qualify for such service, the 
Department of Defense may extend the Armed Services Vocational 
Aptitude Battery (ASVAB) Student Testing Program (STP) and the 
ASVAB Career Exploration Program to selected secondary Schools 
in the FSM and the RMI to the extent such programs are 
available to Department of Defense Dependent Schools located in 
foreign jurisdictions.

SEC. 105.\7\ SUPPLEMENTAL PROVISIONS.

    (a) Domestic Program Requirements.--Except as may otherwise 
be provided in this joint resolution, all United States Federal 
programs and services extended to or operated in the Federated 
States of Micronesia or the Republic of the Marshall Islands 
are and shall remain subject to all applicable criteria, 
standards, reporting requirements, auditing procedures, and 
other rules and regulations applicable to such programs when 
operating in the United States (including its territories and 
commonwealths).
---------------------------------------------------------------------------
    \7\ 48 U.S.C. 1921d.
---------------------------------------------------------------------------
    (b) Relations With the Federated States of Micronesia and 
the Republic of the Marshall Islands.--
          (1) Appropriations made pursuant to Article I of 
        Title Two and subsection (a)(2) of section 221 of 
        article II of Title Two of the U.S.-FSM Compact and the 
        U.S.-RMI Compact shall be made to the Secretary of the 
        Interior, who shall have the authority necessary to 
        fulfill his responsibilities for monitoring and 
        managing the funds so appropriated consistent with the 
        U.S.-FSM Compact and the U.S.-RMI Compact, including 
        the agreements referred to in section 462(b)(4) of the 
        U.S.-FSM Compact and U.S.-RMI Compact (relating to 
        Fiscal Procedures) and the agreements referred to in 
        section 462(b)(5) of the U.S.-FSM Compact and the U.S.-
        RMI Compact (regarding the Trust Fund).
          (2) Appropriations made pursuant to subsections 
        (a)(1) and (a)(3) through (6) of section 221 of Article 
        II of Title Two of the U.S.-FSM Compact and subsection 
        (a)(1) and (a)(3) through (5) of the U.S.-RMI Compact 
        shall be made directly to the agencies named in those 
        subsections.
          (3) Appropriations for services and programs referred 
        to in subsection (b) of section 221 of Article II of 
        Title Two of the U.S.-FSM Compact or U.S.-RMI Compact 
        and appropriations for services and programs referred 
        to in sections 105(f) and 108(a) of this joint 
        resolution shall be made to the relevant agencies in 
        accordance with the terms of the appropriations for 
        such services and programs.
          (4) Federal agencies providing programs and services 
        to the Federated States of Micronesia and the Republic 
        of the Marshall Islands shall coordinate with the 
        Secretaries of the Interior and State regarding 
        provision of such programs and services. The 
        Secretaries of the Interior and State shall consult 
        with appropriate officials of the Asian Development 
        Bank and with the Secretary of the Treasury regarding 
        overall economic conditions in the Federated States of 
        Micronesia and the Republic of the Marshall Islands and 
        regarding the activities of other donors of assistance 
        to the Federated States of Micronesia and the Republic 
        of the Marshall Islands.
          (5) United States Government employees in either the 
        Federated States of Micronesia or the Republic of the 
        Marshall Islands are subject to the authority of the 
        United States Chief of Mission, including as elaborated 
        in section 207 of the Foreign Service Act and the 
        President's Letter of Instruction to the United States 
        Chief of Mission and any order or directive of the 
        President in effect from time to time.
          (6) Interagency group on freely associated states' 
        affairs.--
                  (A) In general.--The President is hereby 
                authorized to appoint an Interagency Group on 
                Freely Associated States' Affairs to provide 
                policy guidance and recommendations on 
                implementation of the U.S.-FSM Compact and the 
                U.S.-RMI Compact to Federal departments and 
                agencies.
                  (B) Secretaries.--It is the sense of Congress 
                that the Secretary of State and the Secretary 
                of the Interior shall be represented on the 
                Interagency Group.
          (7) United states appointees to joint committees.--
                  (A) Joint economic management committee.--
                          (i) In general.--The three United 
                        States appointees (United States chair 
                        plus two members) to the Joint Economic 
                        Management Committee provided for in 
                        section 213 of the U.S.-FSM Compact and 
                        Article III of the U.S.-FSM Fiscal 
                        Procedures Agreement referred to in 
                        section 462(b)(4) of the U.S.-FSM 
                        Compact shall be United States 
                        Government officers or employees.
                          (ii) Departments.--It is the sense of 
                        Congress that 2 of the 3 appointees 
                        should be designated from the 
                        Department of State and the Department 
                        of the Interior, and that U.S. 
                        officials of the Asian Development Bank 
                        shall be consulted in order to properly 
                        coordinate U.S. and Asian Development 
                        Bank financial, program, and technical 
                        assistance.
                          (iii) Additional scope.--Section 213 
                        of the U.S.-FSM Compact shall be 
                        construed to read as though the phrase, 
                        ``the implementation of economic policy 
                        reforms to encourage investment and to 
                        achieve self-sufficient tax rates,'' 
                        were inserted after ``with particular 
                        focus on those parts of the plan 
                        dealing with the sectors identified in 
                        subsection (a) of section 211''.
                  (B) Joint economic management and financial 
                accountability committee.--
                          (i) In general.--The three United 
                        States appointees (United States chair 
                        plus two members) to the Joint Economic 
                        Management and Financial Accountability 
                        Committee provided for in section 214 
                        of the U.S.-RMI Compact and Article III 
                        of the U.S.-RMI Fiscal Procedures 
                        Agreement referred to in section 
                        462(b)(4) of the U.S.-RMI Compact shall 
                        be United States Government officers or 
                        employees.
                          (ii) Departments.--It is the sense of 
                        Congress that 2 of the 3 appointees 
                        should be designated from the 
                        Department of State and the Department 
                        of the Interior, and that U.S. 
                        officials of the Asian Development Bank 
                        shall be consulted in order to properly 
                        coordinate U.S. and Asian Development 
                        Bank financial, program, and technical 
                        assistance.
                          (iii) Additional scope.--Section 214 
                        of the U.S.-RMI Compact shall be 
                        construed to read as though the phrase, 
                        ``the implementation of economic policy 
                        reforms to encourage investment and to 
                        achieve self-sufficient tax rates,'' 
                        were inserted after ``with particular 
                        focus on those parts of the framework 
                        dealing with the sectors and areas 
                        identified in subsection (a) of section 
                        211''.
          (8) Oversight and coordination.--It is the sense of 
        Congress that the Secretary of State and the Secretary 
        of the Interior shall ensure that there are personnel 
        resources committed in the appropriate numbers and 
        locations to ensure effective oversight of United 
        States assistance, and effective coordination of 
        assistance among United States agencies and with other 
        international donors such as the Asian Development 
        Bank.
          (9) The United States voting members (United States 
        chair plus two or more members) of the Trust Fund 
        Committee appointed by the Government of the United 
        States pursuant to Article 7 of the Trust Fund 
        Agreement implementing section 215 of the U.S.-FSM 
        Compact and referred to in section 462(b)(5) of the 
        U.S.-FSM Compact and any alternates designated by the 
        Government of the United States shall be United States 
        Government officers or employees. The United States 
        voting members (United States chair plus two or more 
        members) of the Trust Fund Committee appointed by the 
        Government of the United States pursuant to Article 7 
        of the Trust Fund Agreement implementing section 216 of 
        the U.S.-RMI Compact and referred to in section 
        462(b)(5) of the U.S.-RMI Compact and any alternates 
        designated by the Government of the United States shall 
        be United States Government officers or employees. It 
        is the sense of Congress that the appointees should be 
        designated from the Department of State, the Department 
        of the Interior, and the Department of the Treasury.
          (10) The Trust Fund Committee provided for in Article 
        7 of the U.S.-FSM Trust Fund Agreement implementing 
        section 215 of the U.S.-FSM Compact shall be a 
        nonprofit corporation incorporated under the laws of 
        the District of Columbia. To the extent that any law, 
        rule, regulation or ordinance of the District of 
        Columbia, or of any State or political subdivision 
        thereof in which the Trust Fund Committee is 
        incorporated or doing business, impedes or otherwise 
        interferes with the performance of the functions of the 
        Trust Fund Committee pursuant to this joint resolution, 
        such law, rule, regulation, or ordinance shall be 
        deemed to be preempted by this joint resolution. The 
        Trust Fund Committee provided for in Article 7 of the 
        U.S.-RMI Trust Fund Agreement implementing section 216 
        of the U.S.-RMI Compact shall be a non-profit 
        corporation incorporated under the laws of the District 
        of Columbia. To the extent that any law, rule, 
        regulation or ordinance of the District of Columbia, or 
        of any State or political subdivision thereof in which 
        the Trust Fund Committee is incorporated or doing 
        business, impedes or otherwise interferes with the 
        performance of the functions of the Trust Fund 
        Committee pursuant to this joint resolution, such law, 
        rule, regulation, or ordinance shall be deemed to be 
        preempted by this joint resolution.
    (c) Continuing Trust Territory Authorization.--The 
authorization provided by the Act of June 30, 1954, as amended 
(68 Stat. 330) shall remain available after the effective date 
of the Compact with respect to the Federated States of 
Micronesia and the Republic of the Marshall Islands for the 
following purposes:
          (1) Prior to October 1, 1986, for any purpose 
        authorized by the Compact or the joint resolution of 
        January 14, 1986 (Public Law 99-239).
          (2) Transition purposes, including but not limited 
        to, completion of projects and fulfillment of 
        commitments or obligations; termination of the Trust 
        Territory Government and termination of the High Court; 
        health and education as a result of exceptional 
        circumstances; ex gratia contributions for the 
        populations of Bikini, Enewetak, Rongelap, and Utrik; 
        and technical assistance and training in financial 
        management, program administration, and maintenance of 
        infrastructure.
    (d) Survivability.--In furtherance of the provisions of 
Title Four, Article V, sections 452 and 453 of the U.S.-FSM 
Compact and the U.S.-RMI Compact, any provisions of the U.S.-
FSM Compact or the U.S.-RMI Compact which remain effective 
after the termination of the U.S.-FSM Compact or U.S.-RMI 
Compact by the act of any party thereto and which are affected 
in any manner by provisions of this title shall remain subject 
to such provisions.
    (e) Noncompliance Sanctions; Actions Incompatible With 
United States Authority.--Congress expresses its understanding 
that the Governments of the Federated States of Micronesia and 
the Republic of the Marshall Islands will not act in a manner 
incompatible with the authority and responsibility of the 
United States for security and defense matters in or related to 
the Federated States of Micronesia or the Republic of the 
Marshall Islands pursuant to the U.S.-FSM Compact or the U.S.-
RMI Compact, including the agreements referred to in sections 
462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI 
Compact. Congress further expresses its intention that any such 
act on the part of either such Government will be viewed by the 
United States as a material breach of the U.S.-FSM Compact or 
U.S.-RMI Compact. The Government of the United States reserves 
the right in the event of such a material breach of the U.S.-
FSM Compact by the Government of the Federated States of 
Micronesia or the U.S.-RMI Compact by the Government of the 
Republic of the Marshall Islands to take action, including (but 
not limited to) the suspension in whole or in part of the 
obligations of the Government of the United States to that 
Government.
    (f) Continuing Programs and Laws.--
          (1) Federated states of micronesia and republic of 
        the marshall islands.--In addition to the programs and 
        services set forth in section 221 of the Compact, and 
        pursuant to section 222 of the Compact, the programs 
        and services of the following agencies shall be made 
        available to the Federated States of Micronesia and to 
        the Republic of the Marshall Islands:
                  (A) Continuation of the programs and services 
                of the federal emergency management agency.--
                Except as provided in clauses (ii) and (iii), 
                the programs and services of the Department of 
                Homeland Security, Federal Emergency Management 
                Agency shall continue to be available to the 
                Federated States of Micronesia and the Republic 
                of the Marshall Islands to the same extent as 
                such programs and services were available in 
                fiscal year 2003.
                          (i) Paragraph (a)(6) of section 221 
                        of the U.S.-FSM Compact and paragraph 
                        (a)(5) of the U.S.-RMI Compact shall 
                        each be construed as though the 
                        paragraph reads as follows: ``the 
                        Department of Homeland Security, United 
                        States Federal Emergency Management 
                        Agency.''.
                          (ii) Subsection (d) of section 211 of 
                        the U.S.-FSM Compact and subsection (e) 
                        of section 211 of the U.S.-RMI Compact 
                        shall each be construed as though the 
                        subsection reads as follows: ``Not more 
                        than $200,000 (as adjusted for 
                        inflation pursuant to section 217 of 
                        the U.S.-FSM Compact and section 218 of 
                        the U.S.-RMI Compact) shall be made 
                        available by the Secretary of the 
                        Interior to the Department of Homeland 
                        Security, Federal Emergency Management 
                        Agency to facilitate the activities of 
                        the Federal Emergency Management Agency 
                        in accordance with and to the extent 
                        provided in the Federal Programs and 
                        Services Agreement.''.
                          (iii) The Secretary of State, in 
                        consultation with the Department of 
                        Homeland Security and the Federal 
                        Emergency Management Agency, shall 
                        immediately undertake negotiations with 
                        the Government of the Federated States 
                        of Micronesia and the Government of the 
                        Republic of the Marshall Islands 
                        regarding disaster assistance and shall 
                        report to the appropriate committees of 
                        Congress no later than June 30, 2004, 
                        on the outcome of such negotiations, 
                        including recommendations for changes 
                        to law regarding disaster assistance 
                        under the U.S.-FSM Compact and the 
                        U.S.-RMI Compact, and including 
                        subsidiary agreements as needed to 
                        implement such changes to law. If an 
                        agreement is not concluded, and 
                        legislation enacted which reflects such 
                        agreement, before the date which is 
                        five years after the date of enactment 
                        of this Joint Resolution, the following 
                        provisions shall apply:
                          ``Paragraph (a)(6) of section 221 of 
                        the U.S.-FSM Compact and paragraph 
                        (a)(5) of section 221 of the U.S.-RMI 
                        Compact shall each be construed and 
                        applied as if each provision reads as 
                        follows:
                          ``The U.S. Agency for International 
                        Development shall be responsible for 
                        the provision of emergency and disaster 
                        relief assistance in accordance with 
                        its statutory authorities, regulations 
                        and policies. The Republic of the 
                        Marshall Islands and the Federated 
                        States of Micronesia may additionally 
                        request that the President make an 
                        emergency or major disaster 
                        declaration. If the President declares 
                        an emergency or major disaster, the 
                        Department of Homeland Security (DHS), 
                        the Federal Emergency Management Agency 
                        (FEMA) and the U.S. Agency for 
                        International Development shall jointly 
                        (a) assess the damage caused by the 
                        emergency or disaster and (b) prepare a 
                        reconstruction plan including an 
                        estimate of the total amount of Federal 
                        resources that are needed for 
                        reconstruction. Pursuant to an 
                        interagency agreement, FEMA shall 
                        transfer funds from the Disaster Relief 
                        Fund in the amount of the estimate, 
                        together with an amount to be 
                        determined for administrative expenses, 
                        to the U.S. Agency for International 
                        Development, which shall carry out 
                        reconstruction activities in the 
                        Republic of the Marshall Islands and 
                        the Federated States of Micronesia in 
                        accordance with the reconstruction 
                        plan. For purposes of Disaster Relief 
                        Fund appropriations, the funding of the 
                        activities to be carried out pursuant 
                        to this paragraph shall be deemed to be 
                        necessary expenses in carrying out the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.).
                          ``DHS may provide to the Republic of 
                        the Marshall Islands and the Federated 
                        States of Micronesia preparedness 
                        grants to the extent that such 
                        assistance is available to the States 
                        of the United States. Funding for this 
                        assistance may be made available from 
                        appropriations made to DHS for 
                        preparedness activities.''.
                  (B) Treatment of additional programs.--
                          (i) Consultation.--The United States 
                        appointees to the committees 
                        established pursuant to section 213 of 
                        the U.S.-FSM Compact and section 214 of 
                        the U.S.-RMI Compact shall consult with 
                        the Secretary of Education regarding 
                        the objectives, use, and monitoring of 
                        United States financial, program, and 
                        technical assistance made available for 
                        educational purposes.
                          (ii) Continuing programs.--The 
                        Government of the United States--
                                  (I) shall continue to make 
                                available to the Federated 
                                States of Micronesia and the 
                                Republic of the Marshall 
                                Islands for fiscal years 2004 
                                through 2023, the services to 
                                individuals eligible for such 
                                services under the Individuals 
                                with Disabilities Education Act 
                                (20 U.S.C. 1400 et seq.) to the 
                                extent that such services 
                                continue to be available to 
                                individuals in the United 
                                States; and
                                  (II) shall continue to make 
                                available to eligible 
                                institutions in the Federated 
                                States of Micronesia and the 
                                Republic of the Marshall 
                                Islands, and to students 
                                enrolled in such institutions, 
                                and in institutions in the 
                                United States and its 
                                territories, for fiscal years 
                                2004 through 2023, grants under 
                                subpart 1 of part A of title IV 
                                of the Higher Education Act of 
                                1965 (20 U.S.C. 1070a et seq.) 
                                to the extent that such grants 
                                continue to be available to 
                                institutions and students in 
                                the United States.
                          (iii) Supplemental education 
                        grants.--In lieu of eligibility for 
                        appropriations under part A of title I 
                        of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 
                        et seq.), title I of the Workforce 
                        Investment Act of 1998 (29 U.S.C. 2801 
                        et seq.), other than subtitle C of that 
                        Act (29 U.S.C. 2881 et seq.) (Job 
                        Corps), title II of the Workforce 
                        Investment Act of 1998 (20 U.S.C. 9201 
                        et seq.; commonly known as the Adult 
                        Education and Family Literacy Act), 
                        title I of the Carl D. Perkins 
                        Vocational and Technical Education Act 
                        of 1998 (20 U.S.C. 2321 et seq.), the 
                        Head Start Act (42 U.S.C. 9831 et 
                        seq.), and subpart 3 of part A, and 
                        part C, of title IV of the Higher 
                        Education Act of 1965 (20 U.S.C. 1070b 
                        et seq., 42 U.S.C. 2751 et seq.), there 
                        are authorized to be appropriated to 
                        the Secretary of Education to 
                        supplement the education grants under 
                        section 211(a)(1) of the U.S.-FSM 
                        Compact and section 211(a)(1) of the 
                        U.S.-RMI Compact, respectively, the 
                        following amounts:
                                  (I) $12,230,000 for the 
                                Federated States of Micronesia 
                                for fiscal year 2005 and an 
                                equivalent amount, as adjusted 
                                for inflation under section 217 
                                of the U.S.-FSM Compact, for 
                                each of fiscal years 2005 
                                through 2023; and
                                  (II) $6,100,000 for the 
                                Republic of the Marshall 
                                Islands for fiscal year 2005 
                                and an equivalent amount, as 
                                adjusted for inflation under 
                                section 218 of the U.S.-RMI 
                                Compact, for each of fiscal 
                                years 2005 through 2023, except 
                                that citizens of the Federated 
                                States of Micronesia and the 
                                Republic of the Marshall 
                                Islands who attend an 
                                institution of higher education 
                                in the United States or its 
                                territories, the Federated 
                                States of Micronesia, or the 
                                Republic of the Marshall 
                                Islands on the date of 
                                enactment of this joint 
                                resolution may continue to 
                                receive assistance under such 
                                subpart 3 of part A or part C, 
                                for not more than 4 academic 
                                years after such date to enable 
                                such citizens to complete their 
                                program of study.
                          (iv) Fiscal procedures.--
                        Appropriations made pursuant to clause 
                        (iii) shall be used and monitored in 
                        accordance with an agreement between 
                        the Secretary of Education, the 
                        Secretary of Labor, the Secretary of 
                        Health and Human Services, and the 
                        Secretary of the Interior, and in 
                        accordance with the respective Fiscal 
                        Procedures Agreements referred to in 
                        section 462(b)(4) of the U.S.-FSM 
                        Compact and section 462(b)(4) of the 
                        U.S.-RMI Compact. The agreement between 
                        the Secretary of Education, the 
                        Secretary of Labor, the Secretary of 
                        Health and Human Services, and the 
                        Secretary of the Interior shall provide 
                        for the transfer, not later than 60 
                        days after the appropriations made 
                        pursuant to clause (iii) become 
                        available to the Secretary of 
                        Education, the Secretary of Labor, and 
                        the Secretary of Health and Human 
                        Services, from the Secretary of 
                        Education, the Secretary of Labor, and 
                        the Secretary of Health and Human 
                        Services, to the Secretary of the 
                        Interior for disbursement.
                          (v) Formula education grants.--For 
                        fiscal years 2005 through 2023, except 
                        as provided in clause (ii) and the 
                        exception provided under clause (iii), 
                        the Governments of the Federated States 
                        of Micronesia and the Republic of the 
                        Marshall Islands shall not receive any 
                        grant under any formula-grant program 
                        administered by the Secretary of 
                        Education or the Secretary of Labor, 
                        nor any grant provided through the Head 
                        Start Act (42 U.S.C. 9831 et seq.) 
                        administered by the Secretary of Health 
                        and Human Services.
                          (vi) Transition.--For fiscal year 
                        2004, the Governments of the Federated 
                        States of Micronesia and the Republic 
                        of the Marshall Islands shall continue 
                        to be eligible for appropriations and 
                        to receive grants under the provisions 
                        of law specified in clauses (ii) and 
                        (iii).
                          (vii) Technical assistance.--The 
                        Federated States of Micronesia and the 
                        Republic of the Marshall Islands may 
                        request technical assistance from the 
                        Secretary of Education, the Secretary 
                        of Health and Human Services, or the 
                        Secretary of Labor the terms of which, 
                        including reimbursement, shall be 
                        negotiated with the participation of 
                        the appropriate cabinet officer for 
                        inclusion in the Federal Programs and 
                        Services Agreement.
                          (viii) Continued eligibility for 
                        competitive grants.--The Governments of 
                        the Federated States of Micronesia and 
                        the Republic of the Marshall Islands 
                        shall continue to be eligible for 
                        competitive grants administered by the 
                        Secretary of Education, the Secretary 
                        of Health and Human Services, and the 
                        Secretary of Labor to the extent that 
                        such grants continue to be available to 
                        State and local governments in the 
                        United States.
                          (ix) Applicability.--The Republic of 
                        Palau shall remain eligible for 
                        appropriations and to receive grants 
                        under the provisions of law specified 
                        in clauses (ii) and (iii) until the end 
                        of fiscal year 2007, to the extent the 
                        Republic of Palau was so eligible under 
                        such provisions in fiscal year 2003.
                  (C) The Legal Services Corporation.
                  (D) The Public Health Service.
                  (E) The Rural Housing Service (formerly, the 
                Farmers Home Administration) in the Marshall 
                Islands and each of the four States of the 
                Federated States of Micronesia: Provided, That 
                in lieu of continuation of the program in the 
                Federated States of Micronesia, the President 
                may agree to transfer to the Government of the 
                Federated States of Micronesia without cost, 
                the portfolio of the Rural Housing Service 
                applicable to the Federated States of 
                Micronesia and provide such technical 
                assistance in management of the portfolio as 
                may be requested by the Federated States of 
                Micronesia.
          (2) Tort claims.--The provisions of section 178 of 
        the U.S.-FSM Compact and the U.S.-RMI Compact regarding 
        settlement and payment of tort claims shall apply to 
        employees of any Federal agency of the Government of 
        the United States (and to any other person employed on 
        behalf of any Federal agency of the Government of the 
        United States on the basis of a contractual, 
        cooperative, or similar agreement) which provides any 
        service or carries out any other function pursuant to 
        or in furtherance of any provisions of the U.S.-FSM 
        Compact or the U.S.-RMI Compact or this joint 
        resolution, except for provisions of Title Three of the 
        Compact and of the subsidiary agreements related to 
        such Title, in such area to which such Agreement 
        formerly applied.
          (3) PCB cleanup.--The programs and services of the 
        Environmental Protection Agency regarding PCBs shall, 
        to the extent applicable, as appropriate, and in 
        accordance with applicable law, be construed to be made 
        available to such islands for the cleanup of PCBs 
        imported prior to 1987. The Secretary of the Interior 
        and the Secretary of Defense shall cooperate and assist 
        in any such cleanup activities.
    (g) College of Micronesia.--Until otherwise provided by Act 
of Congress, or until termination of the U.S.-FSM Compact and 
the U.S.-RMI Compact, the College of Micronesia shall retain 
its status as a land-grant institution and its eligibility for 
all benefits and programs available to such land-grant 
institutions.
    (h) Trust Territory Debts to U.S. Federal Agencies.--
Neither the Government of the Federated States of Micronesia 
nor the Government of the Marshall Islands shall be required to 
pay to any department, agency, independent agency, office, or 
instrumentality of the United States any amounts owed to such 
department, agency, independent agency, office, or 
instrumentality by the Government of the Trust Territory of the 
Pacific Islands as of the effective date of the Compact. There 
is authorized to be appropriated such sums as may be necessary 
to carry out the purposes of this subsection.
    (i) Judicial Training.--
          (1) In general.--In addition to amounts provided 
        under section 211(a)(4) of the U.S.-FSM Compact and the 
        U.S.-RMI Compact, the Secretary of the Interior shall 
        annually provide $300,000 for the training of judges 
        and officials of the judiciary in the Federated States 
        of Micronesia and the Republic of the Marshall Islands 
        in cooperation with the Pacific Islands Committee of 
        the Ninth Circuit Judicial Council and in accordance 
        with and to the extent provided in the Federal Programs 
        and Services Agreement and the Fiscal Procedure 
        Agreement, as appropriate.
          (2) Authorization and continuing appropriation.--
        There is hereby authorized and appropriated to the 
        Secretary of the Interior, out of any funds in the 
        Treasury not otherwise appropriated, to remain 
        available until expended, for each fiscal year from 
        2004 through 2023, $300,000, as adjusted for inflation 
        under section 218 of the U.S.-FSM Compact and the U.S.-
        RMI Compact, to carry out the purposes of this section.
    (j) Technical Assistance.--Technical assistance may be 
provided pursuant to section 224 of the U.S.-FSM Compact or the 
U.S.-RMI Compact by Federal agencies and institutions of the 
Government of the United States to the extent such assistance 
may be provided to States, territories, or units of local 
government. Such assistance by the Forest Service, the Natural 
Resources Conservation Service, the Fish and Wildlife Service, 
the National Marine Fisheries Service, the United States Coast 
Guard, and the Advisory Council on Historic Preservation, the 
Department of the Interior, and other agencies providing 
assistance under the National Historic Preservation Act (80 
Stat. 915; 16 U.S.C. 470-470t), shall be on a nonreimbursable 
basis. During the period the U.S.-FSM Compact and the U.S.-RMI 
Compact are in effect, the grant programs under the National 
Historic Preservation Act shall continue to apply to the 
Federated States of Micronesia and the Republic of the Marshall 
Islands in the same manner and to the same extent as prior to 
the approval of the Compact. Any funds provided pursuant to 
sections 102(a), 103(a), 103(b), 103(f), 103(g), 103(h), 
103(j), 105(c), 105(g), 105(h), 105(i), 105(j), 105(k), 105(l), 
and 105(m) of this joint resolution shall be in addition to and 
not charged against any amounts to be paid to either the 
Federated States of Micronesia or the Republic of the Marshall 
Islands pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact, 
or their related subsidiary agreements.
    (k) Prior Service Benefits Program.--Notwithstanding any 
other provision of law, persons who on January 1, 1985, were 
eligible to receive payment under the Prior Service Benefits 
Program established within the Social Security System of the 
Trust Territory of the Pacific Islands because of their 
services performed for the United States Navy or the Government 
of the Trust Territory of the Pacific Islands prior to July 1, 
1968, shall continue to receive such payments on and after the 
effective date of the Compact.
    (l) Indefinite Land Use Payments.--There are authorized to 
be appropriated such sums as may be necessary to complete 
repayment by the United States of any debts owed for the use of 
various lands in the Federated States of Micronesia and the 
Marshall Islands prior to January 1, 1985.
    (m) Communicable Disease Control Program.--There are 
authorized to be appropriated for grants to the Government of 
the Federated States of Micronesia, the Government of the 
Republic of the Marshall Islands, and the governments of the 
affected jurisdictions, such sums as may be necessary for 
purposes of establishing or continuing programs for the control 
and prevention of communicable diseases, including (but not 
limited to) cholera, tuberculosis, and Hansen's Disease. The 
Secretary of the Interior shall assist the Government of the 
Federated States of Micronesia, the Government of the Republic 
of the Marshall Islands and the governments of the affected 
jurisdictions in designing and implementing such a program.
    (n) User Fees.--Any person in the Federated States of 
Micronesia or the Republic of the Marshall Islands shall be 
liable for user fees, if any, for services provided in the 
Federated States of Micronesia or the Republic of the Marshall 
Islands by the Government of the United States to the same 
extent as any person in the United States would be liable for 
fees, if any, for such services in the United States.
    (o) Treatment of Judgments of Courts of the Federated 
States of Micronesia, the Republic of the Marshall Islands, and 
the Republic of Palau.--No judgment, whenever issued, of a 
court of the Federated States of Micronesia, the Republic of 
the Marshall Islands, or the Republic of Palau, against the 
United States, its departments and agencies, or officials of 
the United States or any other individuals acting on behalf of 
the United States within the scope of their official duty, 
shall be honored by the United States, or be subject to 
recognition or enforcement in a court in the United States, 
unless the judgment is consistent with the interpretation by 
the United States of international agreements relevant to the 
judgment. In determining the consistency of a judgment with an 
international agreement, due regard shall be given to 
assurances made by the Executive Branch to Congress of the 
United States regarding the proper interpretation of the 
international agreement.
    (p) Establishment of Trust Funds; Expedition of Process.--
          (1) In general.--The Trust Fund Agreement executed 
        pursuant to the U.S.-FSM Compact and the Trust Fund 
        Agreement executed pursuant to the U.S.-RMI Compact 
        each provides for the establishment of a trust fund.
          (2) Method of establishment.--The trust fund may be 
        established by--
                  (A) creating a new legal entity to constitute 
                the trust fund; or
                  (B) assuming control of an existing legal 
                entity including, without limitation, a trust 
                fund or other legal entity that was established 
                by or at the direction of the Government of the 
                United States, the Government of the Federated 
                States of Micronesia, the Government of the 
                Republic of the Marshall Islands, or otherwise 
                for the purpose of facilitating or expediting 
                the establishment of the trust fund pursuant to 
                the applicable Trust Fund Agreement.
          (3) Obligations.--For the purpose of expediting the 
        commencement of operations of a trust fund under either 
        Trust Fund Agreement, the trust fund may, but shall not 
        be obligated to, assume any obligations of an existing 
        legal entity and take assignment of any contract or 
        other agreement to which the existing legal entity is 
        party.
          (4) Assistance.--Without limiting the authority that 
        the United States Government may otherwise have under 
        applicable law, the United States Government may, but 
        shall not be obligated to, provide financial, 
        technical, or other assistance directly or indirectly 
        to the Government of the Federated States of Micronesia 
        or the Government of the Republic of the Marshall 
        Islands for the purpose of establishing and operating a 
        trust fund or other legal entity that will solicit bids 
        from, and enter into contracts with, parties willing to 
        serve in such capacities as trustee, depositary, money 
        manager, or investment advisor, with the intention that 
        the contracts will ultimately be assumed by and 
        assigned to a trust fund established pursuant to a 
        Trust Fund Agreement.

SEC. 106.\8\ CONSTRUCTION CONTRACT ASSISTANCE.

    (a) Assistance to U.S. Firms.--In order to assist the 
Governments of the Federated States of Micronesia and of the 
Republic of the Marshall Islands through private sector firms 
which may be awarded contracts for construction or major repair 
of capital infrastructure within the Federated States of 
Micronesia or the Republic of the Marshall Islands, the United 
States shall consult with the Governments of the Federated 
States of Micronesia and the Republic of the Marshall Islands 
with respect to any such contracts, and the United States shall 
enter into agreements with such firms whereby such firms will, 
consistent with applicable requirements of such Governments--
---------------------------------------------------------------------------
    \8\ 48 U.S.C. 1921e.
---------------------------------------------------------------------------
          (1) to the maximum extent possible, employ citizens 
        of the Federated States of Micronesia and the Republic 
        of the Marshall Islands;
          (2) to the extent that necessary skills are not 
        possessed by citizens of the Federated States of 
        Micronesia and the Republic of the Marshall Islands, 
        provide on the job training, with particular emphasis 
        on the development of skills relating to operation of 
        machinery and routine and preventative maintenance of 
        machinery and other facilities; and
          (3) provide specific training or other assistance in 
        order to enable the Government to engage in long-term 
        maintenance of infrastructure.
Assistance by such firms pursuant to this section may not 
exceed 20 percent of the amount of the contract and shall be 
made available only to such firms which meet the definition of 
United States firm under the nationality rule for suppliers of 
services of the Agency for International Development (hereafter 
in this section referred to as ``United States firms''). There 
are authorized to be appropriated such sums as may be necessary 
for the purposes of this subsection.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to cover any 
additional costs incurred by the Government of the Federated 
States of Micronesia or the Republic of the Marshall Islands if 
such Governments, pursuant to an agreement entered into with 
the United States, apply a preference on the award of contracts 
to United States firms, provided that the amount of such 
preference does not exceed 10 percent of the amount of the 
lowest qualified bid from a non-United States firm for such 
contract.

SEC. 107.\9\ PROHIBITION.

    All laws governing conflicts of interest and post-
employment of Federal employees shall apply to the 
implementation of this Act.
---------------------------------------------------------------------------
    \9\ 48 U.S.C. 1921f.
---------------------------------------------------------------------------

SEC. 108.\10\ COMPENSATORY ADJUSTMENTS.

    (a) Additional Programs and Services.--In addition to the 
programs and services set forth in section 221 of the U.S.-FSM 
Compact and the U.S.-RMI Compact, and pursuant to section 222 
of the U.S.-FSM Compact and the U.S.-RMI Compact, the services 
and programs of the following United States agencies shall be 
made available to the Federated States of Micronesia and the 
Republic of the Marshall Islands: the Small Business 
Administration, Economic Development Administration, the Rural 
Utilities Services (formerly Rural Electrification 
Administration); the programs and services of the Department of 
Labor under subtitle C of title I of the Workforce Investment 
Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps); 
and the programs and services of the Department of Commerce 
relating to tourism and to marine resource development.
---------------------------------------------------------------------------
    \10\ 48 U.S.C. 1921g.
---------------------------------------------------------------------------
    (b) Further Amounts.--
          (1) The joint resolution of January 14, 1986 (Public 
        Law 99-239) provided that the governments of the 
        Federated States of Micronesia and the Marshall Islands 
        may submit to Congress reports concerning the overall 
        financial and economic impacts on such areas resulting 
        from the effect of title IV of that joint resolution 
        upon Title Two of the Compact. There were authorized to 
        be appropriated for fiscal years beginning after 
        September 30, 1990, such amounts as necessary, but not 
        to exceed $40,000,000 for the Federated States of 
        Micronesia and $20,000,000 for the Marshall Islands, as 
        provided in appropriation acts, to further compensate 
        the governments of such islands (in addition to the 
        compensation provided in subsections (a) and (b) of 
        section 111 of the joint resolution of January 14, 1986 
        (Public Law 99-239)) for adverse impacts, if any, on 
        the finances and economies of such areas resulting from 
        the effect of title IV of that joint resolution upon 
        Title Two of the Compact. The joint resolution of 
        January 14, 1986 (Public Law 99-239) further provided 
        that at the end of the initial fifteen-year term of the 
        Compact, should any portion of the total amount of 
        funds authorized in section 111 of that resolution not 
        have been appropriated, such amount not yet 
        appropriated may be appropriated, without regard to 
        divisions between amounts authorized in section 111 for 
        the Federated States of Micronesia and for the Marshall 
        Islands, based on either or both such government's 
        showing of such adverse impact, if any, as provided in 
        that subsection.
          (2) The governments of the Federated States of 
        Micronesia and the Republic of the Marshall Islands may 
        each submit no more than one report or request for 
        further compensation under section 111 of the joint 
        resolution of January 14, 1986 (Public Law 99-239) and 
        any such report or request must be submitted by 
        September 30, 2009. Only adverse economic effects 
        occurring during the initial 15-year term of the 
        Compact may be considered for compensation under 
        section 111 of the joint resolution of January 14, 1986 
        (Public Law 99-239).

SEC. 109.\11\ AUTHORIZATION AND CONTINUING APPROPRIATION.

    (a) There are authorized and appropriated to the Department 
of the Interior, out of any funds in the Treasury not otherwise 
appropriated, to remain available until expended, such sums as 
are necessary to carry out the purposes of sections 105(f)(1) 
and 105(i) of this Act, sections 211, 212(b), 215, and 217 of 
the U.S.-FSM Compact, and sections 211, 212, 213(b), 216, and 
218 of the U.S.-RMI Compact, in this and subsequent years.
---------------------------------------------------------------------------
    \11\ 48 U.S.C. 1921h.
---------------------------------------------------------------------------
    (b) There are authorized to be appropriated to the 
Departments, agencies, and instrumentalities named in 
paragraphs (1) and (3) through (6) of section 221(a) of the 
U.S.-FSM Compact and paragraphs (1) and (3) through (5) of 
section 221(a) of the U.S.-RMI Compact, such sums as are 
necessary to carry out the purposes of sections 221(a) of the 
U.S.-FSM Compact and the U.S.-RMI Compact, to remain available 
until expended.

SEC. 110.\12\ PAYMENT OF CITIZENS OF THE FEDERATED STATES OF 
                    MICRONESIA, THE REPUBLIC OF THE MARSHALL ISLANDS, 
                    AND THE REPUBLIC OF PALAU EMPLOYED BY THE 
                    GOVERNMENT OF THE UNITED STATES IN THE CONTINENTAL 
                    UNITED STATES.

    Section 605 of Public Law 107-67 (the Treasury and General 
Government Appropriations Act, 2002) is amended by striking 
``or the Republic of the Philippines,'' in the last sentence 
and inserting the following: ``the Republic of the Philippines, 
the Federated States of Micronesia, the Republic of the 
Marshall Islands, or the Republic of Palau,''.
---------------------------------------------------------------------------
    \12\ 5 U.S.C. 3101 note.
---------------------------------------------------------------------------

  TITLE II--COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF 
          MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

SEC. 201.\13\ COMPACTS OF FREE ASSOCIATION, AS AMENDED BETWEEN THE 
                    GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
                    GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA 
                    AND BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
                    AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE 
                    MARSHALL ISLANDS.

    (a) Compact of Free Association, as Amended, Between the 
Government of the United States of America and the Government 
of the Federated States of Micronesia.--The Compact of Free 
Association, as amended, between the Government of the United 
States of America and the Government of the Federated States of 
Micronesia is as follows:
---------------------------------------------------------------------------
    \13\ 48 U.S.C. 1921 note.
---------------------------------------------------------------------------

                                PREAMBLE

 THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF 
                   THE FEDERATED STATES OF MICRONESIA

    Affirming that their Governments and their relationship as 
Governments are founded upon respect for human rights and 
fundamental freedoms for all, and that the people of the 
Federated States of Micronesia have the right to enjoy self-
government; and
    Affirming the common interests of the United States of 
America and the Federated States of Micronesia in creating and 
maintaining their close and mutually beneficial relationship 
through the free and voluntary association of their respective 
Governments; and
    Affirming the interest of the Government of the United 
States in promoting the economic advancement and budgetary 
self-reliance of the Federated States of Micronesia; and
    Recognizing that their relationship until the entry into 
force on November 3, 1986 of the Compact was based upon the 
International Trusteeship System of the United Nations Charter, 
and in particular Article 76 of the Charter; and that pursuant 
to Article 76 of the Charter, the people of the Federated 
States of Micronesia have progressively developed their 
institutions of self-government, and that in the exercise of 
their sovereign right to self-determination they, through their 
freely-expressed wishes, have adopted a Constitution 
appropriate to their particular circumstances; and
    Recognizing that the Compact reflected their common desire 
to terminate the Trusteeship and establish a government-to-
government relationship which was in accordance with the new 
political status based on the freely expressed wishes of the 
people of the Federated States of Micronesia and appropriate to 
their particular circumstances; and
    Recognizing that the people of the Federated States of 
Micronesia have and retain their sovereignty and their 
sovereign right to self-determination and the inherent right to 
adopt and amend their own Constitution and form of government 
and that the approval of the entry of the Government of the 
Federated States of Micronesia into the Compact by the people 
of the Federated States of Micronesia constituted an exercise 
of their sovereign right to self-determination; and
    Recognizing the common desire of the people of the United 
States and the people of the Federated States of Micronesia to 
maintain their close government-to-government relationship, the 
United States and the Federated States of Micronesia:
    NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen 
their relationship of free association by amending the Compact, 
which continues to provide a full measure of self-government 
for the people of the Federated States of Micronesia; and
    FURTHER AGREE that the relationship of free association 
derives from and is as set forth in this Compact, as amended, 
by the Governments of the United States and the Federated 
States of Micronesia; and that, during such relationship of 
free association, the respective rights and responsibilities of 
the Government of the United States and the Government of the 
Federated States of Micronesia in regard to this relationship 
of free association derive from and are as set forth in this 
Compact, as amended.

                               TITLE ONE

                         GOVERNMENTAL RELATIONS

                               Article I

                            Self-Government

Section 111
    The people of the Federated States of Micronesia, acting 
through the Government established under their Constitution, 
are self-governing.

                               Article II

                            Foreign Affairs

Section 121
    (a) The Government of the Federated States of Micronesia 
has the capacity to conduct foreign affairs and shall do so in 
its own name and right, except as otherwise provided in this 
Compact, as amended.
    (b) The foreign affairs capacity of the Government of the 
Federated States of Micronesia includes:
          (1) the conduct of foreign affairs relating to law of 
        the sea and marine resources matters, including the 
        harvesting, conservation, exploration or exploitation 
        of living and non-living resources from the sea, seabed 
        or subsoil to the full extent recognized under 
        international law;
          (2) the conduct of its commercial, diplomatic, 
        consular, economic, trade, banking, postal, civil 
        aviation, communications, and cultural relations, 
        including negotiations for the receipt of developmental 
        loans and grants and the conclusion of arrangements 
        with other governments and international and 
        intergovernmental organizations, including any matters 
        specially benefiting its individual citizens.
    (c) The Government of the United States recognizes that the 
Government of the Federated States of Micronesia has the 
capacity to enter into, in its own name and right, treaties and 
other international agreements with governments and regional 
and international organizations.
    (d) In the conduct of its foreign affairs, the Government 
of the Federated States of Micronesia confirms that it shall 
act in accordance with principles of international law and 
shall settle its international disputes by peaceful means.
Section 122
    The Government of the United States shall support 
applications by the Government of the Federated States of 
Micronesia for membership or other participation in regional or 
international organizations as may be mutually agreed.
Section 123
    (a) In recognition of the authority and responsibility of 
the Government of the United States under Title Three, the 
Government of the Federated States of Micronesia shall consult, 
in the conduct of its foreign affairs, with the Government of 
the United States.
    (b) In recognition of the foreign affairs capacity of the 
Government of the Federated States of Micronesia, the 
Government of the United States, in the conduct of its foreign 
affairs, shall consult with the Government of the Federated 
States of Micronesia on matters that the Government of the 
United States regards as relating to or affecting the 
Government of the Federated States of Micronesia.
Section 124
    The Government of the United States may assist or act on 
behalf of the Government of the Federated States of Micronesia 
in the area of foreign affairs as may be requested and mutually 
agreed from time to time. The Government of the United States 
shall not be responsible to third parties for the actions of 
the Government of the Federated States of Micronesia undertaken 
with the assistance or through the agency of the Government of 
the United States pursuant to this section unless expressly 
agreed.
Section 125
    The Government of the United States shall not be 
responsible for nor obligated by any actions taken by the 
Government of the Federated States of Micronesia in the area of 
foreign affairs, except as may from time to time be expressly 
agreed.
Section 126
    At the request of the Government of the Federated States of 
Micronesia and subject to the consent of the receiving state, 
the Government of the United States shall extend consular 
assistance on the same basis as for citizens of the United 
States to citizens of the Federated States of Micronesia for 
travel outside the Federated States of Micronesia, the United 
States and its territories and possessions.
Section 127
    Except as otherwise provided in this Compact, as amended, 
or its related agreements, all obligations, responsibilities, 
rights and benefits of the Government of the United States as 
Administering Authority which resulted from the application 
pursuant to the Trusteeship Agreement of any treaty or other 
international agreement to the Trust Territory of the Pacific 
Islands on November 2, 1986, are, as of that date, no longer 
assumed and enjoyed by the Government of the United States.

                              Article III

                             Communications

Section 131
    (a) The Government of the Federated States of Micronesia 
has full authority and responsibility to regulate its domestic 
and foreign communications, and the Government of the United 
States shall provide communications assistance as mutually 
agreed.
    (b) On May 24, 1993, the Government of the Federated States 
of Micronesia elected to undertake all functions previously 
performed by the Government of the United States with respect 
to domestic and foreign communications, except for those 
functions set forth in a separate agreement entered into 
pursuant to this section of the Compact, as amended.
Section 132
    The Government of the Federated States of Micronesia shall 
permit the Government of the United States to operate 
telecommunications services in the Federated States of 
Micronesia to the extent necessary to fulfill the obligations 
of the Government of the United States under this Compact, as 
amended, in accordance with the terms of separate agreements 
entered into pursuant to this section of the Compact, as 
amended.

                               Article IV

                              Immigration

Section 141
    (a) In furtherance of the special and unique relationship 
that exists between the United States and the Federated States 
of Micronesia, under the Compact, as amended, any person in the 
following categories may be admitted to, lawfully engage in 
occupations, and establish residence as a nonimmigrant in the 
United States and its territories and possessions (the ``United 
States'') without regard to paragraph (5) or (7)(B)(i)(II) of 
section 212(a) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II):
          (1) a person who, on November 2, 1986, was a citizen 
        of the Trust Territory of the Pacific Islands, as 
        defined in Title 53 of the Trust Territory Code in 
        force on January 1, 1979, and has become and remains a 
        citizen of the Federated States of Micronesia;
          (2) a person who acquires the citizenship of the 
        Federated States of Micronesia at birth, on or after 
        the effective date of the Constitution of the Federated 
        States of Micronesia;
          (3) an immediate relative of a person referred to in 
        paragraphs (1) or (2) of this section, provided that 
        such immediate relative is a naturalized citizen of the 
        Federated States of Micronesia who has been an actual 
        resident there for not less than five years after 
        attaining such naturalization and who holds a 
        certificate of actual residence, and further provided, 
        that, in the case of a spouse, such spouse has been 
        married to the person referred to in paragraph (1) or 
        (2) of this section for at least five years, and 
        further provided, that the Government of the United 
        States is satisfied that such naturalized citizen meets 
        the requirement of subsection (b) of section 104 of 
        Public Law 99-239 as it was in effect on the day prior 
        to the effective date of this Compact, as amended;
          (4) a naturalized citizen of the Federated States of 
        Micronesia who was an actual resident there for not 
        less than five years after attaining such 
        naturalization and who satisfied these requirements as 
        of April 30, 2003, who continues to be an actual 
        resident and holds a certificate of actual residence, 
        and whose name is included in a list furnished by the 
        Government of the Federated States of Micronesia to the 
        Government of the United States no later than the 
        effective date of the Compact, as amended, in form and 
        content acceptable to the Government of the United 
        States, provided, that the Government of the United 
        States is satisfied that such naturalized citizen meets 
        the requirement of subsection (b) of section 104 of 
        Public Law 99-239 as it was in effect on the day prior 
        to the effective date of this Compact, as amended; or
          (5) an immediate relative of a citizen of the 
        Federated States of Micronesia, regardless of the 
        immediate relative's country of citizenship or period 
        of residence in the Federated States of Micronesia, if 
        the citizen of the Federated States of Micronesia is 
        serving on active duty in any branch of the United 
        States Armed Forces, or in the active reserves.
    (b) Notwithstanding subsection (a) of this section, a 
person who is coming to the United States pursuant to an 
adoption outside the United States, or for the purpose of 
adoption in the United States, is ineligible for admission 
under the Compact and the Compact, as amended. This subsection 
shall apply to any person who is or was an applicant for 
admission to the United States on or after March 1, 2003, 
including any applicant for admission in removal proceedings 
(including appellate proceedings) on or after March 1, 2003, 
regardless of the date such proceedings were commenced. This 
subsection shall have no effect on the ability of the 
Government of the United States or any United States State or 
local government to commence or otherwise take any action 
against any person or entity who has violated any law relating 
to the adoption of any person.
    (c) Notwithstanding subsection (a) of this section, no 
person who has been or is granted citizenship in the Federated 
States of Micronesia, or has been or is issued a Federated 
States of Micronesia passport pursuant to any investment, 
passport sale, or similar program has been or shall be eligible 
for admission to the United States under the Compact or the 
Compact, as amended.
    (d) A person admitted to the United States under the 
Compact, or the Compact, as amended, shall be considered to 
have the permission of the Government of the United States to 
accept employment in the United States. An unexpired Federated 
States of Micronesia passport with unexpired documentation 
issued by the Government of the United States evidencing 
admission under the Compact or the Compact, as amended, shall 
be considered to be documentation establishing identity and 
employment authorization under section 274A(b)(1)(B) of the 
Immigration and Nationality Act, as amended, 8 U.S.C. 
1324a(b)(1)(B). The Government of the United States will take 
reasonable and appropriate steps to implement and publicize 
this provision, and the Government of the Federated States of 
Micronesia will also take reasonable and appropriate steps to 
publicize this provision.
    (e) For purposes of the Compact and the Compact, as 
amended:
          (1) the term ``residence'' with respect to a person 
        means the person's principal, actual dwelling place in 
        fact, without regard to intent, as provided in section 
        101(a)(33) of the Immigration and Nationality Act, as 
        amended, 8 U.S.C. 1101(a)(33), and variations of the 
        term ``residence,'' including ``resident'' and 
        ``reside,'' shall be similarly construed;
          (2) the term ``actual residence'' means physical 
        presence in the Federated States of Micronesia during 
        eighty-five percent of the five-year period of 
        residency required by section 141(a)(3) and (4);
          (3) the term ``certificate of actual residence'' 
        means a certificate issued to a naturalized citizen by 
        the Government of the Federated States of Micronesia 
        stating that the citizen has complied with the actual 
        residence requirement of section 141(a)(3) or (4);
          (4) the term ``nonimmigrant'' means an alien who is 
        not an ``immigrant'' as defined in section 101(a)(15) 
        of such Act, 8 U.S.C. 1101(a)(15); and
          (5) the term ``immediate relative'' means a spouse, 
        or unmarried son or unmarried daughter less than 21 
        years of age.
    (f) The Immigration and Nationality Act, as amended, shall 
apply to any person admitted or seeking admission to the United 
States (other than a United States possession or territory 
where such Act does not apply) under the Compact or the 
Compact, as amended, and nothing in the Compact or the Compact, 
as amended, shall be construed to limit, preclude, or modify 
the applicability of, with respect to such person:
          (1) any ground of inadmissibility or deportability 
        under such Act (except sections 212(a)(5) and 
        212(a)(7)(B)(i)(II) of such Act, as provided in 
        subsection (a) of this section), and any defense 
        thereto, provided that, section 237(a)(5) of such Act 
        shall be construed and applied as if it reads as 
        follows: ``any alien who has been admitted under the 
        Compact, or the Compact, as amended, who cannot show 
        that he or she has sufficient means of support in the 
        United States, is deportable'';
          (2) the authority of the Government of the United 
        States under section 214(a)(1) of such Act to provide 
        that admission as a nonimmigrant shall be for such time 
        and under such conditions as the Government of the 
        United States may by regulations prescribe;
          (3) except for the treatment of certain documentation 
        for purposes of section 274A(b)(1)(B) of such Act as 
        provided by subsection (d) of this section of the 
        Compact, as amended, any requirement under section 
        274A, including but not limited to section 
        274A(b)(1)(E);
          (4) section 643 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996, Public Law 104-
        208, and actions taken pursuant to section 643; and
          (5) the authority of the Government of the United 
        States otherwise to administer and enforce the 
        Immigration and Nationality Act, as amended, or other 
        United States law.
    (g) Any authority possessed by the Government of the United 
States under this section of the Compact or the Compact, as 
amended, may also be exercised by the Government of a territory 
or possession of the United States where the Immigration and 
Nationality Act, as amended, does not apply, to the extent such 
exercise of authority is lawful under a statute or regulation 
of such territory or possession that is authorized by the laws 
of the United States.
    (h) Subsection (a) of this section does not confer on a 
citizen of the Federated States of Micronesia the right to 
establish the residence necessary for naturalization under the 
Immigration and Nationality Act, as amended, or to petition for 
benefits for alien relatives under that Act. Subsection (a) of 
this section, however, shall not prevent a citizen of the 
Federated States of Micronesia from otherwise acquiring such 
rights or lawful permanent resident alien status in the United 
States.
Section 142
    (a) Any citizen or national of the United States may be 
admitted, to lawfully engage in occupations, and reside in the 
Federated States of Micronesia, subject to the rights of the 
Government of the Federated States of Micronesia to deny entry 
to or deport any such citizen or national as an undesirable 
alien. Any determination of inadmissibility or deportability 
shall be based on reasonable statutory grounds and shall be 
subject to appropriate administrative and judicial review 
within the Federated States of Micronesia. If a citizen or 
national of the United States is a spouse of a citizen of the 
Federated States of Micronesia, the Government of the Federated 
States of Micronesia shall allow the United States citizen 
spouse to establish residence. Should the Federated States of 
Micronesia citizen spouse predecease the United States citizen 
spouse during the marriage, the Government of the Federated 
States of Micronesia shall allow the United States citizen 
spouse to continue to reside in the Federated States of 
Micronesia.
    (b) In enacting any laws or imposing any requirements with 
respect to citizens and nationals of the United States entering 
the Federated States of Micronesia under subsection (a) of this 
section, including any grounds of inadmissibility or 
deportability, the Government of the Federated States of 
Micronesia shall accord to such citizens and nationals of the 
United States treatment no less favorable than that accorded to 
citizens of other countries.
    (c) Consistent with subsection (a) of this section, with 
respect to citizens and nationals of the United States seeking 
to engage in employment or invest in the Federated States of 
Micronesia, the Government of the Federated States of 
Micronesia shall adopt immigration-related procedures no less 
favorable than those adopted by the Government of the United 
States with respect to citizens of the Federated States of 
Micronesia seeking employment in the United States.
Section 143
    Any person who relinquishes, or otherwise loses, his United 
States nationality or citizenship, or his Federated States of 
Micronesia citizenship, shall be ineligible to receive the 
privileges set forth in sections 141 and 142. Any such person 
may apply for admission to the United States or the Federated 
States of Micronesia, as the case may be, in accordance with 
any other applicable laws of the United States or the Federated 
States of Micronesia relating to immigration of aliens from 
other countries. The laws of the Federated States of Micronesia 
or the United States, as the case may be, shall dictate the 
terms and conditions of any such person's stay.

                               Article V

                             Representation

Section 151
    Relations between the Government of the United States and 
the Government of the Federated States of Micronesia shall be 
conducted in accordance with the Vienna Convention on 
Diplomatic Relations. In addition to diplomatic missions and 
representation, the Governments may establish and maintain 
other offices and designate other representatives on terms and 
in locations as may be mutually agreed.
Section 152
    (a) Any citizen or national of the United States who, 
without authority of the United States, acts as the agent of 
the Government of the Federated States of Micronesia with 
regard to matters specified in the provisions of the Foreign 
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et 
seq.), that apply with respect to an agent of a foreign 
principal shall be subject to the requirements of such Act. 
Failure to comply with such requirements shall subject such 
citizen or national to the same penalties and provisions of law 
as apply in the case of the failure of such an agent of a 
foreign principal to comply with such requirements. For 
purposes of the Foreign Agents Registration Act of 1938, the 
Federated States of Micronesia shall be considered to be a 
foreign country.
    (b) Subsection (a) of this section shall not apply to a 
citizen or national of the United States employed by the 
Government of the Federated States of Micronesia with respect 
to whom the Government of the Federated States of Micronesia 
from time to time certifies to the Government of the United 
States that such citizen or national is an employee of the 
Federated States of Micronesia whose principal duties are other 
than those matters specified in the Foreign Agents Registration 
Act of 1938, as amended, that apply with respect to an agent of 
a foreign principal. The agency or officer of the United States 
receiving such certifications shall cause them to be filed with 
the Attorney General, who shall maintain a publicly available 
list of the persons so certified.

                               Article VI

                        Environmental Protection

Section 161
    The Governments of the United States and the Federated 
States of Micronesia declare that it is their policy to promote 
efforts to prevent or eliminate damage to the environment and 
biosphere and to enrich understanding of the natural resources 
of the Federated States of Micronesia. In order to carry out 
this policy, the Government of the United States and the 
Government of the Federated States of Micronesia agree to the 
following mutual and reciprocal undertakings.
    (a) The Government of the United States:
          (1) shall continue to apply the environmental 
        controls in effect on November 2, 1986 to those of its 
        continuing activities subject to section 161(a)(2), 
        unless and until those controls are modified under 
        sections 161(a)(3) and 161(a)(4);
          (2) shall apply the National Environmental Policy Act 
        of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its 
        activities under the Compact, as amended, and its 
        related agreements as if the Federated States of 
        Micronesia were the United States;
          (3) shall comply also, in the conduct of any activity 
        requiring the preparation of an Environmental Impact 
        Statement under section 161(a)(2), with standards 
        substantively similar to those required by the 
        following laws of the United States, taking into 
        account the particular environment of the Federated 
        States of Micronesia: the Endangered Species Act of 
        1973, as amended, 87 Stat. 884, 16 U.S.C. 1531 et seq.; 
        the Clean Air Act, as amended, 77 Stat. 392, 42 U.S.C. 
        Supp. 7401 et seq.; the Clean Water Act (Federal Water 
        Pollution Control Act), as amended, 86 Stat. 896, 33 
        U.S.C. 1251 et seq.; Title I of the Marine Protection, 
        Research and Sanctuaries Act of 1972 (the Ocean Dumping 
        Act), 33 U.S.C. 1411 et seq.; the Toxic Substances 
        Control Act, as amended, 15 U.S.C. 2601 et seq.; the 
        Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et 
        seq.; and such other environmental protection laws of 
        the United States and of the Federated States of 
        Micronesia, as may be mutually agreed from time to time 
        with the Government of the Federated States of 
        Micronesia; and
          (4) shall develop, prior to conducting any activity 
        requiring the preparation of an Environmental Impact 
        Statement under section 161(a)(2), written standards 
        and procedures, as agreed with the Government of the 
        Federated States of Micronesia, to implement the 
        substantive provisions of the laws made applicable to 
        U.S. Government activities in the Federated States of 
        Micronesia, pursuant to section 161(a)(3).
    (b) The Government of the Federated States of Micronesia 
shall continue to develop and implement standards and 
procedures to protect its environment. As a reciprocal 
obligation to the undertakings of the Government of the United 
States under this Article, the Federated States of Micronesia, 
taking into account its particular environment, shall continue 
to develop and implement standards for environmental protection 
substantively similar to those required of the Government of 
the United States by section 161(a)(3) prior to its conducting 
activities in the Federated States of Micronesia, substantively 
equivalent to activities conducted there by the Government of 
the United States and, as a further reciprocal obligation, 
shall enforce those standards.
    (c) Section 161(a), including any standard or procedure 
applicable thereunder, and section 161(b) may be modified or 
superseded in whole or in part by agreement of the Government 
of the United States and the Government of the Federated States 
of Micronesia.
    (d) In the event that an Environmental Impact Statement is 
no longer required under the laws of the United States for 
major Federal actions significantly affecting the quality of 
the human environment, the regulatory regime established under 
sections 161(a)(3) and 161(a)(4) shall continue to apply to 
such activities of the Government of the United States until 
amended by mutual agreement.
    (e) The President of the United States may exempt any of 
the activities of the Government of the United States under 
this Compact, as amended, and its related agreements from any 
environmental standard or procedure which may be applicable 
under sections 161(a)(3) and 161(a)(4) if the President 
determines it to be in the paramount interest of the Government 
of the United States to do so, consistent with Title Three of 
this Compact, as amended, and the obligations of the Government 
of the United States under international law. Prior to any 
decision pursuant to this subsection, the views of the 
Government of the Federated States of Micronesia shall be 
sought and considered to the extent practicable. If the 
President grants such an exemption, to the extent practicable, 
a report with his reasons for granting such exemption shall be 
given promptly to the Government of the Federated States of 
Micronesia.
    (f) The laws of the United States referred to in section 
161(a)(3) shall apply to the activities of the Government of 
the United States under this Compact, as amended, and its 
related agreements only to the extent provided for in this 
section.
Section 162
    The Government of the Federated States of Micronesia may 
bring an action for judicial review of any administrative 
agency action or any activity of the Government of the United 
States pursuant to section 161(a) for enforcement of the 
obligations of the Government of the United States arising 
thereunder. The United States District Court for the District 
of Hawaii and the United States District Court for the District 
of Columbia shall have jurisdiction over such action or 
activity, and over actions brought under section 172(b) which 
relate to the activities of the Government of the United States 
and its officers and employees, governed by section 161, 
provided that:
          (a) Such actions may only be civil actions for any 
        appropriate civil relief other than punitive damages 
        against the Government of the United States or, where 
        required by law, its officers in their official 
        capacity; no criminal actions may arise under this 
        section.
          (b) Actions brought pursuant to this section may be 
        initiated only by the Government of the Federated 
        States of Micronesia.
          (c) Administrative agency actions arising under 
        section 161 shall be reviewed pursuant to the standard 
        of judicial review set forth in 5 U.S.C. 706.
          (d) The United States District Court for the District 
        of Hawaii and the United States District Court for the 
        District of Columbia shall have jurisdiction to issue 
        all necessary processes, and the Government of the 
        United States agrees to submit itself to the 
        jurisdiction of the court; decisions of the United 
        States District Court shall be reviewable in the United 
        States Court of Appeals for the Ninth Circuit or the 
        United States Court of Appeals for the District of 
        Columbia, respectively, or in the United States Supreme 
        Court as provided by the laws of the United States.
          (e) The judicial remedy provided for in this section 
        shall be the exclusive remedy for the judicial review 
        or enforcement of the obligations of the Government of 
        the United States under this Article and actions 
        brought under section 172(b) which relate to the 
        activities of the Government of the United States and 
        its officers and employees governed by section 161.
          (f) In actions pursuant to this section, the 
        Government of the Federated States of Micronesia shall 
        be treated as if it were a United States citizen.
Section 163
    (a) For the purpose of gathering data necessary to study 
the environmental effects of activities of the Government of 
the United States subject to the requirements of this Article, 
the Government of the Federated States of Micronesia shall be 
granted access to facilities operated by the Government of the 
United States in the Federated States of Micronesia, to the 
extent necessary for this purpose, except to the extent such 
access would unreasonably interfere with the exercise of the 
authority and responsibility of the Government of the United 
States under Title Three.
    (b) The Government of the United States, in turn, shall be 
granted access to the Federated States of Micronesia for the 
purpose of gathering data necessary to discharge its 
obligations under this Article, except to the extent such 
access would unreasonably interfere with the exercise of the 
authority and responsibility of the Government of the Federated 
States of Micronesia under Title One, and to the extent 
necessary for this purpose shall be granted access to documents 
and other information to the same extent similar access is 
provided the Government of the Federated States of Micronesia 
under the Freedom of Information Act, 5 U.S.C. 552.
    (c) The Government of the Federated States of Micronesia 
shall not impede efforts by the Government of the United States 
to comply with applicable standards and procedures.

                              Article VII

                        General Legal Provisions

Section 171
    Except as provided in this Compact, as amended, or its 
related agreements, the application of the laws of the United 
States to the Trust Territory of the Pacific Islands by virtue 
of the Trusteeship Agreement ceased with respect to the 
Federated States of Micronesia on November 3, 1986, the date 
the Compact went into effect.
Section 172
    (a) Every citizen of the Federated States of Micronesia who 
is not a resident of the United States shall enjoy the rights 
and remedies under the laws of the United States enjoyed by any 
non-resident alien.
    (b) The Government of the Federated States of Micronesia 
and every citizen of the Federated States of Micronesia shall 
be considered to be a ``person'' within the meaning of the 
Freedom of Information Act, 5 U.S.C. 552, and of the judicial 
review provisions of the Administrative Procedure Act, 5 U.S.C. 
701-706, except that only the Government of the Federated 
States of Micronesia may seek judicial review under the 
Administrative Procedure Act or judicial enforcement under the 
Freedom of Information Act when such judicial review or 
enforcement relates to the activities of the Government of the 
United States governed by sections 161 and 162.
Section 173
    The Governments of the United States and the Federated 
States of Micronesia agree to adopt and enforce such measures, 
consistent with this Compact, as amended, and its related 
agreements, as may be necessary to protect the personnel, 
property, installations, services, programs and official 
archives and documents maintained by the Government of the 
United States in the Federated States of Micronesia pursuant to 
this Compact, as amended, and its related agreements and by the 
Government of the Federated States of Micronesia in the United 
States pursuant to this Compact, as amended, and its related 
agreements.
Section 174
    Except as otherwise provided in this Compact, as amended, 
and its related agreements:
          (a) The Government of the Federated States of 
        Micronesia, and its agencies and officials, shall be 
        immune from the jurisdiction of the court of the United 
        States, and the Government of the United States, and 
        its agencies and officials, shall be immune from the 
        jurisdiction of the courts of the Federated States of 
        Micronesia.
          (b) The Government of the United States accepts 
        responsibility for and shall pay:
                  (1) any unpaid money judgment rendered by the 
                High Court of the Trust Territory of the 
                Pacific Islands against the Government of the 
                United States with regard to any cause of 
                action arising as a result of acts or omissions 
                of the Government of the Trust Territory of the 
                Pacific Islands or the Government of the United 
                States prior to November 3, 1986;
                  (2) any claim settled by the claimant and the 
                Government of the Trust Territory of the 
                Pacific Islands but not paid as of the November 
                3, 1986; and
                  (3) settlement of any administrative claim or 
                of any action before a court of the Trust 
                Territory of the Pacific Islands or the 
                Government of the United States, arising as a 
                result of acts or omissions of the Government 
                of the Trust Territory of the Pacific Islands 
                or the Government of the United States.
          (c) Any claim not referred to in section 174(b) and 
        arising from an act or omission of the Government of 
        the Trust Territory of the Pacific Islands or the 
        Government of the United States prior to the effective 
        date of the Compact shall be adjudicated in the same 
        manner as a claim adjudicated according to section 
        174(d). In any claim against the Government of the 
        Trust Territory of the Pacific Islands, the Government 
        of the United States shall stand in the place of the 
        Government of the Trust Territory of the Pacific 
        Islands. A judgment on any claim referred to in section 
        174(b) or this subsection, not otherwise satisfied by 
        the Government of the United States, may be presented 
        for certification to the United States Court of Appeals 
        for the Federal Circuit, or its successor courts, which 
        shall have jurisdiction therefore, notwithstanding the 
        provisions of 28 U.S.C. 1502, and which court's 
        decisions shall be reviewable as provided by the laws 
        of the United States. The United States Court of 
        Appeals for the Federal Circuit shall certify such 
        judgment, and order payment thereof, unless it finds, 
        after a hearing, that such judgment is manifestly 
        erroneous as to law or fact, or manifestly excessive. 
        In either of such cases the United States Court of 
        Appeals for the Federal Circuit shall have jurisdiction 
        to modify such judgment.
          (d) The Government of the Federated States of 
        Micronesia shall not be immune from the jurisdiction of 
        the courts of the United States, and the Government of 
        the United States shall not be immune from the 
        jurisdiction of the courts of the Federated States of 
        Micronesia in any civil case in which an exception to 
        foreign state immunity is set forth in the Foreign 
        Sovereign Immunities Act (28 U.S.C. 1602 et seq.) or 
        its successor statutes.
Section 175
    (a) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall have 
the force of law, shall govern mutual assistance and 
cooperation in law enforcement matters, including the pursuit, 
capture, imprisonment and extradition of fugitives from justice 
and the transfer of prisoners, as well as other law enforcement 
matters. In the United States, the laws of the United States 
governing international extradition, including 18 U.S.C. 3184, 
3186 and 3188-95, shall be applicable to the extradition of 
fugitives under the separate agreement, and the laws of the 
United States governing the transfer of prisoners, including 18 
U.S.C. 4100-15, shall be applicable to the transfer of 
prisoners under the separate agreement; and
    (b) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall have 
the force of law, shall govern requirements relating to labor 
recruitment practices, including registration, reporting, 
suspension or revocation of authorization to recruit persons 
for employment in the United States, and enforcement for 
violations of such requirements.
Section 176
    The Government of the Federated States of Micronesia 
confirms that final judgments in civil cases rendered by any 
court of the Trust Territory of the Pacific Islands shall 
continue in full force and effect, subject to the 
constitutional power of the courts of the Federated States of 
Micronesia to grant relief from judgments in appropriate cases.
Section 177
    Section 177 of the Compact entered into force with respect 
to the Federated States of Micronesia on November 3, 1986 as 
follows:
          ``(a) The Government of the United States accepts the 
        responsibility for compensation owing to citizens of 
        the Marshall Islands, or the Federated States of 
        Micronesia, or Palau for loss or damage to property and 
        person of the citizens of the Marshall Islands, or the 
        Federated States of Micronesia, resulting from the 
        nuclear testing program which the Government of the 
        United States conducted in the Northern Marshall 
        Islands between June 30, 1946, and August 18, 1958.
          ``(b) The Government of the United States and the 
        Government of the Marshall Islands shall set forth in a 
        separate agreement provisions for the just and adequate 
        settlement of all such claims which have arisen in 
        regard to the Marshall Islands and its citizens and 
        which have not as yet been compensated or which in the 
        future may arise, for the continued administration by 
        the Government of the United States of direct radiation 
        related medical surveillance and treatment programs and 
        radiological monitoring activities and for such 
        additional programs and activities as may be mutually 
        agreed, and for the assumption by the Government of the 
        Marshall Islands of responsibility for enforcement of 
        limitations on the utilization of affected areas 
        developed in cooperation with the Government of the 
        United States and for the assistance by the Government 
        of the United States in the exercise of such 
        responsibility as may be mutually agreed. This separate 
        agreement shall come into effect simultaneously with 
        this Compact and shall remain in effect in accordance 
        with its own terms.
          ``(c) The Government of the United States shall 
        provide to the Government of the Marshall Islands, on a 
        grant basis, the amount of $150 million to be paid and 
        distributed in accordance with the separate agreement 
        referred to in this Section, and shall provide the 
        services and programs set forth in this separate 
        agreement, the language of which is incorporated into 
        this Compact.''.
    The Compact, as amended, makes no changes to, and has no 
effect upon, Section 177 of the Compact, nor does the Compact, 
as amended, change or affect the separate agreement referred to 
in Section 177 of the Compact including Articles IX and X of 
that separate agreement, and measures taken by the parties 
thereunder.
Section 178
    (a) The Federal agencies of the Government of the United 
States that provide the services and related programs in the 
Federated States of Micronesia pursuant to Title Two are 
authorized to settle and pay tort claims arising in the 
Federated States of Micronesia from the activities of such 
agencies or from the acts or omissions of the employees of such 
agencies. Except as provided in section 178(b), the provisions 
of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply exclusively to 
such administrative settlements and payments.
    (b) Claims under section 178(a) that cannot be settled 
under section 178(a) shall be disposed of exclusively in 
accordance with Article II of Title Four. Arbitration awards 
rendered pursuant to this subsection shall be paid out of funds 
under 31 U.S.C. 1304.
    (c) The Government of the United States and the Government 
of the Federated States of Micronesia shall, in the separate 
agreement referred to in section 231, provide for:
          (1) the administrative settlement of claims referred 
        to in section 178(a), including designation of local 
        agents in each State of the Federated States of 
        Micronesia; such agents to be empowered to accept, 
        investigate and settle such claims, in a timely manner, 
        as provided in such separate agreements; and
          (2) arbitration, referred to in section 178(b), in a 
        timely manner, at a site convenient to the claimant, in 
        the event a claim is not otherwise settled pursuant to 
        section 178(a).
    (d) The provisions of section 174(d) shall not apply to 
claims covered by this section.
    (e) Except as otherwise explicitly provided by law of the 
United States, neither the Government of the United States, its 
instrumentalities, nor any person acting on behalf of the 
Government of the United States, shall be named a party in any 
action based on, or arising out of, the activity or activities 
of a recipient of any grant or other assistance provided by the 
Government of the United States (or the activity or activities 
of the recipient's agency or any other person or entity acting 
on behalf of the recipient).
Section 179
    (a) The courts of the Federated States of Micronesia shall 
not exercise criminal jurisdiction over the Government of the 
United States, or its instrumentalities.
    (b) The courts of the Federated States of Micronesia shall 
not exercise criminal jurisdiction over any person if the 
Government of the United States provides notification to the 
Government of the Federated States of Micronesia that such 
person was acting on behalf of the Government of the United 
States, for actions taken in furtherance of section 221 or 224 
of this amended Compact, or any other provision of law 
authorizing financial, program, or service assistance to the 
Federated States of Micronesia.

                               TITLE TWO

                           ECONOMIC RELATIONS

                               Article I

                            Grant Assistance

Section 211 - Sector Grants
    (a) In order to assist the Government of the Federated 
States of Micronesia in its efforts to promote the economic 
advancement, budgetary self-reliance, and economic self-
sufficiency of its people, and in recognition of the special 
relationship that exists between the Federated States of 
Micronesia and the United States, the Government of the United 
States shall provide assistance on a sector grant basis for a 
period of twenty years in the amounts set forth in section 216, 
commencing on the effective date of this Compact, as amended. 
Such grants shall be used for assistance in the sectors of 
education, health care, private sector development, the 
environment, public sector capacity building, and public 
infrastructure, or for other sectors as mutually agreed, with 
priorities in the education and health care sectors. For each 
year such sector grant assistance is made available, the 
proposed division of this amount among these sectors shall be 
certified to the Government of the United States by the 
Government of the Federated States of Micronesia and shall be 
subject to the concurrence of the Government of the United 
States. In such case, the Government of the United States shall 
disburse the agreed upon amounts and monitor the use of such 
sector grants in accordance with the provisions of this Article 
and the Agreement Concerning Procedures for the Implementation 
of United States Economic Assistance Provided in the Compact, 
as Amended, of Free Association Between the Government of the 
United States of America and the Government of the Federated 
States of Micronesia (``Fiscal Procedures Agreement'') which 
shall come into effect simultaneously with this Compact, as 
amended. The provision of any United States assistance under 
the Compact, as amended, the Fiscal Procedures Agreement, the 
Trust Fund Agreement, or any other subsidiary agreement to the 
Compact, as amended, shall constitute ``a particular 
distribution . . . required by the terms or special nature of 
the assistance'' for purposes of Article XII, section 1(b) of 
the Constitution of the Federated States of Micronesia.
          (1) Education.--United States grant assistance shall 
        be made available in accordance with the plan described 
        in subsection (c) of this section to support and 
        improve the educational system of the Federated States 
        of Micronesia and develop the human, financial, and 
        material resources necessary for the Government of the 
        Federated States of Micronesia to perform these 
        services. Emphasis should be placed on advancing a 
        quality basic education system.
          (2) Health.--United States grant assistance shall be 
        made available in accordance with the plan described in 
        subsection (c) of this section to support and improve 
        the delivery of preventive, curative and environmental 
        care and develop the human, financial, and material 
        resources necessary for the Government of the Federated 
        States of Micronesia to perform these services.
          (3) Private sector development.--United States grant 
        assistance shall be made available in accordance with 
        the plan described in subsection (c) of this section to 
        support the efforts of the Government of the Federated 
        States of Micronesia to attract foreign investment and 
        increase indigenous business activity by vitalizing the 
        commercial environment, ensuring fair and equitable 
        application of the law, promoting adherence to core 
        labor standards, and maintaining progress toward 
        privatization of state-owned and partially state-owned 
        enterprises, and engaging in other reforms.
          (4) Capacity building in the public sector.--United 
        States grant assistance shall be made available in 
        accordance with the plan described in subsection (c) of 
        this section to support the efforts of the Government 
        of the Federated States of Micronesia to build 
        effective, accountable and transparent national, state, 
        and local government and other public sector 
        institutions and systems.
          (5) Environment.--United States grant assistance 
        shall be made available in accordance with the plan 
        described in subsection (c) of this section to increase 
        environmental protection; conserve and achieve 
        sustainable use of natural resources; and engage in 
        environmental infrastructure planning, design 
        construction and operation.
          (6) Public infrastructure.--
                  (i) U.S. annual grant assistance shall be 
                made available in accordance with a list of 
                specific projects included in the plan 
                described in subsection (c) of this section to 
                assist the Government of the Federated States 
                of Micronesia in its efforts to provide 
                adequate public infrastructure.
                  (ii) Infrastructure and maintenance Fund.--
                Five percent of the annual public 
                infrastructure grant made available under 
                paragraph (i) of this subsection shall be set 
                aside, with an equal contribution from the 
                Government of the Federated States of 
                Micronesia, as a contribution to an 
                Infrastructure Maintenance Fund (IMF). 
                Administration of the Infrastructure 
                Maintenance Fund shall be governed by the 
                Fiscal Procedures Agreement.
    (b) Humanitarian Assistance.--Federated States of 
Micronesia Program. In recognition of the special development 
needs of the Federated States of Micronesia, the Government of 
the United States shall make available to the Government of the 
Federated States of Micronesia, on its request and to be 
deducted from the grant amount made available under subsection 
(a) of this section, a Humanitarian Assistance - Federated 
States of Micronesia (``HAFSM'') Program with emphasis on 
health, education, and infrastructure (including 
transportation), projects. The terms and conditions of the 
HAFSM shall be set forth in the Agreement Regarding the 
Military Use and Operating Rights of the Government of the 
United States in the Government of the Federated States of 
Micronesia Concluded Pursuant to Sections 321 and 323 of the 
Compact of Free Association, as Amended which shall come into 
effect simultaneously with the amendments to this Compact.
    (c) Development Plan.--The Government of the Federated 
States of Micronesia shall prepare and maintain an official 
overall development plan. The plan shall be strategic in 
nature, shall be continuously reviewed and updated through the 
annual budget process, and shall make projections on a multi-
year rolling basis. Each of the sectors named in subsection (a) 
of this section, or other sectors as mutually agreed, shall be 
accorded specific treatment in the plan. Insofar as grants 
funds are involved, the plan shall be subject to the 
concurrence of the Government of the United States.
    (d) Disaster Assistance Emergency Fund.--An amount of two 
hundred thousand dollars ($200,000) shall be provided annually, 
with an equal contribution from the Government of the Federated 
States of Micronesia, as a contribution to a ``Disaster 
Assistance Emergency Fund (DAEF).'' Any funds from the DAEF may 
be used only for assistance and rehabilitation resulting from 
disasters and emergencies. The funds will be accessed upon 
declaration by the Government of the Federated States of 
Micronesia, with the concurrence of the United States Chief of 
Mission to the Federated States of Micronesia. The 
Administration of the DAEF shall be governed by the Fiscal 
Procedures Agreement.
Section 212 - Accountability
    (a) Regulations and policies normally applicable to United 
States financial assistance to its state and local governments, 
as reflected in the Fiscal Procedures Agreement, shall apply to 
each sector grant described in section 211, and to grants 
administered under section 221 below, except as modified in the 
separate agreements referred to in section 231 of this Compact, 
as amended, or by United States law. The Government of the 
United States, after annual consultations with the Federated 
States of Micronesia, may attach reasonable terms and 
conditions, including annual performance indicators that are 
necessary to ensure effective use of United States assistance 
and reasonable progress toward achieving program objectives. 
The Government of the United States may seek appropriate 
remedies for noncompliance with the terms and conditions 
attached to the assistance, or for failure to comply with 
section 234, including withholding assistance.
    (b) The Government of the United States shall, for each 
fiscal year of the twenty years during which assistance is to 
be provided on a sector grant basis under section 211, grant 
the Government of the Federated States of Micronesia an amount 
equal to the lesser of (i) one half of the reasonable, properly 
documented cost incurred during each fiscal year to conduct the 
annual audit required under Article VIII (2) of the Fiscal 
Procedures Agreement or (ii) $500,000. Such amount will not be 
adjusted for inflation under section 217 or otherwise.
Section 213 - Joint Economic Management Committee
    The Governments of the United States and the Federated 
States of Micronesia shall establish a Joint Economic 
Management Committee, composed of a U.S. chair, two other 
members from the Government of the United States and two 
members from the Government of the Federated States of 
Micronesia. The Joint Economic Management Committee shall meet 
at least once each year to review the audits and reports 
required under this Title, evaluate the progress made by the 
Federated States of Micronesia in meeting the objectives 
identified in its plan described in subsection (c) of section 
211, with particular focus on those parts of the plan dealing 
with the sectors identified in subsection (a) of section 211, 
identify problems encountered, and recommend ways to increase 
the effectiveness of U.S. assistance made available under this 
Title. The establishment and operations of the Joint Economic 
Management Committee shall be governed by the Fiscal Procedures 
Agreement.
Section 214 - Annual Report
    The Government of the Federated States of Micronesia shall 
report annually to the President of the United States on the 
use of United States sector grant assistance and other 
assistance and progress in meeting mutually agreed program and 
economic goals. The Joint Economic Management Committee shall 
review and comment on the report and make appropriate 
recommendations based thereon.
Section 215 - Trust Fund
    (a) The United States shall contribute annually for twenty 
years from the effective date of this Compact, as amended, in 
the amounts set forth in section 216 into a Trust Fund 
established in accordance with the Agreement Between the 
Government of the United States of America and the Government 
of the Federated States of Micronesia Implementing Section 215 
and Section 216 of the Compact, as Amended, Regarding a Trust 
Fund (``Trust Fund Agreement''). Upon termination of the annual 
financial assistance under section 211, the proceeds of the 
fund shall thereafter be used for the purposes described in 
section 211 or as otherwise mutually agreed.
    (b) The United States contribution into the Trust Fund 
described in subsection (a) of this section is conditioned on 
the Government of the Federated States of Micronesia 
contributing to the Trust Fund at least $30 million, prior to 
September 30, 2004. Any funds received by the Federated States 
of Micronesia under section 111 (d) of Public Law 99-239 
(January 14, 1986), or successor provisions, would be 
contributed to the Trust Fund as a Federated States of 
Micronesia contribution.
    (c) The terms regarding the investment and management of 
funds and use of the income of the Trust Fund shall be set 
forth in the separate Trust Fund Agreement described in 
subsection (a) of this section. Funds derived from United 
States investment shall not be subject to Federal or state 
taxes in the United States or the Federated States of 
Micronesia. The Trust Fund Agreement shall also provide for 
annual reports to the Government of the United States and to 
the Government of the Federated States of Micronesia. The Trust 
Fund Agreement shall provide for appropriate distributions of 
trust fund proceeds to the Federated States of Micronesia and 
for appropriate remedies for the failure of the Federated 
States of Micronesia to use income of the Trust Fund for the 
annual grant purposes set forth in section 211. These remedies 
may include the return to the United States of the present 
market value of its contributions to the Trust Fund and the 
present market value of any undistributed income on the 
contributions of the United States. If this Compact, as 
amended, is terminated, the provisions of sections 451 through 
453 of this Compact, as amended, shall govern treatment of any 
U.S. contributions to the Trust Fund or accrued interest 
thereon.
Section 216 - Sector Grant Funding and Trust Fund Contributions
    The funds described in sections 211, 212(b) and 215 shall 
be made available as follows:


                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                         Audit Grant
                     Fiscal year                       Annual Grants   Section 212(b)     Trust Fund      Total
                                                        Section 211    (amount up to)    Section 215
----------------------------------------------------------------------------------------------------------------
2004................................................       76.2              .5               16          92.7
2005................................................       76.2              .5               16          92.7
2006................................................       76.2              .5               16          92.7
2007................................................       75.4              .5              16.8         92.7
2008................................................       74.6              .5              17.6         92.7
2009................................................       73.8              .5              18.4         92.7
2010................................................        73               .5              19.2         92.7
2011................................................       72.2              .5               20          92.7
2012................................................       71.4              .5              20.8         92.7
2013................................................       70.6              .5              21.6         92.7
2014................................................       69.8              .5              22.4         92.7
2015................................................        69               .5              23.2         92.7
2016................................................       68.2              .5               24          92.7
2017................................................       67.4              .5              24.8         92.7
2018................................................       66.6              .5              25.6         92.7
2019................................................       65.8              .5              26.4         92.7
2020................................................        65               .5              27.2         92.7
2021................................................       64.2              .5               28          92.7
2022................................................       63.4              .5              28.8         92.7
2023................................................       62.6              .5              29.6         92.7
----------------------------------------------------------------------------------------------------------------


Section 217 - Inflation Adjustment
    Except for the amounts provided for audits under section 
212(b), the amounts stated in this Title shall be adjusted for 
each United States Fiscal Year by the percent that equals two-
thirds of the percent change in the United States Gross 
Domestic Product Implicit Price Deflator, or 5 percent, 
whichever is less in any one year, using the beginning of 
Fiscal Year 2004 as a base.
Section 218 - Carry-Over of Unused Funds
    If in any year the funds made available by the Government 
of the United States for that year pursuant to this Article are 
not completely obligated by the Government of the Federated 
States of Micronesia, the unobligated balances shall remain 
available in addition to the funds to be provided in subsequent 
years.

                               Article II

                    Services and Program Assistance

Section 221
    (a) Services.--The Government of the United States shall 
make available to the Federated States of Micronesia, in 
accordance with and to the extent provided in the Federal 
Programs and Services Agreement referred to in section 231, the 
services and related programs of:
          (1) the United States Weather Service;
          (2) the United States Postal Service;
          (3) the United States Federal Aviation 
        Administration;
          (4) the United States Department of Transportation;
          (5) the Federal Deposit Insurance Corporation (for 
        the benefit only of the Bank of the Federated States of 
        Micronesia); and
          (6) the Department of Homeland Security, and the 
        United States Agency for International Development, 
        Office of Foreign Disaster Assistance.
Upon the effective date of this Compact, as amended, the United 
States Departments and Agencies named or having responsibility 
to provide these services and related programs shall have the 
authority to implement the relevant provisions of the Federal 
Programs and Services Agreement referred to in section 231.
    (b) Programs.--
          (1) With the exception of the services and programs 
        covered by subsection (a) of this section, and unless 
        the Congress of the United States provides otherwise, 
        the Government of the United States shall make 
        available to the Federated States of Micronesia the 
        services and programs that were available to the 
        Federated States of Micronesia on the effective date of 
        this Compact, as amended, to the extent that such 
        services and programs continue to be available to State 
        and local governments of the United States. As set 
        forth in the Fiscal Procedures Agreement, funds 
        provided under subsection (a) of section 211 will be 
        considered to be local revenues of the Government of 
        the Federated States of Micronesia when used as the 
        local share required to obtain Federal programs and 
        services.
          (2) Unless provided otherwise by U.S. law, the 
        services and programs described in paragraph (1) of 
        this subsection shall be extended in accordance with 
        the terms of the Federal Programs and Services 
        Agreement referred to in section 231.
    (c) The Government of the United States shall have and 
exercise such authority as is necessary to carry out its 
responsibilities under this Title and the separate agreements 
referred to in amended section 231, including the authority to 
monitor and administer all service and program assistance 
provided by the United States to the Federated States of 
Micronesia. The Federal Programs and Services Agreement 
referred to in amended section 231 shall also set forth the 
extent to which services and programs shall be provided to the 
Federated States of Micronesia.
    (d) Except as provided elsewhere in this Compact, as 
amended, under any separate agreement entered into under this 
Compact, as amended, or otherwise under U.S. law, all Federal 
domestic programs extended to or operating in the Federated 
States of Micronesia shall be subject to all applicable 
criteria, standards, reporting requirements, auditing 
procedures, and other rules and regulations applicable to such 
programs and services when operating in the United States.
    (e) The Government of the United States shall make 
available to the Federated States of Micronesia alternate 
energy development projects, studies, and conservation measures 
to the extent provided for the Freely Associated States in the 
laws of the United States.
Section 222
    The Government of the United States and the Government of 
the Federated States of Micronesia may agree from time to time 
to extend to the Federated States of Micronesia additional 
United States grant assistance, services and programs, as 
provided under the laws of the United States. Unless 
inconsistent with such laws, or otherwise specifically 
precluded by the Government of the United States at the time 
such additional grant assistance, services, or programs are 
extended, the Federal Programs and Services Agreement referred 
to section 231 shall apply to any such assistance, services or 
programs.
Section 223
    The Government of the Federated States of Micronesia shall 
make available to the Government of the United States at no 
cost such land as may be necessary for the operations of the 
services and programs provided pursuant to this Article, and 
such facilities as are provided by the Government of the 
Federated States of Micronesia at no cost to the Government of 
the United States as of the effective date of this Compact, as 
amended, or as may be mutually agreed thereafter.
Section 224
    The Government of the Federated States of Micronesia may 
request, from time to time, technical assistance from the 
Federal agencies and institutions of the Government of the 
United States, which are authorized to grant such technical 
assistance in accordance with its laws. If technical assistance 
is granted pursuant to such a request, the Government of the 
United States shall provide the technical assistance in a 
manner which gives priority consideration to the Federated 
States of Micronesia over other recipients not a part of the 
United States, its territories or possessions, and equivalent 
consideration to the Federated States of Micronesia with 
respect to other states in Free Association with the United 
States. Such assistance shall be made available on a 
reimbursable or non-reimbursable basis to the extent provided 
by United States law.

                              Article III

                       Administrative Provisions

Section 231
    The specific nature, extent and contractual arrangements of 
the services and programs provided for in section 221 of this 
Compact, as amended, as well as the legal status of agencies of 
the Government of the United States, their civilian employees 
and contractors, and the dependents of such personnel while 
present in the Federated States of Micronesia, and other 
arrangements in connection with the assistance, services, or 
programs furnished by the Government of the United States, are 
set forth in a Federal Programs and Services Agreement which 
shall come into effect simultaneously with this Compact, as 
amended.
Section 232
    The Government of the United States, in consultation with 
the Government of the Federated States of Micronesia, shall 
determine and implement procedures for the periodic audit of 
all grants and other assistance made under Article I of this 
Title and of all funds expended for the services and programs 
provided under Article II of this Title. Further, in accordance 
with the Fiscal Procedures Agreement described in subsection 
(a) of section 211, the Comptroller General of the United 
States shall have such powers and authorities as described in 
sections 102 (c) and 110 (c) of Public Law 99-239, 99 Stat. 
1777-78, and 99 Stat. 1799 (January 14, 1986).
Section 233
    Approval of this Compact, as amended, by the Government of 
the United States, in accordance with its constitutional 
processes, shall constitute a pledge by the United States that 
the sums and amounts specified as sector grants in section 211 
of this Compact, as amended, shall be appropriated and paid to 
the Federated States of Micronesia for such period as those 
provisions of this Compact, as amended, remain in force, 
subject to the terms and conditions of this Title and related 
subsidiary agreements.
Section 234
    The Government of the Federated States of Micronesia 
pledges to cooperate with, permit, and assist if reasonably 
requested, designated and authorized representatives of the 
Government of the United States charged with investigating 
whether Compact funds, or any other assistance authorized under 
this Compact, as amended, have, or are being, used for purposes 
other than those set forth in this Compact, as amended, or its 
subsidiary agreements. In carrying out this investigative 
authority, such United States Government representatives may 
request that the Government of the Federated States of 
Micronesia subpoena documents and records and compel testimony 
in accordance with the laws and Constitution of the Federated 
States of Micronesia. Such assistance by the Government of the 
Federated States of Micronesia to the Government of the United 
States shall not be unreasonably withheld. The obligation of 
the Government of the Federated States of Micronesia to fulfill 
its pledge herein is a condition to its receiving payment of 
such funds or other assistance authorized under this Compact, 
as amended. The Government of the United States shall pay any 
reasonable costs for extraordinary services executed by the 
Government of the Federated States of Micronesia in carrying 
out the provisions of this section.

                               Article IV

                                 Trade

Section 241
    The Federated States of Micronesia is not included in the 
customs territory of the United States.
Section 242
    The President shall proclaim the following tariff treatment 
for articles imported from the Federated States of Micronesia 
which shall apply during the period of effectiveness of this 
title:
          (a) Unless otherwise excluded, articles imported from 
        the Federated States of Micronesia, subject to the 
        limitations imposed under section 503(b) of title V of 
        the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be 
        exempt from duty.
          (b) Only tuna in airtight containers provided for in 
        heading 1604.14.22 of the Harmonized Tariff Schedule of 
        the United States that is imported from the Federated 
        States of Micronesia and the Republic of the Marshall 
        Islands during any calendar year not to exceed 10 
        percent of apparent United States consumption of tuna 
        in airtight containers during the immediately preceding 
        calendar year, as reported by the National Marine 
        Fisheries Service, shall be exempt from duty; but the 
        quantity of tuna given duty-free treatment under this 
        paragraph for any calendar year shall be counted 
        against the aggregated quantity of tuna in airtight 
        containers that is dutiable under rate column numbered 
        1 of such heading 1604.14.22 for that calendar year.
          (c) The duty-free treatment provided under subsection 
        (a) shall not apply to--
                  (1) watches, clocks, and timing apparatus 
                provided for in Chapter 91, excluding heading 
                9113, of the Harmonized Tariff Schedule of the 
                United States;
                  (2) buttons (whether finished or not 
                finished) provided for in items 9606.21.40 and 
                9606.29.20 of such Schedule;
                  (3) textile and apparel articles which are 
                subject to textile agreements; and
                  (4) footwear, handbags, luggage, flat goods, 
                work gloves, and leather wearing apparel which 
                were not eligible articles for purposes of 
                title V of the Trade Act of 1974 (19 U.S.C. 
                2461, et seq.) on April 1, 1984.
          (d) If the cost or value of materials produced in the 
        customs territory of the United States is included with 
        respect to an eligible article which is a product of 
        the Federated States of Micronesia, an amount not to 
        exceed 15 percent of the appraised value of the article 
        at the time it is entered that is attributable to such 
        United States cost or value may be applied for duty 
        assessment purposes toward determining the percentage 
        referred to in section 503(a)(2) of title V of the 
        Trade Act of 1974.
Section 243
    Articles imported from the Federated States of Micronesia 
which are not exempt from duty under subsections (a), (b), (c), 
and (d) of section 242 shall be subject to the rates of duty 
set forth in column numbered 1-general of the Harmonized Tariff 
Schedule of the United States (HTSUS).
Section 244
    (a) All products of the United States imported into the 
Federated States of Micronesia shall receive treatment no less 
favorable than that accorded like products of any foreign 
country with respect to customs duties or charges of a similar 
nature and with respect to laws and regulations relating to 
importation, exportation, taxation, sale, distribution, storage 
or use.
    (b) The provisions of subsection (a) shall not apply to 
advantages accorded by the Federated States of Micronesia by 
virtue of their full membership in the Pacific Island Countries 
Trade Agreement (PICTA), done on August 18, 2001, to those 
governments listed in Article 26 of PICTA, as of the date the 
Compact, as amended, is signed.
    (c) Prior to entering into consultations on, or concluding, 
a free trade agreement with governments not listed in Article 
26 of PICTA, the Federated States of Micronesia shall consult 
with the United States regarding whether or how subsection (a) 
of section 244 shall be applied.

                               Article V

                          Finance and Taxation

Section 251
    The currency of the United States is the official 
circulating legal tender of the Federated States of Micronesia. 
Should the Government of the Federated States of Micronesia act 
to institute another currency, the terms of an appropriate 
currency transitional period shall be as agreed with the 
Government of the United States.
Section 252
    The Government of the Federated States of Micronesia may, 
with respect to United States persons, tax income derived from 
sources within its respective jurisdiction, property situated 
therein, including transfers of such property by gift or at 
death, and products consumed therein, in such manner as the 
Government of the Federated States of Micronesia deems 
appropriate. The determination of the source of any income, or 
the situs of any property, shall for purposes of this Compact 
be made according to the United States Internal Revenue Code.
Section 253
    A citizen of the Federated States of Micronesia, domiciled 
therein, shall be exempt from estate, gift, and generation-
skipping transfer taxes imposed by the Government of the United 
States, provided that such citizen of the Federated States of 
Micronesia is neither a citizen nor a resident of the United 
States.
Section 254
    (a) In determining any income tax imposed by the Government 
of the Federated States of Micronesia, the Government of the 
Federated States of Micronesia shall have authority to impose 
tax upon income derived by a resident of the Federated States 
of Micronesia from sources without the Federated States of 
Micronesia, in the same manner and to the same extent as the 
Government of the Federated States of Micronesia imposes tax 
upon income derived from within its own jurisdiction. If the 
Government of the Federated States of Micronesia exercises such 
authority as provided in this subsection, any individual 
resident of the Federated States of Micronesia who is subject 
to tax by the Government of the United States on income which 
is also taxed by the Government of the Federated States of 
Micronesia shall be relieved of liability to the Government of 
the United States for the tax which, but for this subsection, 
would otherwise be imposed by the Government of the United 
States on such income. However, the relief from liability to 
the United States Government referred to in the preceding 
sentence means only relief in the form of the foreign tax 
credit (or deduction in lieu thereof) available with respect to 
the income taxes of a possession of the United States, and 
relief in the form of the exclusion under section 911 of the 
Internal Revenue Code of 1986. For purposes of this section, 
the term ``resident of the Federated States of Micronesia'' 
shall be deemed to include any person who was physically 
present in the Federated States of Micronesia for a period of 
183 or more days during any taxable year.
    (b) If the Government of the Federated States of Micronesia 
subjects income to taxation substantially similar to that 
imposed by the Trust Territory Code in effect on January 1, 
1980, such Government shall be deemed to have exercised the 
authority described in section 254(a).
Section 255
    For purposes of section 274(h)(3)(A) of the United States 
Internal Revenue Code of 1986, the term ``North American Area'' 
shall include the Federated States of Micronesia.

                              TITLE THREE

                     SECURITY AND DEFENSE RELATIONS

                               Article I

                      Authority and Responsibility

Section 311
    (a) The Government of the United States has full authority 
and responsibility for security and defense matters in or 
relating to the Federated States of Micronesia.
    (b) This authority and responsibility includes:
          (1) the obligation to defend the Federated States of 
        Micronesia and its people from attack or threats 
        thereof as the United States and its citizens are 
        defended;
          (2) the option to foreclose access to or use of the 
        Federated States of Micronesia by military personnel or 
        for the military purposes of any third country; and
          (3) the option to establish and use military areas 
        and facilities in the Federated States of Micronesia, 
        subject to the terms of the separate agreements 
        referred to in sections 321 and 323.
    (c) The Government of the United States confirms that it 
shall act in accordance with the principles of international 
law and the Charter of the United Nations in the exercise of 
this authority and responsibility.
Section 312
    Subject to the terms of any agreements negotiated in 
accordance with sections 321 and 323, the Government of the 
United States may conduct within the lands, waters and airspace 
of the Federated States of Micronesia the activities and 
operations necessary for the exercise of its authority and 
responsibility under this Title.
Section 313
    (a) The Government of the Federated States of Micronesia 
shall refrain from actions that the Government of the United 
States determines, after appropriate consultation with that 
Government, to be incompatible with its authority and 
responsibility for security and defense matters in or relating 
to the Federated States of Micronesia.
    (b) The consultations referred to in this section shall be 
conducted expeditiously at senior levels of the two 
Governments, and the subsequent determination by the Government 
of the United States referred to in this section shall be made 
only at senior interagency levels of the Government of the 
United States.
    (c) The Government of the Federated States of Micronesia 
shall be afforded, on an expeditious basis, an opportunity to 
raise its concerns with the United States Secretary of State 
personally and the United States Secretary of Defense 
personally regarding any determination made in accordance with 
this section.
Section 314
    (a) Unless otherwise agreed, the Government of the United 
States shall not, in the Federated States of Micronesia:
          (1) test by detonation or dispose of any nuclear 
        weapon, nor test, dispose of, or discharge any toxic 
        chemical or biological weapon; or
          (2) test, dispose of, or discharge any other 
        radioactive, toxic chemical or biological materials in 
        an amount or manner which would be hazardous to public 
        health or safety.
    (b) Unless otherwise agreed, other than for transit or 
overflight purposes or during time of a national emergency 
declared by the President of the United States, a state of war 
declared by the Congress of the United States or as necessary 
to defend against an actual or impending armed attack on the 
United States, the Federated States of Micronesia or the 
Republic of the Marshall Islands, the Government of the United 
States shall not store in the Federated States of Micronesia or 
the Republic of the Marshall Islands any toxic chemical weapon, 
nor any radioactive materials nor any toxic chemical materials 
intended for weapons use.
    (c) Radioactive, toxic chemical, or biological materials 
not intended for weapons use shall not be affected by section 
314(b).
    (d) No material or substance referred to in this section 
shall be stored in the Federated States of Micronesia except in 
an amount and manner which would not be hazardous to public 
health or safety. In determining what shall be an amount or 
manner which would be hazardous to public health or safety 
under this section, the Government of the United States shall 
comply with any applicable mutual agreement, international 
guidelines accepted by the Government of the United States, and 
the laws of the United States and their implementing 
regulations.
    (e) Any exercise of the exemption authority set forth in 
section 161(e) shall have no effect on the obligations of the 
Government of the United States under this section or on the 
application of this subsection.
    (f) The provisions of this section shall apply in the areas 
in which the Government of the Federated States of Micronesia 
exercises jurisdiction over the living resources of the seabed, 
subsoil or water column adjacent to its coasts.
Section 315
    The Government of the United States may invite members of 
the armed forces of other countries to use military areas and 
facilities in the Federated States of Micronesia, in 
conjunction with and under the control of United States Armed 
Forces. Use by units of the armed forces of other countries of 
such military areas and facilities, other than for transit and 
overflight purposes, shall be subject to consultation with and, 
in the case of major units, approval of the Government of the 
Federated States of Micronesia.
Section 316
    The authority and responsibility of the Government of the 
United States under this Title may not be transferred or 
otherwise assigned.

                               Article II

                Defense Facilities and Operating Rights

Section 321
    (a) Specific arrangements for the establishment and use by 
the Government of the United States of military areas and 
facilities in the Federated States of Micronesia are set forth 
in separate agreements, which shall remain in effect in 
accordance with the terms of such agreements.
    (b) If, in the exercise of its authority and responsibility 
under this Title, the Government of the United States requires 
the use of areas within the Federated States of Micronesia in 
addition to those for which specific arrangements are concluded 
pursuant to section 321(a), it may request the Government of 
the Federated States of Micronesia to satisfy those 
requirements through leases or other arrangements. The 
Government of the Federated States of Micronesia shall 
sympathetically consider any such request and shall establish 
suitable procedures to discuss it with and provide a prompt 
response to the Government of the United States.
    (c) The Government of the United States recognizes and 
respects the scarcity and special importance of land in the 
Federated States of Micronesia. In making any requests pursuant 
to section 321(b), the Government of the United States shall 
follow the policy of requesting the minimum area necessary to 
accomplish the required security and defense purpose, of 
requesting only the minimum interest in real property necessary 
to support such purpose, and of requesting first to satisfy its 
requirement through public real property, where available, 
rather than through private real property.
Section 322
    The Government of the United States shall provide and 
maintain fixed and floating aids to navigation in the Federated 
States of Micronesia at least to the extent necessary for the 
exercise of its authority and responsibility under this Title.
Section 323
    The military operating rights of the Government of the 
United States and the legal status and contractual arrangements 
of the United States Armed Forces, their members, and 
associated civilians, while present in the Federated States of 
Micronesia are set forth in separate agreements, which shall 
remain in effect in accordance with the terms of such 
agreements.

                              Article III

         Defense Treaties and International Security Agreements

Section 331
    Subject to the terms of this Compact, as amended, and its 
related agreements, the Government of the United States, 
exclusively, has assumed and enjoys, as to the Federated States 
of Micronesia, all obligations, responsibilities, rights and 
benefits of:
    (a) Any defense treaty or other international security 
agreement applied by the Government of the United States as 
Administering Authority of the Trust Territory of the Pacific 
Islands as of November 2, 1986.
    (b) Any defense treaty or other international security 
agreement to which the Government of the United States is or 
may become a party which it determines to be applicable in the 
Federated States of Micronesia. Such a determination by the 
Government of the United States shall be preceded by 
appropriate consultation with the Government of the Federated 
States of Micronesia.

                               Article IV

              Service in Armed Forces of the United States

Section 341
    Any person entitled to the privileges set forth in Section 
141 (with the exception of any person described in section 
141(a)(5) who is not a citizen of the Federated States of 
Micronesia) shall be eligible to volunteer for service in the 
Armed Forces of the United States, but shall not be subject to 
involuntary induction into military service of the United 
States as long as such person has resided in the United States 
for a period of less than one year, provided that no time shall 
count towards this one year while a person admitted to the 
United States under the Compact, or the Compact, as amended, is 
engaged in full-time study in the United States. Any person 
described in section 141(a)(5) who is not a citizen of the 
Federated States of Micronesia shall be subject to United 
States laws relating to selective service.
Section 342
    The Government of the United States shall have enrolled, at 
any one time, at least one qualified student from the Federated 
States of Micronesia, as may be nominated by the Government of 
the Federated States of Micronesia, in each of:
    (a) The United States Coast Guard Academy pursuant to 14 
U.S.C. 195.
    (b) The United States Merchant Marine Academy pursuant to 
46 U.S.C. 1295(b)(6), provided that the provisions of 46 U.S.C. 
1295b(b)(6)(C) shall not apply to the enrollment of students 
pursuant to section 342(b) of this Compact, as amended.

                               Article V

                           General Provisions

Section 351
    (a) The Government of the United States and the Government 
of the Federated States of Micronesia shall continue to 
maintain a Joint Committee empowered to consider disputes 
arising under the implementation of this Title and its related 
agreements.
    (b) The membership of the Joint Committee shall comprise 
selected senior officials of the two Governments. The senior 
United States military commander in the Pacific area shall be 
the senior United States member of the Joint Committee. For the 
meetings of the Joint Committee, each of the two Governments 
may designate additional or alternate representatives as 
appropriate for the subject matter under consideration.
    (c) Unless otherwise mutually agreed, the Joint Committee 
shall meet annually at a time and place to be designated, after 
appropriate consultation, by the Government of the United 
States. The Joint Committee also shall meet promptly upon 
request of either of its members. The Joint Committee shall 
follow such procedures, including the establishment of 
functional subcommittees, as the members may from time to time 
agree. Upon notification by the Government of the United 
States, the Joint Committee of the United States and the 
Federated States of Micronesia shall meet promptly in a 
combined session with the Joint Committee established and 
maintained by the Government of the United States and the 
Republic of the Marshall Islands to consider matters within the 
jurisdiction of the two Joint Committees.
    (d) Unresolved issues in the Joint Committee shall be 
referred to the Governments for resolution, and the Government 
of the Federated States of Micronesia shall be afforded, on an 
expeditious basis, an opportunity to raise its concerns with 
the United States Secretary of Defense personally regarding any 
unresolved issue which threatens its continued association with 
the Government of the United States.
Section 352
    In the exercise of its authority and responsibility under 
Title Three, the Government of the United States shall accord 
due respect to the authority and responsibility of the 
Government of the Federated States of Micronesia under Titles 
One, Two and Four and to the responsibility of the Government 
of the Federated States of Micronesia to assure the well-being 
of its people.
Section 353
    (a) The Government of the United States shall not include 
the Government of the Federated States of Micronesia as a named 
party to a formal declaration of war, without that Government's 
consent.
    (b) Absent such consent, this Compact, as amended, is 
without prejudice, on the ground of belligerence or the 
existence of a state of war, to any claims for damages which 
are advanced by the citizens, nationals or Government of the 
Federated States of Micronesia, which arise out of armed 
conflict subsequent to November 3, 1986, and which are:
          (1) petitions to the Government of the United States 
        for redress; or
          (2) claims in any manner against the government, 
        citizens, nationals or entities of any third country.
    (c) Petitions under section 353(b)(1) shall be treated as 
if they were made by citizens of the United States.
Section 354
    (a) The Government of the United States and the Government 
of the Federated States of Micronesia are jointly committed to 
continue their security and defense relations, as set forth in 
this Title. Accordingly, it is the intention of the two 
countries that the provisions of this Title shall remain 
binding as long as this Compact, as amended, remains in effect, 
and thereafter as mutually agreed, unless earlier terminated by 
mutual agreement pursuant to section 441, or amended pursuant 
to Article III of Title Four. If at any time the Government of 
the United States, or the Government of the Federated States of 
Micronesia, acting unilaterally, terminates this Title, such 
unilateral termination shall be considered to be termination of 
the entire Compact, in which case the provisions of section 442 
and 452 (in the case of termination by the Government of the 
United States) or sections 443 and 453 (in the case of 
termination by the Government of the Federated States of 
Micronesia), with the exception of paragraph (3) of subsection 
(a) of section 452 or paragraph (3) of subsection (a) of 
section 453, as the case may be, shall apply.
    (b) The Government of the United States recognizes, in view 
of the special relationship between the Government of the 
United States and the Government of the Federated States of 
Micronesia, and in view of the existence of the separate 
agreement regarding mutual security concluded with the 
Government of the Federated States of Micronesia pursuant to 
sections 321 and 323, that, even if this Title should 
terminate, any attack on the Federated States of Micronesia 
during the period in which such separate agreement is in 
effect, would constitute a threat to the peace and security of 
the entire region and a danger to the United States. In the 
event of such an attack, the Government of the United States 
would take action to meet the danger to the United States and 
to the Federated States of Micronesia in accordance with its 
constitutional processes.
    (c) As reflected in Article 21(1)(b) of the Trust Fund 
Agreement, the Government of the United States and the 
Government of the Federated States of Micronesia further 
recognize, in view of the special relationship between their 
countries, that even if this Title should terminate, the 
Government of the Federated States of Micronesia shall refrain 
from actions which the Government of the United States 
determines, after appropriate consultation with that 
Government, to be incompatible with its authority and 
responsibility for security and defense matters in or relating 
to the Federated States of Micronesia or the Republic of the 
Marshall Islands.

                               TITLE FOUR

                           GENERAL PROVISIONS

                               Article I

                      Approval and Effective Date

Section 411
    Pursuant to section 432 of the Compact and subject to 
subsection (e) of section 461 of the Compact, as amended, the 
Compact, as amended, shall come into effect upon mutual 
agreement between the Government of the United States and the 
Government of the Federated States of Micronesia subsequent to 
completion of the following:
          (a) Approval by the Government of the Federated 
        States of Micronesia in accordance with its 
        constitutional processes.
          (b) Approval by the Government of the United States 
        in accordance with its constitutional processes.

                               Article II

                   Conference and Dispute Resolution

Section 421
    The Government of the United States shall confer promptly 
at the request of the Government of the Federated States of 
Micronesia and that Government shall confer promptly at the 
request of the Government of the United States on matters 
relating to the provisions of this Compact, as amended, or of 
its related agreements.
Section 422
    In the event the Government of the United States or the 
Government of the Federated States of Micronesia, after 
conferring pursuant to section 421, determines that there is a 
dispute and gives written notice thereof, the two Governments 
shall make a good faith effort to resolve the dispute between 
themselves.
Section 423
    If a dispute between the Government of the United States 
and the Government of the Federated States of Micronesia cannot 
be resolved within 90 days of written notification in the 
manner provided in section 422, either party to the dispute may 
refer it to arbitration in accordance with section 424.
Section 424
    Should a dispute be referred to arbitration as provided for 
in section 423, an Arbitration Board shall be established for 
the purpose of hearing the dispute and rendering a decision 
which shall be binding upon the two parties to the dispute 
unless the two parties mutually agree that the decision shall 
be advisory. Arbitration shall occur according to the following 
terms:
          (a) An Arbitration Board shall consist of a Chairman 
        and two other members, each of whom shall be a citizen 
        of a party to the dispute. Each of the two Governments 
        which is a party to the dispute shall appoint one 
        member to the Arbitration Board. If either party to the 
        dispute does not fulfill the appointment requirements 
        of this section within 30 days of referral of the 
        dispute to arbitration pursuant to section 423, its 
        member on the Arbitration Board shall be selected from 
        its own standing list by the other party to the 
        dispute. Each Government shall maintain a standing list 
        of 10 candidates. The parties to the dispute shall 
        jointly appoint a Chairman within 15 days after 
        selection of the other members of the Arbitration 
        Board. Failing agreement on a Chairman, the Chairman 
        shall be chosen by lot from the standing lists of the 
        parties to the dispute within 5 days after such 
        failure.
          (b) Unless otherwise provided in this Compact, as 
        amended, or its related agreements, the Arbitration 
        Board shall have jurisdiction to hear and render its 
        final determination on all disputes arising exclusively 
        under Articles I, II, III, IV and V of Title One, Title 
        Two, Title Four, and their related agreements.
          (c) Each member of the Arbitration Board shall have 
        one vote. Each decision of the Arbitration Board shall 
        be reached by majority vote.
          (d) In determining any legal issue, the Arbitration 
        Board may have reference to international law and, in 
        such reference, shall apply as guidelines the 
        provisions set forth in Article 38 of the Statute of 
        the International Court of Justice.
          (e) The Arbitration Board shall adopt such rules for 
        its proceedings as it may deem appropriate and 
        necessary, but such rules shall not contravene the 
        provisions of this Compact, as amended. Unless the 
        parties provide otherwise by mutual agreement, the 
        Arbitration Board shall endeavor to render its decision 
        within 30 days after the conclusion of arguments. The 
        Arbitration Board shall make findings of fact and 
        conclusions of law and its members may issue dissenting 
        or individual opinions. Except as may be otherwise 
        decided by the Arbitration Board, one-half of all costs 
        of the arbitration shall be borne by the Government of 
        the United States and the remainder shall be borne by 
        the Government of the Federated States of Micronesia.

                              Article III

                               Amendment

Section 431
    The provisions of this Compact, as amended, may be further 
amended by mutual agreement of the Government of the United 
States and the Government of the Federated States of 
Micronesia, in accordance with their respective constitutional 
processes.

                               Article IV

                              Termination

Section 441
    This Compact, as amended, may be terminated by mutual 
agreement of the Government of the Federated States of 
Micronesia and the Government of the United States, in 
accordance with their respective constitutional processes. Such 
mutual termination of this Compact, as amended, shall be 
without prejudice to the continued application of section 451 
of this Compact, as amended, and the provisions of the Compact, 
as amended, set forth therein.
Section 442
    Subject to section 452, this Compact, as amended, may be 
terminated by the Government of the United States in accordance 
with its constitutional processes. Such termination shall be 
effective on the date specified in the notice of termination by 
the Government of the United States but not earlier than six 
months following delivery of such notice. The time specified in 
the notice of termination may be extended. Such termination of 
this Compact, as amended, shall be without prejudice to the 
continued application of section 452 of this Compact, as 
amended, and the provisions of the Compact, as amended, set 
forth therein.
Section 443
    This Compact, as amended, shall be terminated by the 
Government of the Federated States of Micronesia, pursuant to 
its constitutional processes, subject to section 453 if the 
people represented by that Government vote in a plebiscite to 
terminate the Compact, as amended, or by another process 
permitted by the FSM constitution and mutually agreed between 
the Governments of the United States and the Federated States 
of Micronesia. The Government of the Federated States of 
Micronesia shall notify the Government of the United States of 
its intention to call such a plebiscite, or to pursue another 
mutually agreed and constitutional process, which plebiscite or 
process shall take place not earlier than three months after 
delivery of such notice. The plebiscite or other process shall 
be administered by the Government of the Federated States of 
Micronesia in accordance with its constitutional and 
legislative processes. If a majority of the valid ballots cast 
in the plebiscite or other process favors termination, the 
Government of the Federated States of Micronesia shall, upon 
certification of the results of the plebiscite or other 
process, give notice of termination to the Government of the 
United States, such termination to be effective on the date 
specified in such notice but not earlier than three months 
following the date of delivery of such notice. The time 
specified in the notice of termination may be extended.

                               Article V

                             Survivability

Section 451
    (a) Should termination occur pursuant to section 441, 
economic and other assistance by the Government of the United 
States shall continue only if and as mutually agreed by the 
Governments of the United States and the Federated States of 
Micronesia, and in accordance with the parties' respective 
constitutional processes.
    (b) In view of the special relationship of the United 
States and the Federated States of Micronesia, as reflected in 
subsections (b) and (c) of section 354 of this Compact, as 
amended, and the separate agreement entered into consistent 
with those subsections, if termination occurs pursuant to 
section 441 prior to the twentieth anniversary of the effective 
date of this Compact, as amended, the United States shall 
continue to make contributions to the Trust Fund described in 
section 215 of this Compact, as amended.
    (c) In view of the special relationship of the United 
States and the Federated States of Micronesia described in 
subsection (b) of this section, if termination occurs pursuant 
to section 441 following the twentieth anniversary of the 
effective date of this Compact, as amended, the Federated 
States of Micronesia shall be entitled to receive proceeds from 
the Trust Fund described in section 215 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement governing the distribution of such 
proceeds.
Section 452
    (a) Should termination occur pursuant to section 442 prior 
to the twentieth anniversary of the effective date of this 
Compact, as amended, the following provisions of this Compact, 
as amended, shall remain in full force and effect until the 
twentieth anniversary of the effective date of this Compact, as 
amended, and thereafter as mutually agreed:
          (1) Article VI and sections 172, 173, 176 and 177 of 
        Title One;
          (2) Sections 232 and 234 of Title Two;
          (3) Title Three; and
          (4) Articles II, III, V and VI of Title Four.
    (b) Should termination occur pursuant to section 442 before 
the twentieth anniversary of the effective date of the Compact, 
as amended:
          (1) Except as provided in paragraph (2) of this 
        subsection and subsection (c) of this section, economic 
        and other assistance by the United States shall 
        continue only if and as mutually agreed by the 
        Governments of the United States and the Federated 
        States of Micronesia.
          (2) In view of the special relationship of the United 
        States and the Federated States of Micronesia, as 
        reflected in subsections (b) and (c) of section 354 of 
        this Compact, as amended, and the separate agreement 
        regarding mutual security, and the Trust Fund 
        Agreement, the United States shall continue to make 
        contributions to the Trust Fund described in section 
        215 of this Compact, as amended, in the manner 
        described in the Trust Fund Agreement.
    (c) In view of the special relationship of the United 
States and the Federated States of Micronesia, as reflected in 
subsections 354(b) and (c) of this Compact, as amended, and the 
separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 442 
following the twentieth anniversary of the effective date of 
this Compact, as amended, the Federated States of Micronesia 
shall continue to be eligible to receive proceeds from the 
Trust Fund described in section 215 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement.
Section 453
    (a) Should termination occur pursuant to section 443 prior 
to the twentieth anniversary of the effective date of this 
Compact, as amended, the following provisions of this Compact, 
as amended, shall remain in full force and effect until the 
twentieth anniversary of the effective date of this Compact, as 
amended, and thereafter as mutually agreed:
          (1) Article VI and sections 172, 173, 176 and 177 of 
        Title One;
          (2) Sections 232 and 234 of Title Two;
          (3) Title Three; and
          (4) Articles II, III, V and VI of Title Four.
    (b) Upon receipt of notice of termination pursuant to 
section 443, the Government of the United States and the 
Government of the Federated States of Micronesia shall promptly 
consult with regard to their future relationship. Except as 
provided in subsection (c) and (d) of this section, these 
consultations shall determine the level of economic and other 
assistance, if any, which the Government of the United States 
shall provide to the Government of the Federated States of 
Micronesia for the period ending on the twentieth anniversary 
of the effective date of this Compact, as amended, and for any 
period thereafter, if mutually agreed.
    (c) In view of the special relationship of the United 
States and the Federated States of Micronesia, as reflected in 
subsections 354(b) and (c) of this Compact, as amended, and the 
separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 443 
prior to the twentieth anniversary of the effective date of 
this Compact, as amended, the United States shall continue to 
make contributions to the Trust Fund described in section 215 
of this Compact, as amended, in the manner described in the 
Trust Fund Agreement.
    (d) In view of the special relationship of the United 
States and the Federated States of Micronesia, as reflected in 
subsections 354(b) and (c) of this Compact, as amended, and the 
separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 443 
following the twentieth anniversary of the effective date of 
this Compact, as amended, the Federated States of Micronesia 
shall continue to be eligible to receive proceeds from the 
Trust Fund described in section 215 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement.
Section 454
    Notwithstanding any other provision of this Compact, as 
amended:
          (a) The Government of the United States reaffirms its 
        continuing interest in promoting the economic 
        advancement and budgetary self-reliance of the people 
        of the Federated States of Micronesia.
          (b) The separate agreements referred to in Article II 
        of Title Three shall remain in effect in accordance 
        with their terms.

                               Article VI

                          Definition of Terms

Section 461
    For the purpose of this Compact, as amended, only, and 
without prejudice to the views of the Government of the United 
States or the Government of the Federated States of Micronesia 
as to the nature and extent of the jurisdiction of either of 
them under international law, the following terms shall have 
the following meanings:
          (a) ``Trust Territory of the Pacific Islands'' means 
        the area established in the Trusteeship Agreement 
        consisting of the former administrative districts of 
        Kosrae, Yap, Ponape, the Marshall Islands and Truk as 
        described in Title One, Trust Territory Code, section 
        1, in force on January 1, 1979. This term does not 
        include the area of Palau or the Northern Mariana 
        Islands.
          (b) ``Trusteeship Agreement'' means the agreement 
        setting forth the terms of trusteeship for the Trust 
        Territory of the Pacific Islands, approved by the 
        Security Council of the United Nations April 2, 1947, 
        and by the United States July 18, 1947, entered into 
        force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 
        U.N.T.S. 189.
           (c) ``The Federated States of Micronesia'' and ``the 
        Republic of the Marshall Islands'' are used in a 
        geographic sense and include the land and water areas 
        to the outer limits of the territorial sea and the air 
        space above such areas as now or hereafter recognized 
        by the Government of the United States.
          (d) ``Compact'' means the Compact of Free Association 
        Between the United States and the Federated States of 
        Micronesia and the Marshall Islands, that was approved 
        by the United States Congress in section 201 of Public 
        Law 99-239 (Jan. 14, 1986) and went into effect with 
        respect to the Federated States of Micronesia on 
        November 3, 1986.
          (e) ``Compact, as amended'' means the Compact of Free 
        Association Between the United States and the Federated 
        States of Micronesia, as amended. The effective date of 
        the Compact, as amended, shall be on a date to be 
        determined by the President of the United States, and 
        agreed to by the Government of the Federated States of 
        Micronesia, following formal approval of the Compact, 
        as amended, in accordance with section 411 of this 
        Compact, as amended.
          (f) ``Government of the Federated States of 
        Micronesia'' means the Government established and 
        organized by the Constitution of the Federated States 
        of Micronesia including all the political subdivisions 
        and entities comprising that Government.
          (g) ``Government of the Republic of the Marshall 
        Islands'' means the Government established and 
        organized by the Constitution of the Republic of the 
        Marshall Islands including all the political 
        subdivisions and entities comprising that Government.
          (h) The following terms shall be defined consistent 
        with the 1998 Edition of the Radio Regulations of the 
        International Telecommunications Union as follows:
                  (1) ``Radiocommunication'' means 
                telecommunication by means of radio waves.
                  (2) ``Station'' means one or more 
                transmitters or receivers or a combination of 
                transmitters and receivers, including the 
                accessory equipment, necessary at one location 
                for carrying on a radiocommunication service, 
                or the radio astronomy service.
                  (3) ``Broadcasting Service'' means a 
                radiocommunication service in which the 
                transmissions are intended for direct reception 
                by the general public. This service may include 
                sound transmissions, television transmissions 
                or other types of transmission.
                  (4) ``Broadcasting Station'' means a station 
                in the broadcasting service.
                  (5) ``Assignment (of a radio frequency or 
                radio frequency channel)'' means an 
                authorization given by an administration for a 
                radio station to use a radio frequency or radio 
                frequency channel under specified conditions.
                  (6) ``Telecommunication'' means any 
                transmission, emission or reception of signs, 
                signals, writings, images and sounds or 
                intelligence of any nature by wire, radio, 
                optical or other electromagnetic systems.
          (i) ``Military Areas and Facilities'' means those 
        areas and facilities in the Federated States of 
        Micronesia reserved or acquired by the Government of 
        the Federated States of Micronesia for use by the 
        Government of the United States, as set forth in the 
        separate agreements referred to in section 321.
          (j) ``Tariff Schedules of the United States'' means 
        the Tariff Schedules of the United States as amended 
        from time to time and as promulgated pursuant to United 
        States law and includes the Tariff Schedules of the 
        United States Annotated (TSUSA), as amended.
          (k) ``Vienna Convention on Diplomatic Relations'' 
        means the Vienna Convention on Diplomatic Relations, 
        done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 
        U.N.T.S. 95.
Section 462
    (a) The Government of the United States and the Government 
of the Federated States of Micronesia previously have concluded 
agreements pursuant to the Compact, which shall remain in 
effect and shall survive in accordance with their terms, as 
follows:
          (1) Agreement Concluded Pursuant to Section 234 of 
        the Compact;
          (2) Agreement Between the Government of the United 
        States and the Government of the Federated States of 
        Micronesia Regarding Friendship, Cooperation and Mutual 
        Security Concluded Pursuant to Sections 321 and 323 of 
        the Compact of Free Association; and
          (3) Agreement Between the Government of the United 
        States of America and the Federated States of 
        Micronesia Regarding Aspects of the Marine Sovereignty 
        and Jurisdiction of the Federated States of Micronesia.
    (b) The Government of the United States and the Government 
of the Federated States of Micronesia shall conclude prior to 
the date of submission of this Compact, as amended, to the 
legislatures of the two countries, the following related 
agreements which shall come into effect on the effective date 
of this Compact, as amended, and shall survive in accordance 
with their terms, as follows:
          (1) Federal Programs and Services Agreement Between 
        the Government of the United States of America and the 
        Government of the Federated States of Micronesia 
        Concluded Pursuant to Article III of Title One, Article 
        II of Title Two (including Section 222), and Section 
        231 of the Compact of Free Association, as amended 
        which includes:
                  (i) Postal Services and Related Programs;
                  (ii) Weather Services and Related Programs;
                  (iii) Civil Aviation Safety Service and 
                Related Programs;
                  (iv) Civil Aviation Economic Services and 
                Related Programs;
                  (v) United States Disaster Preparedness and 
                Response Services and Related Programs;
                  (vi) Federal Deposit Insurance Corporation 
                Services and Related Programs; and
                  (vii) Telecommunications Services and Related 
                Programs.
          (2) Agreement Between the Government of the United 
        States of America and the Government of the Federated 
        States of Micronesia on Extradition, Mutual Assistance 
        in Law Enforcement Matters and Penal Sanctions 
        Concluded Pursuant to Section 175(a) of the Compact of 
        Free Association, as amended;
          (3) Agreement Between the Government of the United 
        States of America and the Government of the Federated 
        States of Micronesia on Labor Recruitment Concluded 
        Pursuant to Section 175(b) of the Compact of Free 
        Association, as amended;
          (4) Agreement Concerning Procedures for the 
        Implementation of United States Economic Assistance 
        Provided in the Compact of Free Association, as 
        Amended, of Free Association Between the Government of 
        the United States of America and Government of the 
        Federated States of Micronesia;
          (5) Agreement Between the Government of the United 
        States of America and the Government of the Federated 
        States of Micronesia Implementing Section 215 and 
        Section 216 of the Compact, as Amended, Regarding a 
        Trust Fund;
          (6) Agreement Regarding the Military Use and 
        Operating Rights of the Government of the United States 
        in the Federated States of Micronesia Concluded 
        Pursuant to Sections 211(b), 321 and 323 of the Compact 
        of Free Association, as Amended; and the
          (7) Status of Forces Agreement Between the Government 
        of the United States of America and the Government of 
        the Federated States of Micronesia Concluded Pursuant 
        to Section 323 of the Compact of Free Association, as 
        Amended.
Section 463
    (a) Except as set forth in subsection (b) of this section, 
any reference in this Compact, as amended, to a provision of 
the United States Code or the Statutes at Large of the United 
States constitutes the incorporation of the language of such 
provision into this Compact, as amended, as such provision was 
in force on the effective date of this Compact, as amended.
    (b) Any reference in Articles IV and Article VI of Title 
One and Sections 174, 175, 178 and 342 to a provision of the 
United States Code or the Statutes at Large of the United 
States or to the Privacy Act, the Freedom of Information Act, 
the Administrative Procedure Act or the Immigration and 
Nationality Act constitutes the incorporation of the language 
of such provision into this Compact, as amended, as such 
provision was in force on the effective date of this Compact, 
as amended, or as it may be amended thereafter on a non-
discriminatory basis according to the constitutional processes 
of the United States.

                              Article VII

                         Concluding Provisions

Section 471
    Both the Government of the United States and the Government 
of the Federated States of Micronesia shall take all necessary 
steps, of a general or particular character, to ensure, no 
later than the entry into force date of this Compact, as 
amended, the conformity of its laws, regulations and 
administrative procedures with the provisions of this Compact, 
as amended, or in the case of subsection (d) of section 141, as 
soon as reasonably possible thereafter.
Section 472
    This Compact, as amended, may be accepted, by signature or 
otherwise, by the Government of the United States and the 
Government of the Federated States of Micronesia.
    IN WITNESS WHEREOF, the undersigned, duly authorized, have 
signed this Compact of Free Association, as amended, which 
shall enter into force upon the exchange of diplomatic notes by 
which the Government of the United States of America and the 
Government of the Federated States of Micronesia inform each 
other about the fulfillment of their respective requirements 
for entry into force.
    DONE at Pohnpei, Federated States of Micronesia, in 
duplicate, this fourteenth (14) day of May, 2003, each text 
being equally authentic.

 Signed (May 14, 2003)                Signed (May 14, 2003)
For the Government of the            For the Government of the
United States of America:            Federated States of Micronesia:Ambassador Larry M. Dinger           His Excellency Jesse B. Marehalau
U.S. Ambassador to the               Ambassador Extraordinary and
Federated States of Micronesia       Plenipotentiary

    (b) \14\ Compact of Free Association, as Amended, Between 
the Government of the United States of America and the 
Government of the Republic of the Marshall Islands.--The 
Compact of Free Association, as amended, between the Government 
of the United States of America and the Government of the 
Republic of the Marshall Islands is as follows:
---------------------------------------------------------------------------
    \14\ 48 U.S.C. 1921 note.
---------------------------------------------------------------------------

                                PREAMBLE

 THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF 
                  THE REPUBLIC OF THE MARSHALL ISLANDS

    Affirming that their Governments and their relationship as 
Governments are founded upon respect for human rights and 
fundamental freedoms for all, and that the people of the 
Republic of the Marshall Islands have the right to enjoy self-
government; and
    Affirming the common interests of the United States of 
America and the Republic of the Marshall Islands in creating 
and maintaining their close and mutually beneficial 
relationship through the free and voluntary association of 
their respective Governments; and
    Affirming the interest of the Government of the United 
States in promoting the economic advancement and budgetary 
self-reliance of the Republic of the Marshall Islands; and
    Recognizing that their relationship until the entry into 
force on October 21, 1986 of the Compact was based upon the 
International Trusteeship System of the United Nations Charter, 
and in particular Article 76 of the Charter; and that pursuant 
to Article 76 of the Charter, the people of the Republic of the 
Marshall Islands have progressively developed their 
institutions of self-government, and that in the exercise of 
their sovereign right to self-determination they, through their 
freely-expressed wishes, have adopted a Constitution 
appropriate to their particular circumstances; and
    Recognizing that the Compact reflected their common desire 
to terminate the Trusteeship and establish a government-to-
government relationship which was in accordance with the new 
political status based on the freely expressed wishes of the 
people of the Republic of the Marshall Islands and appropriate 
to their particular circumstances; and
    Recognizing that the people of the Republic of the Marshall 
Islands have and retain their sovereignty and their sovereign 
right to self-determination and the inherent right to adopt and 
amend their own Constitution and form of government and that 
the approval of the entry of the Government of the Republic of 
the Marshall Islands into the Compact by the people of the 
Republic of the Marshall Islands constituted an exercise of 
their sovereign right to self-determination; and
    Recognizing the common desire of the people of the United 
States and the people of the Republic of the Marshall Islands 
to maintain their close government-to-government relationship, 
the United States and the Republic of the Marshall Islands:
    NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen 
their relationship of free association by amending the Compact, 
which continues to provide a full measure of self-government 
for the people of the Republic of the Marshall Islands; and
    FURTHER AGREE that the relationship of free association 
derives from and is as set forth in this Compact, as amended, 
by the Governments of the United States and the Republic of the 
Marshall Islands; and that, during such relationship of free 
association, the respective rights and responsibilities of the 
Government of the United States and the Government of the 
Republic of the Marshall Islands in regard to this relationship 
of free association derive from and are as set forth in this 
Compact, as amended.

                               TITLE ONE

                         GOVERNMENTAL RELATIONS

                               Article I

                            Self-Government

Section 111
    The people of the Republic of the Marshall Islands, acting 
through the Government established under their Constitution, 
are self-governing.

                               Article II

                            Foreign Affairs

Section 121
    (a) The Government of the Republic of the Marshall Islands 
has the capacity to conduct foreign affairs and shall do so in 
its own name and right, except as otherwise provided in this 
Compact, as amended.
    (b) The foreign affairs capacity of the Government of the 
Republic of the Marshall Islands includes:
          (1) the conduct of foreign affairs relating to law of 
        the sea and marine resources matters, including the 
        harvesting, conservation, exploration or exploitation 
        of living and non-living resources from the sea, seabed 
        or subsoil to the full extent recognized under 
        international law;
          (2) the conduct of its commercial, diplomatic, 
        consular, economic, trade, banking, postal, civil 
        aviation, communications, and cultural relations, 
        including negotiations for the receipt of developmental 
        loans and grants and the conclusion of arrangements 
        with other governments and international and 
        intergovernmental organizations, including any matters 
        specially benefiting its individual citizens.
    (c) The Government of the United States recognizes that the 
Government of the Republic of the Marshall Islands has the 
capacity to enter into, in its own name and right, treaties and 
other international agreements with governments and regional 
and international organizations.
    (d) In the conduct of its foreign affairs, the Government 
of the Republic of the Marshall Islands confirms that it shall 
act in accordance with principles of international law and 
shall settle its international disputes by peaceful means.
Section 122
    The Government of the United States shall support 
applications by the Government of the Republic of the Marshall 
Islands for membership or other participation in regional or 
international organizations as may be mutually agreed.
Section 123
    (a) In recognition of the authority and responsibility of 
the Government of the United States under Title Three, the 
Government of the Republic of the Marshall Islands shall 
consult, in the conduct of its foreign affairs, with the 
Government of the United States.
    (b) In recognition of the foreign affairs capacity of the 
Government of the Republic of the Marshall Islands, the 
Government of the United States, in the conduct of its foreign 
affairs, shall consult with the Government of the Republic of 
the Marshall Islands on matters that the Government of the 
United States regards as relating to or affecting the 
Government of the Republic of the Marshall Islands.
Section 124
    The Government of the United States may assist or act on 
behalf of the Government of the Republic of the Marshall 
Islands in the area of foreign affairs as may be requested and 
mutually agreed from time to time. The Government of the United 
States shall not be responsible to third parties for the 
actions of the Government of the Republic of the Marshall 
Islands undertaken with the assistance or through the agency of 
the Government of the United States pursuant to this section 
unless expressly agreed.
Section 125
    The Government of the United States shall not be 
responsible for nor obligated by any actions taken by the 
Government of the Republic of the Marshall Islands in the area 
of foreign affairs, except as may from time to time be 
expressly agreed.
Section 126
    At the request of the Government of the Republic of the 
Marshall Islands and subject to the consent of the receiving 
state, the Government of the United States shall extend 
consular assistance on the same basis as for citizens of the 
United States to citizens of the Republic of the Marshall 
Islands for travel outside the Republic of the Marshall 
Islands, the United States and its territories and possessions.
Section 127
    Except as otherwise provided in this Compact, as amended, 
or its related agreements, all obligations, responsibilities, 
rights and benefits of the Government of the United States as 
Administering Authority which resulted from the application 
pursuant to the Trusteeship Agreement of any treaty or other 
international agreement to the Trust Territory of the Pacific 
Islands on October 20, 1986, are, as of that date, no longer 
assumed and enjoyed by the Government of the United States.

                              Article III

                             Communications

Section 131
    (a) The Government of the Republic of the Marshall Islands 
has full authority and responsibility to regulate its domestic 
and foreign communications, and the Government of the United 
States shall provide communications assistance as mutually 
agreed.
    (b) The Government of the Republic of the Marshall Islands 
has elected to undertake all functions previously performed by 
the Government of the United States with respect to domestic 
and foreign communications, except for those functions set 
forth in a separate agreement entered into pursuant to this 
section of the Compact, as amended.
Section 132
    The Government of the Republic of the Marshall Islands 
shall permit the Government of the United States to operate 
telecommunications services in the Republic of the Marshall 
Islands to the extent necessary to fulfill the obligations of 
the Government of the United States under this Compact, as 
amended, in accordance with the terms of separate agreements 
entered into pursuant to this section of the Compact, as 
amended.

                               Article IV

                              Immigration

Section 141
    (a) In furtherance of the special and unique relationship 
that exists between the United States and the Republic of the 
Marshall Islands, under the Compact, as amended, any person in 
the following categories may be admitted to lawfully engage in 
occupations, and establish residence as a nonimmigrant in the 
United States and its territories and possessions (the ``United 
States'') without regard to paragraphs (5) or (7)(B)(i)(II) of 
section 212(a) of the Immigration and Nationality Act, as 
amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II):
          (1) a person who, on October 21, 1986, was a citizen 
        of the Trust Territory of the Pacific Islands, as 
        defined in Title 53 of the Trust Territory Code in 
        force on January 1, 1979, and has become and remains a 
        citizen of the Republic of the Marshall Islands;
          (2) a person who acquires the citizenship of the 
        Republic of the Marshall Islands at birth, on or after 
        the effective date of the Constitution of the Republic 
        of the Marshall Islands;
          (3) an immediate relative of a person referred to in 
        paragraphs (1) or (2) of this section, provided that 
        such immediate relative is a naturalized citizen of the 
        Republic of the Marshall Islands who has been an actual 
        resident there for not less than five years after 
        attaining such naturalization and who holds a 
        certificate of actual residence, and further provided, 
        that, in the case of a spouse, such spouse has been 
        married to the person referred to in paragraph (1) or 
        (2) of this section for at least five years, and 
        further provided, that the Government of the United 
        States is satisfied that such naturalized citizen meets 
        the requirement of subsection (b) of section 104 of 
        Public Law 99-239 as it was in effect on the day prior 
        to the effective date of this Compact, as amended;
          (4) a naturalized citizen of the Republic of the 
        Marshall Islands who was an actual resident there for 
        not less than five years after attaining such 
        naturalization and who satisfied these requirements as 
        of April 30, 2003, who continues to be an actual 
        resident and holds a certificate of actual residence, 
        and whose name is included in a list furnished by the 
        Government of the Republic of the Marshall Islands to 
        the Government of the United States no later than the 
        effective date of the Compact, as amended, in form and 
        content acceptable to the Government of the United 
        States, provided, that the Government of the United 
        States is satisfied that such naturalized citizen meets 
        the requirement of subsection (b) of section 104 of 
        Public Law 99-239 as it was in effect on the day prior 
        to the effective date of this Compact, as amended; or
          (5) an immediate relative of a citizen of the 
        Republic of the Marshall Islands, regardless of the 
        immediate relative's country of citizenship or period 
        of residence in the Republic of the Marshall Islands, 
        if the citizen of the Republic of the Marshall Islands 
        is serving on active duty in any branch of the United 
        States Armed Forces, or in the active reserves.
    (b) Notwithstanding subsection (a) of this section, a 
person who is coming to the United States pursuant to an 
adoption outside the United States, or for the purpose of 
adoption in the United States, is ineligible for admission 
under the Compact and the Compact, as amended. This subsection 
shall apply to any person who is or was an applicant for 
admission to the United States on or after March 1, 2003, 
including any applicant for admission in removal proceedings 
(including appellate proceedings) on or after March 1, 2003, 
regardless of the date such proceedings were commenced. This 
subsection shall have no effect on the ability of the 
Government of the United States or any United States State or 
local government to commence or otherwise take any action 
against any person or entity who has violated any law relating 
to the adoption of any person.
    (c) Notwithstanding subsection (a) of this section, no 
person who has been or is granted citizenship in the Republic 
of the Marshall Islands, or has been or is issued a Republic of 
the Marshall Islands passport pursuant to any investment, 
passport sale, or similar program has been or shall be eligible 
for admission to the United States under the Compact or the 
Compact, as amended.
    (d) A person admitted to the United States under the 
Compact, or the Compact, as amended, shall be considered to 
have the permission of the Government of the United States to 
accept employment in the United States. An unexpired Republic 
of the Marshall Islands passport with unexpired documentation 
issued by the Government of the United States evidencing 
admission under the Compact or the Compact, as amended, shall 
be considered to be documentation establishing identity and 
employment authorization under section 274A(b)(1)(B) of the 
Immigration and Nationality Act, as amended, 8 U.S.C. 
1324a(b)(1)(B). The Government of the United States will take 
reasonable and appropriate steps to implement and publicize 
this provision, and the Government of the Republic of the 
Marshall Islands will also take reasonable and appropriate 
steps to publicize this provision.
    (e) For purposes of the Compact and the Compact, as 
amended:
          (1) the term ``residence'' with respect to a person 
        means the person's principal, actual dwelling place in 
        fact, without regard to intent, as provided in section 
        101(a)(33) of the Immigration and Nationality Act, as 
        amended, 8 U.S.C. 1101(a)(33), and variations of the 
        term ``residence,'' including ``resident'' and 
        ``reside,'' shall be similarly construed;
          (2) the term ``actual residence'' means physical 
        presence in the Republic of the Marshall Islands during 
        eighty-five percent of the five-year period of 
        residency required by section 141(a)(3) and (4);
          (3) the term ``certificate of actual residence'' 
        means a certificate issued to a naturalized citizen by 
        the Government of the Republic of the Marshall Islands 
        stating that the citizen has complied with the actual 
        residence requirement of section 141(a)(3) or (4);
          (4) the term ``nonimmigrant'' means an alien who is 
        not an ``immigrant'' as defined in section 101(a)(15) 
        of such Act, 8 U.S.C. 1101(a)(15); and
          (5) the term ``immediate relative'' means a spouse, 
        or unmarried son or unmarried daughter less than 21 
        years of age.
    (f) The Immigration and Nationality Act, as amended, shall 
apply to any person admitted or seeking admission to the United 
States (other than a United States possession or territory 
where such Act does not apply) under the Compact or the 
Compact, as amended, and nothing in the Compact or the Compact, 
as amended, shall be construed to limit, preclude, or modify 
the applicability of, with respect to such person:
          (1) any ground of inadmissibility or deportability 
        under such Act (except sections 212(a)(5) and 
        212(a)(7)(B)(i)(II) of such Act, as provided in 
        subsection (a) of this section), and any defense 
        thereto, provided that, section 237(a)(5) of such Act 
        shall be construed and applied as if it reads as 
        follows: ``any alien who has been admitted under the 
        Compact, or the Compact, as amended, who cannot show 
        that he or she has sufficient means of support in the 
        United States, is deportable;''
          (2) the authority of the Government of the United 
        States under section 214(a)(1) of such Act to provide 
        that admission as a nonimmigrant shall be for such time 
        and under such conditions as the Government of the 
        United States may by regulations prescribe;
          (3) except for the treatment of certain documentation 
        for purposes of section 274A(b)(1)(B) of such Act as 
        provided by subsection (d) of this section of the 
        Compact, as amended, any requirement under section 
        274A, including but not limited to section 
        274A(b)(1)(E);
          (4) section 643 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996, Public Law 104-
        208, and actions taken pursuant to section 643; and
          (5) the authority of the Government of the United 
        States otherwise to administer and enforce the 
        Immigration and Nationality Act, as amended, or other 
        United States law.
    (g) Any authority possessed by the Government of the United 
States under this section of the Compact or the Compact, as 
amended, may also be exercised by the Government of a territory 
or possession of the United States where the Immigration and 
Nationality Act, as amended, does not apply, to the extent such 
exercise of authority is lawful under a statute or regulation 
of such territory or possession that is authorized by the laws 
of the United States.
    (h) Subsection (a) of this section does not confer on a 
citizen of the Republic of the Marshall Islands the right to 
establish the residence necessary for naturalization under the 
Immigration and Nationality Act, as amended, or to petition for 
benefits for alien relatives under that Act. Subsection (a) of 
this section, however, shall not prevent a citizen of the 
Republic of the Marshall Islands from otherwise acquiring such 
rights or lawful permanent resident alien status in the United 
States.
Section 142
    (a) Any citizen or national of the United States may be 
admitted to lawfully engage in occupations, and reside in the 
Republic of the Marshall Islands, subject to the rights of the 
Government of the Republic of the Marshall Islands to deny 
entry to or deport any such citizen or national as an 
undesirable alien. Any determination of inadmissibility or 
deportability shall be based on reasonable statutory grounds 
and shall be subject to appropriate administrative and judicial 
review within the Republic of the Marshall Islands. If a 
citizen or national of the United States is a spouse of a 
citizen of the Republic of the Marshall Islands, the Government 
of the Republic of the Marshall Islands shall allow the United 
States citizen spouse to establish residence. Should the 
Republic of the Marshall Islands citizen spouse predecease the 
United States citizen spouse during the marriage, the 
Government of the Republic of the Marshall Islands shall allow 
the United States citizen spouse to continue to reside in the 
Republic of the Marshall Islands.
    (b) In enacting any laws or imposing any requirements with 
respect to citizens and nationals of the United States entering 
the Republic of the Marshall Islands under subsection (a) of 
this section, including any grounds of inadmissibility or 
deportability, the Government of the Republic of the Marshall 
Islands shall accord to such citizens and nationals of the 
United States treatment no less favorable than that accorded to 
citizens of other countries.
    (c) Consistent with subsection (a) of this section, with 
respect to citizens and nationals of the United States seeking 
to engage in employment or invest in the Republic of the 
Marshall Islands, the Government of the Republic of the 
Marshall Islands shall adopt immigration-related procedures no 
less favorable than those adopted by the Government of the 
United States with respect to citizens of the Republic of the 
Marshall Islands seeking employment in the United States.
Section 143
    Any person who relinquishes, or otherwise loses, his United 
States nationality or citizenship, or his Republic of the 
Marshall Islands citizenship, shall be ineligible to receive 
the privileges set forth in sections 141 and 142. Any such 
person may apply for admission to the United States or the 
Republic of the Marshall Islands, as the case may be, in 
accordance with any other applicable laws of the United States 
or the Republic of the Marshall Islands relating to immigration 
of aliens from other countries. The laws of the Republic of the 
Marshall Islands or the United States, as the case may be, 
shall dictate the terms and conditions of any such person's 
stay.

                               Article V

                             Representation

Section 151
    Relations between the Government of the United States and 
the Government of the Republic of the Marshall Islands shall be 
conducted in accordance with the Vienna Convention on 
Diplomatic Relations. In addition to diplomatic missions and 
representation, the Governments may establish and maintain 
other offices and designate other representatives on terms and 
in locations as may be mutually agreed.
Section 152
    (a) Any citizen or national of the United States who, 
without authority of the United States, acts as the agent of 
the Government of the Republic of the Marshall Islands with 
regard to matters specified in the provisions of the Foreign 
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et 
seq.), that apply with respect to an agent of a foreign 
principal shall be subject to the requirements of such Act. 
Failure to comply with such requirements shall subject such 
citizen or national to the same penalties and provisions of law 
as apply in the case of the failure of such an agent of a 
foreign principal to comply with such requirements. For 
purposes of the Foreign Agents Registration Act of 1938, the 
Republic of the Marshall Islands shall be considered to be a 
foreign country.
    (b) Subsection (a) of this section shall not apply to a 
citizen or national of the United States employed by the 
Government of the Republic of the Marshall Islands with respect 
to whom the Government of the Republic of the Marshall Islands 
from time to time certifies to the Government of the United 
States that such citizen or national is an employee of the 
Republic of the Marshall Islands whose principal duties are 
other than those matters specified in the Foreign Agents 
Registration Act of 1938, as amended, that apply with respect 
to an agent of a foreign principal. The agency or officer of 
the United States receiving such certifications shall cause 
them to be filed with the Attorney General, who shall maintain 
a publicly available list of the persons so certified.

                               Article VI

                        Environmental Protection

Section 161
    The Governments of the United States and the Republic of 
the Marshall Islands declare that it is their policy to promote 
efforts to prevent or eliminate damage to the environment and 
biosphere and to enrich understanding of the natural resources 
of the Republic of the Marshall Islands. In order to carry out 
this policy, the Government of the United States and the 
Government of the Republic of the Marshall Islands agree to the 
following mutual and reciprocal undertakings:
          (a) The Government of the United States:
                  (1) shall, for its activities controlled by 
                the U.S. Army at Kwajalein Atoll and in the 
                Mid-Atoll Corridor and for U.S. Army Kwajalein 
                Atoll activities in the Republic of the 
                Marshall Islands, continue to apply the 
                Environmental Standards and Procedures for 
                United States Army Kwajalein Atoll Activities 
                in the Republic of the Marshall Islands, unless 
                and until those Standards or Procedures are 
                modified by mutual agreement of the Governments 
                of the United States and the Republic of the 
                Marshall Islands;
                  (2) shall apply the National Environmental 
                Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 
                4321 et seq., to its activities under the 
                Compact, as amended, and its related agreements 
                as if the Republic of the Marshall Islands were 
                the United States;
                  (3) in the conduct of any activity not 
                described in section 161(a)(1) requiring the 
                preparation of an Environmental Impact 
                Statement under section 161(a)(2), shall comply 
                with standards substantively similar to those 
                required by the following laws of the United 
                States, taking into account the particular 
                environment of the Republic of the Marshall 
                Islands; the Endangered Species Act of 1973, as 
                amended, 16 U.S.C. 1531 et seq.; the Clean Air 
                Act, as amended, 42 U.S.C. 7401 et seq.; the 
                Clean Water Act (Federal Water Pollution 
                Control Act), as amended, 33 U.S.C. 1251 et 
                seq.; Title I of the Marine Protection, 
                Research and Sanctuaries Act of 1972 (the Ocean 
                Dumping Act), 33 U.S.C. 1411 et seq.; the Toxic 
                Substances Control Act, as amended, 15 U.S.C. 
                2601 et seq.; the Solid Waste Disposal Act, as 
                amended, 42 U.S.C. 6901 et seq.; and such other 
                environmental protection laws of the United 
                States and the Republic of the Marshall Islands 
                as may be agreed from time to time with the 
                Government of the Republic of the Marshall 
                Islands;
                  (4) shall, prior to conducting any activity 
                not described in section 161(a)(1) requiring 
                the preparation of an Environmental Impact 
                Statement under section 161(a)(2), develop, as 
                agreed with the Government of the Republic of 
                the Marshall Islands, written environmental 
                standards and procedures to implement the 
                substantive provisions of the laws made 
                applicable to U.S. Government activities in the 
                Republic of the Marshall Islands, pursuant to 
                section 161(a)(3).
          (b) The Government of the Republic of the Marshall 
        Islands shall continue to develop and implement 
        standards and procedures to protect its environment. As 
        a reciprocal obligation to the undertakings of the 
        Government of the United States under this Article, the 
        Republic of the Marshall Islands, taking into account 
        its particular environment, shall continue to develop 
        and implement standards for environmental protection 
        substantively similar to those required of the 
        Government of the United States by section 161(a)(3) 
        prior to its conducting activities in the Republic of 
        the Marshall Islands, substantively equivalent to 
        activities conducted there by the Government of the 
        United States and, as a further reciprocal obligation, 
        shall enforce those standards.
          (c) Section 161(a), including any standard or 
        procedure applicable thereunder, and section 161(b) may 
        be modified or superseded in whole or in part by 
        agreement of the Government of the United States and 
        the Government of the Republic of the Marshall Islands.
          (d) In the event that an Environmental Impact 
        Statement is no longer required under the laws of the 
        United States for major Federal actions significantly 
        affecting the quality of the human environment, the 
        regulatory regime established under sections 161(a)(3) 
        and 161(a)(4) shall continue to apply to such 
        activities of the Government of the United States until 
        amended by mutual agreement.
          (e) The President of the United States may exempt any 
        of the activities of the Government of the United 
        States under this Compact, as amended, and its related 
        agreements from any environmental standard or procedure 
        which may be applicable under sections 161(a)(3) and 
        161(a)(4) if the President determines it to be in the 
        paramount interest of the Government of the United 
        States to do so, consistent with Title Three of this 
        Compact, as amended, and the obligations of the 
        Government of the United States under international 
        law. Prior to any decision pursuant to this subsection, 
        the views of the Government of the Republic of the 
        Marshall Islands shall be sought and considered to the 
        extent practicable. If the President grants such an 
        exemption, to the extent practicable, a report with his 
        reasons for granting such exemption shall be given 
        promptly to the Government of the Republic of the 
        Marshall Islands.
          (f) The laws of the United States referred to in 
        section 161(a)(3) shall apply to the activities of the 
        Government of the United States under this Compact, as 
        amended, and its related agreements only to the extent 
        provided for in this section.
Section 162
    The Government of the Republic of the Marshall Islands may 
bring an action for judicial review of any administrative 
agency action or any activity of the Government of the United 
States pursuant to section 161(a) for enforcement of the 
obligations of the Government of the United States arising 
thereunder. The United States District Court for the District 
of Hawaii and the United States District Court for the District 
of Columbia shall have jurisdiction over such action or 
activity, and over actions brought under section 172(b) which 
relate to the activities of the Government of the United States 
and its officers and employees, governed by section 161, 
provided that:
          (a) Such actions may only be civil actions for any 
        appropriate civil relief other than punitive damages 
        against the Government of the United States or, where 
        required by law, its officers in their official 
        capacity; no criminal actions may arise under this 
        section.
          (b) Actions brought pursuant to this section may be 
        initiated only by the Government of the Republic of the 
        Marshall Islands.
          (c) Administrative agency actions arising under 
        section 161 shall be reviewed pursuant to the standard 
        of judicial review set forth in 5 U.S.C. 706.
          (d) The United States District Court for the District 
        of Hawaii and the United States District Court for the 
        District of Columbia shall have jurisdiction to issue 
        all necessary processes, and the Government of the 
        United States agrees to submit itself to the 
        jurisdiction of the court; decisions of the United 
        States District Court shall be reviewable in the United 
        States Court of Appeals for the Ninth Circuit or the 
        United States Court of Appeals for the District of 
        Columbia, respectively, or in the United States Supreme 
        Court as provided by the laws of the United States.
          (e) The judicial remedy provided for in this section 
        shall be the exclusive remedy for the judicial review 
        or enforcement of the obligations of the Government of 
        the United States under this Article and actions 
        brought under section 172(b), which relate to the 
        activities of the Government of the United States and 
        its officers and employees governed by section 161.
          (f) In actions pursuant to this section, the 
        Government of the Republic of the Marshall Islands 
        shall be treated as if it were a United States citizen.
Section 163
    (a) For the purpose of gathering data necessary to study 
the environmental effects of activities of the Government of 
the United States subject to the requirements of this Article, 
the Government of the Republic of the Marshall Islands shall be 
granted access to facilities operated by the Government of the 
United States in the Republic of the Marshall Islands, to the 
extent necessary for this purpose, except to the extent such 
access would unreasonably interfere with the exercise of the 
authority and responsibility of the Government of the United 
States under Title Three.
    (b) The Government of the United States, in turn, shall be 
granted access to the Republic of the Marshall Islands for the 
purpose of gathering data necessary to discharge its 
obligations under this Article, except to the extent such 
access would unreasonably interfere with the exercise of the 
authority and responsibility of the Government of the Republic 
of the Marshall Islands under Title One, and to the extent 
necessary for this purpose shall be granted access to documents 
and other information to the same extent similar access is 
provided the Government of the Republic of the Marshall Islands 
under the Freedom of Information Act, 5 U.S.C. 552.
    (c) The Government of the Republic of the Marshall Islands 
shall not impede efforts by the Government of the United States 
to comply with applicable standards and procedures.

                              Article VII

                        General Legal Provisions

Section 171
    Except as provided in this Compact, as amended, or its 
related agreements, the application of the laws of the United 
States to the Trust Territory of the Pacific Islands by virtue 
of the Trusteeship Agreement ceased with respect to the 
Marshall Islands on October 21, 1986, the date the Compact went 
into effect.
Section 172
    (a) Every citizen of the Republic of the Marshall Islands 
who is not a resident of the United States shall enjoy the 
rights and remedies under the laws of the United States enjoyed 
by any non-resident alien.
    (b) The Government of the Republic of the Marshall Islands 
and every citizen of the Republic of the Marshall Islands shall 
be considered to be a ``person'' within the meaning of the 
Freedom of Information Act, 5 U.S.C. 552, and of the judicial 
review provisions of the Administrative Procedure Act, 5 U.S.C. 
701-706, except that only the Government of the Republic of the 
Marshall Islands may seek judicial review under the 
Administrative Procedure Act or judicial enforcement under the 
Freedom of Information Act when such judicial review or 
enforcement relates to the activities of the Government of the 
United States governed by sections 161 and 162.
Section 173
    The Governments of the United States and the Republic of 
the Marshall Islands agree to adopt and enforce such measures, 
consistent with this Compact, as amended, and its related 
agreements, as may be necessary to protect the personnel, 
property, installations, services, programs and official 
archives and documents maintained by the Government of the 
United States in the Republic of the Marshall Islands pursuant 
to this Compact, as amended, and its related agreements and by 
the Government of the Republic of the Marshall Islands in the 
United States pursuant to this Compact, Compact, as amended, 
and its related agreements.
Section 174
    Except as otherwise provided in this Compact, as amended, 
and its related agreements:
          (a) The Government of the Republic of the Marshall 
        Islands, and its agencies and officials, shall be 
        immune from the jurisdiction of the court of the United 
        States, and the Government of the United States, and 
        its agencies and officials, shall be immune from the 
        jurisdiction of the courts of the Republic of the 
        Marshall Islands.
          (b) The Government of the United States accepts 
        responsibility for and shall pay:
                  (1) any unpaid money judgment rendered by the 
                High Court of the Trust Territory of the 
                Pacific Islands against the Government of the 
                United States with regard to any cause of 
                action arising as a result of acts or omissions 
                of the Government of the Trust Territory of the 
                Pacific Islands or the Government of the United 
                States prior to October 21, 1986;
                  (2) any claim settled by the claimant and the 
                Government of the Trust Territory of the 
                Pacific Islands but not paid as of October 21, 
                1986; and
                  (3) settlement of any administrative claim or 
                of any action before a court of the Trust 
                Territory of the Pacific Islands or the 
                Government of the United States, arising as a 
                result of acts or omissions of the Government 
                of the Trust Territory of the Pacific Islands 
                or the Government of the United States.
          (c) Any claim not referred to in section 174(b) and 
        arising from an act or omission of the Government of 
        the Trust Territory of the Pacific Islands or the 
        Government of the United States prior to the effective 
        date of the Compact shall be adjudicated in the same 
        manner as a claim adjudicated according to section 
        174(d). In any claim against the Government of the 
        Trust Territory of the Pacific Islands, the Government 
        of the United States shall stand in the place of the 
        Government of the Trust Territory of the Pacific 
        Islands. A judgment on any claim referred to in section 
        174(b) or this subsection, not otherwise satisfied by 
        the Government of the United States, may be presented 
        for certification to the United States Court of Appeals 
        for the Federal Circuit, or its successor courts, which 
        shall have jurisdiction therefore, notwithstanding the 
        provisions of 28 U.S.C. 1502, and which court's 
        decisions shall be reviewable as provided by the laws 
        of the United States. The United States Court of 
        Appeals for the Federal Circuit shall certify such 
        judgment, and order payment thereof, unless it finds, 
        after a hearing, that such judgment is manifestly 
        erroneous as to law or fact, or manifestly excessive. 
        In either of such cases the United States Court of 
        Appeals for the Federal Circuit shall have jurisdiction 
        to modify such judgment.
          (d) The Government of the Republic of the Marshall 
        Islands shall not be immune from the jurisdiction of 
        the courts of the United States, and the Government of 
        the United States shall not be immune from the 
        jurisdiction of the courts of the Republic of the 
        Marshall Islands in any civil case in which an 
        exception to foreign state immunity is set forth in the 
        Foreign Sovereign Immunities Act (28 U.S.C. 1602 et 
        seq.) or its successor statutes.
Section 175
    (a) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall have 
the force of law, shall govern mutual assistance and 
cooperation in law enforcement matters, including the pursuit, 
capture, imprisonment and extradition of fugitives from justice 
and the transfer of prisoners, as well as other law enforcement 
matters. In the United States, the laws of the United States 
governing international extradition, including 18 U.S.C. 3184, 
3186, and 3188-95, shall be applicable to the extradition of 
fugitives under the separate agreement, and the laws of the 
United States governing the transfer of prisoners, including 18 
U.S.C. 4100-15, shall be applicable to the transfer of 
prisoners under the separate agreement; and
    (b) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall have 
the force of law, shall govern requirements relating to labor 
recruitment practices, including registration, reporting, 
suspension or revocation of authorization to recruit persons 
for employment in the United States, and enforcement for 
violations of such requirements.
Section 176
    The Government of the Republic of the Marshall Islands 
confirms that final judgments in civil cases rendered by any 
court of the Trust Territory of the Pacific Islands shall 
continue in full force and effect, subject to the 
constitutional power of the courts of the Republic of the 
Marshall Islands to grant relief from judgments in appropriate 
cases.
Section 177
    Section 177 of the Compact entered into force with respect 
to the Marshall Islands on October 21, 1986 as follows:
          ``(a) The Government of the United States accepts the 
        responsibility for compensation owing to citizens of 
        the Marshall Islands, or the Federated States of 
        Micronesia, (or Palau) for loss or damage to property 
        and person of the citizens of the Marshall Islands, or 
        the Federated States of Micronesia, resulting from the 
        nuclear testing program which the Government of the 
        United States conducted in the Northern Marshall 
        Islands between June 30, 1946, and August 18, 1958.
          ``(b) The Government of the United States and the 
        Government of the Marshall Islands shall set forth in a 
        separate agreement provisions for the just and adequate 
        settlement of all such claims which have arisen in 
        regard to the Marshall Islands and its citizens and 
        which have not as yet been compensated or which in the 
        future may arise, for the continued administration by 
        the Government of the United States of direct radiation 
        related medical surveillance and treatment programs and 
        radiological monitoring activities and for such 
        additional programs and activities as may be mutually 
        agreed, and for the assumption by the Government of the 
        Marshall Islands of responsibility for enforcement of 
        limitations on the utilization of affected areas 
        developed in cooperation with the Government of the 
        United States and for the assistance by the Government 
        of the United States in the exercise of such 
        responsibility as may be mutually agreed. This separate 
        agreement shall come into effect simultaneously with 
        this Compact and shall remain in effect in accordance 
        with its own terms.
          ``(c) The Government of the United States shall 
        provide to the Government of the Marshall Islands, on a 
        grant basis, the amount of $150 million to be paid and 
        distributed in accordance with the separate agreement 
        referred to in this Section, and shall provide the 
        services and programs set forth in this separate 
        agreement, the language of which is incorporated into 
        this Compact.''.
The Compact, as amended, makes no changes to, and has no effect 
upon, Section 177 of the Compact, nor does the Compact, as 
amended, change or affect the separate agreement referred to in 
Section 177 of the Compact including Articles IX and X of that 
separate agreement, and measures taken by the parties 
thereunder.
Section 178
    (a) The Federal agencies of the Government of the United 
States that provide services and related programs in the 
Republic of the Marshall Islands pursuant to Title Two are 
authorized to settle and pay tort claims arising in the 
Republic of the Marshall Islands from the activities of such 
agencies or from the acts or omissions of the employees of such 
agencies. Except as provided in section 178(b), the provisions 
of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply exclusively to 
such administrative settlements and payments.
    (b) Claims under section 178(a) that cannot be settled 
under section 178(a) shall be disposed of exclusively in 
accordance with Article II of Title Four. Arbitration awards 
rendered pursuant to this subsection shall be paid out of funds 
under 31 U.S.C. 1304.
    (c) The Government of the United States and the Government 
of the Republic of the Marshall Islands shall, in the separate 
agreement referred to in section 231, provide for:
          (1) the administrative settlement of claims referred 
        to in section 178(a), including designation of local 
        agents in each State of the Republic of the Marshall 
        Islands; such agents to be empowered to accept, 
        investigate and settle such claims, in a timely manner, 
        as provided in such separate agreements; and
          (2) arbitration, referred to in section 178(b), in a 
        timely manner, at a site convenient to the claimant, in 
        the event a claim is not otherwise settled pursuant to 
        section 178(a).
    (d) The provisions of section 174(d) shall not apply to 
claims covered by this section.
    (e) Except as otherwise explicitly provided by law of the 
United States, this Compact, as amended, or its related 
agreements, neither the Government of the United States, its 
instrumentalities, nor any person acting on behalf of the 
Government of the United States, shall be named a party in any 
action based on, or arising out of, the activity or activities 
of a recipient of any grant or other assistance provided by the 
Government of the United States (or the activity or activities 
of the recipient's agency or any other person or entity acting 
on behalf of the recipient).
Section 179
    (a) The courts of the Republic of the Marshall Islands 
shall not exercise criminal jurisdiction over the Government of 
the United States, or its instrumentalities.
    (b) The courts of the Republic of the Marshall Islands 
shall not exercise criminal jurisdiction over any person if the 
Government of the United States provides notification to the 
Government of the Republic of the Marshall Islands that such 
person was acting on behalf of the Government of the United 
States, for actions taken in furtherance of section 221 or 224 
of this amended Compact, or any other provision of law 
authorizing financial, program, or service assistance to the 
Republic of the Marshall Islands.

                               TITLE TWO

                           ECONOMIC RELATIONS

                               Article I

                            Grant Assistance

Section 211 - Annual Grant Assistance
    (a) In order to assist the Government of the Republic of 
the Marshall Islands in its efforts to promote the economic 
advancement and budgetary self-reliance of its people, and in 
recognition of the special relationship that exists between the 
Republic of the Marshall Islands and the United States, the 
Government of the United States shall provide assistance on a 
grant basis for a period of twenty years in the amounts set 
forth in section 217, commencing on the effective date of this 
Compact, as amended. Such grants shall be used for assistance 
in education, health care, the environment, public sector 
capacity building, and private sector development, or for other 
areas as mutually agreed, with priorities in the education and 
health care sectors. Consistent with the medium-term budget and 
investment framework described in subsection (f) of this 
section, the proposed division of this amount among the 
identified areas shall require the concurrence of both the 
Government of the United States and the Government of the 
Republic of the Marshall Islands, through the Joint Economic 
Management and Financial Accountability Committee described in 
section 214. The Government of the United States shall disburse 
the grant assistance and monitor the use of such grant 
assistance in accordance with the provisions of this Article 
and an Agreement Concerning Procedures for the Implementation 
of United States Economic Assistance Provided in the Compact, 
as Amended, of Free Association Between the Government of the 
United States of America and the Government of the Republic of 
the Marshall Islands (``Fiscal Procedures Agreement'') which 
shall come into effect simultaneously with this Compact, as 
amended.
          (1) Education.--United States grant assistance shall 
        be made available in accordance with the strategic 
        framework described in subsection (f) of this section 
        to support and improve the educational system of the 
        Republic of the Marshall Islands and develop the human, 
        financial, and material resources necessary for the 
        Republic of the Marshall Islands to perform these 
        services. Emphasis should be placed on advancing a 
        quality basic education system.
          (2) Health.--United States grant assistance shall be 
        made available in accordance with the strategic 
        framework described in subsection (f) of this section 
        to support and improve the delivery of preventive, 
        curative and environmental care and develop the human, 
        financial, and material resources necessary for the 
        Republic of the Marshall Islands to perform these 
        services.
          (3) Private sector development.--United States grant 
        assistance shall be made available in accordance with 
        the strategic framework described in subsection (f) of 
        this section to support the efforts of the Republic of 
        the Marshall Islands to attract foreign investment and 
        increase indigenous business activity by vitalizing the 
        commercial environment, ensuring fair and equitable 
        application of the law, promoting adherence to core 
        labor standards, maintaining progress toward 
        privatization of state-owned and partially state-owned 
        enterprises, and engaging in other reforms.
          (4) Capacity building in the public sector.--United 
        States grant assistance shall be made available in 
        accordance with the strategic framework described in 
        subsection (f) of this section to support the efforts 
        of the Republic of the Marshall Islands to build 
        effective, accountable and transparent national and 
        local government and other public sector institutions 
        and systems.
          (5) Environment.--United States grant assistance 
        shall be made available in accordance with the 
        strategic framework described in subsection (f) of this 
        section to increase environmental protection; establish 
        and manage conservation areas; engage in environmental 
        infrastructure planning, design construction and 
        operation; and to involve the citizens of the Republic 
        of the Marshall Islands in the process of conserving 
        their country's natural resources.
    (b) Kwajalein Atoll.--
          (1) Of the total grant assistance made available 
        under subsection (a) of this section, the amount 
        specified herein shall be allocated annually from 
        fiscal year 2004 through fiscal year 2023 (and 
        thereafter in accordance with the Agreement between the 
        Government of the United States and the Government of 
        the Republic of the Marshall Islands Regarding Military 
        Use and Operating Rights) to advance the objectives and 
        specific priorities set forth in subsections (a) and 
        (d) of this section and the Fiscal Procedures 
        Agreement, to address the special needs of the 
        community at Ebeye, Kwajalein Atoll and other 
        Marshallese communities within Kwajalein Atoll. This 
        United States grant assistance shall be made available, 
        in accordance with the medium-term budget and 
        investment framework described in subsection (f) of 
        this section, to support and improve the infrastructure 
        and delivery of services and develop the human and 
        material resources necessary for the Republic of the 
        Marshall Islands to carry out its responsibility to 
        maintain such infrastructure and deliver such services. 
        The amount of this assistance shall be $3,100,000, with 
        an inflation adjustment as provided in section 218, 
        from fiscal year 2004 through fiscal year 2013 and the 
        fiscal year 2013 level of funding, with an inflation 
        adjustment as provided in section 218, will be 
        increased by $2 million for fiscal year 2014. The 
        fiscal year 2014 level of funding, with an inflation 
        adjustment as provided in section 218, will be made 
        available from fiscal year 2015 through fiscal year 
        2023 (and thereafter as noted above).
          (2) The Government of the United States shall also 
        provide to the Government of the Republic of the 
        Marshall Islands, in conjunction with section 321(a) of 
        this Compact, as amended, an annual payment from fiscal 
        year 2004 through fiscal year 2023 (and thereafter in 
        accordance with the Agreement between the Government of 
        the United States and the Government of the Republic of 
        the Marshall Islands Regarding Military Use and 
        Operating Rights) of $1.9 million. This grant 
        assistance will be subject to the Fiscal Procedures 
        Agreement and will be adjusted for inflation under 
        section 218 and used to address the special needs of 
        the community at Ebeye, Kwajalein Atoll and other 
        Marshallese communities within Kwajalein Atoll with 
        emphasis on the Kwajalein landowners, as described in 
        the Fiscal Procedures Agreement.
          (3) Of the total grant assistance made available 
        under subsection (a) of this section, and in 
        conjunction with section 321(a) of the Compact, as 
        amended, $200,000, with an inflation adjustment as 
        provided in section 218, shall be allocated annually 
        from fiscal year 2004 through fiscal year 2023 (and 
        thereafter as provided in the Agreement between the 
        Government of the United States and the Government of 
        the Republic of the Marshall Islands Regarding Military 
        Use and Operating Rights) for a grant to support 
        increased participation of the Government of the 
        Republic of the Marshall Islands Environmental 
        Protection Authority in the annual U.S. Army Kwajalein 
        Atoll Environmental Standards Survey and to promote a 
        greater Government of the Republic of the Marshall 
        Islands capacity for independent analysis of the 
        Survey's findings and conclusions.
    (c) Humanitarian Assistance--Republic of the Marshall 
Islands Program.--In recognition of the special development 
needs of the Republic of the Marshall Islands, the Government 
of the United States shall make available to the Government of 
the Republic of the Marshall Islands, on its request and to be 
deducted from the grant amount made available under subsection 
(a) of this section, a Humanitarian Assistance--Republic of the 
Marshall Islands (``HARMI'') Program with emphasis on health, 
education, and infrastructure (including transportation), 
projects and such other projects as mutually agreed. The terms 
and conditions of the HARMI shall be set forth in the Agreement 
Regarding the Military Use and Operating Rights of the 
Government of the United States in the Republic of the Marshall 
Islands Concluded Pursuant to Sections 321 and 323 of the 
Compact of Free Association, as Amended, which shall come into 
effect simultaneously with the amendments to this Compact.
    (d) Public Infrastructure.--
          (1) Unless otherwise agreed, not less than 30 percent 
        and not more than 50 percent of U.S. annual grant 
        assistance provided under this section shall be made 
        available in accordance with a list of specific 
        projects included in the infrastructure improvement and 
        maintenance plan prepared by the Government of the 
        Republic of the Marshall Islands as part of the 
        strategic framework described in subsection (f) of this 
        section.
          (2) Infrastructure maintenance fund.--Five percent of 
        the annual public infrastructure grant made available 
        under paragraph (1) of this subsection shall be set 
        aside, with an equal contribution from the Government 
        of the Republic of the Marshall Islands, as a 
        contribution to an Infrastructure Maintenance Fund. 
        Administration of the Infrastructure Maintenance Fund 
        shall be governed by the Fiscal Procedures Agreement.
    (e) Disaster Assistance Emergency Fund.--Of the total grant 
assistance made available under subsection (a) of this section, 
an amount of two hundred thousand dollars ($200,000) shall be 
provided annually, with an equal contribution from the 
Government of the Republic of the Marshall Islands, as a 
contribution to a Disaster Assistance Emergency Fund 
(``DAEF''). Any funds from the DAEF may be used only for 
assistance and rehabilitation resulting from disasters and 
emergencies. The funds will be accessed upon declaration of a 
State of Emergency by the Government of the Republic of the 
Marshall Islands, with the concurrence of the United States 
Chief of Mission to the Republic of the Marshall Islands. 
Administration of the DAEF shall be governed by the Fiscal 
Procedures Agreement.
    (f) Budget and Investment Framework.--The Government of the 
Republic of the Marshall Islands shall prepare and maintain an 
official medium-term budget and investment framework. The 
framework shall be strategic in nature, shall be continuously 
reviewed and updated through the annual budget process, and 
shall make projections on a multi-year rolling basis. Each of 
the sectors and areas named in subsections (a), (b), and (d) of 
this section, or other sectors and areas as mutually agreed, 
shall be accorded specific treatment in the framework. Those 
portions of the framework that contemplate the use of United 
States grant funds shall require the concurrence of both the 
Government of the United States and the Government of the 
Republic of the Marshall Islands.
Section 212 - Kwajalein Impact and Use
    The Government of the United States shall provide to the 
Government of the Republic of the Marshall Islands in 
conjunction with section 321(a) of the Compact, as amended, and 
the agreement between the Government of the United States and 
the Government of the Republic of the Marshall Islands 
regarding military use and operating rights, a payment in 
fiscal year 2004 of $15,000,000, with no adjustment for 
inflation. In fiscal year 2005 and through fiscal year 2013, 
the annual payment will be the fiscal year 2004 amount 
($15,000,000) with an inflation adjustment as provided under 
section 218. In fiscal year 2014, the annual payment will be 
$18,000,000 (with no adjustment for inflation) or the fiscal 
year 2013 amount with an inflation adjustment under section 
218, whichever is greater. For fiscal year 2015 through fiscal 
year 2023 (and thereafter in accordance with the Agreement 
between the Government of the United States and the Government 
of the Republic of the Marshall Islands Regarding Military Use 
and Operating Rights) the annual payment will be the fiscal 
year 2014 amount, with an inflation adjustment as provided 
under section 218.
Section 213 - Accountability
    (a) Regulations and policies normally applicable to United 
States financial assistance to its state and local governments, 
as set forth in the Fiscal Procedures Agreement, shall apply to 
each grant described in section 211, and to grants administered 
under section 221 below, except as modified in the separate 
agreements referred to in section 231 of this Compact, as 
amended, or by U.S. law. As set forth in the Fiscal Procedures 
Agreement, reasonable terms and conditions, including annual 
performance indicators that are necessary to ensure effective 
use of United States assistance and reasonable progress toward 
achieving program objectives may be attached. In addition, the 
United States may seek appropriate remedies for noncompliance 
with the terms and conditions attached to the assistance, or 
for failure to comply with section 234, including withholding 
assistance.
    (b) The Government of the United States shall, for each 
fiscal year of the twenty years during which assistance is to 
be provided on a sector grant basis under section 211 (a), 
grant the Government of the Republic of the Marshall Islands an 
amount equal to the lesser of (i) one half of the reasonable, 
properly documented cost incurred during such fiscal year to 
conduct the annual audit required under Article VIII (2) of the 
Fiscal Procedures Agreement or (ii) $500,000. Such amount will 
not be adjusted for inflation under section 218 or otherwise.
Section 214 - Joint Economic Management and Financial 
Accountability Committee
    The Governments of the United States and the Republic of 
the Marshall Islands shall establish a Joint Economic 
Management and Financial Accountability Committee, composed of 
a U.S. chair, two other members from the Government of the 
United States and two members from the Government of the 
Republic of the Marshall Islands. The Joint Economic Management 
and Financial Accountability Committee shall meet at least once 
each year to review the audits and reports required under this 
Title and the Fiscal Procedures Agreement, evaluate the 
progress made by the Republic of the Marshall Islands in 
meeting the objectives identified in its framework described in 
subsection (f) of section 211, with particular focus on those 
parts of the framework dealing with the sectors and areas 
identified in subsection (a) of section 211, identify problems 
encountered, and recommend ways to increase the effectiveness 
of U.S. assistance made available under this Title. The 
establishment and operations of the Joint Economic Management 
and Financial Accountability Committee shall be governed by the 
Fiscal Procedures Agreement.
Section 215 - Annual Report
    The Government of the Republic of the Marshall Islands 
shall report annually to the President of the United States on 
the use of United States sector grant assistance and other 
assistance and progress in meeting mutually agreed program and 
economic goals. The Joint Economic Management and Financial 
Accountability Committee shall review and comment on the report 
and make appropriate recommendations based thereon.
Section 216 - Trust Fund
    (a) The United States shall contribute annually for twenty 
years from the effective date of the Compact, as amended, in 
the amounts set forth in section 217 into a trust fund 
established in accordance with the Agreement Between the 
Government of the United States of America and the Government 
of the Republic of the Marshall Islands Implementing Section 
216 and Section 217 of the Compact, as Amended, Regarding a 
Trust Fund (``Trust Fund Agreement''), which shall come into 
effect simultaneously with this Compact, as amended. Upon 
termination of the annual grant assistance under section 211 
(a), (d) and (e), the earnings of the fund shall thereafter be 
used for the purposes described in section 211 or as otherwise 
mutually agreed.
    (b) The United States contribution into the Trust Fund 
described in subsection (a) of this section is conditioned on 
the Government of the Republic of the Marshall Islands 
contributing to the Trust Fund at least $25,000,000, on the 
effective date of the Trust Fund Agreement or on October 1, 
2003, whichever is later, $2,500,000 prior to October 1, 2004, 
and $2,500,000 prior to October 1, 2005. Any funds received by 
the Republic of the Marshall Islands under section 111(d) of 
Public Law 99-239 (January 14, 1986), or successor provisions, 
would be contributed to the Trust Fund as a Republic of the 
Marshall Islands' contribution.
    (c) The terms regarding the investment and management of 
funds and use of the income of the Trust Fund shall be governed 
by the Trust Fund Agreement. Funds derived from United States 
investment shall not be subject to Federal or state taxes in 
the United States or any taxes in the Republic of the Marshall 
Islands. The Trust Fund Agreement shall also provide for annual 
reports to the Government of the United States and to the 
Government of the Republic of the Marshall Islands. The Trust 
Fund Agreement shall provide for appropriate distributions of 
trust fund proceeds to the Republic of the Marshall Islands and 
for appropriate remedies for the failure of the Republic of the 
Marshall Islands to use income of the Trust Fund for the annual 
grant purposes set forth in section 211. These remedies may 
include the return to the United States of the present market 
value of its contributions to the Trust Fund and the present 
market value of any undistributed income on the contributions 
of the United States. If this Compact, as amended, is 
terminated, the provisions of sections 451-453 of the Compact, 
as amended, and the Trust Fund Agreement shall govern treatment 
of any U.S. contributions to the Trust Fund or accrued income 
thereon.
Section 217 - Annual Grant Funding and Trust Fund Contributions
    The funds described in sections 211, 212, 213(b), and 216 
shall be made available as follows:

                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                         Trust Fund       Kwajalein
            Fiscal year               Annual Grants     Audit Grant     Section 216     Impact Section    Total
                                       Section 211    Section 213(b)       (a&c)             212
----------------------------------------------------------------------------------------------------------------
2004...............................       35.2              .5               7               15.0         57.7
2005...............................       34.7              .5              7.5              15.0         57.7
2006...............................       34.2              .5               8               15.0         57.7
2007...............................       33.7              .5              8.5              15.0         57.7
2008...............................       33.2              .5               9               15.0         57.7
2009...............................       32.7              .5              9.5              15.0         57.7
2010...............................       32.2              .5               10              15.0         57.7
2011...............................       31.7              .5              10.5             15.0         57.7
2012...............................       31.2              .5               11              15.0         57.7
2013...............................       30.7              .5              11.5             15.0         57.7
2014...............................       32.2              .5               12              18.0         62.7
2015...............................       31.7              .5              12.5             18.0         62.7
2016...............................       31.2              .5               13              18.0         62.7
2017...............................       30.7              .5              13.5             18.0         62.7
2018...............................       30.2              .5               14              18.0         62.7
2019...............................       29.7              .5              14.5             18.0         62.7
2020...............................       29.2              .5               15              18.0         62.7
2021...............................       28.7              .5              15.5             18.0         62.7
2022...............................       28.2              .5               16              18.0         62.7
2023...............................       27.7              .5              16.5             18.0         62.7
----------------------------------------------------------------------------------------------------------------


Section 218 - Inflation Adjustment
    Except as otherwise provided, the amounts stated in this 
Title shall be adjusted for each United States Fiscal Year by 
the percent that equals two-thirds of the percent change in the 
United States Gross Domestic Product Implicit Price Deflator, 
or 5 percent, whichever is less in any one year, using the 
beginning of Fiscal Year 2004 as a base.
Section 219 - Carry-Over of Unused Funds
    If in any year the funds made available by the Government 
of the United States for that year pursuant to this Article are 
not completely obligated by the Government of the Republic of 
the Marshall Islands, the unobligated balances shall remain 
available in addition to the funds to be provided in subsequent 
years.

                               Article II

                    Services and Program Assistance

Section 221
    (a) Services.--The Government of the United States shall 
make available to the Republic of the Marshall Islands, in 
accordance with and to the extent provided in the Federal 
Programs and Services Agreement referred to in Section 231, the 
services and related programs of:
          (1) the United States Weather Service;
          (2) the United States Postal Service;
          (3) the United States Federal Aviation 
        Administration;
          (4) the United States Department of Transportation; 
        and
          (5) the Department of Homeland Security, and the 
        United States Agency for International Development, 
        Office of Foreign Disaster Assistance.
Upon the effective date of this Compact, as amended, the United 
States Departments and Agencies named or having responsibility 
to provide these services and related programs shall have the 
authority to implement the relevant provisions of the Federal 
Programs and Services Agreement referred to in section 231.
    (b) Programs.--
          (1) Other than the services and programs covered by 
        subsection (a) of this section, and to the extent 
        authorized by the Congress of the United States, the 
        Government of the United States shall make available to 
        the Republic of the Marshall Islands the services and 
        programs that were available to the Republic of the 
        Marshall Islands on the effective date of this Compact, 
        as amended, to the extent that such services and 
        programs continue to be available to State and local 
        governments of the United States. As set forth in the 
        Fiscal Procedures Agreement, funds provided under 
        subsection (a) of section 211 shall be considered to be 
        local revenues of the Government of the Republic of the 
        Marshall Islands when used as the local share required 
        to obtain Federal programs and services.
          (2) Unless provided otherwise by U.S. law, the 
        services and programs described in paragraph (1) of 
        this subsection shall be extended in accordance with 
        the terms of the Federal Programs and Services 
        Agreement.
    (c) The Government of the United States shall have and 
exercise such authority as is necessary to carry out its 
responsibilities under this Title and the Federal Programs and 
Services Agreement, including the authority to monitor and 
administer all service and program assistance provided by the 
United States to the Republic of the Marshall Islands. The 
Federal Programs and Services Agreement shall also set forth 
the extent to which services and programs shall be provided to 
the Republic of the Marshall Islands.
    (d) Except as provided elsewhere in this Compact, as 
amended, under any separate agreement entered into under this 
Compact, as amended, or otherwise under U.S. law, all Federal 
domestic programs extended to or operating in the Republic of 
the Marshall Islands shall be subject to all applicable 
criteria, standards, reporting requirements, auditing 
procedures, and other rules and regulations applicable to such 
programs and services when operating in the United States.
    (e) The Government of the United States shall make 
available to the Republic of the Marshall Islands alternate 
energy development projects, studies, and conservation measures 
to the extent provided for the Freely Associated States in the 
laws of the United States.
Section 222
    The Government of the United States and the Government of 
the Republic of the Marshall Islands may agree from time to 
time to extend to the Republic of the Marshall Islands 
additional United States grant assistance, services and 
programs, as provided under the laws of the United States. 
Unless inconsistent with such laws, or otherwise specifically 
precluded by the Government of the United States at the time 
such additional grant assistance, services, or programs are 
extended, the Federal Programs and Services Agreement shall 
apply to any such assistance, services or programs.
Section 223
    The Government of the Republic of the Marshall Islands 
shall make available to the Government of the United States at 
no cost such land as may be necessary for the operations of the 
services and programs provided pursuant to this Article, and 
such facilities as are provided by the Government of the 
Republic of the Marshall Islands at no cost to the Government 
of the United States as of the effective date of this Compact, 
as amended, or as may be mutually agreed thereafter.
Section 224
    The Government of the Republic of the Marshall Islands may 
request, from the time to time, technical assistance from the 
Federal agencies and institutions of the Government of the 
United States, which are authorized to grant such technical 
assistance in accordance with its laws. If technical assistance 
is granted pursuant to such a request, the Government of the 
United States shall provide the technical assistance in a 
manner which gives priority consideration to the Republic of 
the Marshall Islands over other recipients not a part of the 
United States, its territories or possessions, and equivalent 
consideration to the Republic of the Marshall Islands with 
respect to other states in Free Association with the United 
States. Such assistance shall be made available on a 
reimbursable or non-reimbursable basis to the extent provided 
by United States law.

                              Article III

                       Administrative Provisions

Section 231
    The specific nature, extent and contractual arrangements of 
the services and programs provided for in section 221 of this 
Compact, as amended, as well as the legal status of agencies of 
the Government of the United States, their civilian employees 
and contractors, and the dependents of such personnel while 
present in the Republic of the Marshall Islands, and other 
arrangements in connection with the assistance, services, or 
programs furnished by the Government of the United States, are 
set forth in a Federal Programs and Services Agreement which 
shall come into effect simultaneously with this Compact, as 
amended.
Section 232
    The Government of the United States, in consultation with 
the Government of the Republic of the Marshall Islands, shall 
determine and implement procedures for the periodic audit of 
all grants and other assistance made under Article I of this 
Title and of all funds expended for the services and programs 
provided under Article II of this Title. Further, in accordance 
with the Fiscal Procedures Agreement described in subsection 
(a) of section 211, the Comptroller General of the United 
States shall have such powers and authorities as described in 
sections 103(m) and 110(c) of Public Law 99-239, 99 Stat. 1777-
78, and 99 Stat. 1799 (January 14, 1986).
Section 233
    Approval of this Compact, as amended, by the Government of 
the United States, in accordance with its constitutional 
processes, shall constitute a pledge by the United States that 
the sums and amounts specified as grants in section 211 of this 
Compact, as amended, shall be appropriated and paid to the 
Republic of the Marshall Islands for such period as those 
provisions of this Compact, as amended, remain in force, 
provided that the Republic of the Marshall Islands complies 
with the terms and conditions of this Title and related 
subsidiary agreements.
Section 234
    The Government of the Republic of the Marshall Islands 
pledges to cooperate with, permit, and assist if reasonably 
requested, designated and authorized representatives of the 
Government of the United States charged with investigating 
whether Compact funds, or any other assistance authorized under 
this Compact, as amended, have, or are being, used for purposes 
other than those set forth in this Compact, as amended, or its 
subsidiary agreements. In carrying out this investigative 
authority, such United States Government representatives may 
request that the Government of the Republic of the Marshall 
Islands subpoena documents and records and compel testimony in 
accordance with the laws and Constitution of the Republic of 
the Marshall Islands. Such assistance by the Government of the 
Republic of the Marshall Islands to the Government of the 
United States shall not be unreasonably withheld. The 
obligation of the Government of the Marshall Islands to fulfill 
its pledge herein is a condition to its receiving payment of 
such funds or other assistance authorized under this Compact, 
as amended. The Government of the United States shall pay any 
reasonable costs for extraordinary services executed by the 
Government of the Marshall Islands in carrying out the 
provisions of this section.

                               Article IV

                                 Trade

Section 241
    The Republic of the Marshall Islands is not included in the 
customs territory of the United States.
Section 242
    The President shall proclaim the following tariff treatment 
for articles imported from the Republic of the Marshall Islands 
which shall apply during the period of effectiveness of this 
title:
          (a) Unless otherwise excluded, articles imported from 
        the Republic of the Marshall Islands, subject to the 
        limitations imposed under section 503(b) of title V of 
        the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be 
        exempt from duty.
          (b) Only tuna in airtight containers provided for in 
        heading 1604.14.22 of the Harmonized Tariff Schedule of 
        the United States that is imported from the Republic of 
        the Marshall Islands and the Federated States of 
        Micronesia during any calendar year not to exceed 10 
        percent of apparent United States consumption of tuna 
        in airtight containers during the immediately preceding 
        calendar year, as reported by the National Marine 
        Fisheries Service, shall be exempt from duty; but the 
        quantity of tuna given duty-free treatment under this 
        paragraph for any calendar year shall be counted 
        against the aggregated quantity of tuna in airtight 
        containers that is dutiable under rate column numbered 
        1 of such heading 1604.14.22 for that calendar year.
          (c) The duty-free treatment provided under subsection 
        (a) shall not apply to:
                  (1) watches, clocks, and timing apparatus 
                provided for in Chapter 91, excluding heading 
                9113, of the Harmonized Tariff Schedule of the 
                United States;
                  (2) buttons (whether finished or not 
                finished) provided for in items 9606.21.40 and 
                9606.29.20 of such Schedule;
                  (3) textile and apparel articles which are 
                subject to textile agreements; and
                  (4) footwear, handbags, luggage, flat goods, 
                work gloves, and leather wearing apparel which 
                were not eligible articles for purposes of 
                title V of the Trade Act of 1974 (19 U.S.C. 
                2461, et seq.) on April 1, 1984.
          (d) If the cost or value of materials produced in the 
        customs territory of the United States is included with 
        respect to an eligible article which is a product of 
        the Republic of the Marshall Islands, an amount not to 
        exceed 15 percent of the appraised value of the article 
        at the time it is entered that is attributable to such 
        United States cost or value may be applied for duty 
        assessment purposes toward determining the percentage 
        referred to in section 503(a)(2) of title V of the 
        Trade Act of 1974.
Section 243
    Articles imported from the Republic of the Marshall Islands 
which are not exempt from duty under subsections (a), (b), (c), 
and (d) of section 242 shall be subject to the rates of duty 
set forth in column numbered 1-general of the Harmonized Tariff 
Schedule of the United States (HTSUS).
Section 244
    (a) All products of the United States imported into the 
Republic of the Marshall Islands shall receive treatment no 
less favorable than that accorded like products of any foreign 
country with respect to customs duties or charges of a similar 
nature and with respect to laws and regulations relating to 
importation, exportation, taxation, sale, distribution, storage 
or use.
    (b) The provisions of subsection (a) shall not apply to 
advantages accorded by the Republic of the Marshall Islands by 
virtue of their full membership in the Pacific Island Countries 
Trade Agreement (PICTA), done on August 18, 2001, to those 
governments listed in Article 26 of PICTA, as of the date the 
Compact, as amended, is signed.
    (c) Prior to entering into consultations on, or concluding, 
a free trade agreement with governments not listed in Article 
26 of PICTA, the Republic of the Marshall Islands shall consult 
with the United States regarding whether or how subsection (a) 
of section 244 shall be applied.

                               Article V

                          Finance and Taxation

Section 251
    The currency of the United States is the official 
circulating legal tender of the Republic of the Marshall 
Islands. Should the Government of the Republic of the Marshall 
Islands act to institute another currency, the terms of an 
appropriate currency transitional period shall be as agreed 
with the Government of the United States.
Section 252
    The Government of the Republic of the Marshall Islands may, 
with respect to United States persons, tax income derived from 
sources within its respective jurisdiction, property situated 
therein, including transfers of such property by gift or at 
death, and products consumed therein, in such manner as the 
Government of the Republic of the Marshall Islands deems 
appropriate. The determination of the source of any income, or 
the situs of any property, shall for purposes of this Compact, 
as amended, be made according to the United States Internal 
Revenue Code.
Section 253
    A citizen of the Republic of the Marshall Islands, 
domiciled therein, shall be exempt from estate, gift, and 
generation-skipping transfer taxes imposed by the Government of 
the United States, provided that such citizen of the Republic 
of the Marshall Islands is neither a citizen nor a resident of 
the United States.
Section 254
    (a) In determining any income tax imposed by the Government 
of the Republic of the Marshall Islands, the Government of the 
Republic of the Marshall Islands shall have authority to impose 
tax upon income derived by a resident of the Republic of the 
Marshall Islands from sources without the Republic of the 
Marshall Islands, in the same manner and to the same extent as 
the Government of the Republic of the Marshall Islands imposes 
tax upon income derived from within its own jurisdiction. If 
the Government of the Republic of the Marshall Islands 
exercises such authority as provided in this subsection, any 
individual resident of the Republic of the Marshall Islands who 
is subject to tax by the Government of the United States on 
income which is also taxed by the Government of the Republic of 
the Marshall Islands shall be relieved of liability to the 
Government of the United States for the tax which, but for this 
subsection, would otherwise be imposed by the Government of the 
United States on such income. However, the relief from 
liability to the United States Government referred to in the 
preceding sentence means only relief in the form of the foreign 
tax credit (or deduction in lieu thereof) available with 
respect to the income taxes of a possession of the United 
States, and relief in the form of the exclusion under section 
911 of the Internal Revenue Code of 1986. For purposes of this 
section, the term ``resident of the Republic of the Marshall 
Islands'' shall be deemed to include any person who was 
physically present in the Republic of the Marshall Islands for 
a period of 183 or more days during any taxable year.
    (b) If the Government of the Republic of the Marshall 
Islands subjects income to taxation substantially similar to 
that which was imposed by the Trust Territory Code in effect on 
January 1, 1980, such Government shall be deemed to have 
exercised the authority described in section 254(a).
Section 255
    For purposes of section 274(h)(3)(A) of the U.S. Internal 
Revenue Code of 1986, the term ``North American Area'' shall 
include the Republic of the Marshall Islands.

                              TITLE THREE

                     SECURITY AND DEFENSE RELATIONS

                               Article I

                      Authority and Responsibility

Section 311
    (a) The Government of the United States has full authority 
and responsibility for security and defense matters in or 
relating to the Republic of the Marshall Islands.
    (b) This authority and responsibility includes:
          (1) the obligation to defend the Republic of the 
        Marshall Islands and its people from attack or threats 
        thereof as the United States and its citizens are 
        defended;
          (2) the option to foreclose access to or use of the 
        Republic of the Marshall Islands by military personnel 
        or for the military purposes of any third country; and
          (3) the option to establish and use military areas 
        and facilities in the Republic of the Marshall Islands, 
        subject to the terms of the separate agreements 
        referred to in sections 321 and 323.
    (c) The Government of the United States confirms that it 
shall act in accordance with the principles of international 
law and the Charter of the United Nations in the exercise of 
this authority and responsibility.
Section 312
    Subject to the terms of any agreements negotiated in 
accordance with sections 321 and 323, the Government of the 
United States may conduct within the lands, waters and airspace 
of the Republic of the Marshall Islands the activities and 
operations necessary for the exercise of its authority and 
responsibility under this Title.
Section 313
    (a) The Government of the Republic of the Marshall Islands 
shall refrain from actions that the Government of the United 
States determines, after appropriate consultation with that 
Government, to be incompatible with its authority and 
responsibility for security and defense matters in or relating 
to the Republic of the Marshall Islands.
    (b) The consultations referred to in this section shall be 
conducted expeditiously at senior levels of the two 
Governments, and the subsequent determination by the Government 
of the United States referred to in this section shall be made 
only at senior interagency levels of the Government of the 
United States.
    (c) The Government of the Republic of the Marshall Islands 
shall be afforded, on an expeditious basis, an opportunity to 
raise its concerns with the United States Secretary of State 
personally and the United States Secretary of Defense 
personally regarding any determination made in accordance with 
this section.
Section 314
    (a) Unless otherwise agreed, the Government of the United 
States shall not, in the Republic of the Marshall Islands:
          (1) test by detonation or dispose of any nuclear 
        weapon, nor test, dispose of, or discharge any toxic 
        chemical or biological weapon; or
          (2) test, dispose of, or discharge any other 
        radioactive, toxic chemical or biological materials in 
        an amount or manner that would be hazardous to public 
        health or safety.
    (b) Unless otherwise agreed, other than for transit or 
overflight purposes or during time of a national emergency 
declared by the President of the United States, a state of war 
declared by the Congress of the United States or as necessary 
to defend against an actual or impending armed attack on the 
United States, the Republic of the Marshall Islands or the 
Federated States of Micronesia, the Government of the United 
States shall not store in the Republic of the Marshall Islands 
or the Federated States of Micronesia any toxic chemical 
weapon, nor any radioactive materials nor any toxic chemical 
materials intended for weapons use.
    (c) Radioactive, toxic chemical, or biological materials 
not intended for weapons use shall not be affected by section 
314(b).
    (d) No material or substance referred to in this section 
shall be stored in the Republic of the Marshall Islands except 
in an amount and manner which would not be hazardous to public 
health or safety. In determining what shall be an amount or 
manner which would be hazardous to public health or safety 
under this section, the Government of the United States shall 
comply with any applicable mutual agreement, international 
guidelines accepted by the Government of the United States, and 
the laws of the United States and their implementing 
regulations.
    (e) Any exercise of the exemption authority set forth in 
section 161(e) shall have no effect on the obligations of the 
Government of the United States under this section or on the 
application of this subsection.
    (f) The provisions of this section shall apply in the areas 
in which the Government of the Republic of the Marshall Islands 
exercises jurisdiction over the living resources of the seabed, 
subsoil or water column adjacent to its coasts.
Section 315
    The Government of the United States may invite members of 
the armed forces of other countries to use military areas and 
facilities in the Republic of the Marshall Islands, in 
conjunction with and under the control of United States Armed 
Forces. Use by units of the armed forces of other countries of 
such military areas and facilities, other than for transit and 
overflight purposes, shall be subject to consultation with and, 
in the case of major units, approval of the Government of the 
Republic of the Marshall Islands.
Section 316
    The authority and responsibility of the Government of the 
United States under this Title may not be transferred or 
otherwise assigned.

                               Article II

                Defense Facilities and Operating Rights

Section 321
    (a) Specific arrangements for the establishment and use by 
the Government of the United States of military areas and 
facilities in the Republic of the Marshall Islands are set 
forth in separate agreements, which shall remain in effect in 
accordance with the terms of such agreements.
    (b) If, in the exercise of its authority and responsibility 
under this Title, the Government of the United States requires 
the use of areas within the Republic of the Marshall Islands in 
addition to those for which specific arrangements are concluded 
pursuant to section 321(a), it may request the Government of 
the Republic of the Marshall Islands to satisfy those 
requirements through leases or other arrangements. The 
Government of the Republic of the Marshall Islands shall 
sympathetically consider any such request and shall establish 
suitable procedures to discuss it with and provide a prompt 
response to the Government of the United States.
    (c) The Government of the United States recognizes and 
respects the scarcity and special importance of land in the 
Republic of the Marshall Islands. In making any requests 
pursuant to section 321(b), the Government of the United States 
shall follow the policy of requesting the minimum area 
necessary to accomplish the required security and defense 
purpose, of requesting only the minimum interest in real 
property necessary to support such purpose, and of requesting 
first to satisfy its requirement through public real property, 
where available, rather than through private real property.
Section 322
    The Government of the United States shall provide and 
maintain fixed and floating aids to navigation in the Republic 
of the Marshall Islands at least to the extent necessary for 
the exercise of its authority and responsibility under this 
Title.
Section 323
    The military operating rights of the Government of the 
United States and the legal status and contractual arrangements 
of the United States Armed Forces, their members, and 
associated civilians, while present in the Republic of the 
Marshall Islands are set forth in separate agreements, which 
shall remain in effect in accordance with the terms of such 
agreements.

                              Article III

         Defense Treaties and International Security Agreements

Section 331
    Subject to the terms of this Compact, as amended, and its 
related agreements, the Government of the United States, 
exclusively, has assumed and enjoys, as to the Republic of the 
Marshall Islands, all obligations, responsibilities, rights and 
benefits of:
          (a) Any defense treaty or other international 
        security agreement applied by the Government of the 
        United States as Administering Authority of the Trust 
        Territory of the Pacific Islands as of October 20, 
        1986.
          (b) Any defense treaty or other international 
        security agreement to which the Government of the 
        United States is or may become a party which it 
        determines to be applicable in the Republic of the 
        Marshall Islands. Such a determination by the 
        Government of the United States shall be preceded by 
        appropriate consultation with the Government of the 
        Republic of the Marshall Islands.

                               Article IV

              Service in Armed Forces of the United States

Section 341
    Any person entitled to the privileges set forth in Section 
141 (with the exception of any person described in section 
141(a)(5) who is not a citizen of the Republic of the Marshall 
Islands) shall be eligible to volunteer for service in the 
Armed Forces of the United States, but shall not be subject to 
involuntary induction into military service of the United 
States as long as such person has resided in the United States 
for a period of less than one year, provided that no time shall 
count towards this one year while a person admitted to the 
United States under the Compact, or the Compact, as amended, is 
engaged in full-time study in the United States. Any person 
described in section 141(a)(5) who is not a citizen of the 
Republic of the Marshall Islands shall be subject to United 
States laws relating to selective service.
Section 342
    The Government of the United States shall have enrolled, at 
any one time, at least one qualified student from the Republic 
of the Marshall Islands, as may be nominated by the Government 
of the Republic of the Marshall Islands, in each of:
          (a) The United States Coast Guard Academy pursuant to 
        14 U.S.C. 195.
          (b) The United States Merchant Marine Academy 
        pursuant to 46 U.S.C. 1295(b)(6), provided that the 
        provisions of 46 U.S.C. 1295b(b)(6)(C) shall not apply 
        to the enrollment of students pursuant to section 
        342(b) of this Compact, as amended.

                               Article V

                           General Provisions

Section 351
    (a) The Government of the United States and the Government 
of the Republic of the Marshall Islands shall continue to 
maintain a Joint Committee empowered to consider disputes 
arising under the implementation of this Title and its related 
agreements.
    (b) The membership of the Joint Committee shall comprise 
selected senior officials of the two Governments. The senior 
United States military commander in the Pacific area shall be 
the senior United States member of the Joint Committee. For the 
meetings of the Joint Committee, each of the two Governments 
may designate additional or alternate representatives as 
appropriate for the subject matter under consideration.
    (c) Unless otherwise mutually agreed, the Joint Committee 
shall meet annually at a time and place to be designated, after 
appropriate consultation, by the Government of the United 
States. The Joint Committee also shall meet promptly upon 
request of either of its members. The Joint Committee shall 
follow such procedures, including the establishment of 
functional subcommittees, as the members may from time to time 
agree. Upon notification by the Government of the United 
States, the Joint Committee of the United States and the 
Republic of the Marshall Islands shall meet promptly in a 
combined session with the Joint Committee established and 
maintained by the Government of the United States and the 
Government of the Federated States of Micronesia to consider 
matters within the jurisdiction of the two Joint Committees.
    (d) Unresolved issues in the Joint Committee shall be 
referred to the Governments for resolution, and the Government 
of the Republic of the Marshall Islands shall be afforded, on 
an expeditious basis, an opportunity to raise its concerns with 
the United States Secretary of Defense personally regarding any 
unresolved issue which threatens its continued association with 
the Government of the United States.
Section 352
    In the exercise of its authority and responsibility under 
Title Three, the Government of the United States shall accord 
due respect to the authority and responsibility of the 
Government of the Republic of the Marshall Islands under Titles 
One, Two and Four and to the responsibility of the Government 
of the Republic of the Marshall Islands to assure the well-
being of its people.
Section 353
    (a) The Government of the United States shall not include 
the Government of the Republic of the Marshall Islands as a 
named party to a formal declaration of war, without that 
Government's consent.
    (b) Absent such consent, this Compact, as amended, is 
without prejudice, on the ground of belligerence or the 
existence of a state of war, to any claims for damages which 
are advanced by the citizens, nationals or Government of the 
Republic of the Marshall Islands, which arise out of armed 
conflict subsequent to October 21, 1986, and which are:
          (1) petitions to the Government of the United States 
        for redress; or
          (2) claims in any manner against the government, 
        citizens, nationals or entities of any third country.
    (c) Petitions under section 353(b)(1) shall be treated as 
if they were made by citizens of the United States.
Section 354
    (a) The Government of the United States and the Government 
of the Republic of the Marshall Islands are jointly committed 
to continue their security and defense relations, as set forth 
in this Title. Accordingly, it is the intention of the two 
countries that the provisions of this Title shall remain 
binding as long as this Compact, as amended, remains in effect, 
and thereafter as mutually agreed, unless earlier terminated by 
mutual agreement pursuant to section 441, or amended pursuant 
to Article III of Title Four. If at any time the Government of 
the United States, or the Government of the Republic of the 
Marshall Islands, acting unilaterally, terminates this Title, 
such unilateral termination shall be considered to be 
termination of the entire Compact, as amended, in which case 
the provisions of section 442 and 452 (in the case of 
termination by the Government of the United States) or sections 
443 and 453 (in the case of termination by the Government of 
the Republic of the Marshall Islands), with the exception of 
paragraph (3) of subsection (a) of section 452 or paragraph (3) 
of subsection (a) of section 453, as the case may be, shall 
apply.
    (b) The Government of the United States recognizes, in view 
of the special relationship between the Government of the 
United States and the Government of the Republic of the 
Marshall Islands, and in view of the existence of the separate 
agreement regarding mutual security concluded with the 
Government of the Republic of the Marshall Islands pursuant to 
sections 321 and 323, that, even if this Title should 
terminate, any attack on the Republic of the Marshall Islands 
during the period in which such separate agreement is in 
effect, would constitute a threat to the peace and security of 
the entire region and a danger to the United States. In the 
event of such an attack, the Government of the United States 
would take action to meet the danger to the United States and 
to the Republic of the Marshall Islands in accordance with its 
constitutional processes.
    (c) As reflected in Article 21(1)(b) of the Trust Fund 
Agreement, the Government of the United States and the 
Government of the Republic of the Marshall Islands further 
recognize, in view of the special relationship between their 
countries, that even if this Title should terminate, the 
Government of Republic of the Marshall Islands shall refrain 
from actions which the Government of the United States 
determines, after appropriate consultation with that 
Government, to be incompatible with its authority and 
responsibility for security and defense matters in or relating 
to the Republic of the Marshall Islands or the Federated States 
of Micronesia.

                               TITLE FOUR

                           GENERAL PROVISIONS

                               Article I

                      Approval and Effective Date

Section 411
    Pursuant to section 432 of the Compact and subject to 
subsection (e) of section 461 of the Compact, as amended, the 
Compact, as amended, shall come into effect upon mutual 
agreement between the Government of the United States and the 
Government of the Republic of the Marshall Islands subsequent 
to completion of the following:
          (a) Approval by the Government of the Republic of the 
        Marshall Islands in accordance with its constitutional 
        processes.
          (b) Approval by the Government of the United States 
        in accordance with its constitutional processes.

                               Article II

                   Conference and Dispute Resolution

Section 421
    The Government of the United States shall confer promptly 
at the request of the Government of the Republic of the 
Marshall Islands and that Government shall confer promptly at 
the request of the Government of the United States on matters 
relating to the provisions of this Compact, as amended, or of 
its related agreements.
Section 422
    In the event the Government of the United States or the 
Government of the Republic of the Marshall Islands, after 
conferring pursuant to section 421, determines that there is a 
dispute and gives written notice thereof, the two Governments 
shall make a good faith effort to resolve the dispute between 
themselves.
Section 423
    If a dispute between the Government of the United States 
and the Government of the Republic of the Marshall Islands 
cannot be resolved within 90 days of written notification in 
the manner provided in section 422, either party to the dispute 
may refer it to arbitration in accordance with section 424.
Section 424
    Should a dispute be referred to arbitration as provided for 
in section 423, an Arbitration Board shall be established for 
the purpose of hearing the dispute and rendering a decision 
which shall be binding upon the two parties to the dispute 
unless the two parties mutually agree that the decision shall 
be advisory. Arbitration shall occur according to the following 
terms:
          (a) An Arbitration Board shall consist of a Chairman 
        and two other members, each of whom shall be a citizen 
        of a party to the dispute. Each of the two Governments 
        that is a party to the dispute shall appoint one member 
        to the Arbitration Board. If either party to the 
        dispute does not fulfill the appointment requirements 
        of this section within 30 days of referral of the 
        dispute to arbitration pursuant to section 423, its 
        member on the Arbitration Board shall be selected from 
        its own standing list by the other party to the 
        dispute. Each Government shall maintain a standing list 
        of 10 candidates. The parties to the dispute shall 
        jointly appoint a Chairman within 15 days after 
        selection of the other members of the Arbitration 
        Board. Failing agreement on a Chairman, the Chairman 
        shall be chosen by lot from the standing lists of the 
        parties to the dispute within 5 days after such 
        failure.
          (b) Unless otherwise provided in this Compact, as 
        amended, or its related agreements, the Arbitration 
        Board shall have jurisdiction to hear and render its 
        final determination on all disputes arising exclusively 
        under Articles I, II, III, IV and V of Title One, Title 
        Two, Title Four, and their related agreements.
          (c) Each member of the Arbitration Board shall have 
        one vote. Each decision of the Arbitration Board shall 
        be reached by majority vote.
          (d) In determining any legal issue, the Arbitration 
        Board may have reference to international law and, in 
        such reference, shall apply as guidelines the 
        provisions set forth in Article 38 of the Statute of 
        the International Court of Justice.
          (e) The Arbitration Board shall adopt such rules for 
        its proceedings as it may deem appropriate and 
        necessary, but such rules shall not contravene the 
        provisions of this Compact, as amended. Unless the 
        parties provide otherwise by mutual agreement, the 
        Arbitration Board shall endeavor to render its decision 
        within 30 days after the conclusion of arguments. The 
        Arbitration Board shall make findings of fact and 
        conclusions of law and its members may issue dissenting 
        or individual opinions. Except as may be otherwise 
        decided by the Arbitration Board, one-half of all costs 
        of the arbitration shall be borne by the Government of 
        the United States and the remainder shall be borne by 
        the Government of the Republic of the Marshall Islands.

                              Article III

                               Amendment

Section 431
    The provisions of this Compact, as amended, may be further 
amended by mutual agreement of the Government of the United 
States and the Government of the Republic of the Marshall 
Islands, in accordance with their respective constitutional 
processes.

                               Article IV

                              Termination

Section 441
    This Compact, as amended, may be terminated by mutual 
agreement of the Government of the Republic of the Marshall 
Islands and the Government of the United States, in accordance 
with their respective constitutional processes. Such mutual 
termination of this Compact, as amended, shall be without 
prejudice to the continued application of section 451 of this 
Compact, as amended, and the provisions of the Compact, as 
amended, set forth therein.
Section 442
    Subject to section 452, this Compact, as amended, may be 
terminated by the Government of the United States in accordance 
with its constitutional processes. Such termination shall be 
effective on the date specified in the notice of termination by 
the Government of the United States but not earlier than six 
months following delivery of such notice. The time specified in 
the notice of termination may be extended. Such termination of 
this Compact, as amended, shall be without prejudice to the 
continued application of section 452 of this Compact, as 
amended, and the provisions of the Compact, as amended, set 
forth therein.
Section 443
    This Compact, as amended, shall be terminated by the 
Government of the Republic of the Marshall Islands, pursuant to 
its constitutional processes, subject to section 453 if the 
people represented by that Government vote in a plebiscite to 
terminate the Compact. The Government of the Republic of the 
Marshall Islands shall notify the Government of the United 
States of its intention to call such a plebiscite, which shall 
take place not earlier than three months after delivery of such 
notice. The plebiscite shall be administered by the Government 
of the Republic of the Marshall Islands in accordance with its 
constitutional and legislative processes, but the Government of 
the United States may send its own observers and invite 
observers from a mutually agreed party. If a majority of the 
valid ballots cast in the plebiscite favors termination, the 
Government of the Republic of the Marshall Islands shall, upon 
certification of the results of the plebiscite, give notice of 
termination to the Government of the United States, such 
termination to be effective on the date specified in such 
notice but not earlier than three months following the date of 
delivery of such notice. The time specified in the notice of 
termination may be extended.

                               Article V

                             Survivability

Section 451
    (a) Should termination occur pursuant to section 441, 
economic and other assistance by the Government of the United 
States shall continue only if and as mutually agreed by the 
Governments of the United States and the Republic of the 
Marshall Islands, and in accordance with the countries' 
respective constitutional processes.
    (b) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections (b) and (c) of section 354 of this Compact, as 
amended, and the separate agreement entered into consistent 
with those subsections, if termination occurs pursuant to 
section 441 prior to the twentieth anniversary of the effective 
date of this Compact, as amended, the United States shall 
continue to make contributions to the Trust Fund described in 
section 216 of this Compact, as amended.
    (c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands described in 
subsection (b) of this section, if termination occurs pursuant 
to section 441 following the twentieth anniversary of the 
effective date of this Compact, as amended, the Republic of the 
Marshall Islands shall be entitled to receive proceeds from the 
Trust Fund described in section 216 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement.
Section 452
    (a) Should termination occur pursuant to section 442 prior 
to the twentieth anniversary of the effective date of this 
Compact, as amended, the following provisions of this amended 
Compact shall remain in full force and effect until the 
twentieth anniversary of the effective date of this Compact, as 
amended, and thereafter as mutually agreed:
          (1) Article VI and sections 172, 173, 176 and 177 of 
        Title One;
          (2) Article One and sections 232 and 234 of Title 
        Two;
          (3) Title Three; and
          (4) Articles II, III, V and VI of Title Four.
    (b) Should termination occur pursuant to section 442 before 
the twentieth anniversary of the effective date of this 
Compact, as amended:
          (1) Except as provided in paragraph (2) of this 
        subsection and subsection (c) of this section, economic 
        and other assistance by the United States shall 
        continue only if and as mutually agreed by the 
        Governments of the United States and the Republic of 
        the Marshall Islands.
          (2) In view of the special relationship of the United 
        States and the Republic of the Marshall Islands, as 
        reflected in subsections (b) and (c) of section 354 of 
        this Compact, as amended, and the separate agreement 
        regarding mutual security, and the Trust Fund 
        Agreement, the United States shall continue to make 
        contributions to the Trust Fund described in section 
        216 of this Compact, as amended, in the manner 
        described in the Trust Fund Agreement.
    (c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, and 
the separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 442 
following the twentieth anniversary of the effective date of 
this Compact, as amended, the Republic of the Marshall Islands 
shall continue to be eligible to receive proceeds from the 
Trust Fund described in section 216 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement.
Section 453
    (a) Should termination occur pursuant to section 443 prior 
to the twentieth anniversary of the effective date of this 
Compact, as amended, the following provisions of this Compact, 
as amended, shall remain in full force and effect until the 
twentieth anniversary of the effective date of this Compact, as 
amended, and thereafter as mutually agreed:
          (1) Article VI and sections 172, 173, 176 and 177 of 
        Title One;
          (2) Sections 232 and 234 of Title Two;
          (3) Title Three; and
          (4) Articles II, III, V and VI of Title Four.
    (b) Upon receipt of notice of termination pursuant to 
section 443, the Government of the United States and the 
Government of the Republic of the Marshall Islands shall 
promptly consult with regard to their future relationship. 
Except as provided in subsections (c) and (d) of this section, 
these consultations shall determine the level of economic and 
other assistance, if any, which the Government of the United 
States shall provide to the Government of the Republic of the 
Marshall Islands for the period ending on the twentieth 
anniversary of the effective date of this Compact, as amended, 
and for any period thereafter, if mutually agreed.
    (c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, and 
the separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 443 
prior to the twentieth anniversary of the effective date of 
this Compact, as amended, the United States shall continue to 
make contributions to the Trust Fund described in section 216 
of this Compact, as amended.
    (d) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, and 
the separate agreement regarding mutual security, and the Trust 
Fund Agreement, if termination occurs pursuant to section 443 
following the twentieth anniversary of the effective date of 
this Compact, as amended, the Republic of the Marshall Islands 
shall continue to be eligible to receive proceeds from the 
Trust Fund described in section 216 of this Compact, as 
amended, in the manner described in those provisions and the 
Trust Fund Agreement.
Section 454
    Notwithstanding any other provision of this Compact, as 
amended:
          (a) The Government of the United States reaffirms its 
        continuing interest in promoting the economic 
        advancement and budgetary self-reliance of the people 
        of the Republic of the Marshall Islands.
          (b) The separate agreements referred to in Article II 
        of Title Three shall remain in effect in accordance 
        with their terms.

                               Article VI

                          Definition of Terms

Section 461
    For the purpose of this Compact, as amended, only, and 
without prejudice to the views of the Government of the United 
States or the Government of the Republic of the Marshall 
Islands as to the nature and extent of the jurisdiction of 
either of them under international law, the following terms 
shall have the following meanings:
          (a) ``Trust Territory of the Pacific Islands'' means 
        the area established in the Trusteeship Agreement 
        consisting of the former administrative districts of 
        Kosrae, Yap, Ponape, the Marshall Islands and Truk as 
        described in Title One, Trust Territory Code, section 
        1, in force on January 1, 1979. This term does not 
        include the area of Palau or the Northern Mariana 
        Islands.
          (b) ``Trusteeship Agreement'' means the agreement 
        setting forth the terms of trusteeship for the Trust 
        Territory of the Pacific Islands, approved by the 
        Security Council of the United Nations April 2, 1947, 
        and by the United States July 18, 1947, entered into 
        force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 
        U.N.T.S. 189.
          (c) ``The Republic of the Marshall Islands'' and 
        ``the Federated States of Micronesia'' are used in a 
        geographic sense and include the land and water areas 
        to the outer limits of the territorial sea and the air 
        space above such areas as now or hereafter recognized 
        by the Government of the United States.
          (d) ``Compact'' means the Compact of Free Association 
        Between the United States and the Federated States of 
        Micronesia and the Marshall Islands, that was approved 
        by the United States Congress in section 201 of Public 
        Law 99-239 (Jan. 14, 1986) and went into effect with 
        respect to the Republic of the Marshall Islands on 
        October 21, 1986.
          (e) ``Compact, as amended'' means the Compact of Free 
        Association Between the United States and the Republic 
        of the Marshall Islands, as amended. The effective date 
        of the Compact, as amended, shall be on a date to be 
        determined by the President of the United States, and 
        agreed to by the Government of the Republic of the 
        Marshall Islands, following formal approval of the 
        Compact, as amended, in accordance with section 411 of 
        this Compact, as amended.
          (f) ``Government of the Republic of the Marshall 
        Islands'' means the Government established and 
        organized by the Constitution of the Republic of the 
        Marshall Islands including all the political 
        subdivisions and entities comprising that Government.
          (g) ``Government of the Federated States of 
        Micronesia'' means the Government established and 
        organized by the Constitution of the Federated States 
        of Micronesia including all the political subdivisions 
        and entities comprising that Government.
          (h) The following terms shall be defined consistent 
        with the 1978 Edition of the Radio Regulations of the 
        International Telecommunications as follows:
                  (1) ``Radiocommunication'' means 
                telecommunication by means of radio waves.
                  (2) ``Station'' means one or more 
                transmitters or receivers or a combination of 
                transmitters and receivers, including the 
                accessory equipment, necessary at one location 
                for carrying on a radiocommunication service, 
                or the radio astronomy service.
                  (3) ``Broadcasting Service'' means a 
                radiocommunication service in which the 
                transmissions are intended for direct reception 
                by the general public. This service may include 
                sound transmissions, television transmissions 
                or other types of transmission.
                  (4) ``Broadcasting Station'' means a station 
                in the broadcasting service.
                  (5) ``Assignment (of a radio frequency or 
                radio frequency channel)'' means an 
                authorization given by an administration for a 
                radio station to use a radio frequency or radio 
                frequency channel under specified conditions.
                  (6) ``Telecommunication'' means any 
                transmission, emission or reception of signs, 
                signals, writings, images and sounds or 
                intelligence of any nature by wire, radio, 
                optical or other electromagnetic systems.
          (i) ``Military Areas and Facilities'' means those 
        areas and facilities in the Republic of the Marshall 
        Islands reserved or acquired by the Government of the 
        Republic of the Marshall Islands for use by the 
        Government of the United States, as set forth in the 
        separate agreements referred to in section 321.
          (j) ``Tariff Schedules of the United States'' means 
        the Tariff Schedules of the United States as amended 
        from time to time and as promulgated pursuant to United 
        States law and includes the Tariff Schedules of the 
        United States Annotated (TSUSA), as amended.
          (k) ``Vienna Convention on Diplomatic Relations'' 
        means the Vienna Convention on Diplomatic Relations, 
        done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 
        U.N.T.S. 95.
Section 462
    (a) The Government of the United States and the Government 
of the Republic of the Marshall Islands previously have 
concluded agreements, which shall remain in effect and shall 
survive in accordance with their terms, as follows:
          (1) Agreement Between the Government of the United 
        States and the Government of the Marshall Islands for 
        the Implementation of Section 177 of the Compact of 
        Free Association;
          (2) Agreement Between the Government of the United 
        States and the Government of the Marshall Islands by 
        Persons Displaced as a Result of the United States 
        Nuclear Testing Program in the Marshall Islands;
          (3) Agreement Between the Government of the United 
        States and the Government of the Marshall Islands 
        Regarding the Resettlement of Enjebi Island;
          (4) Agreement Concluded Pursuant to Section 234 of 
        the Compact; and
          (5) Agreement Between the Government of the United 
        States and the Government of the Marshall Islands 
        Regarding Mutual Security Concluded Pursuant to 
        Sections 321 and 323 of the Compact of Free 
        Association.
    (b) The Government of the United States and the Government 
of the Republic of the Marshall Islands shall conclude prior to 
the date of submission of this Compact to the legislatures of 
the two countries, the following related agreements which shall 
come into effect on the effective date of this Compact, as 
amended, and shall survive in accordance with their terms, as 
follows:
          (1) Federal Programs and Services Agreement Between 
        the Government of the United States of America and the 
        Government of the Republic of the Marshall Islands 
        Concluded Pursuant to Article III of Title One, Article 
        II of Title Two (including Section 222), and Section 
        231 of the Compact of Free Association, as Amended, 
        which include:
                  (i) Postal Services and Related Programs;
                  (ii) Weather Services and Related Programs;
                  (iii) Civil Aviation Safety Service and 
                Related Programs;
                  (iv) Civil Aviation Economic Services and 
                Related Programs;
                  (v) United States Disaster Preparedness and 
                Response Services and Related Programs; and
                  (vi) Telecommunications Services and Related 
                Programs.
          (2) Agreement Between the Government of the United 
        States of America and the Government of the Republic of 
        the Marshall Islands on Extradition, Mutual Assistance 
        in Law Enforcement Matters and Penal Sanctions 
        Concluded Pursuant to Section 175 (a) of the Compact of 
        Free Association, as Amended;
          (3) Agreement Between the Government of the United 
        States of America and the Government of the Republic of 
        the Marshall Islands on Labor Recruitment Concluded 
        Pursuant to Section 175 (b) of the Compact of Free 
        Association, as Amended;
          (4) Agreement Concerning Procedures for the 
        Implementation of United States Economic Assistance 
        Provided in the Compact, as Amended, of Free 
        Association Between the Government of the United States 
        of America and the Government of the Republic of the 
        Marshall Islands;
          (5) Agreement Between the Government of the United 
        States of America and the Government of the Republic of 
        the Marshall Islands Implementing Section 216 and 
        Section 217 of the Compact, as Amended, Regarding a 
        Trust Fund;
          (6) Agreement Regarding the Military Use and 
        Operating Rights of the Government of the United States 
        in the Republic of the Marshall Islands Concluded 
        Pursuant to Sections 321 and 323 of the Compact of Free 
        Association, as Amended; and
          (7) Status of Forces Agreement Between the Government 
        of the United States of America and the Government of 
        the Republic of the Marshall Islands Concluded Pursuant 
        to Section 323 of the Compact of Free Association, as 
        Amended.
Section 463
    (a) Except as set forth in subsection (b) of this section, 
any reference in this Compact, as amended, to a provision of 
the United States Code or the Statutes at Large of the United 
States constitutes the incorporation of the language of such 
provision into this Compact, as amended, as such provision was 
in force on the effective date of this Compact, as amended.
    (b) Any reference in Article IV and VI of Title One, and 
Sections 174, 175, 178 and 342 to a provision of the United 
States Code or the Statutes at Large of the United States or to 
the Privacy Act, the Freedom of Information Act, the 
Administrative Procedure Act or the Immigration and Nationality 
Act constitutes the incorporation of the language of such 
provision into this Compact, as amended, as such provision was 
in force on the effective date of this Compact, as amended, or 
as it may be amended thereafter on a non-discriminatory basis 
according to the constitutional processes of the United States.

                              Article VII

                         Concluding Provisions

Section 471
    Both the Government of the United States and the Government 
of the Republic of the Marshall Islands shall take all 
necessary steps, of a general or particular character, to 
ensure, no later than the entry into force date of this 
Compact, as amended, the conformity of its laws, regulations 
and administrative procedures with the provisions of this 
Compact, as amended, or, in the case of subsection (d) of 
section 141, as soon as reasonably possible thereafter.
Section 472
    This Compact, as amended, may be accepted, by signature or 
otherwise, by the Government of the United States and the 
Government of the Republic of the Marshall Islands.
    IN WITNESS WHEREOF, the undersigned, duly authorized, have 
signed this Compact of Free Association, as amended, which 
shall enter into force upon the exchange of diplomatic notes by 
which the Government of the United States of America and the 
Government of the Republic of the Marshall Islands inform each 
other about the fulfillment of their respective requirements 
for entry into force.
    DONE at Majuro, Republic of the Marshall Islands, in 
duplicate, this thirtieth (30) day of April, 2003, each text 
being equally authentic.

 Signed (April 30, 2003)              Signed (April 30, 2003)
For the Government of the            For the Government of the
United States of America:            Republic of the Marshall Islands:Ambassador Michael J. Senko          His Excellency Banny deBrum
U.S. Ambassador to the               Ambassador Extraordinary and
Republic of the Marshall Islands     Plenipotentiary
               b. Compact of Free Association Act of 1985

   Partial text of Public Law 99-239 [H.J. Res. 187], 99 Stat. 1770, 
approved January 14, 1986; as amended by Public Law 99-514 [Tax Reform 
  Act of 1986; H.R. 3838], 100 Stat. 2085, approved October 22, 1986; 
 Public Law 99-658 [H.J. Res. 626], 100 Stat. 3672, approved November 
 14, 1986; Public Law 102-247 [Omnibus Insular Areas Act of 1992; H.R. 
  2927], 106 Stat. 33, approved February 24, 1992; Public Law 102-486 
[Energy Policy Act of 1992; H.R. 775], 106 Stat. 2776, approved October 
  24, 1992; Public Law 102-572 [Federal Courts Administration Act of 
 1992; S. 1569], 106 Stat. 4506, approved October 29, 1992; Public Law 
 102-583 [International Narcotics Control Act of 1992; H.R. 6187], 106 
  Stat. 4914, approved November 2, 1992; Public Law 104-208 [Omnibus 
  Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3001, 
approved September 30, 1996; Public Law 105-209 [H.R. 1460], 112 Stat. 
 880, approved July 29, 1998; and Public Law 106-504 [H.R. 2462], 114 
                 Stat. 2309, approved November 13, 2000

 JOINT RESOLUTION To approve the ``Compact of Free Association'', and 
                          for other purposes.

Whereas the United States, in accordance with the Trusteeship 
    Agreement, and Charter of the United Nations and the 
    objectives of the international trusteeship system, has 
    promoted the development of the peoples of the Trust 
    Territory toward self-government or independence as 
    appropriate to the particular circumstances of the Trust 
    Territory and its peoples and the freely expressed wishes 
    of the people concerned; and
Whereas the United States, in response to the desires of the 
    peoples of the Federated States of Micronesia and the 
    Marshall Islands expressed through their freely-elected 
    representatives and by the official pronouncements and 
    enactments of their lawfully constituted governments, and 
    in consideration of its own obligations under the 
    Trusteeship Agreement to promote self-determination, 
    entered into political status negotiations with 
    representatives of the peoples of the Federated States of 
    Micronesia, and the Marshall Islands; and
Whereas these negotiations resulted in the ``Compact of Free 
    Association'' which, together with its related agreements, 
    was signed by the United States and by the Federated States 
    of Micronesia and the Republic of the Marshall Islands on 
    October 1, 1982 and June 25, 1983, respectively; and
Whereas the Compact of Free Association was approved by 
    majorities of the peoples of the Federated States of 
    Micronesia and the Marshall Islands in United Nations-
    observed plebiscites conducted on June 21, 1983 and 
    September 7, 1983, respectively; and
Whereas the Compact of Free Association has been approved by 
    the Governments of the Federated States of Micronesia and 
    the Marshall Islands in accordance with their respective 
    constitutional processes, thus completing fully for the 
    Federated States of Micronesia and the Marshall Islands 
    their domestic approval processes with respect to the 
    Compact as contemplated in Compact Section 411: Now, 
    therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This joint resolution, together with the 
Table of Contents in subsection (b) of this section, may be 
cited as the ``Compact of Free Association Act of 1985''.
    (b) Table of Contents. * * *

  TITLE I--APPROVAL OF COMPACT; INTERPRETATION OF, AND U.S. POLICIES 
              REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS

SEC. 101.\1\ APPROVAL OF COMPACT OF FREE ASSOCIATION.

    (a) Federated States of Micronesia.--The Compact of Free 
Association set forth in title II of this joint resolution 
between the United States and the Government of the Federated 
States of Micronesia is hereby approved, and Congress hereby 
consents to the subsidiary agreements as set forth on pages 115 
through 391 of House Document 98-192 of March 30, 1984, as they 
relate to such Government. Subject to the provisions of this 
joint resolution, the President is authorized to agree, in 
accordance with section 411 of the Compact, to an effective 
date for and thereafter to implement such Compact, having taken 
into account any procedures with respect to the United Nations 
for termination of the Trusteeship Agreement.
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1901.
---------------------------------------------------------------------------
    (b) Marshall Islands.--The Compact of Free Association set 
forth in title II of this joint resolution between the United 
States and the Government of the Marshall Islands is hereby 
approved, and Congress hereby consents to the subsidiary 
agreements as set forth on pages 115 through 391 of House 
Document 98-192 of March 30, 1984, as they relate to such 
Government. Subject to the provisions of this joint resolution, 
the President is authorized to agree, in accordance with 
section 411 of the Compact, to an effective date for and 
thereafter to implement such Compact, having taken into account 
any procedures with respect to the United Nations for 
termination of the Trusteeship Agreement.
    (c) Reference to the Compact.--Any reference in this joint 
resolution to ``the Compact'' shall be treated as a reference 
to the Compact of Free Association set forth in title II of 
this joint resolution.
    (d) \2\ Amendment, Change, or Termination in the Compact 
and Certain Agreements.--(1) Mutual agreement by the Government 
of the United States as provided in the Compact which results 
in amendment, change, or termination of all or any part thereof 
shall be effected only by Act of Congress and no unilateral 
action by the Government of the United States provided for in 
the Compact, and having such result, may be effected other than 
by Act of Congress.
---------------------------------------------------------------------------
    \2\ Public Law 101-62 (103 Stat. 162) provided the following:
    ``Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That, pursuant to 
section 101(d) of Public Law 99-239, the following agreements are 
approved and shall enter into force in accordance with their terms:
---------------------------------------------------------------------------

  ``(1) `Agreement Between the Government of the United States and the 
Government of the Republic of the Marshall Islands to Amend the 
Governmental Representation Provisions of the Compact of Free Association 
Pursuant to section 432 of the Compact', signed on March 18, 1988; and

  ``(2) `Agreement Between the Government of the United States and the 
Government of the Federated States of Micronesia to Amend the Governmental 
Representation Provisions of the Compact of Free Association Pursuant to 
section 432 of the Compact', signed on March 9, 1988.''.

    (2) The provisions of paragraph (1) shall apply--
          (A) to all actions of the Government of the United 
        States under the Compact including, but not limited to, 
        actions taken pursuant to sections 431, 432, 441, or 
        442;
          (B) to any amendment, change, or termination in the 
        Agreement between the Government of the United States 
        and the Government of the Federated States of 
        Micronesia Regarding Friendship, Cooperation and Mutual 
        Security Concluded Pursuant to Sections 321 and 323 of 
        the Compact of Free Association referred to in section 
        462(j) of the Compact and the Agreement between the 
        Government of the United States and the Government of 
        the Marshall Islands Concerning Mutual Security 
        Concluded Pursuant to Sections 321 and 323 of the 
        Compact of Free Association referred to in section 
        462(k) of the Compact;
          (C) to any amendment, change, or termination of the 
        agreements concluded pursuant to Compact sections 175, 
        177, and 221(a)(5), the terms of which are incorporated 
        by reference into the Compact; and
          (D) to the following subsidiary agreements, or 
        portions thereof:
                  (i) Article II of the agreement referred to 
                in section 462(a) of the Compact;
                  (ii) Article II of the agreement referred to 
                in section 462(b) of the Compact;
                  (iii) Article II and Section 7 of Article XI 
                of the agreement referred to in section 462(e) 
                of the Compact;
                  (iv) the agreement referred to in section 
                462(f) of the Compact;
                  (v) Articles III and IV of the agreement 
                referred to in section 462(g) of the Compact;
                  (vi) Articles III and IV of the agreement 
                referred to in section 462(h) of the Compact; 
                and
                  (vii) Articles VI, XV, and XVII of the 
                agreement referred to in section 462(i) of the 
                Compact.
    (e) Subsidiary Agreements Deemed Bilateral.--For purposes 
of implementation of the Compact and this joint resolution, 
each of the subsidiary agreements referred to in subsections 
(a) and (b) (whether or not bilateral in form) shall be deemed 
to be bilateral agreements between the United States and each 
other party to such subsidiary agreement. The consent or 
concurrence of any other party shall not be required for the 
effectiveness of any actions taken by the United States in 
conjunction with either the Federated States of Micronesia or 
the Marshall Islands which are intended to affect the 
implementation, modification, suspension, or termination of any 
such subsidiary agreement (or any provision thereof) as regards 
the mutual responsibilities of the United States and the party 
in conjunction with whom the actions are taken.
    (f) Effective Date.--(1) The President shall not agree to 
an effective date for the Compact, as authorized by this 
section, until after certifying to Congress that the agreements 
described in section 102 and section 103 of this title have 
been concluded.
    (2) Any agreement concluded with the Federated States of 
Micronesia or the Marshall Islands pursuant to sections 102 and 
103 of this title and any agreement which would amend, change, 
or terminate any subsidiary agreement or portion thereof as set 
forth in paragraph (4) of this subsection shall be submitted to 
the Congress. No such agreement shall take effect until after 
the expiration of 30 days after the date such agreement is so 
submitted (excluding days on which either House of Congress is 
not in session).
    (3) No agreement described in paragraph (2) shall take 
effect if a joint resolution of disapproval is enacted during 
the period specified in paragraph (2). For the purpose of 
expediting the consideration of such a joint resolution, a 
motion to proceed to the consideration of any such joint 
resolution after it has been reported by an appropriate 
committee shall be treated as highly privileged in the House of 
Representatives. Any such joint resolution shall be considered 
in the Senate in accordance with the provisions of section 
601(b) of Public Law 94-329.
    (4) The subsidiary agreements or portions thereof referred 
to in paragraph (2) are as follows:
          (A) Articles III and IV of the agreement referred to 
        in section 462(b) of the Compact.
          (B) Articles III, IV, V, VI, VII, VIII, IX, X, and XI 
        (except for Section 7 thereof) of the agreement 
        referred to in section 462(e) of the Compact.
          (C) Articles IV, V, X, XIV, XVI, and XVIII of the 
        agreement referred to in section 462(i) of the Compact.
          (D) Articles II, V, VI, VII, and VIII of the 
        agreement referred to in section 462(g) of the Compact.
          (E) Articles II, V, VI, and VIII of the agreement 
        referred to in section 462(h) of the Compact.
          (F) The Agreement set forth on pages 388 through 391 
        of House Document 98-192 of March 30, 1984.
    (5) No agreement between the United States and the 
Government of either the Federated States of Micronesia or the 
Marshall Islands which would amend, change, or terminate any 
subsidiary agreement or portion thereof, other than those set 
forth in subsection (d) of this section or paragraph (4) of 
this subsection shall take effect until the President has 
transmitted such agreement to the President of the Senate and 
the Speaker of the House of Representatives together with an 
explanation of the agreement and the reasons therefor.

SEC. 102.\3\ AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

    (a) Law Enforcement Assistance.--
---------------------------------------------------------------------------
    \3\ 48 U.S.C. 1902.
---------------------------------------------------------------------------
          (1) Agreement.--The President of the United States 
        shall negotiate with the Government of the Federated 
        States of Micronesia an agreement pursuant to section 
        175 of the Compact which is in addition to the 
        Agreement pursuant to such section dated October 1, 
        1982, and transmitted to the Congress by the President 
        on February 20, 1985. Such additional agreement shall 
        provide as follows:
                  (A) Mutual assistance in law enforcement.--
                The law enforcement agencies of the United 
                States and the Federated States of Micronesia 
                shall assist one another, as mutually agreed, 
                in the prevention and investigation of crimes 
                and the enforcement of the laws of the United 
                States and the Federated States of Micronesia 
                specified in subparagraph (C) of this 
                paragraph. The United States and the Federated 
                States of Micronesia will authorize mutual 
                assistance with respect to investigations, 
                inquiries, audits and related activities by the 
                law enforcement agencies of both Governments in 
                the United States and the Federated States of 
                Micronesia. In conducting activities authorized 
                in accordance with this section, the United 
                States and the Federated States of Micronesia 
                will act in accordance with the constitution 
                and laws of the jurisdiction in which such 
                activities are conducted.
                  (B) Narcotics and control of illegal 
                substances.--The United States and the 
                Federated States of Micronesia will take all 
                reasonable and necessary steps, as mutually 
                agreed, based upon consultations in which the 
                Attorney General or other designated official 
                of each Government participates, to prevent the 
                use of the lands, waters, and facilities of the 
                United States or the Federated States of 
                Micronesia for the purposes of cultivation of, 
                production of, smuggling of, trafficking in, 
                and abuse of any controlled substance as 
                defined in section 102(6) of the United States 
                Controlled Substances Act and Schedules I 
                through V of Subchapter II of the Controlled 
                Substances Act of the Federated States of 
                Micronesia, or for the distribution of any such 
                substance to or from the Federated States of 
                Micronesia or to or from the United States or 
                any of its territories or commonwealths.
                  (C) Other criminal laws.--Assistance provided 
                pursuant to this subsection shall also extend 
                to, but not be limited to, prevention and 
                prosecution of violations of the laws of the 
                United States and the laws of the Federated 
                States of Micronesia related to terrorism, 
                espionage, racketeer influenced and corrupt 
                organizations, and financial transactions which 
                advance the interests of any person engaging in 
                unlawful activities, as well as the schedule of 
                offenses set forth in Appendix A of the 
                subsidiary agreement to section 175 of the 
                Compact.
          (2) Technical and training assistance.--Pursuant to 
        sections 224 and 226 of the Compact, the United States 
        shall provide non-reimbursable technical and training 
        assistance as appropriate, including training and 
        equipment for postal inspection of illicit drugs and 
        other contraband, to enable the Government of the 
        Federated States of Micronesia to develop and 
        adequately enforce laws of the Federated States of 
        Micronesia and to cooperate with the United States in 
        the enforcement of criminal laws of the United States. 
        Funds appropriated pursuant to section 105(l) of this 
        title may be used to reimburse State or local agencies 
        providing such assistance.
          (3) Consultation.--Any official, designated by this 
        joint resolution or by the President to negotiate any 
        agreement under this section, shall consult with 
        affected law enforcement agencies prior to entering 
        into such an agreement on behalf of the United States.
          (4) Report.--The President shall report annually to 
        Congress on the implementation of this subsection. Such 
        report shall provide statistical and other information 
        about the incidence of crimes in the Federated States 
        of Micronesia which have an impact upon United States 
        jurisdictions, and propose measures which the United 
        States and the Federated States of Micronesia should 
        take in order better to prevent and prosecute 
        violations of the laws of the United States and the 
        Federated States of Micronesia. The reports required 
        under section 489 \4\ of the Foreign Assistance Act of 
        1961 shall include relevant information concerning the 
        Federated States of Micronesia.
---------------------------------------------------------------------------
    \4\ Formerly read ``section 481(e)''. Sec. 6(a) of Public Law 102-
583 (106 Stat. 4932), however, provided that ``Any reference in any 
provision of law enacted before the date of enactment of this Act to 
section 481(e) or section 481(i) of that Act shall be deemed to be a 
reference to section 489 or section 481(e) (as amended * * * )''.
---------------------------------------------------------------------------
    (b) Economic Development Plans Review Process.--
          (1) Submission.--Notwithstanding section 211(b) of 
        the Compact, the President may agree to an effective 
        date for the Compact pursuant to section 101(a) of this 
        title if the Government of the Federated States of 
        Micronesia agrees to submit economic development plans 
        consistent with section 211(b) of the Compact to the 
        Government of the United States for concurrence at 
        intervals no greater than every 5 years for the 
        duration of the Compact. Any capital construction 
        project and any planned independent purchase of 
        aircraft which is to be financed (directly or 
        indirectly) through the use of funds provided under 
        section 211 of the Compact shall be identified in the 
        economic development plans.
          (2) United states government review.--The United 
        States shall not concur in those development plans 
        described in paragraph (1) of this subsection until--
                  (A) after the President of the United States 
                has conducted a review and reported the 
                findings of the President to the Congress; and
                  (B) the Congress has had 30 days (excluding 
                days on which both Houses of Congress are not 
                in session) to review the findings of the 
                President.
          (3) Report.--The President shall complete the review 
        under paragraph (2) and shall report the findings no 
        later than 60 days after the President's receipt of 
        such plans.
          (4) Views and comments.--The report shall include the 
        views of the Secretary of the Interior, the 
        Administrator of the Agency for International 
        Development, and the heads of such other Executive 
        departments as the President may decide to include in 
        the report, as well as any comments which the Federated 
        States of Micronesia may wish to have included.
    (c) Agreement on Audits.--In accordance with section 233 of 
the Compact, the President of the United States, in 
consultation with the Comptroller General of the United States, 
shall negotiate with the Government of the Federated States of 
Micronesia modifications to the ``Agreement Concerning 
Procedures for the Implementation of United States Economic 
Assistance, Programs and Services Provided in the Compact of 
Free Association'', which shall provide as follows:
          (1) General authority of the gao to audit.--
                  (A) The Comptroller General of the United 
                States (and his duly authorized 
                representatives) shall have the authority to 
                audit--
                          (i) all grants, program assistance, 
                        and other assistance provided to the 
                        Government of the Federated States of 
                        Micronesia under Articles I and II of 
                        Title Two of the Compact; and
                          (ii) any other assistance provided by 
                        the Government of the United States to 
                        the Government of the Federated States 
                        of Micronesia.
                Such authority shall include authority for the 
                Comptroller General to conduct or cause to be 
                conducted any of the audits provided for in 
                section 233 of the Compact. The authority 
                provided in this paragraph shall continue for 
                at least three years after the last such grant 
                has been made or assistance has been provided.
                  (B) The Comptroller General (and his duly 
                authorized representatives) shall also have 
                authority to review any audit conducted by or 
                on behalf of the Government of the United 
                States. In this connection, the Comptroller 
                General shall have access to such personnel and 
                to such records, documents, working papers, 
                automated data and files, and other information 
                relevant to such review.
          (2) GAO access to records.--
                  (A) In carrying out paragraph (1), the 
                Comptroller General (and his duly authorized 
                representatives) shall have such access to the 
                personnel and (without cost) to records, 
                documents, working papers, automated data and 
                files, and other information relevant to such 
                audits. The Comptroller General may duplicate 
                any such records, documents, working papers, 
                automated data and files, or other information 
                relevant to such audits.
                  (B) Such records, documents, working papers, 
                automated data and files, and other information 
                regarding each such grant or other assistance 
                shall be maintained for at least three years 
                after the date such grant or assistance was 
                provided and in a manner that permits such 
                grants, assistance, and payments to be 
                accounted for distinct from any other funds of 
                the Government of the Federated States of 
                Micronesia.
          (3) Representative status for gao representatives.--
        The Comptroller General and his duly authorized 
        representatives shall be accorded the status set forth 
        in Article V of Title One of the Compact.
          (4) Annual financial statements.--As part of the 
        annual report submitted by the Government of the 
        Federated States of Micronesia under section 211 of the 
        Compact, the Government shall include annual financial 
        statements which account for the use of all of the 
        funds provided by the Government of the United States 
        to the Government under the Compact or otherwise. Such 
        financial statements shall be prepared in accordance 
        with generally accepted accounting procedures, except 
        as may otherwise be mutually agreed. Not later than 180 
        days after the end of the United States fiscal year 
        with respect to which such funds were provided, each 
        such statement shall be submitted to the President for 
        audit and transmission to the Congress.
          (5) Definition of audits.--As used in this 
        subsection, the term ``audits'' includes financial, 
        program, and management audits, including determining--
                  (A) whether the Government of the Federated 
                States of Micronesia has met the requirements 
                set forth in the Compact, or any related 
                agreement entered into under the Compact, 
                regarding the purposes for which such grants 
                and other assistance are to be used; and
                  (B) the propriety of the financial 
                transactions of the Government of the Federated 
                States of Micronesia pursuant to such grants or 
                assistance.
          (6) Cooperation by federated states of micronesia.--
        The Government of the Federated States of Micronesia 
        will cooperate fully with the Comptroller General of 
        the United States in the conduct of such audits as the 
        Comptroller General determines necessary to enable the 
        Comptroller General to fully discharge his 
        responsibilities under this joint resolution.

SEC. 103.\5\ AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE 
                    MARSHALL ISLANDS.

    (a) Law Enforcement Assistance.--
          (1) Agreement.--The President of the United States 
        shall negotiate with the Government of the Marshall 
        Islands an agreement pursuant to section 175 of the 
        Compact which is in addition to the Agreement pursuant 
        to such section dated May 30, 1982, and transmitted to 
        the Congress by the President on February 20, 1985. 
        Such additional agreement shall provide as follows:
---------------------------------------------------------------------------
    \5\ 48 U.S.C. 1903.
---------------------------------------------------------------------------
                  (A) Mutual assistance in law enforcement.--
                The law enforcement agencies of the United 
                States and the Marshall Islands shall assist 
                one another, as mutually agreed, in the 
                prevention and investigation of crimes and the 
                enforcement of the laws of the United States 
                and the Marshall Islands specified in 
                subparagraph (C) of this paragraph. The United 
                States and the Marshall Islands will authorize 
                mutual assistance with respect to 
                investigations, inquiries, audits and related 
                activities by the law enforcement agencies of 
                both Governments in the United States and the 
                Marshall Islands. In conducting activities 
                authorized in accordance with this section, the 
                United States and the Marshall Islands will act 
                in accordance with the constitution and laws of 
                the jurisdiction in which such activities are 
                conducted.
                  (B) Narcotics and control of illegal 
                substances.--The United States and the Marshall 
                Islands will take all reasonable and necessary 
                steps, as mutually agreed, based upon 
                consultations in which the Attorney General or 
                other designated official of each Government 
                participates, to prevent the use of the lands, 
                waters, and facilities of the United States or 
                the Marshall Islands for the purposes of 
                cultivation of, production of, smuggling of, 
                trafficking in, and abuse of any controlled 
                substance as defined in section 102(6) of the 
                United States Controlled Substances Act and 
                Schedules I through V of Subchapter II of the 
                Controlled Substances Act of the Marshall 
                Islands, or for the distribution of any such 
                substance to or from the Marshall Islands or to 
                or from the United States or any of its 
                territories or commonwealths.
                  (C) Other criminal laws.--Assistance provided 
                pursuant to this subsection shall also extend 
                to, but not be limited to, prevention and 
                prosecution of violations of the laws of the 
                United States and the laws of the Marshall 
                Islands related to terrorism, espionage, 
                racketeer influenced and corrupt organizations, 
                and financial transactions which advance the 
                interests of any person engaging in unlawful 
                activities, as well as the schedule of offenses 
                set forth in Appendix A of the subsidiary 
                agreement to section 175 of the Compact.
          (2) Technical and training assistance.--Pursuant to 
        sections 224 and 226 of the Compact, the United States 
        shall provide non-reimbursable technical and training 
        assistance as appropriate, including training and 
        equipment for postal inspection of illicit drugs and 
        other contraband, to enable the Government of the 
        Marshall Islands to develop and adequately enforce laws 
        of the Marshall Islands and to cooperate with the 
        United States in the enforcement of criminal laws of 
        the United States. Funds appropriated pursuant to 
        section 105(l) of this title may be used to reimburse 
        State or local agencies providing such assistance.
          (3) Consultation.--Any official, designated by this 
        joint resolution or by the President to negotiate any 
        agreement under this section, shall consult with 
        affected law enforcement agencies prior to entering 
        into such an agreement on behalf of the United States.
          (4) Report.--The President shall report annually to 
        Congress on the implementation of this subsection. Such 
        report shall provide statistical and other information 
        about the incidence of crimes in the Marshall Islands 
        which have an impact upon United States jurisdictions, 
        and propose measures which the United States and the 
        Marshall Islands should take in order better to prevent 
        and prosecute violations of the laws of the United 
        States and the Marshall Islands. The reports required 
        under section 489 \6\ of the Foreign Assistance Act of 
        1961 shall include relevant information concerning the 
        Marshall Islands.
---------------------------------------------------------------------------
    \6\ Formerly read ``section 481(e)''. Sec. 6(a) of Public Law 102-
583 (106 Stat. 4932), however, provided that ``Any reference in any 
provision of law enacted before the date of enactment of this Act to 
section 481(e) or section 481(i) of that Act shall be deemed to be a 
reference to section 489 or section 481(e) (as amended * * * )''.
---------------------------------------------------------------------------
    (b) Economic Development Plans Review Process.--
          (1) Submission.--Notwithstanding section 211(b) of 
        the Compact, the President may agree to an effective 
        date for the Compact pursuant to section 101(b) of this 
        title if the Government of the Marshall Islands agrees 
        to submit economic development plans consistent with 
        section 211(b) of the Compact to the Government of the 
        United States for concurrence at intervals no greater 
        than every 5 years for the duration of the Compact. Any 
        capital construction project and any planned 
        independent purchase of aircraft which is to be 
        financed (directly or indirectly) through the use of 
        funds provided under section 211 of the Compact shall 
        be identified in the economic development plans.
          (2) United states government review.--The United 
        States shall not concur in those development plans 
        described in paragraph (1) of this subsection until--
                  (A) after the President of the United States 
                has conducted a review and reported the 
                findings of the President to the Congress; and
                  (B) the Congress has had 30 days (excluding 
                days on which both Houses of Congress are not 
                in session) to review the findings of the 
                President.
          (3) Report.--The President shall complete the review 
        under paragraph (2) and shall report the findings no 
        later than 60 days after the President's receipt of 
        such plans.
          (4) Views and comments.--The report shall include the 
        views of the Secretary of the Interior, the 
        Administrator of the Agency for International 
        Development, and the heads of such other Executive 
        departments as the President may decide to include in 
        the report, as well as any comments which the Marshall 
        Islands may wish to have included.
    (c) Ejit.--(1) The President of the United States shall 
negotiate with the Government of the Marshall Islands an 
agreement whereby, without prejudice as to any claims which 
have been or may be asserted by any party as to rightful title 
and ownership of any lands on Ejit, the Government of the 
Marshall Islands shall assure that lands on Ejit used as of 
January 1, 1985, by the people of Bikini, will continue to be 
available without charge for their use, until such time as 
Bikini is restored and inhabitable and the continued use of 
Ejit is no longer necessary, unless a Marshall Islands court of 
competent jurisdiction finally determines that there are legal 
impediments to continued use of Ejit by the people of Bikini.
    (2) If the impediments described in paragraph (1) do arise, 
the United States will cooperate with the Government of the 
Marshall Islands in assisting any person adversely affected by 
such judicial determination to remain on Ejit, or in locating 
suitable and acceptable alternative lands for such person's 
use.
    (3) Paragraph (1) shall not be applied in a manner which 
would prevent the Government of the Marshall Islands from 
acting in accordance with its constitutional processes to 
resolve title and ownership claims with respect to such lands 
or from taking substitute or additional measures to meet the 
needs of the people of Bikini with their democratically 
expressed consent and approval.
    (d) Kwajalein Payments.--
          (1) Statement of policy.--The Congress of the United 
        States hereby declares that it is the policy of the 
        United States that payment of funds by the Government 
        of the Marshall Islands to the landowners of Kwajalein 
        Atoll in accordance with the land use agreement dated 
        October 19, 1982, and the related allocation 
        agreements, is required in order to ensure that the 
        Government of the United States will be able to fulfill 
        its obligations and responsibilities under Title Three 
        of the Compact and the subsidiary agreements concluded 
        pursuant thereto.
          (2) Failure to pay.--In the event that the Government 
        of the Marshall Islands fails to make payments in 
        accordance with paragraph (1) of this subsection, the 
        Government of the United States shall initiate 
        procedures under Section 313 of the Compact and consult 
        with the Government of the Marshall Islands with 
        respect to the basis for such non-payment of funds. The 
        United States shall expeditiously resolve the matter of 
        any non-payment of funds as described in paragraph (1) 
        of this subsection pursuant to Section 313 of the 
        Compact and the authority and responsibility of the 
        Government of the United States for security and 
        defense matters in or relating to the Marshall Islands. 
        This paragraph shall be enforced, as may be necessary, 
        in accordance with section 105(g)(2) of this joint 
        resolution.
          (3) Assistance.--The President is hereby authorized 
        to make loans and grants to the Government of the 
        Marshall Islands for the sole use of the Kwajalein 
        Atoll Development Authority for the benefit of the 
        Kwajalein landowners of amounts sought by such 
        authority for development purposes, pursuant to a 
        development plan for Kwajalein Atoll which such 
        authority has adopted in accordance with applicable 
        laws of the Marshall Islands. Such loans and grants 
        shall be subject to such other terms and conditions as 
        the President, in his discretion, may determine 
        appropriate and necessary.
    (e) Section 177 Agreement.--(1) In furtherance of the 
purposes of Article I of the Subsidiary Agreement for 
Implementation of Section 177 of the Compact, the payment of 
the amount specified therein shall be made by the United States 
under Article I of the Agreement between the Government of the 
United States and the Government of the Marshall Islands for 
the Implementation of Section 177 of the Compact (hereafter in 
this subsection referred to as the ``Section 177 Agreement'') 
only after the Government of the Marshall Islands has notified 
the President of the United States as to which investment 
management firm has been selected by such Government to act as 
Fund Manager under Article I of the Section 177 Agreement.
    (2) In the event that the President determines that an 
investment management firm selected by the Government of the 
Marshall Islands does not meet the requirements specified in 
Article I of the Section 177 Agreement, the United States shall 
invoke the conference and dispute resolution procedures of 
Article II of Title Four of the Compact. Pending the resolution 
of such a dispute and until a qualified Fund Manager has been 
designated, the Government of the Marshall Islands shall place 
the funds paid by the United States pursuant to Article I of 
the Section 177 Agreement into an interest-bearing escrow 
account. Upon designation of a qualified Fund Manager, all 
funds in the escrow account shall be transferred to the control 
of such Fund Manager for management pursuant to the Section 177 
Agreement.
    (3) If the Government of the Marshall Islands determines 
that some other investment firm should act as Fund Manager in 
place of the firm first (or subsequently) selected by such 
Government, the Government of the Marshall Islands shall so 
notify the President of the United States, identifying the firm 
selected by such Government to become Fund Manager, and the 
President shall proceed to evaluate the qualifications of such 
identified firm.
    (4) At the end of 15 years after the effective date of the 
Compact, the firm then acting as Fund Manager shall transfer to 
the Government of the Marshall Islands, or to such account as 
such Government shall so notify the Fund Manager, all remaining 
funds and assets being managed by the Fund Manager under the 
Section 177 Agreement.
    (5) An annual report concerning all actions of the Fund 
Manager pursuant to the Section 177 Agreement and this joint 
resolution, including information prepared by the Fund Manager, 
shall be transmitted by the Government of the Marshall Islands 
to the Congress. Such report shall include such information 
(whether received from the Fund Manager or any other source) as 
relates to the disbursements provided for in Article II of the 
Section 177 Agreement. Such report shall be made public.
    (f) Nuclear Test Effects.--In approving the Compact, the 
Congress understands and intends that the peoples of Bikini, 
Enewetak, Rongelap, and Utrik, who were affected by the United 
States nuclear weapons testing program in the Marshall Islands, 
will receive the amounts of $75,000,000 (Bikini); $48,750,000 
(Enewetak), $37,500,000 (Rongelap); and $22,500,000 (Utrik), 
respectively, which amounts shall be paid out of proceeds from 
the fund established under Article I, section 1 of the 
subsidiary agreement for the implementation of section 177 of 
the Compact. The amounts specified in this subsection shall be 
in addition to any amounts which may be awarded to claimants 
pursuant to Article IV of the subsidiary agreement for the 
implementation of Section 177 of the Compact.
    (g) Espousal Provisions.--(1) It is the intention of the 
Congress of the United States that the provisions of section 
177 of the Compact of Free Association and the Agreement 
between the Government of the United States and the Government 
of the Marshall Islands for the Implementation of Section 177 
of the Compact (hereafter in this subsection referred to as the 
``Section 177 Agreement'') constitute a full and final 
settlement of all claims described in Articles X and XI of the 
Section 177 Agreement, and that any such claims be terminated 
and barred except insofar as provided for in the Section 177 
Agreement.
    (2) In furtherance of the intention of Congress as stated 
in paragraph (1) of this subsection, the Section 177 Agreement 
is hereby ratified and approved. It is the explicit 
understanding and intent of Congress that the jurisdictional 
limitations set forth in Article XII of such Agreement are 
enacted solely and exclusively to accomplish the objective of 
Article X of such Agreement and only as a clarification of the 
effect of Article X, and are not to be construed or implemented 
separately from Article X.
    (h) DOE Radiological Health Care Program; USDA Agricultural 
and Food Programs.--
          (1) Marshall islands program.--Notwithstanding any 
        other provision of law, upon the request of the 
        Government of the Marshall Islands, the President 
        (either through an appropriate department or agency of 
        the United States or by contract with a United States 
        firm) shall continue to provide special medical care 
        and logistical support thereto for the remaining 174 
        members of the population of Rongelap and Utrik who 
        were exposed to radiation resulting from the 1954 
        United States thermonuclear ``Bravo'' test, pursuant to 
        Public Laws 95-134 and 96-205. Such medical care and 
        its accompanying logistical support shall total 
        $22,500,000 over the first 11 years of the Compact.
          (2) Agricultural and food programs.--Notwithstanding 
        any other provision of law, upon the request of the 
        Government of the Marshall Islands, for the fifteen \7\ 
        five years after the effective date of the Compact, the 
        President (either through an appropriate department or 
        agency of the United States or by contract with a 
        United States firm) shall provide technical and other 
        assistance--
---------------------------------------------------------------------------
    \7\ Sec. 2 of Public Law 105-209 (112 Stat. 880) struck out 
``ten'', inserted in lieu thereof ``fifteen'', and added the last 
sentence of subpara. (B). Previously, sec. 304 of the Omnibus Insular 
Areas Act of 1992 (Public Law 102-247; 106 Stat. 33) struck out 
``five'' and inserted in lieu thereof ``ten''.
---------------------------------------------------------------------------
                  (A) without reimbursement, to continue the 
                planting and agricultural maintenance program 
                on Enewetak;
                  (B) without reimbursement, to continue the 
                food programs of the Bikini and Enewetak people 
                described in section 1(d) of Article II of the 
                Subsidiary Agreement for the Implementation of 
                Section 177 of the Compact and for continued 
                waterborne transportation of agricultural 
                products to Enewetak including operations and 
                maintenance of the vessel used for such 
                purposes. The President shall ensure the 
                assistance provided under these programs 
                reflects the changes in the population since 
                the inception of such programs.\7\
          (3) Payments.--Payments under this subsection shall 
        be provided to such extent or in such amounts as are 
        necessary for services and other assistance provided 
        pursuant to this subsection. It is the sense of 
        Congress that after the periods of time specified in 
        paragraphs (1) and (2) of this subsection, 
        consideration will be given to such additional funding 
        for these programs as may be necessary.
    (i) Rongelap.--(1) Because Rongelap was directly affected 
by fallout from a 1954 United States thermonuclear test and 
because the Rongelap people remain unconvinced that it is safe 
to continue to live on Rongelap Island, it is the intent of 
Congress to take such steps (if any) as may be necessary to 
overcome the effects of such fallout on the habitability of 
Rongelap Island, and to restore Rongelap Island, if necessary, 
so that it can be safely inhabited. Accordingly, it is the 
expectation of the Congress that the Government of the Marshall 
Islands shall use such portion of the funds specified in 
Article II, section 1(e) of the subsidiary agreement for the 
implementation of section 177 of the Compact as are necessary 
for the purpose of contracting with a qualified scientist or 
group of scientists to review the data collected by the 
Department of Energy relating to radiation levels and other 
conditions on Rongelap Island resulting from the thermonuclear 
test. It is the expectation of the Congress that the Government 
of the Marshall Islands, after consultation with the people of 
Rongelap, shall select the party to review such data, and shall 
contract for such review and for submission of a report to the 
President of the United States and the Congress as to the 
results thereof.
    (2) The purpose of the review referred to in paragraph (1) 
of this subsection shall be to establish whether the data cited 
in support of the conclusions as to the habitability of 
Rongelap Island, as set forth in the Department of Energy 
report entitled: ``The Meaning of Radiation for Those Atolls in 
the Northern Part of the Marshall Islands That Were Surveyed in 
1978'', dated November 1982, are adequate and whether such 
conclusions are fully supported by the data. If the party 
reviewing the data concludes that such conclusions as to 
habitability are fully supported by adequate data, the report 
to the President of the United States and the Congress shall so 
state. If the party reviewing the data concludes that the data 
are inadequate to support such conclusions as to habitability 
or that such conclusions as to habitability are not fully 
supported by the data, the Government of the Marshall Islands 
shall contract with an appropriate scientist or group of 
scientists to undertake a complete survey of radiation and 
other effects of the nuclear testing program relating to the 
habitability of Rongelap Island. Such sums as are necessary for 
such survey and report concerning the results thereof and as to 
steps needed to restore the habitability of Rongelap Island are 
authorized to be made available to the Government of the 
Marshall Islands.
    (3) It is the intent of Congress that such steps (if any) 
as are necessary to restore the habitability of Rongelap Island 
and return the Rongelap people to their homeland will be taken 
by the United States in consultation with the Government of the 
Marshall Islands and, in accordance with its authority under 
the Constitution of the Marshall Islands, the Rongelap local 
government council.
    (j) Four Atoll Health Care Program.--(1) Services provided 
by the United States Public Health Service or any other United 
States agency pursuant to section 1(a) of Article II of the 
Agreement for the Implementation of Section 177 of the Compact 
(hereafter in this subsection referred to as the ``Section 177 
Agreement'') shall be only for services to the people of the 
Atolls of Bikini, Enewetak, Rongelap, and Utrik who were 
affected by the consequences of the United States nuclear 
testing program, pursuant to the program described in Public 
Law 95-134 and Public Law 96-205 and their descendants (and any 
other persons identified as having been so affected if such 
identification occurs in the manner described in such public 
laws). Nothing in this subsection shall be construed as 
prejudicial to the views or policies of the Government of the 
Marshall Islands as to the persons affected by the consequences 
of the United States nuclear testing program.
    (2) At the end of the first year after the effective date 
of the Compact and at the end of each year thereafter, the 
providing agency or agencies shall return to the Government of 
the Marshall Islands any unexpended funds to be returned to the 
Fund Manager (as described in Article I of the Section 177 
Agreement) to be covered into the Fund to be available for 
future use.
    (3) The Fund Manager shall retain the funds returned by the 
Government of the Marshall Islands pursuant to paragraph (2) of 
this subsection, shall invest and manage such funds, and at the 
end of 15 years after the effective date of the Compact, shall 
make from the total amount so retained and the proceeds thereof 
annual disbursements sufficient to continue to make payments 
for the provision of health services as specified in paragraph 
(1) of this subsection to such extent as may be provided in 
contracts between the Government of the Marshall Islands and 
appropriate United States providers of such health services.
    (k) Enjebi Community Trust Fund.--Notwithstanding any other 
provision of law, the Secretary of the Treasury shall establish 
on the books of the Treasury of the United States a fund having 
the status specified in Article V of the subsidiary agreement 
for the implementation of Section 177 of the Compact, to be 
known as the ``Enjebi Community Trust Fund'' (hereafter in this 
subsection referred to as the ``Fund''), and shall credit to 
the Fund the amount of $7,500,000.\8\ Such amount, which shall 
be ex gratia, shall be in addition to and not charged against 
any other funds provided for in the Compact and its subsidiary 
agreements, this joint resolution, or any other Act. Upon 
receipt by the President of the United States of the agreement 
described in this subsection, the Secretary of the Treasury, 
upon request of the Government of the Marshall Islands, shall 
transfer the Fund to the Government of the Marshall Islands, 
provided that the Government of the Marshall Islands agrees as 
follows:
---------------------------------------------------------------------------
    \8\ The Department of the Interior and Related Agencies 
Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774 at 1798), 
provided $2,500,000 for this Fund, to remain available until expended.
---------------------------------------------------------------------------
          (1) Enjebi Trust Agreement.--The Government of the 
        Marshall Islands and the Enewetak Local Government 
        Council, in consultation with the people of Enjebi, 
        shall provide for the creation of the Enjebi Community 
        Trust Fund and the employment of the manager of the 
        Enewetak Fund established pursuant to the Section 177 
        Agreement as trustee and manager of the Enjebi 
        Community Trust Fund, or, should the manager of the 
        Enewetak Fund not be acceptable to the people of 
        Enjebi, another United States investment manager with 
        substantial experience in the administration of trusts 
        and with funds under management in excess of 250 
        million dollars.
          (2) Monitor conditions.--Upon the request of the 
        Government of the Marshall Islands, the United States 
        shall monitor the radiation and other conditions on 
        Enjebi and within one year of receiving such a request 
        shall report to the Government of the Marshall Islands 
        when the people of Enjebi may resettle Enjebi under 
        circumstances where the radioactive contamination at 
        Enjebi, including contamination derived from 
        consumption of locally grown food products, can be 
        reduced or otherwise controlled to meet whole body 
        Federal radiation protection standards for the general 
        population, including mean annual dose and mean 30-year 
        cumulative dose standards.
          (3) Resettlement of Enjebi.--In the event that the 
        United States determines that the people of Enjebi can 
        within 25 years of the date of the enactment of this 
        joint resolution resettle Enjebi under the conditions 
        set forth in paragraph (2) of this subsection, then 
        upon such determination there shall be available to the 
        people of Enjebi from the Fund such amounts as are 
        necessary for the people of Enjebi to do the following, 
        in accordance with a plan developed by the Enewetak 
        Local Government Council and the people of Enjebi, and 
        concurred with by the Government of the Marshall 
        Islands to assure consistency with the government's 
        overall economic development plan:
                  (A) Establish a community on Enjebi Island 
                for the use of the people of Enjebi.
                  (B) Replant Enjebi with appropriate food-
                bearing and other vegetation.
          (4) Resettlement of other location.--In the event 
        that the United States determines that within 25 years 
        of the date of the enactment of this joint resolution 
        the people of Enjebi cannot resettle Enjebi without 
        exceeding the radiation standards set forth in 
        paragraph (2) of this subsection, then the fund manager 
        shall be directed by the trust instrument to distribute 
        the Fund to the people of Enjebi for their resettlement 
        at some other location in accordance with a plan, 
        developed by the Enewetak Local Government Council and 
        the people of Enjebi and concurred with by the 
        Government of the Marshall Islands, to assure 
        consistency with the government's overall economic 
        development plan.
          (5) Interest from fund.--Prior to and during the 
        distribution of the corpus of the Fund pursuant to 
        paragraphs (3) and (4) of this subsection, the people 
        of Enjebi may, if they so request, receive the interest 
        earned by the Fund on no less frequent a basis than 
        quarterly.
          (6) Disclaimer of liability.--Neither under the laws 
        of the Marshall Islands nor under the laws of the 
        United States, shall the Government of the United 
        States be liable for any loss or damage to person or 
        property in respect to the resettlement of Enjebi by 
        the people of Enjebi, pursuant to the provision of this 
        subsection or otherwise.
    (l) Bikini Atoll Cleanup.--
          (1) Declaration of policy.--The Congress hereby 
        determines and declares that it is the policy of the 
        United States, to be supported by the full faith and 
        credit of the United States, that because the United 
        States, through its nuclear testing and other 
        activities, rendered Bikini Atoll unsafe for habitation 
        by the people of Bikini, the United States will fulfill 
        its responsibility for restoring Bikini Atoll to 
        habitability, as set forth in paragraphs (2) and (3) of 
        this subsection.
          (2) Cleanup funds.--There are hereby authorized to be 
        appropriated \9\ such sums as are necessary to 
        implement the settlement agreement of March 15, 1985, 
        in The People of Bikini, et al. against United States 
        of America, et al., Civ. No. 84-0425 (D. Ha.).
---------------------------------------------------------------------------
    \9\ The Department of the Interior and Related Agencies 
Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774 at 1798), 
contained the following provision:
    ``* * * Provided further, That in full satisfaction of the 
obligation of the United States to provide funds to assist in the 
resettlement and rehabilitation of Bikini Atoll by the People of 
Bikini, to which the full faith and credit of the United States is 
pledged pursuant to section 103(l) of Public Law 99-239, the United 
States shall deposit $90,000,000 into the Resettlement Trust Fund for 
the People of Bikini established pursuant to Public Law 97-257, and 
governed pursuant to the terms of such trust instrument, such deposit 
to be installments of $5,000,000 on October 1, 1988; $22,0000,000 on 
October 1, 1989; $21,000,000 on October 1, 1990; $21,000,000 on October 
1, 1991; and $21,000,000 on October 1, 1992; * * * ''.
    Sec. 2 of the Bikini Resettlement and Relocation Act of 2000 
(Public Law 106-188; 114 Stat. 228) further provided the following:
    ``Three percent of the market value as of June 1, 1999, of the 
Resettlement Trust Fund for the People of Bikini, established pursuant 
to Public Law 97-257, shall be made available for immediate ex gratia 
distribution to the people of Bikini, provided such distribution does 
not reduce the corpus of the trust fund. The amount of such 
distribution shall be deducted from any additional ex gratia payments 
that may be made by the Congress into the Resettlement Trust Fund.''.
---------------------------------------------------------------------------
          (3) Conditions of funding.--The funds referred to in 
        paragraph (2) shall be made available pursuant to 
        Article VI, Section 1 of the Compact Section 177 
        Agreement upon completion of the events set forth in 
        the settlement agreement referred to in paragraph (2) 
        of this subsection.
    (m) Agreement on Audits.--In accordance with section 233 of 
the Compact, the President of the United States, in 
consultation with the Comptroller General of the United States, 
shall negotiate with the Government of the Marshall Islands an 
agreement which shall provide as follows:
          (1) General authority of the gao to audit.--
                  (A) The Comptroller General of the United 
                States (and his duly authorized 
                representatives) shall have the authority to 
                audit--
                          (i) all grants, program assistance, 
                        and other assistance provided to the 
                        Government of the Marshall Islands 
                        under Articles I and II of Title Two of 
                        the Compact; and
                          (ii) any other assistance provided by 
                        the Government of the United States to 
                        the Government of the Marshall Islands.
                Such authority shall include authority for the 
                Comptroller General to conduct or cause to be 
                conducted any of the audits provided for in 
                section 233 of the Compact. The authority 
                provided in this paragraph shall continue for 
                at least three years after the last such grant 
                has been made or assistance has been provided.
                  (B) The Comptroller General (and his duly 
                authorized representatives) shall also have 
                authority to review any audit conducted by or 
                on behalf of the Government of the United 
                States. In this connection, the Comptroller 
                General shall have access to such personnel and 
                to such records, documents, working papers, 
                automated data and files, and other information 
                relevant to such review.
          (2) GAO access to records.--
                  (A) In carrying out paragraph (1), the 
                Comptroller General (and his duly authorized 
                representatives) shall have such access to the 
                personnel and (without cost) to records, 
                documents, working papers, automated data and 
                files, and other information relevant to such 
                audits. The Comptroller General may duplicate 
                any such records, documents, working papers, 
                automated data and files, or other information 
                relevant to such audits.
                  (B) Such records, documents, working papers, 
                automated data and files, and other information 
                regarding each such grant or other assistance 
                shall be maintained for at least three years 
                after the date such grant or assistance was 
                provided and in a manner that permits such 
                grants, assistance, and payments to be 
                accounted for distinct from any other funds of 
                the Government of the Marshall Islands.
          (3) Representative status for gao representatives.--
        The Comptroller General and his duly authorized 
        representatives shall be accorded the status set forth 
        in Article V of Title One of the Compact.
          (4) Annual financial statements.--As part of the 
        annual report submitted by the Government of the 
        Marshall Islands under section 211 of the Compact, the 
        Government shall include annual financial statements 
        which account for the use of all of the funds provided 
        by the Government of the United States to the 
        Government under the Compact or otherwise. Such 
        financial statements shall be prepared in accordance 
        with generally accepted accounting procedures, except 
        as may otherwise be mutually agreed. Not later than 180 
        days after the end of the United States fiscal year 
        with respect to which such funds were provided, each 
        such statement shall be submitted to the President for 
        audit and transmission to the Congress.
          (5) Definition of audits.--As used in this 
        subsection, the term ``audits'' includes financial, 
        program, and management audits, including determining--
                  (A) whether the Government of the Marshall 
                Islands has met the requirements set forth in 
                the Compact, or any related agreement entered 
                into under the Compact, regarding the purposes 
                for which such grants and other assistance are 
                to be used; and
                  (B) the propriety of the financial 
                transactions of the Government of the Marshall 
                Islands pursuant to such grants or assistance.
          (6) Cooperation by marshall islands.--The Government 
        of the Marshall Islands will cooperate fully with the 
        Comptroller General of the United States in the conduct 
        of such audits as the Comptroller General determines 
        necessary to enable the Comptroller General to fully 
        discharge his responsibilities under this joint 
        resolution.

SEC. 104.\10\ INTERPRETATION OF AND UNITED STATES POLICY REGARDING 
                    COMPACT OF FREE ASSOCIATION.

    (a) Human Rights.--In approving the Compact, the Congress 
notes the conclusion in the Statement of Intent of the Report 
of The Future Political Status Commission of the Congress of 
Micronesia in July, 1969, that ``our recommendation of a free 
associated state is indissolubly linked to our desire for such 
a democratic, representative, constitutional government'' and 
notes that such desire and intention are reaffirmed and 
embodied in the Constitutions of the Federated States of 
Micronesia and the Marshall Islands. The Congress also notes 
and specifically endorses the preamble to the Compact, which 
affirms that the governments of the parties to the Compact are 
founded upon respect for human rights and fundamental freedoms 
for all. The Secretary of State shall include in the annual 
reports on the status of internationally recognized human 
rights in foreign countries, which are submitted to the 
Congress pursuant to sections 116 and 502B of the Foreign 
Assistance Act of 1961, a full and complete report regarding 
the status of internationally recognized human rights in the 
Federated States of Micronesia and the Marshall Islands.
---------------------------------------------------------------------------
    \10\ 48 U.S.C. 1904.
---------------------------------------------------------------------------
    (b) Immigration.--The rights of a bona fide naturalized 
citizen of the Marshall Islands or the Federated States of 
Micronesia to enter the United States, to lawfully engage 
therein in occupations, and to establish residence therein as a 
non-immigrant, pursuant to the provisions of section 141(a)(3) 
of the Compact, shall not extend to any such naturalized 
citizen with respect to whom circumstances associated with the 
acquisition of the status of a naturalized citizen are such as 
to allow a reasonable inference, on the part of appropriate 
officials of the United States and subject to United States 
procedural requirements, that such naturalized status was 
acquired primarily in order to obtain such rights.
    (c) Nonalienation of Lands.--The Congress endorses and 
encourages the maintenance of the policies of the Government of 
the Federated States of Micronesia and the Government of the 
Marshall Islands to regulate, in accordance with their 
Constitutions and laws, the alienation of permanent and long-
term interests in real property so as to restrict the 
acquisition of such interests to persons of Federated States of 
Micronesia citizenship and Marshall Islands citizenship, 
respectively.
    (d) Nuclear Waste Disposal.--In approving the Compact, the 
Congress understands that the Government of the Federated 
States of Micronesia and the Government of the Marshall Islands 
will not permit any other government or any nongovernmental 
party to conduct, in the Marshall Islands or in the Federated 
States of Micronesia, any of the activities specified in 
subsection (a) of section 314 of the Compact.
    (e) Impact of Compact on U.S. Areas.--
          (1) Statement of congressional intent.--In approving 
        the Compact, it is not the intent of the Congress to 
        cause any adverse consequences for the United States 
        territories and commonwealths or the State of Hawaii.
          (2) Annual reports and recommendations.--One year 
        after the date of enactment of this joint resolution 
        and at one year intervals thereafter, the Governor of 
        any of the United States territories or commonwealths 
        or the State of Hawaii may report to the Secretary of 
        the Interior by February 1 of each year with respect to 
        the impacts of the compacts of free association on the 
        Governor's respective jurisdiction. The Secretary of 
        the Interior shall review and forward any such reports 
        to the Congress with the comments of the 
        Administration. The Secretary of the Interior shall, 
        either directly or, subject to available technical 
        assistance funds, through a grant to the affected 
        jurisdiction, provide for a census of Micronesians at 
        intervals no greater than 5 years from each decennial 
        United States census using generally acceptable 
        statistical methodologies for each of the impact 
        jurisdictions where the Governor requests such 
        assistance, except that the total expenditures to carry 
        out this sentence may not exceed $300,000 in any 
        year.\11\ Reports submitted pursuant to this paragraph 
        (hereafter in this subsection referred to as 
        ``reports'') shall identify any adverse consequences 
        resulting from the Compact and shall make 
        recommendations for corrective action to eliminate 
        those consequences. The reports shall pay particular 
        attention to matters relating to trade, taxation, 
        immigration, labor laws, minimum wages, social systems 
        and infrastructure, and environmental regulation. With 
        regard to immigration, the reports shall include 
        statistics concerning the number of persons availing 
        themselves of the rights described in section 141(a) of 
        the Compact during the year covered by each report. 
        With regard to trade, the reports shall include an 
        analysis of the impact on the economy of American Samoa 
        resulting from imports of canned tuna into the United 
        States from the Federated States of Micronesia and the 
        Marshall Islands.
---------------------------------------------------------------------------
    \11\ Sec. 2 of Public Law 106-504 (114 Stat. 2311) struck out 
``President shall report to the Congress with respect to the impact of 
the Compact on the United States territories and commonwealths and on 
the State of Hawaii.'' and inserted in lieu thereof the text to this 
point beginning with ``Governor of any of the United States 
territories''.
---------------------------------------------------------------------------
          (3) Other views.--In preparing the reports, the 
        President shall request the views of the Government of 
        the State of Hawaii, and the governments of each of the 
        United States territories and commonwealths, the 
        Federated States of Micronesia, the Marshall Islands, 
        and Palau, and shall transmit the full text of any such 
        views to the Congress as part of such reports.
          (4) Commitment of congress to redress adverse 
        consequences.--The Congress hereby declares that, if 
        any adverse consequences to United States territories 
        and commonwealths or the State of Hawaii result from 
        implementation of the Compact of Free Association, the 
        Congress will act sympathetically and expeditiously to 
        redress those adverse consequences.
          (5) Definition of u.s. territories and 
        commonwealths.--As used in this subsection, the term 
        ``United States territories and commonwealths'' means 
        the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.
          (6) Impact costs.--There are hereby authorized to be 
        appropriated for fiscal years beginning after September 
        30, 1985, such sums as may be necessary to cover the 
        costs, if any, incurred by the State of Hawaii, the 
        territories of Guam and American Samoa, and the 
        Commonwealth of the Northern Mariana Islands resulting 
        from any increased demands placed on educational and 
        social services by immigrants from the Marshall Islands 
        and the Federated States of Micronesia.
    (f) Fisheries Management.--In clarification of Title One, 
Article II, section 121(b)(1) of the Compact:
          (1) Nothing in the Compact or this joint resolution 
        shall be interpreted as recognition by the United 
        States of any claim by the Federated States of 
        Micronesia or by the Marshall Islands to jurisdiction 
        or authority over highly migratory species of fish 
        during the time such species of fish are found outside 
        the territorial sea of the Federated States of 
        Micronesia or the Marshall Islands.
          (2) It is the understanding of Congress that none of 
        the monies made available pursuant to the Compact or 
        this joint resolution will be used by either the 
        Federated States of Micronesia or the Marshall Islands 
        for enforcement actions against any vessel of the 
        United States on the basis of fishing by any such 
        vessel for highly migratory species of fish outside the 
        territorial sea of the Federated States of Micronesia 
        or the Marshall Islands, respectively, in the absence 
        of a licensing agreement.
          (3) Appropriate United States officials shall apply 
        the policies and provisions of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.) \12\ and the Fishermen's Protective Act of 
        1967 (22 U.S.C. 1971 et seq.) with regard to any action 
        taken by the Federated States of Micronesia or the 
        Marshall Islands affecting any vessel of the United 
        States engaged in fishing for highly migratory species 
        of fish in waters outside the territorial seas of the 
        Federated States of Micronesia or the Marshall Islands, 
        respectively. For the purpose of applying the 
        provisions of section 5 of the Fishermen's Protective 
        Act of 1967 (22 U.S.C. 1975), monies made available to 
        either the Federated States of Micronesia or the 
        Marshall Islands pursuant to the provisions of the 
        Compact or this joint resolution shall be treated as 
        ``assistance to the government of such country under 
        the Foreign Assistance Act of 1961''. For purposes of 
        this Act only, certification by the President in 
        accordance with such section 5 shall be accompanied by 
        a report to Congress on the basis for such 
        certification, and such certification shall have no 
        effect if by law Congress so directs prior to the 
        expiration of 60 days during which Congress is in 
        continuous session following the date of such 
        certification.
---------------------------------------------------------------------------
    \12\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (4) For the purpose of paragraphs (1) and (3) of this 
        subsection--
                  (A) The term ``vessel of the United States'' 
                has the same meaning as provided in the first 
                section of the Fishermen's Protective Act of 
                1967 (22 U.S.C. 1971).
                  (B) The terms ``fishing'' and ``highly 
                migratory species'' have the same meanings as 
                provided in paragraphs (10) and (14), 
                respectively, of section 3 of the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1802(10) and (14)).\12\
          (5)(A) It is the policy of the United States of 
        America--
                  (i) to negotiate and conclude with the 
                governments of the Central, Western, and South 
                Pacific Ocean, including the Federated States 
                of Micronesia and the Marshall Islands, a 
                regional licensing agreement setting forth 
                agreed terms of access for United States tuna 
                vessels fishing in the region; and
                  (ii) that such an agreement should overcome 
                existing jurisdictional differences and provide 
                for a mutually beneficial relationship between 
                the United States and the Pacific Island States 
                that will promote the development of the tuna 
                and other latent fisheries resources of the 
                Central, Western, and South Pacific Ocean and 
                the economic development of the region.
          (B) At such time as an agreement referred to in 
        subparagraph (A) is submitted to the Senate for advice 
        and consent to ratification, the Secretary of State, 
        after consultation with the Secretary of Commerce and 
        other interested agencies and concerned governments, 
        shall submit to the Congress a proposed long term 
        regional fisheries development program which may 
        include, but not be limited to--
                  (i) exploration for, and stock assessment of, 
                tuna and other fish;
                  (ii) improvement of harvesting techniques;
                  (iii) gear development;
                  (iv) biological resource monitoring;
                  (v) education and training in the field of 
                fisheries; and
                  (vi) regional and direct bilateral assistance 
                in the field of fisheries.
    (g) Foreign Loans.--The Congress hereby reaffirms the 
United States position that the United States Government is not 
responsible for foreign loans or debt obtained by the 
Governments of the Federated States of Micronesia and the 
Marshall Islands.

SEC. 105.\13\ SUPPLEMENTAL PROVISIONS.

    (a) Domestic Program Requirements.--Except as may otherwise 
be provided in this joint resolution, all United States Federal 
programs and services extended to or operated in the Federated 
States of Micronesia or the Marshall Islands are and shall 
remain subject to all applicable criteria, standards, reporting 
requirements, auditing procedures, and other rules and 
regulations applicable to such programs when operating in the 
United States (including its territories and commonwealths).
---------------------------------------------------------------------------
    \13\ 48 U.S.C. 1905.
---------------------------------------------------------------------------
    (b) Relations With the Federated States of Micronesia and 
the Marshall Islands.--
          (1) The United States representatives to the 
        Federated States of Micronesia and the Republic of the 
        Marshall Islands pursuant to Article V of title I of 
        the Compact shall be appointed by the President with 
        the advice and consent of the Senate, and shall be 
        under the supervision of the Secretary of State, who 
        shall have responsibility for government to government 
        relations between the United States and the Government 
        with respect to whom they are appointed, consistent 
        with the authority of the Secretary of the Interior as 
        set forth in this section.
          (2) Appropriations made pursuant to the Compact or 
        any other provision of this joint resolution may be 
        made only to the Secretary of the Interior, who shall 
        coordinate and monitor any program or activity provided 
        to the Federated States of Micronesia or the Republic 
        of the Marshall Islands by departments and agencies of 
        the Government of the United States and related 
        economic development planning pursuant to the Compact 
        or pursuant to any other authorization except for the 
        provisions of sections 161(e), 313, and 351 of the 
        Compact and the authorization of the President to agree 
        to an effective date pursuant to this resolution. Funds 
        appropriated to the Secretary of the Interior pursuant 
        to this paragraph shall not be allocated to other 
        Departments or agencies.
          (3) All programs and services provided to the 
        Federated States of Micronesia and the Republic of the 
        Marshall Islands by Federal agencies may be provided 
        only after consultation with and under the supervision 
        of the Secretary of the Interior, and the head of each 
        Federal agency is directed to cooperate with the 
        Secretary of the Interior and to make such personnel 
        and services available as the Secretary of the Interior 
        may request.
          (4) Any United States Government personnel assigned, 
        on a temporary or permanent basis, to either the 
        Federated States of Micronesia or the Marshall Islands 
        shall, during the period of such assignment, be subject 
        to the supervision of the United States representative 
        to that area.
          (5) The President is hereby authorized to appoint an 
        Interagency Group on Freely Associated States' Affairs 
        to provide policy guidance to federal departments and 
        agencies. Such interagency group shall include the 
        Secretary of the Interior and the Secretary of State.
    (c) Continuing Trust Territory Authorization.--The 
authorization provided by the Act of June 30, 1954, as amended 
(68 Stat. 330) shall remain available after the effective date 
of the Compact with respect to the Federated States of 
Micronesia and the Marshall Islands for the following purposes:
          (1) Prior to October 1, 1986, for any purpose 
        authorized by the Compact or this joint resolution.
          (2) Transition purposes, including but not limited 
        to, completion of projects and fulfillment of 
        commitments or obligations; termination of the Trust 
        Territory Government and termination of the High Court; 
        health and education as a result of exceptional 
        circumstances; ex gratia contributions for the 
        populations of Bikini, Enewetak, Rongelap, and Utrik; 
        and technical assistance and training in financial 
        management, program administration, and maintenance of 
        infrastructure.
    (d) Medical Referral Debts.--
          (1) Federated states of micronesia.--In addition to 
        the funds provided in Title Two, Article II, section 
        221(b) of the Compact, following approval of the 
        Compact with respect to the Federated States of 
        Micronesia, the United States shall make available to 
        the Government of the Federated States of Micronesia 
        such sums as may be necessary for the payment of the 
        obligations incurred for the use of medical facilities 
        in the United States, including any territories and 
        commonwealths, by citizens of the Federated States of 
        Micronesia before September 1, 1985.
          (2) Marshall islands.--In addition to the funds 
        provided in Title Two, Article II, section 221(b) of 
        the Compact, following approval of the Compact with 
        respect to the Marshall Islands, the United States 
        shall make available to the Government of the Marshall 
        Islands such sums as may be necessary for the payment 
        of the obligations incurred for the use of medical 
        facilities in the United States, its territories and 
        commonwealths by citizens of the Marshall Islands 
        before September 1, 1985.
          (3) Use of funds.--In making funds available pursuant 
        to this subsection, the President shall take such 
        actions as he deems necessary to assure that the funds 
        are used only for the payment of the medical expenses 
        described in paragraph (1) or (2) of this subsection, 
        as the case may be.
          (4) Authorization of appropriations.--There are 
        hereby authorized to be appropriated such sums as may 
        be necessary for the purposes of this subsection.
    (e) Survivability.--In furtherance of the provisions of 
Title Four, Article V, sections 452 and 453 of the Compact, any 
provisions of the Compact which remain effective after the 
termination of the Compact by the act of any party thereto and 
which are affected in any manner by provisions of this title 
shall remain subject to such provisions.
    (f) Registration for Agents of Micronesian Governments.--
          (1) In general.--Notwithstanding the provisions of 
        Title One, Article V, section 153 of the Compact, after 
        approval of the Compact any citizen of the United 
        States who, without authority of the United States, 
        acts as the agent of the Government of the Marshall 
        Islands or the Federated States of Micronesia with 
        regard to matters specified in the provisions of the 
        Foreign Agents Registration Act of 1938, as amended (22 
        U.S.C. 611 et seq.) that apply with respect to an agent 
        of a foreign principal shall be subject to the 
        requirements of such Act. Failure to comply with such 
        requirements shall subject such citizen to the same 
        penalties and provisions of law as apply in the case of 
        the failure of such an agent of a foreign principal to 
        comply with such requirements. For purposes of the 
        Foreign Agents Registration Act of 1938, the Federated 
        States of Micronesia and the Marshall Islands shall be 
        considered to be foreign countries.
          (2) Exception.--Paragraph (1) of this subsection 
        shall not apply to a citizen of the United States 
        employed by either the Government of the Marshall 
        Islands or the Government of the Federated States of 
        Micronesia with respect to whom the employing 
        Government from time to time certifies to the 
        Government of the United States that such citizen is an 
        employee of the Government of the Marshall Islands or 
        the Government of the Federated States of Micronesia 
        (as the case may be) whose principal duties are other 
        than those matters specified in the Foreign Agents 
        Registration Act of 1938, as amended, that apply with 
        respect to an agent of a foreign principal. The agency 
        or officer of the United States receiving such 
        certifications shall cause them to be filed with the 
        Attorney General, who shall maintain a publicly 
        available list of the persons so certified.
          (3) Resident representative exemption.--Nothing in 
        this subsection shall be construed as amending section 
        152(b) of the Compact.
    (g) Noncompliance Sanctions.--
          (1) Authority of president.--The President of the 
        United States shall have no authority to suspend or 
        withhold payments or assistance with respect to--
                  (A) section 177, 213, 216(a)(2), 216(a)(3), 
                221(b), or 223 of the Compact, or
                  (B) any agreements made pursuant to such 
                sections of the Compact,
        unless such suspension or withholding is imposed as a 
        sanction due to noncompliance by the Government of the 
        Federated States of Micronesia or the Government of the 
        Marshall Islands (as the case may be) with the 
        obligations and requirements of such sections of the 
        Compact or such agreements.
          (2) Actions incompatible with united states 
        authority.--The Congress expresses its understanding 
        that the Governments of the Federated States of 
        Micronesia and the Marshall Islands will not act in a 
        manner incompatible with the authority and 
        responsibility of the United States for security and 
        defense matters in or related to the Federated States 
        of Micronesia or the Marshall Islands pursuant to the 
        Compact, including the agreements referred to in 
        sections 462(j) and 462(k) thereof. The Congress 
        further expresses its intention that any such act on 
        the part of either such Government will be viewed by 
        the United States as a material breach of the Compact. 
        The Government of the United States reserves the right 
        in the event of such a material breach of the Compact 
        by the Government of the Federated States of Micronesia 
        or the Government of the Marshall Islands to take 
        action, including (but not limited to) the suspension 
        in whole or in part of the obligations of the 
        Government of the United States to that Government.
    (h) Continuing Programs and Laws.--
          (1) Federated states of micronesia and marshall 
        islands.--In addition to the programs and services set 
        forth in section 221 of the Compact, and pursuant to 
        section 224 of the Compact, the programs and services 
        of the following agencies shall be made available to 
        the Federated States of Micronesia and to the Marshall 
        Islands:
                  (A) the Legal Services Corporation;
                  (B) the Public Health Service; and
                  (C) the Farmers Home Administration (in the 
                Marshall Islands and each of the four States of 
                the Federated States of Micronesia: Provided, 
                That in lieu of continuation of the program in 
                the Federated States of Micronesia, the 
                President may agree to transfer to the 
                Government of the Federated States of 
                Micronesia without cost, the portfolio of the 
                Farmers Home Loan Administration applicable to 
                the Federated States of Micronesia and provide 
                such technical assistance in management of the 
                portfolio as may be requested by the Federated 
                States of Micronesia).
          (2) Palau.--Upon the effective date of the Compact, 
        the laws of the United States generally applicable to 
        the Trust Territory of the Pacific Islands shall 
        continue to apply to the Republic of Palau and the 
        Republic of Palau shall be eligible for such proportion 
        of Federal assistance as it would otherwise have been 
        eligible to receive under such laws prior to the 
        effective date of the Compact, as provided in 
        appropriation Acts or other Acts of Congress.
          (3) Section 219 determination.--The determination by 
        the Government of the United States under section 219 
        of the Compact shall be as provided in appropriation 
        Acts.
          (4) Tort claims.--(A) At such time as the Trusteeship 
        Agreement ceases to apply to either the Federated 
        States of Micronesia or the Marshall Islands, the 
        provisions of Section 178 of the Compact regarding 
        settlement and payment of tort claims shall apply to 
        employees of any federal agency of the Government of 
        the United States which provides any service or carries 
        out any other function pursuant to or in furtherance of 
        any provisions of the Compact or this Act, except for 
        provisions of Title Three of the Compact and of the 
        subsidiary agreements related to such Title, in such 
        area to which such Agreement formerly applied. For 
        purposes of this subparagraph (B), persons providing 
        such service or carrying out such function pursuant to 
        a contract with a federal agency shall be deemed to be 
        an employee of the contracting federal agency.
          (B) For purposes of the Federal Tort Claims Act (28 
        U.S.C. 2671 et seq.), persons providing services to the 
        people of the atolls of Bikini, Enewetak, Rongelap, and 
        Utrik as described in Public Law 95-134 and Public Law 
        96-205 pursuant to a contract with a Department or 
        agency of the federal government shall be deemed to be 
        an employee of the contracting Department or agency 
        working in the United States. This subparagraph (B) 
        shall expire when the Trusteeship Agreement is 
        terminated with respect to the Marshall Islands.
          (5) \14\ The programs and services of the 
        Environmental Protection Agency regarding PCB's shall, 
        to the extent applicable, as appropriate, and in 
        accordance with applicable law, be construed to be made 
        available to such islands.
---------------------------------------------------------------------------
    \14\ Sec. 2704 of the Energy Policy Act of 1992 (Public Law 102-
486; 106 Stat. 3120) added para. (5).
---------------------------------------------------------------------------
    (i) College of Micronesia; Education Programs.--
          (1) College of micronesia.--Notwithstanding any other 
        provision of law, all funds which as of the date of the 
        enactment of this joint resolution were appropriated 
        for the use of the College of Micronesia System shall 
        remain available for use by such college until 
        expended. Until otherwise provided by Act of Congress, 
        or until termination of the Compact, such college shall 
        retain its status as a land-grant institution and its 
        eligibility for all benefits and programs available to 
        such land-grant institutions.
          (2) Federal education programs.--Pursuant to section 
        224 of the Compact and upon the request of the affected 
        Government, any Federal program providing financial 
        assistance for education which, as of January 1, 1985, 
        was providing financial assistance for education to the 
        Federated States of Micronesia or the Marshall Islands 
        or to any institution, agency, organization, or 
        permanent resident thereof, including the College of 
        Micronesia System, shall continue to provide such 
        assistance to such institutions, agencies, 
        organizations, and residents as follows:
                  (A) For the fiscal year in which the Compact 
                becomes effective, not to exceed $13,000,000;
                  (B) For the fiscal year beginning after the 
                end of the fiscal year in which the Compact 
                becomes effective, not to exceed $8,700,000; 
                and
                  (C) For the fiscal year immediately following 
                the fiscal year described in subparagraph (B), 
                not to exceed $4,300,000.
          (3) Authorization of appropriations.--There are 
        hereby authorized to be appropriated such sums as are 
        necessary for purposes of this subsection.
    (j) Trust Territory Debts to U.S. Federal Agencies.--
Neither the Government of the Federated States of Micronesia 
nor the Government of the Marshall Islands shall be required to 
pay to any department, agency, independent agency, office, or 
instrumentality of the United States any amounts owed to such 
department, agency, independent agency, office, or 
instrumentality by the Government of the Trust Territory of the 
Pacific Islands as of the effective date of the Compact. There 
is authorized to be appropriated such sums as may be necessary 
to carry out the purposes of this subsection.
    (k) Use of DOD Medical Facilities.--Following approval of 
the Compact, the Secretary of Defense shall make available the 
medical facilities of the Department of Defense for use by 
citizens of the Federated States of Micronesia and the Marshall 
Islands who are properly referred to such facilities by 
government authorities responsible for provision of medical 
services in the Federated States of Micronesia and the Marshall 
Islands. The Secretary of Defense is hereby authorized to 
cooperate with such authorities in order to permit use of such 
medical facilities for persons properly referred by such 
authorities. The Secretary of Health and Human Services is 
hereby authorized and directed to continue to make the services 
of the National Health Service Corps available to the residents 
of the Federated States of Micronesia and the Marshall Islands 
to the same extent and for so long as such services are 
authorized to be provided to persons residing in any other 
areas within or outside the United States.
    (l) Technical Assistance.--Technical assistance may be 
provided pursuant to section 226 of the Compact by Federal 
agencies and institutions of the Government of the United 
States to the extent such assistance may be provided to States, 
territories, or units of local government. Such assistance by 
the Forest Service, the Soil Conservation Service, the Fish and 
Wildlife Service, the National Marine Fisheries Service, the 
United States Coast Guard, and the Advisory Council on Historic 
Preservation, the Department of the Interior, and other 
agencies providing assistance under the National Historic 
Preservation Act (80 Stat. 915; 16 U.S.C. 470-470t), shall be 
on a nonreimbursable basis. During the period the Compact is in 
effect, the grant programs under the National Historic 
Preservation Act shall continue to apply to the Federated 
States of Micronesia and the Marshall Islands in the same 
manner and to the same extent as prior to the approval of the 
Compact. Funds provided pursuant to sections 102(a), 103(a), 
103(c), 103(h), 103(i), 103(j), 103(l), 105(c), 105(i), 105(j), 
105(k), 105(l), 105(m), 105(n), and 105(o) of this joint 
resolution shall be in addition to and not charged against any 
amounts to be paid to either the Federated States of Micronesia 
or the Marshall Islands pursuant to the Compact or the 
subsidiary agreements.
    (m) Prior Service Benefits Program.--Notwithstanding any 
other provision of law, persons who on January 1, 1985, were 
eligible to receive payment under the Prior Service Benefits 
Program established within the Social Security System of the 
Trust Territory of the Pacific Islands because of their 
services performed for the United States Navy or the Government 
of the Trust Territory of the Pacific Islands prior to July 1, 
1968, shall continue to receive such payments on and after the 
effective date of the Compact.
  (n) Indefinite Land Use Payments.--There are authorized to be 
appropriated such sums as may be necessary to complete 
repayment by the United States of any debts owed for the use of 
various lands in the Federated States of Micronesia and the 
Marshall Islands prior to January 1, 1985.
    (o) Communicable Disease Control Program.--There are 
authorized to be appropriated for grants to the Government of 
the Federated States of Micronesia such sums as may be 
necessary for purposes of establishing or continuing programs 
for the control and prevention of communicable diseases, 
including (but not limited to) cholera and Hansen's Disease. 
The Secretary of the Interior shall assist the Government of 
the Federated States of Micronesia in designing and 
implementing such a program.
    (p) Trust Funds.--The responsibilities of the United States 
with regard to implementation of section 235 of the Compact 
shall be discharged by the Secretary of the Interior, who shall 
consult with the Government of the Marshall Islands and the 
designated beneficiaries of the funds held in trust by the High 
Commissioner of the Trust Territory of the Pacific Islands.
    (q) Annual Reports on Determinations Under Compact Section 
313.--The President shall report annually to the Congress on 
determinations made by the United States in the exercise of its 
authority under section 313 of the Compact. Each such report 
shall describe the following, on a classified basis if 
necessary:
          (1) The actions that the Government of the Federated 
        States of Micronesia or the Government of the Marshall 
        Islands were required to refrain from pursuant to the 
        determinations of the United States.
          (2) The justification for each determination by the 
        United States, and the position of the other Government 
        concerned with respect to such determination.
          (3) The effect of the determination on the authority 
        and responsibility of the other government to conduct 
        foreign affairs in accordance with section 121 of the 
        Compact.
          (4) Any domestic effect in the Federated States of 
        Micronesia or the Marshall Islands resulting from the 
        determination, including any restriction on the civil 
        and political rights of the citizens thereof.
    (r) User Fees.--Any person in the Federated States of 
Micronesia or the Marshall Islands shall be liable for user 
fees, if any, for services provided in the Federated States of 
Micronesia or the Marshall Islands by the Government of the 
United States to the same extent as any person in the United 
States would be liable for fees, if any, for such services in 
the United States.

SEC. 106.\15\ CONSTRUCTION CONTRACT ASSISTANCE.

    (a) Assistance to U.S. Firms.--In order to assist the 
Governments of the Federated States of Micronesia and of the 
Marshall Islands through private sector firms which may be 
awarded contracts for construction or major repair of capital 
infrastructure within the Federated States of Micronesia or the 
Republic of the Marshall Islands, the President shall consult 
with the Governments of the Federated States of Micronesia and 
the Marshall Islands with respect to any such contracts, and 
the President shall enter into agreements with such firms 
whereby such firms will, consistent with applicable 
requirements of such Governments--
---------------------------------------------------------------------------
    \15\ 48 U.S.C. 1906.
---------------------------------------------------------------------------
          (1) to the maximum extent possible, employ citizens 
        of the Federated States of Micronesia and the Marshall 
        Islands;
          (2) to the extent that necessary skills are not 
        possessed by citizens of the Federated States of 
        Micronesia and the Marshall Islands, provide on the job 
        training, with particular emphasis on the development 
        of skills relating to operation of machinery and 
        routine and preventative maintenance of machinery and 
        other facilities; and
          (3) provide specific training or other assistance in 
        order to enable the Government to engage in long-term 
        maintenance of infrastructure.
Assistance by such firms pursuant to this section may not 
exceed 20 percent of the amount of the contract and shall be 
made available only to such firms which meet the definition of 
United States firm under the nationality rule for suppliers of 
services of the Agency for International Development (hereafter 
in this section referred to as ``United States firms''). There 
are authorized to be appropriated such sums as may be necessary 
for the purposes of this subsection.
    (b) Authorization.--There are authorized to be appropriated 
such sums as may be necessary to cover any additional costs 
incurred by the Government of the Federated States of 
Micronesia or the Republic of the Marshall Islands if such 
Governments, pursuant to an agreement entered into with the 
United States, apply a preference on the award of contracts to 
United States firms, provided that the amount of such 
preference does not exceed 10 percent of the amount of the 
lowest qualified bid from a non-United States firm for such 
contract.

SEC. 107.\16\ LIMITATIONS.

    (a) Prohibition.--The provisions of Chapter 11 of title 18, 
United States Code, shall apply in full to any individual who 
has served as the President's Personal Representative for 
Micronesian Status Negotiations or who is or was an officer or 
employee of the Office for Micronesian Status Negotiations or 
who is or was assigned or detailed to that Office or who served 
on the Micronesia Interagency Group, except that for the 
purposes of this section, clauses (i) and (ii) of section 
207(b) of such title shall read as follows: ``(i) having been 
so employed, within three years after his employment has 
ceased, knowingly acts as agent or attorney for, or otherwise 
represents, any other person (except the United States), in any 
formal or informal appearance before, or, with the intent to 
influence, makes any oral or written communication on behalf of 
any other person (except the United States) to, or (ii) having 
been so employed and as specified in subsection (d) of this 
section, within three years after his employment has ceased, 
knowingly represents or aids, counsels, advises, consults, or 
assists in representing any other person (except the United 
States) by personal presence at any formal or informal 
appearance before--''.
---------------------------------------------------------------------------
    \16\ 48 U.S.C. 1907.
---------------------------------------------------------------------------
    (b) Termination.--Effective upon the date of the 
termination of the Trust Territory of the Pacific Islands with 
respect to Palau, the Office for Micronesian Status 
Negotiations is abolished and no department, agency, or 
instrumentality of the United States shall thereafter 
contribute funds for the support of such Office.

SEC. 108.\17\ TRANSITIONAL IMMIGRATION RULES.

    (a) Citizen of Northern Mariana Islands.--Any person who is 
a citizen of the Northern Mariana Islands, as that term is 
defined in section 24(b) of the Act of December 8, 1983 (97 
Stat. 1465), is considered a citizen of the United States for 
purposes of entry into, permanent residence, and employment in 
the United States and its territories and possessions.
---------------------------------------------------------------------------
    \17\ 48 U.S.C. 1908.
---------------------------------------------------------------------------
  (b) Termination.--The provisions of this section shall cease 
to be effective when section 301 of the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union 
With the United States (Public Law 94-241) becomes effective 
pursuant to section 1003(c) of the Covenant.

SEC. 109.\18\ TIMING.

    No payment may be made pursuant to the Compact nor under 
any provision of this joint resolution prior to October 1, 
1985.
---------------------------------------------------------------------------
    \18\ 48 U.S.C. 1909.
---------------------------------------------------------------------------

SEC. 110.\19\ IMPLEMENTATION OF AUDIT AGREEMENTS.

    (a) Transmission of Annual Financial Statement.--Upon 
receipt of the annual financial statement described in sections 
102(c)(4) and 103(m)(4), the President shall promptly transmit 
a copy of such statement to the Congress.
---------------------------------------------------------------------------
    \19\ 48 U.S.C. 1910.
---------------------------------------------------------------------------
    (b) Annual Audits by the President.--(1) The President 
shall cause an annual audit to be conducted of the annual 
financial statements described in sections 102(c)(4) and 
103(m)(4). Such audit shall be conducted in accordance with the 
Generally Accepted Government Auditing Standards promulgated by 
the Comptroller General of the United States. Such audit shall 
be submitted to the Congress not later than 180 days after the 
end of the United States fiscal year.
    (2) The President shall develop and implement procedures to 
carry out such audits. Such procedures shall include the 
matters described in sections 102(c)(2) and 103(m)(2) of this 
title.
    (c) Authority of GAO.--The Comptroller General of the 
United States shall have the authority to conduct the audits 
referred to in sections 102(c)(1) and 103(m)(1) of this title.

SEC. 111.\20\ COMPENSATORY ADJUSTMENTS.

    (a) Additional Programs and Services.--In addition to the 
programs and services set forth in Section 221 of the Compact, 
and pursuant to Section 224 of the Compact, the services and 
programs of the following U.S. agencies shall be made available 
to the Federated States of Micronesia and the Marshall Islands: 
The Federal Deposit Insurance Corporation, Small Business 
Administration, Economic Development Administration, the Rural 
Electrification Administration, Job Partnership Training Act, 
Job Corps, and the programs and services of the Department of 
Commerce relating to tourism and to marine resource 
development.
---------------------------------------------------------------------------
    \20\ 48 U.S.C. 1911.
---------------------------------------------------------------------------
    (b)(1) Investment Development Funds.--In order to further 
close economic and commercial relations between the United 
States and the Federated States of Micronesia and the Marshall 
Islands, and in order to encourage the presence of the United 
States private sector in such areas, there are hereby created 
two Investment Development Funds, to be established and 
administered by the Federated States of Micronesia and the 
Marshall Islands respectively in consultation with the United 
States as follows:
          (i) For the Investment Development Fund for the 
        Federated States of Micronesia there is hereby 
        authorized to be appropriated for fiscal 1986, $20 
        million, backed by the full faith and credit of the 
        United States, of which $12 million shall be made 
        available for obligation for the first full fiscal year 
        after the effective date of the Compact, and of which 
        $8 million shall be made available for obligation for 
        the third full fiscal year after the effective date of 
        the Compact.
          (ii) For the Investment Development Fund for the 
        Marshall Islands there is hereby authorized to be 
        appropriated $10 million for fiscal 1986, backed by the 
        full faith and credit of the United States, of which $6 
        million for the first full fiscal year after the 
        effective date of the Compact, and of which $4 million 
        shall be made available for obligation for the third 
        full fiscal year after the effective date of the 
        Compact.
    (2) The amounts specified in subsection (b) of this section 
shall be in addition to the sums and amounts specified in 
Articles I and III of Title Two of the Compact, and shall be 
deemed to be included in the sums and amounts referred to in 
section 236 of the Compact.
    (c) Board of Advisors.--To provide policy guidance for the 
Funds established by subsection (b) of this section, the 
President is hereby authorized to establish a Board of 
Advisors, pursuant to appropriate agreements between the United 
States and the Federated States of Micronesia and the Marshall 
Islands.
    (d) Further Amounts.--The governments of the Federated 
States of Micronesia and the Marshall Islands may submit to 
Congress reports concerning the overall financial and economic 
impacts on such areas resulting from the effect of Title IV of 
this joint resolution upon Title Two of the Compact. There are 
hereby authorized to be appropriated for fiscal years beginning 
after September 30, 1990, such amounts as may be necessary, but 
not to exceed $40 million for the Federated States of 
Micronesia and $20 million for the Marshall Islands, as 
provided in appropriation acts, to further compensate the 
governments of such islands (in addition to the compensation 
provided in subsections (a) and (b) of this section) for 
adverse impacts, if any, on the finances and economies of such 
areas resulting from the effect of Title IV of this joint 
resolution upon Title Two of the Compact. At the end of the 
initial fifteen-year term of the Compact, should any portion of 
the total amount of funds authorized in this subsection not 
have been appropriated, such amount not yet appropriated may be 
appropriated, without regard to divisions between amounts 
authorized in this subsection for the Federated States of 
Micronesia and for the Marshall Islands, based on either or 
both such government's showing of such adverse impact, if any, 
as provided in this subsection.

                 TITLE II--COMPACT OF FREE ASSOCIATION

SEC. 201.\21\ COMPACT OF FREE ASSOCIATION.
---------------------------------------------------------------------------

    \21\ Sec. 201 set out the text of the Compact of Free Association. 
Sec. 201 of the Compact of Free Association Amendments Act of 2003 
(Public Law 108-188; 117 Stat. 2757) provides the current text of the 
Compact of Free Association, as amended.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 202.\22\ JURISDICTION.

    (a) With respect to section 321 of the Compact of Free 
Association and its related agreements, the jurisdictional 
provisions set forth in subsection (b) of this section shall 
apply only to the citizens and nationals of the United States 
and aliens lawfully admitted to the United States for permanent 
residence who are in the Marshall Islands or the Federated 
States of Micronesia.
---------------------------------------------------------------------------
    \22\ 48 U.S.C. 1912.
---------------------------------------------------------------------------
    (b)(1) The defense sites of the United States established 
in the Marshall Islands or the Federated States of Micronesia 
in accordance with the Compact of Free Association and its 
related agreements are within the special maritime and 
territorial jurisdiction of the United States as set forth in 
section 7, title 18, United States Code.
    (2) Any person referred to in subsection (a) of this 
section who within or upon such defense sites is guilty of any 
act or omission which, although not made punishable by any 
enactment of Congress, would be punishable if committed or 
omitted within the jurisdiction of the State of Hawaii by the 
laws thereof, in force at the time of such act or omission, 
shall be guilty of a like offense and subject to a like 
punishment.
    (3) The United States District Court for the District of 
Hawaii shall have jurisdiction to try all criminal offenses 
against the United States, including the laws of the State of 
Hawaii made applicable to the defense sites in the Marshall 
Islands or the Federated States of Micronesia by virtue of 
paragraph (2) of this subsection, committed by any person 
referred to in subsection (a) of this section.
    (4) The United States District Court for the District of 
Hawaii may appoint one or more Magistrates for the defense 
sites in the Marshall Islands. Such Magistrates shall have the 
power and the status of Magistrates appointed pursuant to 
chapter 43, title 28, United States Code, provided, however 
that such Magistrates shall have the power to try persons 
accused of and sentence persons convicted of petty offenses, as 
defined in section 1(3), title 18, United States Code, 
including violations of regulations for the maintenance of 
peace, order, and health issued by the Commanding Officer on 
such defense sites, without being subject to the restrictions 
provided for in section 3401(b), title 18, United States Code.

                   TITLE III--PACIFIC POLICY REPORTS

SEC. 301.\23\ FINDINGS.

    The Congress finds that--
          (1) the United States does not have a clearly defined 
        policy for United States noncontiguous Pacific areas 
        (including the Commonwealth of the Northern Mariana 
        Islands, American Samoa, Guam, the State of Hawaii, and 
        the State of Alaska) and for United States-associated 
        noncontiguous Pacific areas (including the Federated 
        States of Micronesia, the Marshall Islands, and Palau);
---------------------------------------------------------------------------
    \23\ 48 U.S.C. 2001.
---------------------------------------------------------------------------
          (2) the Federal Government has often failed to 
        consider the implications for, effects on, and 
        potential of noncontiguous Pacific areas in the 
        formulation and conduct of foreign and domestic policy, 
        to the detriment of both the attainment of the 
        objectives of Federal policy and noncontiguous Pacific 
        areas;
          (3) policies and programs designed for the United 
        States as a whole may impose inappropriate standards on 
        noncontiguous Pacific areas because of their unique 
        circumstances and needs; and
          (4) the present Federal organizational arrangements 
        for liaison with (and providing assistance to) the 
        insular areas may not be adequate--
                  (A) to coordinate the delivery of Federal 
                programs and services to noncontiguous Pacific 
                areas;
                  (B) to provide a consistent basis for 
                administration of programs;
                  (C) to adapt policy to the special 
                requirements of each area and modify the 
                application of Federal programs, laws, and 
                regulations accordingly;
                  (D) to be responsive to the Congress in the 
                discharge of its responsibilities; and
                  (E) to attain the international obligations 
                of the United States.

SEC. 302.\24\ REPORTS.

    (a) Submission.--Not later than one year after the date of 
the enactment of this joint resolution and each five years 
thereafter, the Secretary of the Interior, in consultation with 
the Secretary of State, shall submit to the Congress and the 
President a report on United States noncontiguous Pacific areas 
policy together with such recommendations as may be necessary 
to accomplish the objectives of such policy.
---------------------------------------------------------------------------
    \24\ 48 U.S.C. 2002.
---------------------------------------------------------------------------
    (b) Contents.--The reports required in subsection (a) of 
this section shall set forth clearly defined policies regarding 
United States, and United States associated, noncontiguous 
Pacific areas, including--
          (1) the role of and impacts on the noncontiguous 
        Pacific areas in the formulation and conduct of foreign 
        policy;
          (2) the applicability of standards contained in 
        Federal laws, regulations, and programs to the 
        noncontiguous Pacific areas and any modifications which 
        may be necessary to achieve the intent of such laws, 
        regulations, and programs consistent with the unique 
        character of the noncontiguous Pacific areas;
          (3) the effectiveness of the Federal executive 
        organizational arrangements for--
                  (A) providing liaison between the Federal 
                Government and the governments of the 
                noncontiguous Pacific areas;
                  (B) coordinating Federal actions in a manner 
                which recognizes the unique circumstances and 
                needs of the noncontiguous Pacific areas; and
                  (C) achieving the objective of Federal policy 
                and ensuring that the Congress receives the 
                information necessary to discharge its 
                responsibilities; and
          (4) actions which may be needed to facilitate the 
        economic and social health and development of the 
        noncontiguous Pacific areas, consistent with their 
        self-determined objectives.

SEC. 303.\25\ CONFERENCE.

    (a) Meeting.--Prior to submitting the reports required 
under section 302(b), the Secretary of the Interior, in 
consultation with the Secretary of State, shall convene a 
conference to obtain the views of the noncontiguous Pacific 
areas on the matters required to be addressed in such reports.
---------------------------------------------------------------------------
    \25\ 48 U.S.C. 2003.
---------------------------------------------------------------------------
    (b) Participants.--Representatives of each of the 
noncontiguous Pacific areas; and the heads of all executive 
departments and agencies, and other public and private 
organizations concerned with the noncontiguous Pacific areas as 
requested by the Secretary of the Interior shall be entitled to 
be participants in the conference.
    (c) Written Comments.--The Secretary of the Interior shall 
afford participants in the conference an opportunity to submit 
written comments for inclusion in the reports required under 
section 302.

SEC. 304.\26\ ADMINISTRATIVE MATTERS.

    (a) Administrative Support.--The Secretary of the Interior 
shall provide all necessary administrative support to 
accomplish the requirements of sections 302 and 303.
---------------------------------------------------------------------------
    \26\ 48 U.S.C. 2004.
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
the provisions of this title.

  TITLE IV--CLARIFICATION OF CERTAIN TRADE AND TAX PROVISIONS OF THE 
                              COMPACT \27\
---------------------------------------------------------------------------

    \27\ For the most part, title IV clarified certain provisions of 
the Compact, as set out in Public Law 99-239. For the current text of 
the Compact, see Public Law 108-188.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 405.\28\ THE MARSHALL ISLANDS AND THE FEDERATED STATES OF 
                    MICRONESIA TREATED AS NORTH AMERICAN AREA.

    For purposes of section 274(h)(3)(A) of the Internal 
Revenue Code of 1954, the term ``North American Area'' shall 
include the Marshall Islands and the Federated States of 
Micronesia.
---------------------------------------------------------------------------
    \28\ 48 U.S.C. 1901 note.
---------------------------------------------------------------------------

SEC. 406.\28\ EFFECTIVE DATE.

    This title shall apply to income earned, and transactions 
occurring, after September 30, 1985, in taxable years ending 
after such date.

SEC. 407.\28\ STUDY OF TAX PROVISIONS.

    The Secretary of the Treasury or his delegate--
          (1) shall conduct a study of the effects of the tax 
        provisions of the Compact (as clarified by the 
        foregoing provisions of this title), and
          (2) shall report the results of such study before 
        October 1, 1987, to the Committee on Ways and Means of 
        the House of Representatives and the Committee on 
        Finance of the Senate.

SEC. 408.\28\ COORDINATION WITH OTHER PROVISIONS.

    Nothing in any provision of this joint resolution (other 
than this title) which is inconsistent with any provision of 
this title shall have any force or effect.

TITLE V--COMPACT OF FREE ASSOCIATION WITH PALAU * * * [Repealed--1986] 
                                  \29\

      
---------------------------------------------------------------------------
    \29\ Sec. 103 of the Approval of Compact of Free Association: 
United States-Palau (Public Law 99-658; 100 Stat. 3672 at 3675) 
repealed title V.
    c. Implementation of the Compact of Free Association With Palau

  Partial text of Public Law 101-219 [H.J. Res. 175], 103 Stat. 1870, 
                       approved December 12, 1989

  A JOINT RESOLUTION To authorize entry into force of the Compact for 
Free Association between the United States and the Government of Palau, 
                        and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

   TITLE I--IMPLEMENTATION OF COMPACT OF FREE ASSOCIATION WITH PALAU

SEC. 101.\1\ ENTRY INTO FORCE OF COMPACT.

    Notwithstanding the provisions of Section 101(d)(1)(B) of 
Public Law 99-658, entry into force of the Compact of Free 
Association between the United States and Palau (set forth in 
title II of Public Law 99-658 and hereafter in this joint 
resolution referred to as the ``Compact'') in accordance with 
subsections (a) and (d) of section 101 of Public Law 99-658 
(100 Stat. 3673) is hereby authorized--
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1951 (formerly at 48 U.S.C. 1681 note). The President 
issued Proclamation 6726 on September 27, 1994 (59 F.R. 49777), placing 
into full force and effect the Compact of Free Association With the 
Republic of Palau.
---------------------------------------------------------------------------
          (1) subject to the condition that the Compact, as 
        approved by the Congress in Public Law 99-658, is 
        approved by the requisite percentage of the votes cast 
        in a referendum conducted pursuant to the Constitution 
        of Palau, and such approval is free from any legal 
        challenge, and
          (2) upon expiration of 30 days, in which either the 
        House of Representatives or the Senate of the United 
        States is in session, after the President notifies the 
        Committees on Interior and Insular Affairs and Foreign 
        Affairs \2\ of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate 
        of the effective date of the Compact.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 102.\3\ FISCAL PROCEDURES ASSISTANCE.

    Upon request of the Government of Palau, the Secretary of 
the Interior shall provide assistance to the Government of 
Palau to develop and promulgate regulations for the effective 
expenditure of funds received pursuant to this joint 
resolution, Public Laws 99-658 and 99-239, or any other Act of 
Congress.
---------------------------------------------------------------------------
    \3\ 48 U.S.C. 1952 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------

SEC. 103.\4\ ANTIDRUG PROGRAM.

    (a) Plan.--The Department of the Interior shall develop, in 
cooperation with the Government of Palau and the National Drug 
Control Policy Office, a plan for an antidrug program in Palau. 
The plan shall be submitted to the Committees on Interior and 
Insular Affairs, Foreign Affairs,\2\ and Appropriations of the 
House of Representatives and the Committees on Energy and 
Natural Resources and Appropriations of the Senate by April 1, 
1990. The plan shall: (1) identify the specific needs and costs 
of such an antidrug program; (2) shall identify all existing 
resources to be allocated for its implementation by the 
Government of the United States and the Government of Palau; 
and (3) shall recommend priority use for additional resources, 
assuming such resources are made available.
---------------------------------------------------------------------------
    \4\ 48 U.S.C. 1953 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
    (b) Agreement.--Following completion of the plan, the 
President and the Government of Palau shall negotiate an 
agreement to facilitate implementation of the plan. Such 
agreement may include--
          (1) that the Government of Palau may request, on a 
        long-term or case-by-case basis, that the officers of 
        United States law enforcement agencies may conduct 
        investigations consistent with implementation of the 
        plan in cooperation with the law enforcement agencies 
        of the Government of Palau;
          (2) that the Government of Palau or the Government of 
        the United States may agree to provide specific 
        resources, on a one-time or a multiyear basis, to 
        strengthen the antidrug program; and
          (3) a specific description of the technical 
        assistance, training, and equipment to be provided to 
        Palau by the United States necessary to implement the 
        plan.

SEC. 104.\5\ PUBLIC AUDITOR AND SPECIAL PROSECUTOR.

    (a) Upon request of the Government of Palau the President 
shall provide, on a nonreimbursable basis, appropriate 
technical assistance to the public auditor or special 
prosecutor. The assistance provided pursuant to this subsection 
for the first five years after the effective date of the 
Compact shall, upon the request of the Government of Palau, and 
to the extent personnel are available, include (but not be 
limited to) the full services of--
---------------------------------------------------------------------------
    \5\ 48 U.S.C. 1954 (formerly at 48 U.S.C. 1681 note). As enrolled; 
no subsec. (b).
---------------------------------------------------------------------------
          (1) an auditor or accountant, as determined by the 
        public auditor, for the office of public auditor; and
          (2) an attorney or investigator, as determined by the 
        special prosecutor, for the office of special 
        prosecutor.

SEC. 105.\6\ POWER GENERATION. * * *
---------------------------------------------------------------------------

    \6\ Sec. 105 amended sec. 104(e) of Public Law 99-658.
---------------------------------------------------------------------------

SEC. 106.\7\ AUDIT CERTIFICATION.

    The chief officer of any agency conducting an audit 
pursuant to paragraph (1) of sections 102(c) and 103(m) of the 
Compact of Free Association Act of 1985 (Public Law 99-239) and 
section 101(d)(1)(C) of Public Law 99-658 shall certify that 
audit.
---------------------------------------------------------------------------
    \7\ 48 U.S.C. 1955 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------

SEC. 107.\8\ ACQUISITION OF DEFENSE SITES.

    The provisions of title III of the Compact relating to 
future use by the United States of defense sites in Palau do 
not restrict the authority of the President of the United 
States to--
---------------------------------------------------------------------------
    \8\ 48 U.S.C. 1956 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
          (1) request additional funding, subject to 
        appropriation, related to the use of privately owned 
        land in Palau pursuant to article II of title III of 
        the Compact as may be appropriate in light of actual 
        land use requirements, independent appraisals of such 
        privately owned land accepted by both governments, and 
        other appropriate documentation of actual land use 
        costs; and
          (2) consent to an extension of the time set forth in 
        a subsidiary agreement to such article in which the 
        Government of Palau is required to make such land 
        available to the United States.

SEC. 108.\9\ FEDERAL PROGRAMS COORDINATION PERSONNEL.

    The Secretary of the Interior shall station at least one 
professional staff person in each of the offices of the United 
States Representatives in the Republic of Palau, the Federated 
States of Micronesia, and the Republic of the Marshall Islands 
to provide Federal program coordination and technical 
assistance to such governments as authorized under Public Laws 
99-239 and 99-658. In meeting the purposes of this section the 
Secretary shall select qualified persons following 
consultations with the Interagency Group on Freely Associated 
State Affairs.
---------------------------------------------------------------------------
    \9\ 48 U.S.C. 1957 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------

SEC. 109.\10\ REFERENDUM COSTS.

    The Secretary of the Interior shall provide such sums as 
may be necessary for a further referendum on approval of the 
compact, if one is required, or other appropriate costs 
associated with the approval process in Palau.
---------------------------------------------------------------------------
    \10\ 48 U.S.C. 1958 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------

SEC. 110.\11\ AGREEMENTS.

    (a) Effective Date of Certain Agreements.--An agreement 
between the United States and the Government of the Republic of 
Palau consistent with the agreements approved by Public Law 
101-62 (103 Stat. 162) shall take effect without further 
authorization thirty days after submission to Congress.
---------------------------------------------------------------------------
    \11\ 48 U.S.C. 1959 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
    (b) Extensions.--The provisions of article IX, paragraph 
5(a) of the Agreement referred to in section 462(e) of the 
compact of Free Association as approved by Public Law 99-239, 
and article IX, paragraph 5(a) of the agreement referred to in 
section 462(f) of the Compact of Free Association for Palau as 
approved by Public Law 99-658, are extended, in accordance with 
the terms thereof, until October 1, 1998, unless earlier 
terminated or further extended by the laws of the United 
States.
    (c) Authorization.--Funding to implement the provisions of 
this title, and for assistance to the central health care 
facility and the prison in Palau, and the offices of Public 
Auditor and Special Prosecutor as proposed in the agreement 
entitled ``Agreement Concerning Special Programs related to the 
Entry into Force of the Compact of Free Association Between the 
Government of the United States and the Government of the 
Republic of Palau'' signed on May 26, 1989, shall be available 
pursuant to the authorization in section 105(c) of Public Law 
99-239 as referenced by section 102(b) of Public Law 99-658 or 
from funds appropriated for technical assistance to the 
Secretary of the Interior.

SEC. 111.\12\ MODIFICATION OF ENERGY ASSISTANCE FUNDING.

    (a) The President is authorized to negotiate and conclude 
an agreement, including the obligation of United States funds, 
with the Government of Palau which shall provide the following:
---------------------------------------------------------------------------
    \12\ 48 U.S.C. 1960 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
          (1) the sum of $28,000,000, adjusted by section 215 
        of the Compact at the time of its availability to 
        Palau, shall be provided to Palau pursuant to section 
        211(b) of the Compact and upon entry into force of the 
        Compact.
          (2) Palau shall pay to the United States, on or 
        before the 15th anniversary of the effective date of 
        the Compact, an amount equal to the net economic cost 
        to the United States of making available the section 
        211(b) funds in the manner specified in this subsection 
        rather than as provided in section 211(b).
          (3) Such economic cost shall reflect the time value 
        of money and be determined using the date determined 
        for a equivalent loan by the Federal Financing Bank as 
        of the date these funds are advanced, and using an 
        inflation rate consistent with the determinations made 
        under the provisions of section 215 of the Compact.
          (4) If the Government of Palau has not paid such net 
        economic costs to the United States by the 15th 
        anniversary of the effective date of the Compact, then 
        the United States shall be automatically paid such sums 
        from the fund established under section 211(f) of the 
        Compact.
          (5) The provision of section 211(b) funds, as 
        appropriated by Public Law 99-349 and pursuant to this 
        subsection, shall be in fulfillment of all United 
        States obligations under such section 211(b) of the 
        Compact and shall be subject to section 236 of the 
        compact.
    (b) Subject to the provisions of subsection (a) and upon 
the request of the Government of Palau, the sum of $28 million 
appropriated by Public Law 99-349 to fulfill the obligations of 
the United States under section 211(b) of the Compact (approved 
in Public Law 99-658), adjusted by section 215 of such Compact, 
shall be provided to Palau upon entry into force of the 
Compact.
    (c) Funding provided in Public Law 101-121 under the 
``Trust Territory of the Pacific Islands'' appropriation 
account shall remain available until expended.

SEC. 112.\13\ SUBMISSION OF AGREEMENTS.

    Any agreement concluded with the Government of Palau 
pursuant to this joint resolution including the agreement 
entitled ``Agreement Concerning Special Programs related to the 
Entry into Force of the Compact of Free Association Between the 
Government of the United States and the Government of the 
Republic of Palau'' signed on May 26, 1989, and any agreement 
which would amend, change, or terminate any such agreement, or 
portion thereof, shall be submitted to the Congress and may not 
take effect until the 30 days after the date on which such 
agreement is so submitted. An amendment or agreement 
substituting or in addition to the subsidiary agreement 
negotiated under section 212(a) of the compact or its annex 
shall take effect only when approved by an Act of Congress.
---------------------------------------------------------------------------
    \13\ 48 U.S.C. 1961 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------

SEC. 113.\14\ TRANSITION FUNDING.

    For the purposes of applying section 105(c)(2) of the 
Compact of Free Association Act of 1985 (99 Stat. 1792) to 
Palau, the terms ``fiscal year 1987'', ``fiscal year 1988'', 
and ``fiscal year 1989'' in section 104(c) of Public Law 99-658 
shall be deemed to be the first, second, and third fiscal 
years, respectively, beginning after the effective date of the 
Compact.
---------------------------------------------------------------------------
    \14\ 48 U.S.C. 1962 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
          * * * * * * *
                  d. Omnibus Insular Areas Act of 1992

Partial text of Public Law 102-247 [H.R. 2927], 106 Stat. 33, approved 
 February 24, 1992; as amended by Public Law 103-437 [U.S.C. Technical 
   Amendments; H.R. 4777], 108 Stat. 4594, approved November 2, 1994

   AN ACT To provide for the establishment of the St. Croix, Virgin 
    Islands Historical Park and Ecological Preserve, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Omnibus Insular Areas Act of 
1992''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 410tt note.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--INSULAR AREAS DISASTER SURVIVAL AND RECOVERY

SEC. 201.\2\ DEFINITIONS.

    As used in this title--
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 5204.
---------------------------------------------------------------------------
          (1) the term ``insular area'' means any of the 
        following: American Samoa, the Federated States of 
        Micronesia, Guam, the Marshall Islands, the Northern 
        Mariana Islands, the Trust Territory of the Pacific 
        Islands, and the Virgin Islands;
          (2) the term ``disaster'' means a declaration of a 
        major disaster by the President after September 1, 
        1989, pursuant to section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5170); and
          (3) the term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 202.\3\ AUTHORIZATION.

    There are hereby authorized to be appropriated to the 
Secretary such sums as may be necessary to--
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 5204a.
---------------------------------------------------------------------------
          (1) reconstruct essential public facilities damaged 
        by disasters in the insular areas that occurred prior 
        to the date of the enactment of this Act; and
          (2) enhance the survivability of essential public 
        facilities in the event of disasters in the insular 
        areas, except that with respect to the disaster 
        declared by the President in the case of Hurricane 
        Hugo, September 1989, amounts for any fiscal year shall 
        not exceed 25 percent of the estimated aggregate amount 
        of grants to be made under sections 403 and 406 of The 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170b, 5172) for such 
        disaster. Such sums shall remain available until 
        expended.

SEC. 203.\4\ TECHNICAL ASSISTANCE.

    (a) Upon the declaration by the President of a disaster in 
an insular area, the President, acting through the Director of 
the Federal Emergency Management Agency, shall assess, in 
cooperation with the Secretary and chief executive of such 
insular area, the capability of the insular government to 
respond to the disaster, including the capability to assess 
damage; coordinate activities with Federal agencies, 
particularly the Federal Emergency Management Agency; develop 
recovery plans, including recommendations for enhancing the 
survivability of essential infrastructure; negotiate and manage 
reconstruction contracts; and prevent the misuse of funds. If 
the President finds that the insular government lacks any of 
these or other capabilities essential to the recovery effort, 
then the President shall provide technical assistance to the 
insular area which the President deems necessary for the 
recovery effort.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 5204b.
---------------------------------------------------------------------------
    (b) One year following the declaration by the President of 
a disaster in an insular area, the Secretary, in consultation 
with the Director of the Federal Emergency Management Agency, 
shall submit to the Senate Committee on Energy and Natural 
Resources and the House Committee on Natural Resources \5\ a 
report on the status of the recovery effort, including an audit 
of Federal funds expended in the recovery effort and 
recommendations on how to improve public health and safety, 
survivability of infrastructure, recovery efforts, and 
effective use of funds in the event of future disasters.
---------------------------------------------------------------------------
    \5\ Sec. 15(p) of Public Law 103-437 (108 Stat. 4594) struck out 
``Interior and Insular Affairs'' and inserted in lieu thereof ``Natural 
Resources''. Sec. 1(a)(8) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Natural Resources of the House of 
Representatives shall be treated as referring to the Committee on 
Resources of the House of Representatives.
---------------------------------------------------------------------------

SEC. 204.\6\ HAZARD MITIGATION.

    The total of contributions under the last sentence of 
section 404 of The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c) for the insular 
areas shall not exceed 10 percent of the estimated aggregate 
amounts of grants to be made under sections 403, 406, 407, 408, 
and 411 of such Act for any disaster: Provided, That the 
President shall require a 50 percent local match for assistance 
in excess of 10 percent of the estimated aggregate amount of 
grants to be made under section 406 of such Act for any 
disaster.
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 5204c.
---------------------------------------------------------------------------
          * * * * * * *

                  TITLE III--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 302.\7\ INSULAR GOVERNMENT PURCHASES.

    The Governments of American Samoa, Guam, the Northern 
Mariana Islands, the Trust Territory of the Pacific Islands, 
and the Virgin Islands are authorized to make purchases through 
the General Services Administration.
---------------------------------------------------------------------------
    \7\ 48 U.S.C. 1469e.
---------------------------------------------------------------------------

SEC. 303.\8\ FREELY ASSOCIATED STATE CARRIER.

    (a) In furtherance of the objectives of the Compact of Free 
Association Act of 1985 (Public Law 99-239) and notwithstanding 
any other provision of law, a Freely Associated State Air 
Carrier shall not be precluded from providing transportation, 
between a place in the United States and a place in a state in 
free association with the United States or between two places 
in such a freely associated state, by air of persons (and their 
personal effects) and property procured, contracted for, or 
otherwise obtained by any executive department or other agency 
or instrumentality of the United States for its own account or 
in furtherance of the purposes or pursuant to the terms of any 
contract, agreement, or other special arrangement made or 
entered into under which payment is made by the United States 
or payment is made from funds appropriated, owned, controlled, 
granted, or conditionally granted, or utilized by or otherwise 
established for the account of the United States, or shall be 
furnished to or for the account of any foreign nation, or any 
international agency, or other organization of whatever 
nationality, without provisions for reimbursement.
---------------------------------------------------------------------------
    \8\ 48 U.S.C. 1973 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
    (b) The term ``Freely Associated State Air Carrier'' shall 
apply exclusively to a carrier referred to in Article IX(5)(b) 
of the Federal Programs and Services Agreement concluded 
pursuant to Article II of Title Two and Section 232 of the 
Compact of Free Association.

SEC. 304. MARSHALL ISLANDS FOOD ASSISTANCE.

    Section 103(h)(2) of the Compact of Free Association Act of 
1985 (48 U.S.C. 1681 note) is amended by striking out ``five'' 
and inserting in lieu thereof ``ten''.
          * * * * * * *
       e. Interior Appropriations for Compact of Free Association

    Partial text of Public Law 109-54 [Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2006; H.R. 2361], 
                 119 Stat. 499, approved August 2, 2005

   AN ACT Making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
                   30, 2006, and for other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

          * * * * * * *

                          Departmental Offices

                            Insular affairs

          * * * * * * *

                      compact of free association

    For grants and necessary expenses, $5,362,000, to remain 
available until expended, as provided for in sections 221(a), 
221(b), and 233 of the Compact of Free Association for the 
Republic of Palau and section 221(a)(2) of the Compact of Free 
Association, as authorized by Public Law 99-658 and Public Law 
108-188.
          * * * * * * *
 f. Approval of Agreement Between United States and Marshall Islands, 
    and Between United States and Micronesia to Amend Governmental 
      Representation Provisions of the Compact of Free Association

  Public Law 101-62 [H.R. 2214], 103 Stat. 162, approved July 26, 1989

 AN ACT To ratify certain agreements relating to the Vienna Convention 
                        on Diplomatic Relations.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, 
pursuant to section 101(d) of Public Law 99-239, the following 
agreements are approved and shall enter into force in 
accordance with their terms:
          (1) ``Agreement Between the Government of the United 
        States and the Government of the Republic of the 
        Marshall Islands to Amend the Governmental 
        Representation Provisions of the Compact of Free 
        Association Pursuant to section 432 of the Compact'', 
        signed on March 18, 1988; and
          (2) ``Agreement Between the Government of the United 
        States and the Government of the Federated States of 
        Micronesia to Amend the Governmental Representation 
        Provisions of the Compact of Free Association Pursuant 
        to section 432 of the Compact'', signed on March 9, 
        1988.
    g. Approval of Compact of Free Association: United States-Palau

 Public Law 99-658 [H.J. Res. 626], 100 Stat. 3672, approved November 
14, 1986; as amended by Public Law 99-514 [Tax Reform Act of 1986; H.R. 
 3838], 100 Stat. 2085, approved October 22, 1986; Public Law 101-219 
[Palau Compact of Free Association Implementation Act; H.J. Res. 175], 
 103 Stat. 1870, approved December 12, 1989; Public Law 101-650 [Civil 
   Justice Reform Act of 1990; H.R. 5316], 104 Stat. 5117, approved 
December 1, 1990; and Public Law 102-572 [Federal Courts Administration 
    Act of 1992; S. 1569], 106 Stat. 4506, approved October 29, 1992

JOINT RESOLUTION To approve the ``Compact of Free Association'' between 
 the United States and the Government of Palau, and for other purposes.

Whereas the United States is the administering authority of the 
    Trust Territory of the Pacific Islands under the terms of 
    the Trusteeship Agreement for the former Japanese Mandated 
    Islands entered into by the United States with the Security 
    Council of the United Nations on April 2, 1947, and 
    approved by the United States on July 18, 1947; and
Whereas the United States, in accordance with the Trusteeship 
    Agreement, the Charter of the United Nations and the 
    objectives of the international trusteeship system, has 
    promoted the development of the peoples of the Trust 
    Territory toward self-government or independence as 
    appropriate to the particular circumstances of the Trust 
    Territory and its peoples and the freely expressed wishes 
    of the peoples concerned; and
Whereas the United States, in response to the desires of the 
    people of Palau expressed through their freely-elected 
    representatives and by the official pronouncements and 
    enactments of their lawfully constituted government, and in 
    consideration of its own obligations under the Trusteeship 
    Agreement to promote self-determination, entered into 
    political status negotiations with representatives of the 
    people of Palau; and
Whereas these negotiations resulted in the ``Compact of Free 
    Association'' between the United States and Palau which, 
    together with its related agreements, was signed by the 
    United States and by Palau on January 10, 1986; and
Whereas the Compact of Free Association received a favorable 
    vote of a majority of the people of Palau voting in a 
    United Nations-observed plebiscite conducted on February 
    21, 1986; and
Whereas the Supreme Court of Palau has ruled that the 
    constitutional process of Palau for approval of the Compact 
    of Free Association in accordance with section 411 of the 
    Compact has not yet been completed; and
Whereas the President of Palau has requested the United States 
    to complete the process of United States approval of the 
    Compact of Free Association in accordance with section 411 
    of the Compact through enactment of an appropriate joint 
    resolution: Now, therefore, be it

  Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

  TITLE I--APPROVAL OF COMPACT; INTERPRETATION OF, AND UNITED STATES 
          POLICIES REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS

                approval of compact of free association

  Sec. 101.\1\ (a) Approval.--The Compact of Free Association 
set forth in title II of this joint resolution between the 
United States and the Government of Palau is hereby approved, 
and Congress hereby consents to the agreements as set forth on 
pages 154 through 405 of House Document 99-193 of April 9, 1986 
(hereafter in this joint resolution referred to as subsidiary 
or related agreements), as they relate to such Government. 
Subject to the provisions of this joint resolution, the 
President is authorized to agree, in accordance with section 
411 of the Compact, to an effective date for and thereafter to 
implement such Compact, having taken into account any 
procedures with respect to the United Nations for termination 
of the Trusteeship Agreement.
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1931 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
  (b) Reference to the Compact.--Any reference in this joint 
resolution to the ``Compact'' shall be treated as a reference 
to the Compact of Free Association set forth in title II of 
this joint resolution.
  (c) Amendment, Change, or Termination of the Compact and 
Certain Agreements.--(1) Mutual agreement by the Government of 
the United States as provided in the Compact which results in 
amendment, change, or termination of all or any part thereof 
shall be affected only by Act of Congress and no unilateral 
action by the Government of the United States provided for in 
the Compact, and having such result, may be effected other than 
by Act of Congress.
  (2) The provisions of paragraph (1) shall apply--
          (A) to all actions of the Government of the United 
        States under the Compact including, but not limited to, 
        actions taken pursuant to sections 431, 432, 441, or 
        442;
          (B) to any amendment, change, or termination in any 
        agreement that may be concluded at any time between the 
        Government of the United States and the Government of 
        Palau regarding friendship, cooperation and mutual 
        security concluded pursuant to sections 321 and 323 of 
        the Compact referred to in section 462(h);
          (C) to any amendment, change, or termination of the 
        agreements concluded pursuant to Compact sections 175 
        and 221(a)(4), the terms of which are incorporated by 
        reference into the Compact; and
          (D) to the following subsidiary agreements, or 
        portions thereof:
                  (i) Article II of the agreement referred to 
                in section 462(a) of the Compact;
                  (ii) Article II of the agreement referred to 
                in section 462(b) of the Compact;
                  (iii) Article II and Section 7 of Article X 
                of the agreement referred to in section 462(f) 
                of the Compact;
                  (iv) the agreement referred to in section 
                462(g) of the Compact;
                  (v) Articles II, III, IV, V, VI, and VII of 
                the agreement referred to in section 462(h) of 
                the Compact; and
                  (vi) Articles VI, XV, and XVII of the 
                agreement referred to in section 462(i) of the 
                Compact.
  (d) Effective Date.--(1) The authority of the President to 
agree to an effective date for the Compact of Free Association 
between the United States and Palau concurrently with 
termination of the Trusteeship shall be carried out in 
accordance with this section, and the Compact shall not take 
effect until after--
          (A) The President has certified to the Congress that 
        the Compact has been approved in accordance with 
        Section 411 (a) and (b) of the Compact, and that there 
        exists no legal impediment to the ability of the United 
        States to carry out fully its responsibilities and to 
        exercise its rights under Title Three of the Compact, 
        as set forth in this Act, and
          (B) enactment of a joint resolution which has been 
        reported by the Committee on Energy and Natural 
        Resources of the Senate and the Committees on Interior 
        and Insular Affairs and Foreign Affairs \2\ and other 
        appropriate Committees of the House of Representatives 
        authorizing entry into force of the Compact, and
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (C) agreements have been concluded with Palau which 
        satisfy the requirements of Section 102 of Public Law 
        99-239. For the purpose of this subsection the word 
        ``Palau'' shall be substituted for ``Federated States 
        of Micronesia'' whenever it appears in Section 102 of 
        Public Law 99-239.
  (2) Any agreement concluded with Palau pursuant to 
subparagraph 101(d)(1)(C) of this title and any agreement which 
would amend, change, or terminate any subsidiary agreement or 
related agreement, or portion thereof, as set forth in 
paragraph (4) of this subsection shall be submitted to the 
Congress. No such agreement shall take effect until after the 
expiration of 30 days after the date such agreement is so 
submitted (excluding days on which either House of Congress is 
not in session).
  (3) No agreement described in paragraph (2) shall take effect 
if a joint resolution of disapproval is enacted during the 
period specified in paragraph (2). For the purpose of 
expediting the consideration of such a joint resolution, a 
motion to proceed to the consideration of any such joint 
resolution after it has been reported by an appropriate 
committee shall be treated as highly privileged in the House of 
Representatives. Any such joint resolution shall be considered 
in the Senate in accordance with the provisions of section 
601(b) of Public Law 94-329.
  (4) The subsidiary agreement of portions thereof referred to 
in paragraph (2) are as follows:
          (A) Articles III and IV of the agreement referred to 
        in section 462(b) of the Compact.
          (B) Articles III, IV, V, VI, VII, VIII, IX, and X 
        (except for section 7 thereof) of the agreement 
        referred to in section 462(f) of the Compact.
          (C) Articles IV, V, X, XIV, XVI, and XVIII of the 
        agreement referred to in section 462(i) of the Compact.
          (D) Articles II, V, VI, VII, and VIII of the 
        agreement referred to in section 462(h) of the Compact.
          (E) The agreement referred to in section 462(j) of 
        the Compact.
  (5) No agreement between the United States and the Government 
of Palau which would amend, change, or terminate any subsidiary 
or related agreement, or portion thereof, other than those set 
forth in subsection (d) of this section or paragraph (4) of 
this subsection, shall take effect until the President has 
transmitted such an agreement to the President of the Senate 
and the Speaker of the House of Representatives, together with 
an explanation of the agreement and the reasons therefor.

           extension of compact of free association to palau

  Sec. 102.\3\ (a) The interpretation of and United States 
Policy Regarding the Compact of Free Association set forth in 
section 104 of Public Law 99-239 shall apply to the Compact of 
Free Association with Palau.
---------------------------------------------------------------------------
    \3\ 48 U.S.C. 1932 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
  (b) The provisions of section 105, except for subsection (i), 
section 106, section 110, and section 111 (a) and (d) of Public 
Law 99-239, as amended, shall apply to Palau in the same manner 
and to the same extent as such sections apply to the Marshall 
Islands.

 repeal of title v of the compact of free association act (public law 
                                99-239)

  Sec. 103. Title V of Public Law 99-239 is repealed.

                        supplemental provisions

  Sec. 104.\4\ (a) Civic Action Teams.--In recognition of the 
special development needs of Palau and the Marshall Islands, 
the United States shall make available United States military 
Civic Action Teams for use in Palau or the Marshall Islands 
under terms and conditions mutually agreed upon by the 
Government of the United States and the Governments of Palau or 
the Marshall Islands, as appropriate. The Government of Palau 
may use the amount of $250,000 annually from current account 
funds provided pursuant to section 211 of the Compact to defray 
expenditures attendant to the operation of the Civic Action 
Teams made available pursuant to this subsection. The 
Government of the Marshall Islands may use the amount of 
$250,000 annually from current account funds provided under 
section 211 of Title Two of the Compact of Free Association 
with the Marshall Islands to defray expenditures attendant to 
the operation of the Civic Action Teams made available pursuant 
to this subsection.
---------------------------------------------------------------------------
    \4\ 48 U.S.C. 1933 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
  (b) Inventory and Study of Natural, Historic, and Other 
Resources.--The Secretary of the Interior shall conduct, upon 
request of Palau, the Federated States of Micronesia or the 
Marshall Islands, and through the Director of the National Park 
Service, a comprehensive inventory and study of the most unique 
and significant natural, historical, cultural, and recreational 
resources of Palau, the Federated States of Micronesia or the 
Marshall Islands. Areas or sites exhibiting such qualities 
shall be described and evaluated with the objective of the 
preservation of their values and their careful use and 
appreciation by the public, along with a determination of their 
potential for attracting tourism. Alternative methodologies for 
such preservation and use shall be developed for each area or 
site (including continued assistance from the National Park 
Service); current or impending damage or threats to the 
resources of such areas or sites shall be identified and 
evaluated; and authorities needed to properly protect and allow 
for public use and appreciation shall be identified and 
discussed. Such inventory and study shall be conducted in full 
cooperation and consultation with affected governmental 
officials and the interested public. A full report on such 
inventory and study shall be transmitted to Palau or the 
Federated States of Micronesia or the Marshall Islands, the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate no later than two 
complete calendar years after the date of enactment of this 
joint resolution. The inventory and study shall also identify 
areas or sites which, if they were located in the United 
States, would qualify to be listed on the Registry of Natural 
Landmarks and the National Register of Historic Places.
  (c) Authorization for Transition Purposes.--Section 105(c)(2) 
of Public Law 99-239 is amended by deleting ``infrastructure.'' 
and inserting in lieu thereof ``infrastructure, except that, 
for purposes of an orderly reduction of United States programs 
and services in the Federated States of Micronesia, the 
Marshall Islands, and Palau, United States programs or services 
not specifically authorized by the Compact of Free Association 
or by other provisions of law may continue but, unless 
reimbursed by the respective freely associated state, not in 
excess of the following amounts:
          ``(1) For fiscal year 1987, an amount not to exceed 
        75 per centum of the total amount appropriated for such 
        programs for fiscal year 1986;
          ``(2) For fiscal year 1988, an amount not to exceed 
        50 per centum of the total amount appropriated for such 
        programs for fiscal year 1986;
          ``(3) For fiscal year 1989, an amount not to exceed 
        25 per centum of the total amount appropriated for such 
        programs for fiscal year 1986.''.
  (d) Peleliu and Angaur.--Not later than one year after the 
date of enactment of this joint resolution, the Secretary of 
Agriculture, after appropriate studies conducted in 
consultation with the Government of Palau, shall report to the 
President and the Congress concerning the feasibility and cost 
of rehabilitating and restoring the fertility of the topsoil of 
the islands of Peleliu and Angaur. Upon the request of the 
Government of Palau, the President shall make the report of the 
Secretary of Agriculture available to the Government of Palau. 
Technical assistance to accomplish such rehabilitation and 
restoration, if feasible, may be provided to the Government of 
Palau on a nonreimbursable basis, subject to the availability 
of appropriated funds.
  (e) \5\ Neither the Secretary of the Treasury nor any other 
officer or agent of the United States shall pay or transfer any 
portion of the sums and amounts payable to the Government of 
Palau pursuant to this joint resolution to any party other than 
the Government of Palau, except under the procedures 
established by the Compact and its related agreements. No funds 
appropriated pursuant to the Compact, this Act, or any other 
Act for grants or other assistance to Palau may be used to 
satisfy any obligation or expense incurred by Palau prior to 
November 14, 1986, with respect to any contract or debt related 
to any electrical generating plant or related facilities 
entered into or incurred by Palau which has not been 
specifically authorized by Congress in advance, except that the 
Government of Palau may use any portion of the annual grant 
under section 211(b) not required to be devoted to the energy 
needs of those parts of Palau not served by its central power 
generating facilities and any portion of the funds under 
section 212(b) of the Compact for such purpose.
---------------------------------------------------------------------------
    \5\ Sec. 105 of Public Law 101-219 (103 Stat. 1871) amended and 
restated subsec. (e), which previously read as follows:
    ``(e) Neither the Secretary of the Treasury nor any other officer 
or agent of the United States shall pay or transfer any portion of the 
sums and amounts payable to the Government of Palau pursuant to this 
joint resolution to any party other than the Government of Palau. The 
provisions of section 174(a) of the Compact shall apply with respect to 
any action based on a contract or debt related to any electrical 
generating plant or related facilities entered into or incurred by 
Palau prior to the date of enactment of this joint resolution.''.
---------------------------------------------------------------------------
  (f) Amounts appropriated to be paid pursuant to section 177 
of Article I of Title One or Articles I and III of Title Two of 
the Compact of Free Association with the Federated States of 
Micronesia and the Marshall Islands, as set forth in Title II 
of the Compact of Free Association Act of 1985, or pursuant to 
section 103(h), 103(k), or 105(m) of such Act (Public Law 99-
239), or pursuant to Article I of Title Two of the Compact with 
Palau, as set forth in Title II of this joint resolution, or 
section 104(l) of this joint resolution shall not be reduced, 
notwithstanding Public Law 99-177, Public Law 99-366, and other 
law enacted to implement Public Law 99-177, or any other 
provision of law.
  (g) The Congress reaffirms all of the understandings, 
interpretations, and policy statements contained in Public Law 
99-239 (99 Stat. 1770). Congressional Resolution 4-60 adopted 
by the 4th Congress of the Federated States of Micronesia on 
March 26, 1986 and Resolution No. 62 adopted by the Nitijela of 
the Marshall Islands on February 18, 1986 do not exclude, limit 
or modify any provision of the Compact of Free Association as 
approved by the United States. To the extent that any 
understandings, interpretations, and policy statements 
contained in such Resolutions are inconsistent with the 
provisions of Public Law 99-239, the United States does not 
concur therein. The President shall take such steps, including 
but not limited to, communicating with the Governments of the 
Federated States of Micronesia and the Republic of the Marshall 
Islands, as may be necessary to preserve all rights of the 
United States in connection with interpretation and 
implementation of such Public Law.
  (h) Additional Provisions Relating to Title Three of the 
Compact.--
          (1) The Government of the United States recognizes 
        and respects the scarcity and special importance of 
        land in Palau. In making any designation of land 
        pursuant to section 322 of the Compact, the Government 
        of the United States shall follow the policy of 
        requesting the minimum area necessary to accomplish the 
        required security and defense purpose, of requesting 
        only the minimum interest in real property necessary to 
        support such purpose, and of requesting first to 
        satisfy the requirement through public real property, 
        where available, rather than through private real 
        property.
          (2) The Armed Forces of other nations invited to use 
        military areas and facilities in Palau pursuant to 
        section 312 of the Compact shall be permitted only as 
        it is incident to the authority and under the control 
        of the United States. The activities of such third 
        country forces shall be subject to the same limitations 
        and restrictions applicable to the authority of the 
        United States under the terms of the Compact.
          (3) The Government of the United States considers 
        ``Exclusive use'' areas established for the United 
        States pursuant to Title Three of the Compact to be 
        ``within the jurisdiction of Palau,'' as that term is 
        used in section 324 of the Compact.
  (i) Notwithstanding any other provision of law, funds 
appropriated for the Compact of Free Association, Public Law 
99-239, or this joint resolution, in the act of making 
supplemental appropriations for fiscal year 1986, shall remain 
available until expended.
  (j)(1) Section 4(c) of the Act of December 27, 1974 (88 Stat. 
1784; 16 U.S.C. 460ff-3(c)) is amended by inserting ``(1)'' 
after ``(c)'' and by adding the following at the end thereof:
  ``(2) The Secretary is authorized and directed, in 
cooperation with the Secretary of Agriculture, the State of 
Ohio, and affected local governments, to undertake a program of 
and treatment for the purpose of restoring suitable vegetative 
cover to substantially eliminate erosion from all lands, public 
and private, within the authorized boundaries of the recreation 
area. In the case of any private lands, within such authorized 
boundaries such treatment may be undertaken only with the 
consent of the owner thereof and shall be contingent upon 
assurances that such land treatment will be maintained by the 
owner for a period of not less than ten years. The Secretary 
shall, in conjunction with such program, take such actions as 
may be required to correct areas of ecological degradation 
which create hazards to health and safety.''.
  (2) Section 6 of such Act (16 U.S.C. 460ff-5) is amended by 
adding the following at the end thereof:
  ``(c) There are hereby authorized to be appropriated not more 
than $500,000 for fiscal year 1986, $1,000,000 for fiscal year 
1987, $1,500,000 for fiscal year 1988, and $1,750,000 for 
fiscal year 1989, to carry out the provisions of section 
4(c)(2) of this Act. Any amounts authorized to be appropriated 
for any fiscal year under this subsection which are not 
appropriated for that fiscal year shall remain available for 
appropriation in succeeding fiscal years.''.
  (3) No authority under this subsection to enter into 
contracts or to make payments shall be effective except to the 
extent and in such amounts as provided in advance in 
appropriations Acts. Any provision of this subsection which 
authorizes the enactment of new budget authority shall be 
effective only for fiscal years beginning after September 30, 
1985.
  (k) The Departments of Energy and Interior are directed to 
provide the Committees on Appropriations of the House and 
Senate with a report by December 1 of each fiscal year 
detailing how funds were spent during the previous fiscal year 
for the special medical care and logistical support program for 
Rongelap and Utrik and for the agriculture and food programs 
for Eniwetok and Bikini as referenced in Section 103(h) of 
Public Law 99-239. The report shall also specify the 
anticipated needs during the current and following fiscal years 
in order to meet the radiological health care and logistical 
support program for Rongelap and Utrik and the planting, 
agricultural maintenance, and food programs for Eniwetok and 
Bikini. It is the sense of the Congress that the special 
medical care and logistical support program for Rongelap and 
Utrik and for the agriculture and food programs for Eniwetok 
and Bikini described in section 103(h) of Public Law 99-239 
represent special and continuing moral commitments of the 
United States which will be annually funded to the extent of 
the need of the populations of such atolls for such assistance.

                 TITLE II--COMPACT OF FREE ASSOCIATION

                      compact of free association

  Sec. 201. Compact of Free Association is as follows:

                      COMPACT OF FREE ASSOCIATION

                                preamble

 the government of the united states of america and the government of 
                                 palau

  Affirming that their Governments and the relationship between 
their Governments are founded upon respect for human rights and 
fundamental freedoms for all: and
  Affirming the common interests of the United States of 
America and the people of Palau in creating close and mutually 
beneficial relationships through a free and voluntary 
association of their Governments; and
  Affirming the interest of the Government of the United States 
in promoting the economic advancement and self-sufficiency of 
the people of Palau; and
  Recognizing that their previous relationship has been based 
upon the International Trusteeship System of the United Nations 
Charter; and that pursuant to Article 76 of the Charter, the 
peoples of the Trust Territory have progressively developed 
their institutions of self-government, and that in the exercise 
of their sovereign right to self-determination they have, 
through their free-expressed wishes, adopted a Constitution 
appropriate to their particular circumstances; and
  Recognizing their common desire to terminate the Trusteeship 
and establish a new government-to-government relationship in 
accordance with a new political status based on the freely-
expressed wishes of the people of Palau and appropriate to 
their particular circumstances; and
  Recognizing that the people of Palau have and retain their 
sovereignty and their sovereign right to self-determination and 
the inherent right to adopt and amend their own Constitution 
and form of government and that the approval of the entry of 
their Government into this Compact of Free Association by the 
people of Palau constitutes an exercise of their sovereign 
right to self-determination;
  NOW, THEREFORE, AGREE to enter into relationship of free 
association which provides a full measure of self-government 
for the people of Palau; and
  FURTHER AGREE that the relationships of free association 
derives from and is as set forth in this Compact; and that, 
during such relationships of free association, the respective 
rights and responsibilities of the Government of the United 
States and the Government of the freely associated state of 
Palau in regard to this relationship of free association 
derives from and is as set forth in this Compact.

                               TITLE ONE

                          GOVERNMENT RELATIONS

                               Article I

                            Self-government

Section 111

  The people of Palau, acting through their duly elected 
government established under their constitution, are self-
governing.

                               Article II

                            Foreign Affairs

Section 121

  (a) The Republic of Palau has the capacity to conduct foreign 
affairs in its own name and right, except as otherwise provided 
in this Compact and the Government of the United States 
recognizes that the Government of Palau, in the exercise of 
this capacity, may enter into, in its own name and right, 
treaties and other international agreements with governments 
and regional and international organizations.
  (b) In the conduct of its foreign affairs the Government of 
Palau confirms that it shall act in accordance with principles 
of international law and shall settle its international 
disputes by peaceful means.

Section 122

  The Government of the United States shall support application 
by the Government of Palau for membership or other 
participation in regional or international organizations as may 
be mutually agreed. The Government of the United States agrees 
to accept citizens of Palau for training and instruction at the 
United States Foreign Service Institute, established under 22 
U.S.C. 4021, or similar training under terms and conditions to 
be mutually agreed.

Section 123

  In recognition of the authority and responsibility of the 
Government of the United States under Title Three, the 
Government of Palau shall consult with the Government of the 
United States. The Government of the United States, in the 
conduct of its foreign affairs, shall consult with the 
Government of Palau on matters which the Government of the 
United States regards as relating to or affecting the 
Government of Palau, and shall provide, on a regular basis, 
information on regional foreign policy matters.

Section 124

  (a) The Government of Palau has authority to conduct its 
foreign affairs relating to law of the sea and marine resources 
matters, including the harvesting, conservation, exploration or 
exploitation of living and nonliving resources from the sea, 
seabed or subsoil to the full extent recognized under 
international law.
  (b) The Government of Palau has jurisdiction and sovereignty 
over its territory, including its land and internal waters, 
territorial seas, the airspace superjacent thereto only to the 
extent recognized under international law.

Section 125

  Except as otherwise provided in this Compact or its related 
agreements, all obligations, responsibilities, rights and 
benefits of the Government of the United States as 
administering authority which have resulted from the 
application pursuant to the Trusteeship Agreement of any treaty 
or other international agreement to the Trust Territory of the 
Pacific Islands on the day preceding the effective date of this 
Compact are no longer assumed and enjoyed by the Government of 
the United States.

Section 126

  The Government of the United States shall accept 
responsibility for those actions taken by the Government of 
Palau in the area of foreign affairs, only as may from time to 
time be expressly and mutually agreed.

Section 127

  The Government of the United States may assist or act on 
behalf of the Government of Palau in the area of foreign 
affairs as may be requested and mutually agreed from time to 
time. The Government of the United States shall not be 
responsible to third parties for the actions of the Government 
of Palau undertaken with the assistance or through the agency 
of the Government of the United States pursuant to this Section 
unless expressly agreed.

Section 128

  At the request of the Government of Palau and subject to the 
consent of the receiving state, the Government of the United 
States shall extend consular assistance on the same basis as 
for citizens of the United States to citizens of Palau for 
travel outside of Palau, the Marshall Islands, the Federated 
States of Micronesia, the United States and its territories and 
possessions.

                              Article III

                             Communications

Section 131

  (a) The Government of Palau has full authority and 
responsibility to regulate its domestic and foreign 
communications, and the Government of the United States shall 
provide communication assistance in accordance with the terms 
of a related agreement which shall come into effect 
simultaneously with this Compact, and such agreement shall 
remain in effect until such time as any election is made 
pursuant to Section 131(b) and which shall provide for the 
following:
          (1) the Government of the United States remains the 
        sole administration entitled to make notification to 
        the International Frequency Registration Board of the 
        International Telecommunications Union of frequency 
        assignments to radio communications stations in Palau; 
        and to submit to the International Frequency 
        Registration Board seasonal schedules for the 
        broadcasting stations in Palau in the bands allocated 
        exclusively to the broadcasting service between 5,950 
        and 26,100 kHz and in any other additional frequency 
        bands that may be allocated to use by high frequency 
        broadcasting stations; and
          (2) the United States Federal Communications 
        Commission has jurisdiction, pursuant to the 
        Communications Act of 1934, 47 U.S.C. 151 et seq., and 
        the Communications Satellite Act of 1962, 47 U.S.C. 721 
        et seq., over all domestic and foreign communications 
        services furnished by means of satellite earth terminal 
        stations where such stations are owned or operated by 
        United States common carriers and are located in Palau.
  (b) The Government of Palau may elect at any time to 
undertake the functions enumerated in Section 131(a) and 
previously performed by the Government of the United States. 
Upon such election, the Government of the United States shall 
so notify the International Frequency Registration Board and 
shall take such other actions as may be necessary to transfer 
to the Government of Palau the notification authority referred 
to in Section 131(a) and all rights deriving from the previous 
exercise of any such notification authority by the Government 
of the United States.

Section 132

  The Government of Palau shall permit the Government of the 
United States to operate telecommunications services in Palau 
to the extent necessary to fulfill the obligations of the 
Government of the United States under this Compact in 
accordance with the terms of related agreements which shall 
come into effect simultaneously with this Compact.

                               Article IV

                              Immigration

Section 141

  (a) Any person in the following categories may enter into, 
lawfully engage in occupations, and establish residence as a 
nonimmigrant in the United States and its territories and 
possessions without regard to paragraphs (14), (20), and (26) 
of section 212(a) of the Immigration and Nationality Act, 8 
U.S.C. 1182(a) (14), (20), and (26):
          (1) a person who, on the day preceding the effective 
        date of this Compact, is a citizen of Trust Territory 
        of the Pacific Islands, as defined in Title 53 of the 
        Trust Territory Code in force on January 1, 1979, and 
        has become a citizen of Palau;
          (2) a person who acquires the citizenship of Palau, 
        at birth, on or after the effective date of the 
        Constitution of Palau; or
          (3) a naturalized citizen of Palau, who has been an 
        actual resident there for not less than five years 
        after attaining such naturalization and who holds a 
        certificate of actual residence.
Such persons shall be considered to have the permission of the 
Attorney General of the United States to accept employment in 
the United States.
  (b) The right of such persons to establish habitual residence 
in a territory or possession of the United States may, however, 
be subjected to nondiscriminatory limitations provided for:
          (1) in statutes or regulations of the United States; 
        or
          (2) in those statutes or regulations of the territory 
        or possession concerned which are authorized by the 
        laws of the United States.
  (c) Section 141(a) does not confer on a citizen of Palau, the 
right to establish the residence necessary for naturalization 
under the Immigration and Nationality Act, or to petition for 
benefits for alien relatives under that Act. Section 141(a), 
however, shall not prevent a citizen of Palau from otherwise 
acquiring such rights or lawful permanent resident alien status 
in the United States.

Section 142

  (a) Any citizen or national of the United States may enter 
into, lawfully engage in occupations, and reside in Palau, 
subject to the right of that Government to deny entry to or 
deport any such citizen or national as an undesirable alien. A 
citizen or national of the United States may establish habitual 
residence or domicile in Palau only in accordance with the laws 
of Palau. This subsection is without prejudice to the right of 
the Government of Palau to regulate occupations in Palau in a 
nondiscriminatory manner.
  (b) With respect to the subject matter of this Section, the 
Government of Palau shall accord to citizens and nationals of 
the United States treatment no less favorable than that 
accorded to citizens of other countries; any denial of entry to 
or deportation of a citizen or national of the United States as 
an undesirable alien must be pursuant to reasonable statutory 
grounds.

Section 143

  (a) The privileges set forth in Section 141 shall not apply 
to any person who takes an affirmative step to preserve or 
acquire a citizenship or nationality other than that of Palau.
  (b) Every person having the privileges set forth in Sections 
141 and 142 who possesses a citizenship or nationality other 
than that of Palau or the United States ceases to have these 
privileges two years after the effective date of this Compact, 
or within six months after becoming 21 years of age, whichever 
comes later, unless such person executes an oath of 
renunciation of that other citizenship or nationality.

Section 144

  (a) A citizen or national of the United States who, after 
notification to the Government of the United States of an 
intention to employ such person by the Government of Palau, 
commences employment with that Government shall not be deprived 
of his United States nationality pursuant to Section 349 (a)(2) 
and (a)(4) of the Immigration and Nationality Act, 8 U.S.C. 
1481 (a)(2) and (a)(4).
  (b) Upon such notification by the Government of Palau, the 
Government of the United States may consult with or provide 
information to the notifying Government concerning the 
prospective employee, subject to the provisions of the Privacy 
Act, 5 U.S.C. 552a.
  (c) The requirement of prior notification shall not apply to 
those citizens or nationals of the United States who are 
employed by the Government of Palau on the effective date of 
this Compact with respect to the positions held by them at that 
time.

                               Article V

                             Representation

Section 151

  The Government of the United States and the Government of 
Palau may establish and maintain representative offices in the 
capitals of the other.

Section 152

  (a) The premises of such representatives offices, and their 
archives wherever located, shall be inviolable. The property 
and assets of such representative offices shall be immune from 
search, requisition, attachment and any form of seizure unless 
such immunity is expressly waived. Official communications in 
transit shall be inviolable and accorded the freedom and 
protections accorded by recognized principles of international 
law to official communications of a diplomatic mission.
  (b) Persons designated by the sending Government may serve in 
the capacity of its resident representatives with the consent 
of the receiving Government. Such designated persons shall be 
immune from civil and criminal process relating to words spoken 
or written and all acts performed by them in their official 
capacity and falling within their functions as such 
representatives, except insofar as such immunity may be 
expressly waived by the sending Government. While serving in a 
resident representative capacity, such designated persons shall 
not be liable to arrest or detention pending trial, except in 
the case of a grave crime and pursuant to a decision by a 
competent judicial authority, and such persons shall enjoy 
immunity from seizure of personal property, immigration 
restrictions, and laws relating to alien registration, 
fingerprinting, and the registration of foreign agents.
  (c) The sending Governments and their respective assets, 
income and other property shall be exempt from all direct 
taxes, except those direct taxes representing payment for 
specific goods and services, and shall be exempt from all 
customs duties and restrictions on the import or export of 
articles required for the official functions and personal use 
of their representatives and representative offices.
  (d) Persons designated by the sending Government to serve in 
the capacity of its resident representatives shall enjoy the 
same taxation exemptions as are set forth in Article 34 of the 
Vienna Convention on Diplomatic Relations.
  (e) The privileges, exemptions and immunities accorded under 
this Section are not for the personal benefit of the 
individuals concerned but are to safeguard the independent 
exercise of their official functions. Without prejudice to 
those privileges, exemptions and immunities, it is the duty of 
all such persons to respect the laws and regulations of the 
Government to which they are assigned.

                               Article VI

                        Environmental Protection

Section 161

  The Government of the United States and the Government of 
Palau declare that it is their policy to promote efforts to 
prevent or eliminate damage to the environment and biosphere 
and to enrich understanding of the natural resources of the 
Palau.

Section 162

  (a) \6\ The Government of the United States and the 
Government of Palau agree that with respect to the activities 
of the Government of the United States in Palau, and with 
respect to substantively equivalent activities of the 
Government of Palau, each of the Governments shall be bound by 
such environmental protection standards as may be mutually 
agreed for the purpose of carrying out the policy set forth in 
this Compact.
---------------------------------------------------------------------------
    \6\ As enrolled; no subsec. (b).

Section 163

  In order to carry out the policy set forth in this Article, 
the Government of the United States and the Government of Palau 
agree to the following undertakings.
  (a) The Government of the United States:
          (1) shall apply environmental standards substantively 
        similar to those in effect on the day preceding the 
        effective date of this Compact to any activity 
        requiring the preparation of an Environmental Impact 
        Statement under the provisions of the National 
        Environmental Policy Act of 1969, 83 Stat. 852, 42 
        U.S.C. 4321 et seq.
          (2) shall develop, prior to conducting any activity 
        included within the category described in this Section, 
        appropriate mechanisms, including regulations or other 
        standards and procedures, to regulate such activity in 
        Palau in a manner appropriate to the special 
        governmental relationship set forth in this Compact. 
        The Government of the United States shall provide the 
        Government of Palau with the opportunity to comment 
        formally during the development of such mechanisms.
  (b) The Government of Palau shall develop standards and 
procedures to protect the environment of Palau. As a reciprocal 
obligation to the undertakings of the Government of the United 
States under this Article, the Government of Palau, taking into 
account the particular environment of Palau, shall develop 
standards for environmental protection substantively similar to 
those required of the Government of the United States by 
Section 163(a)(1) prior to conducting activities in Palau 
substantively equivalent to activities conducted there by the 
Government of the United States and, as a further reciprocal 
obligation, shall enforce those standards.
  (c) Section 163(a), including any standard or procedure 
applicable thereunder, and Section 163(b) may be modified or 
superseded in whole or in part by agreement of the Government 
of the United States and the Government of Palau.
  (d) Disputes arising under this Article, except for Section 
163(e), shall be resolved exclusively in accordance with 
Article II of Title Four.
  (e) The President of the United States may exempt any of the 
activities of the Government of the United States under this 
Compact and its related agreements from any environmental 
standard or procedure which may be applicable under this 
Article if the President determines it to be in the paramount 
interest of the Government of the United States to do so, 
consistent with Title Three of this Compact and the obligations 
of the Government of the United States under international law. 
Prior to any decision pursuant to this subsection, the views of 
the Government of Palau shall be sought and considered to the 
extent practicable. If the President grants such an exemption, 
to the extent practicable, a report with his reasons for 
granting such exemption shall be given promptly to the 
Government of Palau.

                              Article VII

                        General Legal Provisions

Section 171

  Except as provided in this Compact or its related agreements, 
the application of the laws of the United States to the Trust 
Territory of the Pacific Islands by virtue of the Trusteeship 
Agreement ceases with respect to Palau as of the effective date 
of this Compact.

Section 172

  (a) Every citizen of Palau who is not a resident of the 
United States shall enjoy the rights and remedies under the 
laws of the United States enjoyed by any nonresident alien.
  (b) The Government and every citizen of Palau shall be 
considered a ``person'' within the meaning of the Freedom of 
Information Act, 5 U.S.C. 552, and of the judicial review 
provisions of the Administrative Procedure Act, 5 U.S.C. 701-
706.

Section 173

  The Government of the United States and the Government of 
Palau, agree to adopt and enforce such measures, consistent 
with this Compact and its related agreements, as may be 
necessary to protect the personnel, property, installations, 
services, programs and official archives and documents 
maintained by the Government of the United States in Palau 
pursuant to this Compact and its related agreements and by that 
Government in the United States pursuant to this Compact and 
its related agreements.

Section 174

  Except as otherwise provided in this Compact and its related 
agreements:
  (a) The Government of Palau shall be immune from the 
jurisdiction of the courts of the United States, and the 
Government of the United States shall be immune from the 
jurisdiction of the courts of Palau.
  (b) The Government of the United States accepts 
responsibility for and shall pay:
          (1) any unpaid money judgment rendered by the High 
        Court of the Trust Territory of the Pacific Islands 
        against the Government of the Trust Territory of the 
        Pacific Islands or the Government of the United States 
        with regard to any cause of action arising as a result 
        of acts or omissions of the Government of the Trust 
        Territory of the Pacific Islands or the Government of 
        the United States prior to the effective date of this 
        Compact;
          (2) any claim settled by the claimant and the 
        Government of the Trust Territory of the Pacific 
        Islands but not paid as of the effective date of this 
        Compact; and
          (3) settlement of any administrative claim or of any 
        action before a court of the Trust Territory of the 
        Pacific Islands, pending as of the effective date of 
        this Compact, against the Government of the Trust 
        Territory of the Pacific Islands or the Government of 
        the United States, arising as a result of acts or 
        omissions of the Government of the Trust Territory of 
        the Pacific Islands or the Government of the United 
        States.
  (c) Any claim not referred to in Section 174(b) and arising 
from an act or omission of the Government of the Trust 
Territory of the Pacific Islands or the Government of the 
United States prior to the effective date of this Compact shall 
be adjudicated in the same manner as a claim adjudicated 
according to Section 174(d). In any claim against the 
Government of the Trust Territory of the Pacific Islands, the 
Government of the United States shall stand in the place of the 
Government of the Trust Territory of the Pacific Islands. A 
judgment on any claim referred to in Section 174(b) or this 
subsection, not otherwise satisfied by the Government of the 
United States, may be presented for certification to the United 
States Court of Appeals for the Federal Circuit, or its 
successor court, which shall have jurisdiction therefor, 
notwithstanding the provisions of 28 U.S.C. 1502, and which 
court's decisions shall be reviewable as provided by the laws 
of the United States. The United States Court of Appeals for 
the Federal Circuit shall certify such judgment, and order 
payment thereof, unless it finds, after a hearing, that such 
judgment is manifestly erroneous as to law or fact, or 
manifestly excessive. In either of such cases the United States 
Court of Appeals for the Federal Circuit shall have 
jurisdiction to modify such judgment.
  (d) The Government of Palau, shall not be immune from the 
jurisdiction of the courts of the United States, and the 
Government of the United States shall not be immune from the 
jurisdiction of the courts of Palau in any case in which the 
action is based on a commercial activity of the defendant 
Government carried out where the action is brought, or in a 
case in which damages are sought for personal injury or death 
or damage to or loss of property occurring where the action is 
brought. This subsection shall apply only to actions based on 
commercial activities entered into or injuries or losses 
suffered on or after the effective date of this Compact.

Section 175

  A separate agreement, which shall come into effect 
simultaneously with this Compact, shall be concluded between 
the Government of the United States and the Government of Palau 
regarding mutual assistance and cooperation in law enforcement 
matters including the pursuit, capture, imprisonment and 
extradition of fugitives from justice and the transfer of 
prisoners. The separate agreement shall have the force of law. 
In the United States, the laws of the United States governing 
international extradition, including 18 U.S.C. 3184, 3186 and 
3188-3195, shall be applicable to the extradition of fugitives 
under the separate agreement, and the laws of the United States 
governing the transfer of prisoners, including 18 U.S.C. 4100-
4115, shall be applicable to the transfer of prisoners under 
the separate agreement.

Section 176

  The Government of Palau confirms that final judgments in 
civil cases rendered by any court of the Trust Territory of the 
Pacific Islands shall continue in full force and effect, 
subject to the constitutional power of the courts of Palau to 
grant relief from judgments in appropriate cases.

Section 177

  (a) Federal agencies of the Government of the United States 
which provide services and related programs in Palau are 
authorized to settle and pay tort claims arising in Palau from 
the activities of such agencies or from the acts or omissions 
of the employees of such agencies. Except as provided in 
Section 177(b), the provisions of 28 U.S.C. 2672 and 31 U.S.C. 
1304 shall apply exclusively to such administrative settlements 
and payments.
  (b) Claims under Section 177(a) which cannot be settled under 
Section 177(a) shall be disposed of exclusively in accordance 
with Article II of Title Four. Arbitration awards rendered 
pursuant to this subsection shall be paid out of funds under 31 
U.S.C. 1304.
  (c) The Government of the United States and the Government of 
Palau shall provide for:
          (1) the administrative settlement of claims referred 
        to in Section 177(a), including designation of local 
        agents in Palau, such agents to be empowered to accept, 
        investigate and settle such claims, in a timely manner, 
        as provided in such related agreements; and
          (2) arbitration, referred to in Section 177(b), in a 
        timely manner, at a site convenient to the claimant, in 
        the event a claim is not otherwise settled pursuant to 
        Section 177(a).
  (d) The provisions of Section 174(d) shall not apply to 
claims covered by this Section.

                               TITLE TWO

                           ECONOMIC RELATIONS

                               Article I

                            Grant Assistance

Section 211

  In order to assist the Government of Palau in its efforts to 
advance the well-being of the people of Palau and in 
recognition of the special relationship that exists between the 
United States and Palau, the Government of the United States 
shall provide to the Government of Palau on a grant basis the 
following amounts:
  (a) $12 million annually for ten years commencing on the 
effective date of this Compact, and $11 million annually for 
five years commencing on the tenth anniversary of the effective 
date of this Compact, for current account operations and 
maintenance purposes, which amounts commencing on the fourth 
anniversary of the effective date of this Compact shall include 
a minimum annual distribution of $5 million from the fund 
specified in Section 211(f).
  (b) $2 million annually for fourteen years commencing on the 
first anniversary of the effective date of this Compact as a 
contribution to efforts aimed at achieving increased self-
sufficiency in energy production, of which annual amounts not 
less than $500,000 shall be devoted to the energy needs of 
those parts of Palau not served by its central power-generating 
facility.
  (c) $150,000 annually for fifteen years commencing on the 
effective date of this Compact as a contribution to current 
account operations and maintenance of communications systems, 
and the sum of $1.5 million, to be made available concurrently 
with the grant assistance provided during the first year after 
the effective date of this Compact, for the purpose of 
acquiring such communications hardware as may be located within 
Palau or for such other current or capital account activity as 
the Government of Palau may select.
  (d) $631,000 annually on a current account basis for fifteen 
years commencing on the effective date of this Compact for the 
purposes set forth below:
          (1) for the surveillance and enforcement by 
        Government of Palau of its maritime zone;
          (2) for health and medical programs, including 
        referrals to hospital and treatment centers; and
          (3) for a scholarship fund to support the post-
        secondary education of citizens of Palau attending 
        United States accredited, post-secondary institutions 
        in Palau, the United States, its territories and 
        possessions, and states in free association with the 
        United States. The curricular criteria for the award of 
        scholarships shall be designed to advance the purposes 
        of the plan referred to in Section 231.
  (e) The sum of $666,800 as a contribution to the commencement 
of activities pursuant to Section 211(d)(1).
  (f) The sum of $66 million on the effective date of this 
Compact, and the sum of $4 million concurrently with the grant 
assistance to be made available during the third year after the 
effective date of this Compact, to create a fund to be invested 
by the Government of Palau in issues of bonds, notes or other 
redeemable instruments of the Government of the United States 
or other qualified instruments which may be identified by 
mutual agreement of the Government of the United States and the 
Government of Palau. Investment of the fund in qualified 
instruments of United States nationality, and the distribution 
of sums derived from such investment to the Government of 
Palau, shall not be subject to any form of taxation by the 
United States or its political subdivisions. The Government of 
the United States and the Government of Palau shall set forth 
in a separate agreement, which shall come into effect 
simultaneously with this Compact, provisions for the 
investment, management and review of the fund so as to allow 
for an agreed minimum annual distribution from its accrued 
principal and interest commencing upon the effective date of 
this Compact for fifty years. The objective of this sum is to 
produce an average annual distribution of $15 million 
commencing on the fifteenth anniversary of this Compact for 
thirty-five years. Any excess or variance from the agreed 
minimum annual distributions which may be produced from these 
sums shall accrue to or be absorbed by the Government of Palau 
unless otherwise mutually agreed in accordance with the 
provisions of the separate agreement referred to in this 
paragraph. The annual distributions produced from these sums 
are not subject to Sections 215 and 236.

Section 212

  In order to assist the Government of Palau in its efforts to 
advance the economic development and self-sufficiency of the 
people of Palau and in recognition of the special relationship 
that exists between the United States and Palau, the Government 
of the United States shall provide:
  (a) To the people of Palau, a road system in accordance with 
mutually agreed specifications, the construction of which shall 
be completed prior to the sixth anniversary of the effective 
date of this Compact; and
  (b) To the Government of Palau, the sum of $36 million, 
during the first year after the effective date of this Compact, 
for capital account purposes.

Section 213

  The Government of the United States shall provide on a grant 
basis to the Government of Palau the sum of $5.5 million in 
conjunction with Article II of Title Three. This sum shall be 
made available concurrently with the grant assistance provided 
pursuant to this Article during the first year after the 
effective date of this Compact. The Government of Palau, in its 
use of such funds, shall take into account the impact of the 
activities of the Government of the United States in Palau.

Section 214

  All funds previously appropriated to the Trust Territory of 
the Pacific Islands for the Government of Palau which are 
unobligated by the Government of the Trust Territory as of the 
effective date of this Compact shall accrue to the Government 
of Palau for the purposes for which such funds were originally 
appropriated as determined by the Government of the United 
States.

Section 215

  Except as otherwise provided, the amounts stated in Sections 
211(a), 211(b), 211(c) and 212(b) shall be adjusted for each 
fiscal year by the percent which equals two-thirds of the 
percentage change in the United States Gross National Product 
Implicit Price Deflator, or seven percent, whichever is less in 
any one year, using the beginning of Fiscal Year 1981 as the 
base.

                               Article II

                           Program Assistance

Section 221

  (a) The Government of the United States shall make available 
to Palau, in accordance with and to the extent provided in the 
separate agreement referred to in Section 232, without 
compensation and at the levels equivalent to those available to 
the Trust Territory of the Pacific Islands during the year 
prior to the effective date of this Compact, the services and 
related programs:
          (1) of the United States Weather Service;
          (2) provided pursuant to the Postal Reorganization 
        Act, 39 U.S.C. 101 et seq.;
          (3) of the United States Federal Aviation 
        Administration; and
          (4) of the United States Civil Aeronautics Board or 
        its successor agencies which has the authority to 
        implement the provisions of paragraph 5 of Article IX 
        of such separate agreements, the language of which is 
        incorporated into this Compact.
  (b) The Government of the United States, recognizing the 
special needs of the Palau particularly in the fields of 
education and health care, shall make available, as provided by 
the laws of the United States,
          (1) the annual amount of $2 million which shall be 
        allocated in accordance with the provisions of the 
        separate agreement referred to in Section 232; and
          (2) the sums of $4.3 million, $2.9 million and $1.5 
        million, respectively, during the first, second and 
        third years after the effective date of this Compact, 
        which sums shall be used by the Government of Palau as 
        current account funds to finance programs similar to 
        those programs of the United States that applied to 
        Palau prior to the effective date of this Compact and 
        that provided financial assistance for education to any 
        institution, agency, organization or permanent resident 
        of Palau or to the College of Micronesia.
  (c) The Government of the United States shall make available 
to Palau such alternate energy development projects, studies 
and conservation measures as are applicable to the Trust 
Territory of the Pacific Islands on the day preceding the 
effective date of this Compact, for the purposes and duration 
provided in the laws of the United States.
  (d) The Government of the United States shall have and 
exercise such authority as is necessary for the purposes of 
this Article and as is set forth in the related agreements 
referred to in Section 232, which shall also set forth the 
extent to which services and programs shall be provided to 
Palau.

Section 222

  The Government of Palau may request, from time to time, 
technical assistance from the Federal agencies and institutions 
of the Government of the United States, which are authorized to 
grant such technical assistance in accordance with its law and 
which shall grant such technical assistance in a manner which 
gives priority consideration to Palau over other recipients not 
a part of the United States, its territories or possessions and 
equivalent consideration to Palau with respect to other states 
in Free Association with the United States.

Section 223

  The citizens of Palau who are receiving post-secondary 
education assistance from the Government of the United States 
on the day preceding the effective date of this Compact shall 
continue to be eligible, if otherwise qualified, to receive 
such assistance to complete their academic programs for a 
maximum of four years after the effective date of this Compact.

Section 224

  The Government of the United States and the Government of 
Palau may agree from time to time to the extension to Palau of 
additional United States grant assistance and of United States 
services and programs as provided by the laws of the United 
States.

                              Article III

                       Administrative Provisions

Section 231

  (a) The annual expenditure by the Government of Palau of the 
grant amounts specified in Article I of this Title shall be in 
accordance with an official national development plan 
promulgated by the Government of Palau and concurred in by the 
Government of the United States prior to the effective date of 
this Compact. This plan may be amended from time to time by the 
Government of Palau.
  (b) The Government of the United States and the Government of 
Palau recognize that the achievement of the goals of the plan 
referred to in this Section depends upon the availability of 
adequate internal revenue as well as economic assistance from 
sources outside of Palau, including the Government of the 
United States, and may, in addition, be affected by the impact 
of exceptional, economically adverse circumstances. The 
Government of Palau shall therefore report annually to the 
President of the United States and to the Congress of the 
United States on the implementation of this plan and on its use 
of the funds specified in this Article. This report shall 
outline the achievements of the plan to date and the need, if 
any, for an additional authorization and appropriation of 
economic assistance for that year to account for any 
exceptional, economically adverse circumstances. The 
availability of such additional economic assistance from the 
Government of the United States shall be subject to the 
authorization and appropriation of funds by the Government of 
the United States.

Section 232

  The specific nature, extent and contractual arrangements of 
the services and programs provided for in Section 221 as well 
as the legal status of agencies of the Government of the United 
States, their civilian employees and contractors, and the 
dependents of such personnel while present in Palau, and other 
arrangements in connection with a service or program furnished 
by the Government of the United States, are set forth in 
related agreements which shall come into effect simultaneously 
with this Compact.

Section 233

  The Government of the United States, in consultation with the 
Government of Palau, shall determine and implement procedures 
for the periodic audit of all grants and other assistance made 
under this Title. Such audits shall be conducted at no cost to 
the Government of Palau.

Section 234

  Title to the property of the Government of the United States 
situated in the Trust Territory of the Pacific Islands and in 
Palau or acquired for or used by the Government of the Trust 
Territory of the Pacific Islands on or before the day preceding 
the effective date of this Compact shall, without reimbursement 
or transfer of funds, vest in the Government of Palau as set 
forth in a separate agreement which shall come into effect 
simultaneously with this Compact. The provisions of this 
Section shall not apply to the personal property of the 
Government of the United States for which the Government of the 
United States determines a continuing requirement.

Section 235

  (a) Funds held in trust by the High Commissioner of the Trust 
Territory of the Pacific Islands, in his official capacity, as 
of the effective date of this Compact shall remain available as 
trust funds to their designated beneficiaries. The Government 
of the United States, in consultation with the Government of 
Palau, shall appoint a new trustee who shall exercise the 
functions formerly exercised by the High Commissioner of the 
Trust Territory of the Pacific Islands.
  (b) To provide for the continuity of administration, and to 
assure the Governments of Palau that the purposes of the laws 
of the United States are carried out and that the funds of any 
other trust fund in which the High Commissioner of the Trust 
Territory of the Pacific Islands has authority of a statutory 
or customary nature shall remain available as trust funds to 
their designated beneficiaries, the Government of the United 
States agrees to assume the authority formerly vested in the 
High Commissioner of the Trust Territory of the Pacific 
Islands.

Section 236

  Except as otherwise provided, approval of this Compact by the 
Government of the United States shall constitute a pledge of 
the full faith and credit of the United States for the full 
payment of the sums and amounts specified in Article I of this 
Title. The obligation of the Government of the United States 
under Article I of this Title shall be enforceable in the 
United States Court of Federal Claims,\7\ or its successor 
court, which shall have jurisdiction in cases arising under 
this Section, notwithstanding the provisions of 28 U.S.C. 1502, 
and which court's decisions shall be reviewable as provided by 
the laws of the United States.
---------------------------------------------------------------------------
    \7\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided 
that reference to the ``United States Claims Court'' in any Federal law 
or document shall be deemed to refer to the ``United States Court of 
Federal Claims''.
---------------------------------------------------------------------------

                               Article IV

                                 Trade

Section 241

  Palau is not included in the customs territory of the United 
States.

Section 242

  The President of the United States shall proclaim the 
following tariff treatment for articles imported from Palau 
which shall apply during the period of effectiveness of this 
Title:
  (a) Unless otherwise excluded, articles imported from Palau, 
subject to the limitations imposed under sections 503(b) and 
504(c) of title 5 of the Trade Act of 1974 (19 U.S.C. 2463(b): 
2464(c)), shall be exempt from duty.
  (b) Only canned tuna provided for in item 112.30 of the 
Tariff Schedules of the United States that is imported from the 
Federated States of Micronesia, the Marshall Islands and Palau 
during any calendar year not to exceed 10 percent of the United 
States consumption of canned tuna during the immediately 
preceding calendar year, as reported by the National Marine 
Fisheries Service, shall be exempt from duty; but the quantity 
of tuna given duty free treatment under this paragraph for any 
calendar year shall be counted against the aggregate quantity 
of canned tuna that is dutiable under rate column numbered 1 of 
such item 112.30 for that calendar year.
  (c) The duty-free treatment provided under paragraph (1) 
shall not apply to:
          (1) watches, clocks and timing apparatus provided for 
        in sub-part E of part 2 of schedule 7 of the Tariff 
        Schedules of the United States;
          (2) buttons (whether finished or not finished) 
        provided for in item 745.32 of such Schedules;
          (3) textile and apparel articles which are subject to 
        textile agreements; and
          (4) footwear, handbags, luggage, flat goods, work 
        gloves, and leather wearing apparel which were not 
        eligible articles for purposes of title V of the Trade 
        Act of 1974 (19 U.S.C. 2461 et seq.) on April 1, 1984.
  (d) If the cost or value of materials produced in the customs 
territory of the United States is included with respect to an 
eligible article which is a product of Palau, an amount not to 
exceed 15 percent of the appraised value of the article at the 
time it is entered that is attributable to such United States 
cost or value may be applied for duty assessment purposes 
toward determining the percentage referred to in section 
503(b)(2) of title V of the Trade Act of 1974.

Section 243

  Articles imported from Palau which are not exempt from any 
duty under paragraphs (a), (b), (c) and (d) of Section 242 
shall be subject to the rates of duty set forth in column 
numbered 1 of the Tariff Schedules of the United States and all 
products of the United States imported into Palau shall receive 
treatment no less favorable than that accorded like products of 
any foreign country with respect to customs duties or charges 
of a similar nature and with respect to laws and regulations 
relating to importation, exportation, taxation, sale, 
distribution, storage, or use.

                               Article V

                          Finance and Taxation

Section 251

  The currency of the United States is the official circulating 
legal tender of Palau. Should the Government of Palau act to 
institute another currency, the terms of an appropriate 
currency transitional period shall be as agreed with the 
Government of the United States.

Section 252

  The Government of Palau may, with respect to United States 
persons, tax income derived from sources within its respective 
jurisdiction, property situated therein, including transfers of 
such property by gift or at death, and products consumed 
therein, in such manner as such Government deems appropriate. 
The determination of the source of any income, or the situs of 
any property, shall, for purposes of this Compact, be made 
according to the United States Internal Revenue Code.

Section 253

  A citizen of Palau, domiciled therein and who is a 
nonresident and not a citizen of the United States, shall be 
exempt from estate, gift, and generation-skipping transfer 
taxes imposed by the Government of the United States.

Section 254

  (a) In determining any income tax imposed by the Government 
of Palau, the Government of Palau shall have authority to 
impose tax upon income derived by a resident of Palau from 
sources without Palau in the same manner and to the same extent 
as the Government of Palau imposes tax upon income derived from 
within its jurisdiction. If the Government of Palau exercises 
such authority as provided in this subsection, any individual 
resident of Palau who is subject to tax by the Government of 
the United States on income which is also taxed by the 
Government of Palau shall be relieved of liability to the 
Government of the United States for the tax which, but for this 
subsection, would otherwise be imposed by the Government of the 
United States on such income. For purposes of this Section, the 
term ``resident of Palau'' shall be deemed to include any 
person who was physically present in Palau for a period of 183 
or more days during any taxable year. The relief from liability 
referred to in this subsection means only:
          (1) relief in the form of the foreign tax credit (or 
        deduction in lieu thereof) available with respect to 
        the income taxes of a possession of the United States, 
        and
          (2) relief in the form of the exclusion under section 
        911 of the United States Internal Revenue Code of 
        1986.\8\
---------------------------------------------------------------------------
    \8\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
  (b) If the Government of Palau subjects income to taxation 
substantially similar to that imposed by the Trust Territory 
Code in effect on January 1, 1980, such Government shall be 
deemed to have exercised the authority described in Section 
254(a).

Section 255

  (a) For purposes of section 936 of the Internal Revenue Code 
of 1986 \8\ Palau shall be treated as if it was a possession of 
the United States.
  (b) Subsection (a) of this Section shall not apply to Palau 
for any period after December 31, 1986, during which there is 
not in effect between Palau and the United States an exchange 
of information agreement of the kind described in section 
274(h)(6)(C) (other than clause (ii) thereof) of the Internal 
Revenue Code of 1986.\8\
  (c) If the tax incentives extended to Palau under subsection 
(a) of this Section are, at any time during which the Compact 
is in effect, reduced, the United States Secretary of the 
Treasury shall negotiate an agreement with the Government of 
Palau under which, when such agreement is approved by law, 
Palau will be provided with benefits substantially equivalent 
to such reduction in benefits. If within the 1-year period 
after the date of the enactment of the Act making the reduction 
in benefits, an agreement negotiated under the preceding 
sentence is not approved by law, the matter shall be submitted 
to the Arbitration Board established pursuant to Section 424. 
For purposes of Article V of this Title, the Secretary of the 
Treasury or his delegate shall be the member of such Board 
representing the Government of the United States. Any decision 
of such Board in the matter when approved by law shall be 
binding on the United States, except that such decision 
rendered is binding only as to whether the United States has 
provided the substantially equivalent benefits referred to in 
this subsection.
  (d) For purposes of section 274(h)(3)(A) of the Internal 
Revenue Code of 1986,\8\ the term ``North American area'' shall 
include Palau.

Section 256

  This Article shall apply to income earned, and transactions 
occurring, after September 30, 1985, in taxable years ending 
after such date.

                              TITLE THREE

                     SECURITY AND DEFENSE RELATIONS

                               Article I

                      Authority and Responsibility

Section 311

  The territorial jurisdiction of the Republic of Palau shall 
be completely foreclosed to the military forces and personnel 
or for the military purposes of any nation except the United 
States of America, and as provided for in Section 312.

Section 312

  The Government of the United States has full authority and 
responsibility for security and defense matters in or relating 
to Palau. Subject to the terms of any agreements negotiated 
pursuant to Article II of this Title, the Government of the 
United States may conduct within the lands, water and airspace 
of Palau the activities and operations necessary for the 
exercise of its authority and responsibility under this Title. 
The Government of the United States may invite the armed forces 
of other nations to use military areas and facilities in Palau 
in conjunction with and under the control of United States 
Armed Forces.

Section 313

  The Government of Palau shall refrain from actions which the 
Government of the United States determines, after consultation 
with that Government, to be incompatible with its authority and 
responsibility for security and defense matters in or relating 
to Palau.

                               Article II

                   Defense Sites and Operating Rights

Section 321

  The Government of the United States may establish and use 
defense sites in Palau, and may designate for this purpose land 
and water areas and improvements in accordance with the 
provisions of a separate agreement which shall come into force 
simultaneously with this Compact.

Section 322

  (a) When the Government of the United States desires to 
establish or use such a defense site specifically identified in 
the separate agreement referred to in Section 321, it shall so 
inform the Government of Palau which shall make the designated 
site available to the Government of the United States for the 
duration and level of use specified.
  (b) With respect to any site not specifically identified in 
the separate agreement referred to in Section 321, the 
Government of the United States shall inform the Government of 
Palau, which shall make the designated site available to the 
Government of the United States for the duration and level of 
use specified, or shall make available one alternative site 
acceptable to the Government of the United States. If such 
alternative site is unacceptable to the Government of the 
United States, the site first designated shall be made 
available after such determination.
  (c) Compensation in full for designation, establishment or 
use of defense sites is provided in Title Two of this Compact.

Section 323

  The military operating rights of the Government of the United 
States and the legal status and contractual arrangements of the 
United States Armed Forces, their members, and associated 
civilians, while present in Palau, are set forth in related 
agreements which shall come into effect simultaneously with 
this Compact.

Section 324

  In the exercise in Palau of its authority and responsibility 
under this Title, the Government of the United States shall not 
use, test, store or dispose of nuclear, toxic chemical, gas or 
biological weapons intended for use in warfare and the 
Government of Palau assures the Government of the United States 
that in carrying out its security and defense responsibilities 
under this Title, the Government of the United States has the 
right to operate nuclear capable or nuclear propelled vessels 
and aircraft within the jurisdiction of Palau without either 
confirming or denying the presence or absence of such weapons 
within the jurisdiction of Palau.

                              Article III

         Defense Treaties and International Security Agreements

Section 331

  Subject to the terms of this Compact and its related 
agreements, the Government of the United States, exclusively, 
shall assume and enjoy, as to Palau, all obligations, 
responsibilities, rights and benefits of:
  (a) Any defense treaty or other international security 
agreement applied by the Government of the United States as 
administering authority of the Trust Territory of the Pacific 
Islands as of the day preceding the effective date of this 
Compact; and
  (b) Any defense treaty or other international security 
agreement to which the Government of the United States is or 
may become a party which it determines to be applicable in 
Palau. Such a determination by the Government of the United 
States shall be preceded by appropriate consultation with the 
Government of Palau.

                               Article IV

            Service in the Armed Forces of the United States

Section 341

  Any citizen of Palau entitled to the privileges of Section 
141 of this Compact shall be eligible to volunteer for service 
in the Armed Forces of the United States, but shall not be 
subject to involuntary induction into military service of the 
United States so long as such person does not establish 
habitual residence in the United States, its territories or 
possessions.

Section 342

  The Government of the United States shall have enrolled, at 
any one time, at least one qualified student from Palau as may 
be nominated by the Government of Palau, in each of:
  (a) The United States Coast Guard Academy pursuant to 14 
U.S.C. 195; and
  (b) The United States Merchant Marine Academy pursuant to 46 
U.S.C. 1295b(b)(6), provided that the provisions of 46 U.S.C. 
1295b(b)(6)(C) shall not apply to the enrollment of students 
pursuant to Section 342(b) of this Compact.

                               Article V

                           General Provisions

Section 351

  (a) The Government of the United States and the Government of 
Palau shall establish a joint committee empowered to consider 
disputes which may arise under the implementation of this Title 
and its related agreements.
  (b) The membership of the joint committee shall comprise 
selected senior officials of each of the participating 
Governments. The senior United States military commander in the 
Pacific area shall be the senior United States member of the 
joint committee. For the meetings of the joint committee, each 
of the Governments may designate additional or alternate 
representatives as appropriate for the subject matter under 
consideration.
  (c) Unless otherwise mutually agreed, the joint committee 
shall meet semi-annually at a time and place to be designated, 
after appropriate consultation, by the Government of the United 
States. The joint committee also shall meet promptly upon 
request of either of its members. Upon notification by the 
Government of the United States, the joint committee shall meet 
promptly in combined session with other such joint committees 
so notified. The joint committee shall follow such procedures, 
including the establishment of functional subcommittees, as the 
members may from time to time agree.
  (d) Unresolved issues in the joint committee shall be 
referred to the Government of the United States and the 
Government of Palau for resolution, and the Government of Palau 
shall be afforded, on an expeditious basis, an opportunity to 
raise its concerns with the United States Secretary of Defense 
personally regarding any unresolved issue which threatens its 
continued association with the Government of the United States.

Section 352

  In the exercise of its authority and responsibility under 
this Compact, the Government of the United States shall accord 
due respect to the authority and responsibility of the 
Government of Palau under this Compact and to the 
responsibility of the Government of Palau to assure the well-
being of Palau and its people. The Government of the United 
States and the Government of Palau agree that the authority and 
responsibility of the United States set forth in this Title are 
exercised for the mutual security and benefit of Palau and the 
United States, and that any attack on Palau would constitute a 
threat to the peace and security of the entire region and a 
danger to the United States. In the event of such an attack, or 
threat thereof, the Government of the United States would take 
action to meet the danger to the United States and Palau in 
accordance with its constitutional processes.

Section 353

  (a) The Government of the United States shall not include the 
Government of Palau as a named party to a formal declaration of 
war, without the consent of the Government of Palau.
  (b) Absent such consent, this Compact is without prejudice, 
on the ground of belligerence or the existence of a state of 
war, to any claims for damages which are advanced by the 
citizens, nationals or Government of Palau which arise out of 
armed conflict subsequent to the effective date of this Compact 
and which are:
          (1) petitions to the Government of the United States 
        for redress; or
          (2) claims in any manner against the government, 
        citizens, nationals or entities of any third country.
  (c) Petitions under Section 353(b)(1) shall be treated as if 
they were made by citizens of the United States.

                               TITLE FOUR

                           GENERAL PROVISIONS

                               Article I

                      Approval and Effective Date

Section 411

  This Compact shall come into effect upon mutual agreement 
between the Government of the United States, acting in 
fulfillment of its responsibilities as Administering Authority 
of the Trust Territory of the Pacific Islands, and the 
Government of Palau, subsequent to completion of the following:
  (a) Approval by the Government of Palau in accordance with 
its constitutional processes;
  (b) Approval by the people of Palau in a referendum called on 
this Compact; and
  (c) Approval by the Government of the United States in 
accordance with its constitutional processes.

                               Article II

                   Conference and Dispute Resolution

Section 421

  The Government of the United States and the Government of 
Palau shall confer promptly at the request of the other on 
matters relating to the provisions of this Compact or of its 
related agreements.

Section 422

  In the event the Government of the United States or the 
Government of Palau, after conferring pursuant to Section 421, 
determines that there is a dispute and gives written notice 
thereof, the Governments shall make a good faith effort to 
resolve the dispute among themselves.

Section 423

  If a dispute between the Government of the United States and 
the Government of Palau cannot be resolved within 90 days of 
written notification in the manner provided in Section 422, 
either party to the dispute may refer it to arbitration in 
accordance with Section 424.

Section 424

  Should a dispute be referred to arbitration as provided for 
in Section 423, an arbitration board shall be established for 
the purpose of hearing the dispute and rendering a decision 
which shall be binding upon the two parties to the dispute 
unless the two parties mutually agree that the decision shall 
be advisory. Arbitration shall occur according to the following 
terms:
  (a) An arbitration board shall consist of a chairman and two 
other members, each of whom shall be a citizen of a party to 
the dispute and each of the two parties to the dispute shall 
appoint one member to the arbitration board. If either party to 
the dispute does not fulfill the appointment requirements of 
this Section within 30 days of referral of the dispute to 
arbitration pursuant to Section 423, its member on the 
arbitration board shall be selected from its own standing list 
by the other party to the dispute. Each government shall 
maintain a standing list of 10 candidates. The parties to the 
dispute shall jointly appoint a chairman within 15 days after 
selection of the other members of the arbitration board. 
Failing agreement on a chairman, the chairman shall be chosen 
by lot from the standing lists of the parties to the dispute 
within 5 days after such failure.
  (b) The arbitration board shall have jurisdiction to hear and 
render its final determination on all disputes arising 
exclusively under Articles I, II, III, IV, and VI of Title One, 
Title Two, Title Four and their related agreements.
  (c) Each member of the arbitration board shall have one vote. 
Each decision of the arbitration board shall be reached by 
majority vote.
  (d) In determining any legal issue, the arbitration board may 
have reference to international law and, in such reference, 
shall apply as guidelines the provisions set forth in Article 
38 of the Statute of the International Court of Justice.
  (e) The arbitration board shall adopt such rules for its 
proceedings as it may deem appropriate and necessary, but such 
rules shall not contravene the provisions of this Compact. 
Unless the parties provide otherwise by mutual agreement, the 
arbitration board shall endeavor to render its decision within 
30 days after the conclusion of arguments. The arbitration 
board shall make findings of fact and conclusions of law and 
its members may issue dissenting or individual opinions. Except 
as may be otherwise decided by the arbitration board, one-half 
of all costs of the arbitration shall be borne by the 
Government of the United States and the remainder shall be 
borne by the Government of Palau.

                              Article III

                          Amendment and Review

Section 431

  The provisions of this Compact may be amended at any time by 
mutual agreement of the Government of the United States and the 
Government of Palau in accordance with their respective 
constitutional processes.

Section 432

  Upon the fifteenth and thirtieth and fortieth anniversaries 
of the effective date of this Compact, the Government of the 
United States and the Government of Palau shall formally review 
the terms of this Compact and its related agreements and shall 
consider the overall nature and development of their 
relationship. In these formal reviews, the governments shall 
consider the operating requirements of the Government of Palau 
and its progress in meeting the development objectives set 
forth in the plan referred to in Section 231(a). The 
governments commit themselves to take specific measures in 
relation to the findings of conclusions resulting from the 
review. Any alteration to the terms of this Compact or its 
related agreements shall be made by mutual agreement and the 
terms of this Compact and its related agreements shall remain 
in force until otherwise amended or terminated pursuant to 
Title Four of this Compact.

                               Article IV

                              Termination

Section 441

  This Compact may be terminated by mutual agreement and 
subject to Section 451.

Section 442

  This Compact may be terminated by the Government of the 
United States subject to Section 452, such termination to be 
effective on the date specified in the notice of termination by 
the Government of the United States but not earlier than six 
months following delivery of such notice. The time specified in 
the notice of termination may be extended.

Section 443

  This Compact shall be terminated, pursuant to its 
constitutional processes, by the Government of Palau subject to 
Section 452 if the people of Palau vote in a plebiscite to 
terminate. The Government of Palau shall notify the Government 
of the United States of its intention to call such a plebiscite 
which shall take place not earlier than three months after 
delivery of such notice. The plebiscite shall be administered 
by such government in accordance with its constitutional and 
legislative processes, but the Government of the United States 
may send its own observers and invite observers from a mutually 
agreed party. If a majority of the valid ballots cast in the 
plebiscite favors termination, such government shall, upon 
certification of the results of the plebiscite, give notice of 
termination to the Government of the United States, such 
termination to be effective on the date specified in such 
notice but not earlier than three months following the date of 
delivery of such notice. The time specified in the notice of 
termination may be extended.

                               Article V

                             Survivability

Section 451

  Should termination occur pursuant to Section 441, economic 
assistance by the Government of the United States shall 
continue on mutually agreed terms.

Section 452

  Should termination occur pursuant to Section 442 or 443, the 
following provisions of this Compact shall remain in full force 
and effect until the fiftieth anniversary of the effective date 
of this Compact and thereafter as mutually agreed:
  (a) Article I and Section 233 of Title Two;
  (b) Title Three; and
  (c) Articles II, III, V and VI of Title Four.

Section 453

  Notwithstanding any other provision of this Compact:
  (a) The provisions of Section 311, even if Title Three should 
terminate, are binding and shall remain in effect for a period 
of 50 years and thereafter until terminated or otherwise 
amended by mutual consent;
  (b) The related agreements referred to in Article II of Title 
Three shall remain in effect in accordance with their terms; 
and
  (c) The Government of the United States reaffirms its 
continuing interest in promoting the long-term economic 
advancement and self-sufficiency of the people of Palau.

Section 454

  Any provision of this Compact which remains in effect by 
operation of Section 452 shall be construed and implemented in 
the same manner as prior to any termination of this Compact 
pursuant to Section 442 or 443.

                               Article VI

                          Definition of Terms

Section 461

  For the purpose of this Compact the following terms shall 
have the following meanings:
  (a) ``Trust Territory of the Pacific Islands'' means the area 
established in the Trusteeship Agreement consisting of the 
administrative districts of Kosrae, Yap, Palau, Ponape, the 
Marshall Islands and Truk as described in Title One, Trust 
Territory Code, Section 1, in force on January 1, 1979. This 
term does not include the area of the Northern Mariana Islands.
  (b) ``Trusteeship Agreement'' means the agreement setting 
forth the terms of trusteeship for the Trust Territory of the 
Pacific Islands, approved by the Security Council of the United 
Nations April 2, 1947, and by the United States July 18, 1947, 
entered into force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 
8 U.N.T.S. 189.
  (c) ``Palau'' is used in a geographic sense and includes the 
land and water areas to the outer limits of the territorial sea 
and the air space above such areas as now or hereafter 
recognized by the Government of the United States consistent 
with the Compact and its related agreements.
  (d) ``Government of Palau'' means the Government established 
and organized by the Constitution of Palau including all the 
political subdivisions and entities comprising that Government.
  (e) ``Habitual Residence'' means a place of general abode or 
a principal, actual dwelling place of a continuing or lasting 
nature; provided, however, that this term shall not apply to 
the residence of any person who entered the United States for 
the purpose of full time studies as long as such person 
maintains that status, or who has been physically present in 
the United States or Palau for less than one year, or who is a 
dependent of a resident representative, as described in Section 
152.
  (f) For the purposes of Article IV of Title One of this 
Compact:
          (1) ``Actual Residence'' means physical presence in 
        Palau during eighty-five percent of the period of 
        residency required by Section 141(a)(3); and
          (2) ``Certificate of Actual Residence'' means a 
        certificate issued to a naturalized citizen by the 
        Government which has naturalized him stating that the 
        citizen has complied with the actual residence 
        requirement of Section 141(a)(3).
  (g) ``Defense Sites'' means those land and water areas and 
improvements thereon in Palau reserved or acquired by the 
Government of Palau for use by the Government of the United 
States, as set forth in the related agreements referred to in 
Section 321.
  (h) ``Capital Account'' means, for each year of the Compact, 
those portions of the total grant assistance provided in 
Article I of Title Two, which are to be obligated for:
          (1) the construction or major repair of capital 
        infrastructure; or
          (2) public and private sector projects identified in 
        the official overall economic development plan.
  (i) ``Current Account'' means, for each year of the Compact, 
those portions of the total grant assistance provided in 
Article I of Title Two, which are to be obligated for recurring 
operational activities including infrastructure maintenance as 
identified in the annual budget justifications submitted yearly 
to the Government of the United States.
  (j) ``Official National Development Plan'' means the 
documented program of annual development which identifies the 
specific policy and project activities necessary to achieve a 
specified set of economic goals and objectives during the 
period of free association, consistent with the economic 
assistance authority in Title Two. Such a document should 
include an analysis of population trends, manpower 
requirements, social needs, gross national product estimates, 
resource utilization, infrastructure needs and expenditures, 
and the specific private sector projects required to develop 
the local economy of Palau. Project identification should 
include initial cost estimates, with project purposes related 
to specific development goals and objectives.
  (k) ``Tariff Schedules of the United States'' means the 
Tariff Schedules of the United States as amended from time to 
time and as promulgated pursuant to United States law and 
includes the Tariff Schedules of the United States Annotated 
(TSUSA), as amended.
  (l) ``Vienna Convention on Diplomatic Relations'' means the 
Vienna Convention on Diplomatic Relations, done April 18, 1961, 
23 U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95.

Section 462

  The Government of the United States and the Government of 
Palau shall conclude related agreements which shall come into 
effect and shall survive in accordance with their terms, and 
which shall be construed and implemented in a manner consistent 
with this Compact, as follows:
  (a) Agreement Regarding the Provision of Telecommunication 
Services by the Government of the United States to Palau 
Concluded Pursuant to Section 131 of the Compact of Free 
Association;
  (b) Agreement Regarding the Operation of Telecommunication 
Services of the Government of the United States in Palau, 
Concluded Pursuant to Section 132 of the Compact of Free 
Association;
  (c) Agreement on Extradition, Mutual Assistance in Law 
Enforcement Matters and Penal Sanctions Concluded Pursuant to 
Section 175 of the Compact of Free Association;
  (d) Agreement Regarding United States Economic Assistance to 
the Government of Palau Concluded Pursuant to Section 211(f) of 
the Compact of Free Association;
  (e) Agreement Regarding Construction Projects in Palau 
Concluded Pursuant to Section 212(a) of the Compact of Free 
Association;
  (f) Agreement Regarding Federal Programs and Services, and 
Concluded Pursuant to Article II of Title Two and Section 232 
of the Compact of Free Association;
  (g) Agreement Regarding Property Turnover, Concluded Pursuant 
to Section 234 of the Compact of Free Association;
  (h) Agreement Regarding the Military Use and Operating Rights 
of the Government of the United States in Palau Concluded 
Pursuant to Sections 321 and 322 of the Compact of Free 
Association; and
  (i) Status of Forces Agreement Concluded Pursuant to Section 
323 of the Compact of Free Association.
  (j) Agreement regarding the Jurisdiction and Sovereignty of 
the Republic of Palau over its Territory and the Living and 
Non-living Resources of the Sea.

                              Article VII

                         Concluding Provisions

Section 471

  (a) The Government of the United States and the Government of 
Palau agree that they have full authority under their 
respective constitutions to enter into this Compact and its 
related agreements and to fulfill all of their respective 
responsibilities in accordance with the terms of this Compact 
and its related agreements. The Governments pledge that they 
are so committed.
  (b) The Government of the United States and the Government of 
Palau shall take all necessary steps, of a general or 
particular character, to ensure, not later than the effective 
date of this Compact, that their laws, regulations and 
administrative procedures are such as to effect the commitments 
referred to in Section 471(a).
  (c) Without prejudice to the effects of this Compact under 
international law, this Compact has the force and effect of a 
statute under the laws of the United States.

Section 472

  This Compact may be accepted, by signature or otherwise, by 
the Government of the United States and the Government of 
Palau. Each government shall possess an original English 
language version.
  IN WITNESS THEREOF, the undersigned, duly authorized, have 
signed this Compact of Free Association which shall come into 
effect in accordance with its terms between the Government of 
the United States and the Government of Palau.

                  done at ____________, this ____ day

              of __, one thousand nine hundred eighty-five

                           for the government

                                   of

                      the united states of america

                            _______________

  

                  done at ____________, this ____ day

              of __, one thousand nine hundred eighty-five

                           for the government

                                   of

                         the republic of palau

                              ____________

                              jurisdiction

  Sec. 202.\8\ (a) Maritime and Territorial Jurisdiction.--With 
respect to section 321 of the Compact of Free Association and 
its related agreements, the jurisdictional provisions set forth 
in subsection (b) of this section shall apply only to the 
citizens and nationals of the United States and aliens lawfully 
admitted to the United States for permanent residence who are 
in Palau.
---------------------------------------------------------------------------
    \8\ 48 U.S.C. 1934 (formerly at 48 U.S.C. 1681 note).
---------------------------------------------------------------------------
  (b) Defense Sites.--The defense sites of the United States 
established in Palau in accordance with the Compact of Free 
Association and its related agreements are within the special 
maritime and territorial jurisdiction of the United States as 
set forth in section 7, title 18, United States Code.
  (c) Offenses.--(1) Any person referred to in subsection (a) 
of this section who within or upon such defense sites is guilty 
of any act or omission which, although not made punishable by 
any enactment of Congress, would be punishable if committed or 
omitted within the jurisdiction of the territory of Guam by the 
laws thereof, in force at the time of such act or omission, 
shall be guilty of a like offense and subject to a like 
punishment.
  (2) The District Court of Guam shall have jurisdiction to try 
all criminal offenses against the United States, including the 
laws of Guam made applicable to the defense sites in Palau by 
virtue of subsection (c)(1) of this section, committed by any 
person referred to in subsection (a) of this section.
  (3) The District Court of Guam may appoint one or more 
magistrate judges \9\ for the defense sites in Palau. Such 
Magistrate Judges \9\ shall have the power and the status of 
Magistrate Judges \9\ appointed pursuant to chapter 43, title 
28, United States Code: Provided however, That such Magistrate 
Judges \9\ shall have the power to try persons accused of, and 
sentence persons convicted of, petty offenses, as defined in 
section 1(3), title 18, United States Code, including 
violations of regulations for the maintenance of peace, order, 
and health issued by the Commanding Officer on such defense 
sites, without being subject to the restrictions provided for 
in section 3401(b), title 18, United States Code.
---------------------------------------------------------------------------
    \9\ Sec. 321 of Public Law 101-650 (104 Stat. 5117) struck out 
``magistrates'' and ``Magistrates'' each place they appeared in para. 
(3) and inserted in lieu thereof ``magistrate judges'' and Magistrate 
Judges'', respectively.
h. Covenant to Establish a Commonwealth of the Northern Mariana Islands 
          in Political Union With the United States of America

  Public Law 94-241 [H.J. Res. 549], 90 Stat. 263, approved March 24, 
1976; as amended by Public Law 98-213 [S. 589], 97 Stat. 1459, approved 
    December 8, 1983; Public Law 99-396 [H.R. 2478], 100 Stat. 837, 
    approved August 27, 1986; Public Law 104-134 [Department of the 
Interior and Related Agencies Appropriations Act, 1996; title I of sec. 
 101(c) of the Omnibus Consolidated Rescissions and Appropriations Act 
   of 1996; H.R. 3019], 110 Stat. 1321, approved April 26, 1996; and 
  Public Law 104-208 [Department of the Interior and Related Agencies 
  Appropriations Act, 1997; title I of sec. 101(d) of title I of the 
  Omnibus Consolidated Appropriations Act for Fiscal Year 1997; H.R. 
           3610], 110 Stat. 3009, approved September 30, 1996

Whereas the United States is the administering authority of the 
    Trust Territory of the Pacific Islands under the terms of 
    the trusteeship agreement for the former Japanese-mandated 
    islands entered into by the United States with the Security 
    Council of the United Nations on April 2, 1947, and 
    approved by the United States on July 18, 1947; and
Whereas the United States, in accordance with the trusteeship 
    agreement and the Charter of the United Nations, has 
    assumed the obligation to promote the development of the 
    peoples of the trust territory toward self-government or 
    independence as may be appropriate to the particular 
    circumstances of the trust territory and its peoples and 
    the freely expressed wishes of the peoples concerned; and
Whereas the United States, in response to the desires of the 
    people of the Northern Mariana Islands clearly expressed 
    over the past twenty years through public petition and 
    referendum, and in response to its own obligations under 
    the trusteeship agreement to promote self-determination, 
    entered into political status negotiations with 
    representatives of the people of the Northern Mariana 
    Islands; and
Whereas, on February 15, 1975, a ``Covenant to Establish A 
    Commonwealth of the Northern Mariana Islands in Political 
    Union with the United States of America'' was signed by the 
    Marianas Political Status Commission for the people of the 
    Northern Mariana Islands and by the President's Personal 
    Representative, Ambassador F. Haydn Williams for the United 
    States of America, following which the covenant was 
    approved by the unanimous vote of the Mariana Islands 
    District Legislature on February 20, 1975 and by 78.8 per 
    centum of the people of the Northern Mariana Islands voting 
    in a plebiscite held on June 17, 1975: Now be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That \1\ the 
Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America, 
the text of which is as follows, is hereby approved.
---------------------------------------------------------------------------
    \1\ 48 U.S.C. 1801.
---------------------------------------------------------------------------

``COVENANT TO ESTABLISH A COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 
          IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA

    ``Whereas, the Charter of the United Nations and the 
Trusteeship Agreement between the Security Council of the 
United Nations and the United States of America guarantee to 
the people of the Northern Mariana Islands the right freely to 
express their wishes for self-government or independence; and
    ``Whereas, the United States supports the desire of the 
people of the Northern Mariana Islands to exercise their 
inalienable right of self-determination; and
    ``Whereas, the people of the Northern Mariana Islands and 
the people of the United States share the goals and values 
found in the American system of government based upon the 
principles of government by the consent of the governed, 
individual freedom and democracy; and
    ``Whereas, for over twenty years, the people of the 
Northern Mariana Islands, through public petition and 
referendum, have clearly expressed their desire for political 
union with the United States;
    ``Now, therefore, the Marianas Political Status Commission, 
being the duly appointed representative of the people of the 
Northern Mariana Islands, and the Personal Representative of 
the President of the United States have entered into this 
Covenant in order to establish a self-governing commonwealth 
for the Northern Mariana Islands within the American political 
system and to define the future relationship between the 
Northern Mariana Islands and the United States. This Covenant 
will be mutually binding when it is approved by the United 
States, by the Mariana Islands District Legislature and by the 
people of the Northern Mariana Islands in a plebiscite, 
constituting on their part a sovereign act of self-
determination.

                              ``Article I

                        ``political relationship

    ``Section 101. The Northern Mariana Islands upon 
termination of the Trusteeship Agreement will become a self-
governing commonwealth to be known as the `Commonwealth of the 
Northern Mariana Islands', in political union with and under 
the sovereignty of the United States of America.
    ``Section 102. The relations between the Northern Mariana 
Islands and the United States will be governed by this Covenant 
which, together with those provisions of the Constitution, 
treaties and laws of the United States applicable to the 
Northern Mariana Islands, will be the supreme law of the 
Northern Mariana Islands.
    ``Section 103. The people of the Northern Mariana Islands 
will have the right of local self-government and will govern 
themselves with respect to internal affairs in accordance with 
a Constitution of their own adoption.
    ``Section 104. The United States will have complete 
responsibility for and authority with respect to matters 
relating to foreign affairs and defense affecting the Northern 
Mariana Islands.
    ``Section 105. The United States may enact legislation in 
accordance with its constitutional processes which will be 
applicable to the Northern Mariana Islands, but if such 
legislation cannot also be made applicable to the several 
States the Northern Mariana Islands must be specifically named 
therein for it to become effective in the Northern Mariana 
Islands. In order to respect the right of self-government 
guaranteed by this Covenant the United States agrees to limit 
the exercise of that authority so that the fundamental 
provisions of this Covenant, namely Articles I, II and III and 
Sections 501 and 805, may be modified only with the consent of 
the Government of the United States and the Government of the 
Northern Mariana Islands.

                              ``Article II

             ``constitution of the northern mariana islands

    ``Section 201. The people of the Northern Mariana Islands 
will formulate and approve a Constitution and may amend their 
Constitution pursuant to the procedures provided therein.
    ``Section 202. The Constitution will be submitted to the 
Government of the United States for approval on the basis of 
its consistency with this Covenant and those provisions of the 
Constitution, treaties and laws of the United States to be 
applicable to the Northern Mariana Islands. The Constitution 
will be deemed to have been approved six months after its 
submission to the President on behalf of the Government of the 
United States unless earlier approved or disapproved. If 
disapproved the Constitution will be returned and will be 
resubmitted in accordance with this Section. Amendments to the 
Constitution may be made by the people of the Northern Mariana 
Islands without approval by the Government of the United 
States, but the courts established by the Constitution or laws 
of the United States will be competent to determine whether the 
Constitution and subsequent amendments thereto are consistent 
with this Covenant and with those provisions of the 
Constitution, treaties and laws of the United States applicable 
to the Northern Mariana Islands.
    ``Section 203. (a) The Constitution will provide for a 
republican form of government with separate executive, 
legislative and judicial branches, and will contain a bill of 
rights.
    ``(b) The executive power of the Northern Mariana Islands 
will be vested in a popularly elected Governor and such other 
officials as the Constitution or laws of the Northern Mariana 
Islands may provide.
    ``(c) The legislative power of the Northern Mariana Islands 
will be vested in a popularly elected legislature and will 
extend to all rightful subjects of legislation. The 
Constitution of the Northern Mariana Islands will provide for 
equal representation for each of the chartered municipalities 
of the Northern Mariana Islands in one house of a bicameral 
legislature, notwithstanding other provisions of this Covenant 
or those provisions of the Constitution or laws of the United 
States applicable to the Northern Mariana Islands.
    ``(d) The judicial power of the Northern Mariana Islands 
will be vested in such courts as the Constitution or laws of 
the Northern Mariana Islands may provide. The Constitution or 
laws of the Northern Mariana Islands may vest in such courts 
jurisdiction over all causes in the Northern Mariana Islands 
over which any court established by the Constitution or laws of 
the United States does not have exclusive jurisdiction.
    ``Section 204. All members of the legislature of the 
Northern Mariana Islands and all officers and employees of the 
Government of the Northern Mariana Islands will take an oath or 
affirmation to support this Covenant, those provisions of the 
Constitution, treaties and laws of the United States applicable 
to the Northern Mariana Islands, and the Constitution and laws 
of the Northern Mariana Islands.

                             ``Article III

                     ``citizenship and nationality

    ``Section 301. The following persons and their children 
under the age of 18 years on the effective date of this 
Section, who are not citizens or nationals of the United States 
under any other provision of law, and who on that date do not 
owe allegiance to any foreign state, are declared to be 
citizens of the United States, except as otherwise provided in 
Section 302:
          ``(a) all persons born in the Northern Mariana 
        Islands who are citizens of the Trust Territory of the 
        Pacific Islands on the day preceding the effective date 
        of this Section, and who on that date are domiciled in 
        the Northern Mariana Islands or in the United States or 
        any territory or possession thereof;
          ``(b) all persons who are citizens of the Trust 
        Territory of the Pacific Islands on the day preceding 
        the effective date of this Section, who have been 
        domiciled continuously in the Northern Mariana Islands 
        for at least five years immediately prior to that date, 
        and who, unless under age, registered to vote in 
        elections for the Marianas Islands District Legislature 
        or for any municipal election in the Northern Mariana 
        Islands prior to January 1, 1975; and
          ``(c) all persons domiciled in the Northern Mariana 
        Islands on the day preceding the effective date of this 
        Section, who, although not citizens of the Trust 
        Territory of the Pacific Islands, on that date have 
        been domiciled continuously in the Northern Mariana 
        Islands beginning prior to January 1, 1974.
    ``Section 302. Any person who becomes a citizen of the 
United States solely by virtue of the provisions of Section 301 
may within six months after the effective date of that Section 
or within six months after reaching the age of 18 years, 
whichever date is the later, become a national but not a 
citizen of the United States by making a declaration under oath 
before any court established by the Constitution or laws of the 
United States or any court of record in the Commonwealth in the 
form as follows:
    `` `I XXXXXXXX being duly sworn, hereby declare my 
intention to be a national but not a citizen of the United 
States.'
    ``Section 303. All persons born in the Commonwealth on or 
after the effective date of this Section and subject to the 
jurisdiction of the United States will be citizens of the 
United States at birth.
    ``Section 304. Citizens of the Northern Mariana Islands 
will be entitled to all privileges and immunities of citizens 
in the several States of the United States.

                              ``Article IV

                          ``judicial authority

    ``Section 401. The United States will establish for and 
within the Northern Mariana Islands a court of record to be 
known as the `District Court for the Northern Mariana Islands'. 
The Northern Mariana Islands will constitute a part of the same 
judicial circuit of the United States as Guam.
    ``Section 402. (a) The District Court for the Northern 
Mariana Islands will have the jurisdiction of a district court 
of the United States, except that in all causes arising under 
the Constitution, treaties or laws of the United States it will 
have jurisdiction regardless of the sum or value of the matter 
in controversy.
    ``(b) The District Court will have original jurisdiction in 
all causes in the Northern Mariana Islands not described in 
Subsection (a) jurisdiction over which is not vested by the 
Constitution or laws of the Northern Mariana Islands in a court 
or courts of the Northern Mariana Islands. In causes brought in 
the District Court solely on the basis of this subsection, the 
District Court will be considered a court of the Northern 
Mariana Islands for the purposes of determining the 
requirements of indictment by grand jury or trial by jury.
    ``(c) The District Court will have such appellate 
jurisdiction as the Constitution or laws of the Northern 
Mariana Islands may provide. When it sits as an appellate 
court, the District Court will consist of three judges, at 
least one of whom will be a judge of a court of record of the 
Northern Mariana Islands.
    ``Section 403. (a) The relations between the courts 
established by the Constitution or laws of the United States 
and the courts of the Northern Mariana Islands with respect to 
appeals, certiorari, removal of causes, the issuance of writs 
of habeas corpus and other matters or proceedings will be 
governed by the laws of the United States pertaining to the 
relations between the courts of the United States and the 
courts of the several States in such matters and proceedings, 
except as otherwise provided in this Article; provided that for 
the first fifteen years following the establishment of an 
appellate court of the Northern Mariana Islands the United 
States Court of Appeals for the judicial circuit which includes 
the Northern Mariana Islands will have jurisdiction of appeals 
from all final decisions of the highest court of the Northern 
Mariana Islands from which a decision could be had in all cases 
involving the Constitution, treaties or laws of the United 
States, or any authority exercised thereunder, unless those 
cases are reviewable in the District Court for the Northern 
Mariana Islands pursuant to Subsection 402(c).
    ``(b) Those portions of Title 28 of the United States Code 
which apply to Guam or the District Court of Guam will be 
applicable to the Northern Mariana Islands or the District 
Court for the Northern Mariana Islands, respectively, except as 
otherwise provided in this Article.

                              ``Article V

                        ``applicability of laws

    ``Section 501. (a) To the extent that they are not 
applicable of their own force, the following provisions of the 
Constitution of the United States will be applicable within the 
Northern Mariana Islands as if the Northern Mariana Islands 
were one of the several States: Article I, Section 9, Clauses 
2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article 
IV, Section 1 and Section 2, Clauses 1 and 2; Amendments 1 
through 9, inclusive; Amendment 13; Amendment 14, Section 1; 
Amendment 15; Amendment 19; and Amendment 26; provided, 
however, that neither trial by jury nor indictment by grand 
jury shall be required in any civil action or criminal 
prosecution based on local law, except where required by local 
law. Other provisions of or amendments to the Constitution of 
the United States, which do not apply of their own force within 
the Northern Mariana Islands, will be applicable within the 
Northern Mariana Islands only with approval of the Government 
of the Northern Mariana Islands and of the Government of the 
United States.
    ``(b) The applicability of certain provisions of the 
Constitution of the United States to the Northern Mariana 
Islands will be without prejudice to the validity of and the 
power of the Congress of the United States to consent to 
Sections 203, 506 and 805 and the proviso in Subsection (a) of 
this Section.
    ``Section 502. (a) The following laws of the United States 
in existence on the effective date of this Section and 
subsequent amendments to such laws will apply to the Northern 
Mariana Islands, except as otherwise provided in this Covenant:
          ``(1) those laws which provide federal services and 
        financial assistance programs and the federal banking 
        laws as they apply to Guam; Section 228 of Title II and 
        Title XVI of the Social Security Act as it applies to 
        the several States; the Public Health Service Act as it 
        applies to the Virgin Islands; and the Micronesian 
        Claims Act as it applies to the Trust Territory of the 
        Pacific Islands;
          ``(2) those laws not described in paragraph (1) which 
        are applicable to Guam and which are of general 
        application to the several States as they are 
        applicable to the several States; and
          ``(3) those laws not described in paragraph (1) or 
        (2) which are applicable to the Trust Territory of the 
        Pacific Islands, but not their subsequent amendments 
        unless specifically made applicable to the Northern 
        Mariana Islands, as they apply to the Trust Territory 
        of the Pacific Islands until termination of the 
        Trusteeship Agreement, and will thereafter be 
        inapplicable.
    ``(b) The laws of the United States regarding coastal 
shipments and the conditions of employment, including the wages 
and hours of employees, will apply to the activities of the 
United States Government and its contractors in the Northern 
Mariana Islands.
    ``Section 503. The following laws of the United States, 
presently inapplicable to the Trust Territory of the Pacific 
Islands, will not apply to the Northern Mariana Islands except 
in the manner and to the extent made applicable to them by the 
Congress by law after termination of the Trusteeship Agreement:
          ``(a) except as otherwise provided in Section 506, 
        the immigration and naturalization laws of the United 
        States;
          ``(b) except as otherwise provided in Subsection (b) 
        of Section 502, the coastwise laws of the United States 
        and any prohibition in the laws of the United States 
        against foreign vessels landing fish or unfinished fish 
        products in the United States; and
          ``(c) the minimum wage provisions of Section 6, Act 
        of June 25, 1938, 52 Stat. 1062, as amended.
    ``Section 504. The President will appoint a Commission on 
Federal Laws to survey the laws of the United States and to 
make recommendations to the United States Congress as to which 
laws of the United States not applicable to the Northern 
Mariana Islands should be made applicable and to what extent 
and in what manner, and which applicable laws should be made 
inapplicable and to what extent and in what manner. The 
Commission will consist of seven persons (at least four of whom 
will be citizens of the Trust Territory of the Pacific Islands 
who are and have been for at least five years domiciled 
continuously in the Northern Mariana Islands at the time of 
their appointments) who will be representative of the federal, 
local, private and public interests in the applicability of 
laws of the United States to the Northern Mariana Islands. The 
Commission will make its final report and recommendations to 
the Congress within one year after the termination of the 
Trusteeship Agreement, and before that time will make such 
interim reports and recommendations to the Congress as it 
considers appropriate to facilitate the transition of the 
Northern Mariana Islands to its new political status. In 
formulating its recommendations the Commission will take into 
consideration the potential effect of each law on local 
conditions within the Northern Mariana Islands, the policies 
embodied in the law and the provisions and purposes of this 
Covenant. The United States will bear the cost of the work of 
the Commission.
    ``Section 505. The laws of the Trust Territory of the 
Pacific Islands, of the Mariana Islands District and its local 
municipalities, and all other Executive and District orders of 
a local nature applicable to the Northern Mariana Islands on 
the effective date of this Section and not inconsistent with 
this Covenant or with those provisions of the Constitution, 
treaties or laws of the United States applicable to the 
Northern Mariana Islands will remain in force and effect until 
and unless altered by the Government of the Northern Mariana 
Islands.
    ``Section 506. (a) Notwithstanding the provisions of 
Subsection 503(a), upon the effective date of this Section the 
Northern Mariana Islands will be deemed to be a part of the 
United States under the Immigration and Nationality Act, as 
amended for the following purposes only, and the said Act will 
apply to the Northern Mariana Islands to the extent indicated 
in each of the following Subsections of this Section.
    ``(b) With respect to children born abroad to United States 
citizen or non-citizen national parents permanently residing in 
the Northern Mariana Islands the provisions of Sections 301 and 
308 of the said Act will apply.
    ``(c) With respect to aliens who are `immediate relatives' 
(as defined in Subsection 201(b) of the said Act) of United 
States citizens who are permanently residing in the Northern 
Mariana Islands all the provisions of the said Act will apply, 
commencing when a claim is made to entitlement to `immediate 
relative' status. A person who is certified by the Government 
of the Northern Mariana Islands both to have been a lawful 
permanent resident of the Northern Mariana Islands and to have 
had the `immediate relative' relationship denoted herein on the 
effective date of this Section will be presumed to have been 
admitted to the United States for lawful permanent residence as 
of that date without the requirement of any of the usual 
procedures set forth in the said Act. For the purpose of the 
requirements of judicial naturalization, the Northern Mariana 
Islands will be deemed to constitute a State as defined in 
Subsection 101(a) paragraph (36) of the said Act. The Courts of 
record of the Northern Mariana Islands and the District Court 
for the Northern Mariana Islands will be included among the 
courts specified in Subsection 310(a) of the said Act and will 
have jurisdiction to naturalize persons who become eligible 
under this Section and who reside within their respective 
jurisdictions.
    ``(d) With respect to persons who will become citizens or 
nationals of the United States under Article III of this 
Covenant or under this Section the loss of nationality 
provisions of the said Act will apply.

                              ``Article VI

                         ``revenue and taxation

    ``Section 601. (a) The income tax laws in force in the 
United States will come into force in the Northern Mariana 
Islands as a local territorial income tax on the first day of 
January following the effective date of this Section, in the 
same manner as those laws are in force in Guam.
    ``(b) Any individual who is a citizen or a resident of the 
United States, of Guam, or of the Northern Mariana Islands 
(including a national of the United States who is not a 
citizen), will file only one income tax return with respect to 
his income, in a manner similar to the provisions of Section 
935 of Title 26, United States Code.
    ``(c) References in the Internal Revenue Code to Guam will 
be deemed also to refer to the Northern Mariana Islands, where 
not otherwise distinctly expressed or manifestly incompatible 
with the intent thereof or of this Covenant.
    ``Section 602. The Government of the Northern Mariana 
Islands may by local law impose such taxes, in addition to 
those imposed under Section 601, as it deems appropriate and 
provide for the rebate of any taxes received by it, except that 
the power of the Government of the Northern Mariana Islands to 
rebate collections of the local territorial income tax received 
by it will be limited to taxes on income derived from sources 
within the Northern Mariana Islands.
    ``Section 603. (a) The Northern Mariana Islands will not be 
included within the customs territory of the United States.
    ``(b) The Government of the Northern Mariana Islands may, 
in a manner consistent with the international obligations of 
the United States, levy duties on goods imported into its 
territory from any area outside the customs territory of the 
United States and impose duties on exports from its territory.
    ``(c) Imports from the Northern Mariana Islands into the 
customs territory of the United States will be subject to the 
same treatment as imports from Guam into the customs territory 
of the United States.
    ``(d) The Government of the United States will seek to 
obtain from foreign countries favorable treatment for exports 
from the Northern Mariana Islands and will encourage other 
countries to consider the Northern Mariana Islands a developing 
territory.
    ``Section 604. (a) The Government of the United States may 
levy excise taxes on goods manufactured, sold or used or 
services rendered in the Northern Mariana Islands in the same 
manner and to the same extent as such taxes are applicable 
within Guam.
    ``(b) The Government of the Northern Mariana Islands will 
have the authority to impose excise taxes upon goods 
manufactured, sold or used or services rendered within its 
territory or upon goods imported into its territory, provided 
that such excise taxes imposed on goods imported into its 
territory will be consistent with the international obligations 
of the United States.
    ``Section 605. Nothing in this Article will be deemed to 
authorize the Government of the Northern Mariana Islands to 
impose any customs duties on the property of the United States 
or on the personal property of military or civilian personnel 
of the United States Government or their dependents entering or 
leaving the Northern Mariana Islands pursuant to their contract 
of employment or orders assigning them to or from the Northern 
Mariana Islands or to impose any taxes on the property, 
activities or instrumentalities of the United States which one 
of the several States could not impose; nor will any provision 
of this Article be deemed to affect the operation of the 
Soldiers and Sailors Civil Relief Act of 1940, as amended, 
which will be applicable to the Northern Mariana Islands as it 
is applicable to Guam.
    ``Section 606. (a) Not later than at the time this Covenant 
is approved, that portion of the Trust Territory Social 
Security Retirement Fund attributable to the Northern Mariana 
Islands will be transferred to the Treasury of the United 
States, to be held in trust as a separate fund to be known as 
the `Northern Mariana Islands Social Security Retirement Fund'. 
This fund will be administered by the United States in 
accordance with the social security laws of the Trust Territory 
of the Pacific Islands in effect at the time of such transfer, 
which may be modified by the Government of the Northern Mariana 
Islands only in a manner which does not create any additional 
differences between the social security laws of the Trust 
Territory of the Pacific Islands and the laws described in 
Subsection (b). The United States will supplement such fund if 
necessary to assure that persons receive benefits therefrom 
comparable to those they would have received from the Trust 
Territory Social Security Retirement Fund under the laws 
applicable thereto on the day preceding the establishment of 
the Northern Mariana Islands Social Security Retirement Fund, 
so long as the rate of contributions thereto also remains 
comparable.
    ``(b) Those laws of the United States which impose excise 
and self-employment taxes to support or which provide benefits 
from the United States Social Security System will on January 1 
of the first calendar year following the termination of the 
Trusteeship Agreement or upon \2\ such earlier date as may be 
agreed to by the Government of the Northern Mariana Islands and 
the Government of the United States become applicable to the 
Northern Mariana Islands as they apply to Guam.
---------------------------------------------------------------------------
    \2\ Sec. 9 of Public Law 98-213 (97 Stat. 1461) struck out ``upon 
termination of the Trusteeship Agreement or'' and inserted in lieu 
thereof ``on January 1 of the first calendar year following the 
termination of the Trusteeship Agreement or upon''.
---------------------------------------------------------------------------
    ``(c) At such time as the laws described in Subsection (b) 
become applicable to the Northern Mariana Islands:
          ``(1) the Northern Mariana Islands Social Security 
        Retirement Fund will be transferred into the 
        appropriate Federal Social Security Trust Funds;
          ``(2) prior contributions by or on behalf of persons 
        domiciled in the Northern Mariana Islands to the Trust 
        Territory Social Security Retirement Fund or the 
        Northern Mariana Islands Social Security Retirement 
        Fund will be considered to have been made to the 
        appropriate Federal Social Security Trust Funds for the 
        purpose of determining eligibility of those persons in 
        the Northern Mariana Islands for benefits under those 
        laws; and
          ``(3) persons domiciled in the Northern Mariana 
        Islands who are eligible for or entitled to social 
        security benefits under the laws of the Trust Territory 
        of the Pacific Islands or of the Northern Mariana 
        Islands will not lose their entitlement and will be 
        eligible for or entitled to benefits under the laws 
        described in Subsection (b).
    ``Section 607. (a) All bonds or other obligations issued by 
the Government of the Northern Mariana Islands or by its 
authority will be exempt, as to principal and interest, from 
taxation by the United States, or by any State, territory or 
possession of the United States, or any political subdivision 
of any of them.
    ``(b) During the initial seven year period of financial 
assistance provided for in Section 702, and during such 
subsequent periods of financial assistance as may be agreed, 
the Government of the Northern Mariana Islands will authorize 
no public indebtedness (other than bonds or other obligations 
of the Government payable solely from revenues derived from any 
public improvement or undertaking) in excess of ten percentum 
of the aggregate assessed valuation of the property within the 
Northern Mariana Islands.

                             ``Article VII

                  ``united states financial assistance

    ``Section 701. The Government of the United States will 
assist the Government of the Northern Mariana Islands in its 
efforts to achieve a progressively higher standard of living 
for its people as part of the American economic community and 
to develop the economic resources needed to meet the financial 
responsibilities of local self-government. To this end, the 
United States will provide direct multi-year financial support 
to the Government of the Northern Mariana Islands for local 
government operations, for capital improvement programs and for 
economic development. The initial period of such support will 
be seven years, as provided in Section 702.
    ``Section 702. Approval of this Covenant by the United 
States will constitute a commitment and pledge of the full 
faith and credit of the United States for the payment, as well 
as an authorization for the appropriation, of the following 
guaranteed annual levels of direct grant assistance to the 
Government of the Northern Mariana Islands for each of the 
seven fiscal years following the effective date of this 
Section:
          ``(a) $8.25 million for budgetary support for 
        government operations, of which $250,000 each year will 
        be reserved for a special education training fund 
        connected with the change in the political status of 
        the Northern Mariana Islands;
          ``(b) $4 million for capital improvement projects, of 
        which $500,000 each year will be reserved for such 
        projects on the Island of Tinian and $500,000 each year 
        will be reserved for such projects on the Island of 
        Rota; and
          ``(c) $1.75 million for an economic development loan 
        fund, of which $500,000 each year will be reserved for 
        small loans to farmers and fishermen and to 
        agricultural and marine cooperatives, and of which 
        $250,000 each year will be reserved for a special 
        program of low interest housing loans for low income 
        families.
    ``Section 703. (a) The United States will make available to 
the Northern Mariana Islands the full range of federal programs 
and services available to the territories of the United States. 
Funds provided under Section 702 will be considered to be local 
revenues \3\ when used as the local share required to obtain 
federal programs and services.
---------------------------------------------------------------------------
    \3\ The Department of the Interior Appropriations Act, 1997 (title 
I of sec. 101(d) of title I of Public Law 104-208; 110 Stat. 3009), 
struck out ``of the Government of the Northern Mariana Islands'' after 
``local revenues''.
---------------------------------------------------------------------------
    ``(b) There will be paid into the Treasury of the 
Government of the Northern Mariana Islands, to be expended to 
the benefit of the people thereof as that Government may by law 
prescribe, the proceeds of all customs duties and federal 
income taxes derived from the Northern Mariana Islands, the 
proceeds of all taxes collected under the internal revenue laws 
of the United States on articles produced in the Northern 
Mariana Islands and transported to the United States, its 
territories or possessions, or consumed in the Northern Mariana 
Islands, the proceeds of any other taxes which may be levied by 
the Congress on the inhabitants of the Northern Mariana 
Islands, and all quarantine, passport, immigration and 
naturalization fees collected in the Northern Mariana Islands, 
except that nothing in this Section shall be construed to apply 
to any tax imposed by Chapters 2 or 21 of Title 26, United 
States Code.
    ``Section 704. (a) Funds provided under Section 702 not 
obligated or expended by the Government of the Northern Mariana 
Islands during any fiscal year will remain available for 
obligation or expenditure by that Government in subsequent 
fiscal years for the purposes for which the funds were 
appropriated.
    ``(b) Approval of this Covenant by the United States will 
constitute an authorization for the appropriation of a pro-rata 
share of the funds provided under Section 702 for the period 
between the effective date of this Section and the beginning of 
the next succeeding fiscal year.
    ``(c) The amounts stated in Section 702 will be adjusted 
for each fiscal year by a percentage which will be the same as 
the percentage change in the United States Department of 
Commerce composite price index using the beginning of Fiscal 
Year 1975 as the base.
    ``(d) Upon expiration of the seven year period of 
guaranteed annual direct grant assistance provided by Section 
702, the annual level of payments in each category listed in 
Section 702 will continue until Congress appropriates a 
different amount or otherwise provides by law.

                             ``Article VIII

                               ``property

    ``Section 801. All right, title and interest of the 
Government of the Trust Territory of the Pacific Islands in and 
to real property in the Northern Mariana Islands on the date of 
the signing of this Covenant or thereafter acquired in any 
manner whatsoever will, no later than upon the termination of 
the Trusteeship Agreement, be transferred to the Government of 
the Northern Mariana Islands. All right, title and interest of 
the Government of the Trust Territory of the Pacific Islands in 
and to all personal property on the date of the signing of this 
Covenant or thereafter acquired in any manner whatsoever will, 
no later than upon the termination of the Trusteeship 
Agreement, be distributed equitably in a manner to be 
determined by the Government of the Trust Territory of the 
Pacific Islands in consultation with those concerned, including 
the Government of the Northern Mariana Islands.
    ``Section 802. (a) The following property will be made 
available to the Government of the United States by lease to 
enable it to carry out its defense responsibilities:
          ``(1) on Tinian Island, approximately 17,799 acres 
        (7,203 hectares) and the waters immediately adjacent 
        thereto;
          ``(2) on Saipan Island, approximately 177 acres (72 
        hectares) at Tanapag Harbor; and
          ``(3) on Farallon de Medinilla Island, approximately 
        206 acres (83 hectares) encompassing the entire island, 
        and the waters immediately adjacent thereto.
    ``(b) The United States affirms that it has no present need 
for or present intention to acquire any greater interest in 
property listed above than that which is granted to it under 
Subsection 803(a), or to acquire any property in addition to 
that listed in Subsection (a), above, in order to carry out its 
defense responsibilities.
    ``Section 803. (a) The Government of the Northern Mariana 
Islands will lease the property described in Subsection 802(a) 
to the Government of the United States for a term of fifty 
years, and the Government of the United States will have the 
option of renewing this lease for all or part of such property 
for an additional term of fifty years if it so desires at the 
end of the first term.
    ``(b) The Government of the United States will pay to the 
Government of the Northern Mariana Islands in full settlement 
of this lease, including the second fifty year term of the 
lease if extended under the renewal option, the total sum of 
$19,520,600, determined as follows:
          ``(1) for that property on Tinian Island, $17.5 
        million;
          ``(2) for that property at Tanapag Harbor on Saipan 
        Island, $2 million; and
          ``(3) for that property known as Farallon de 
        Medinilla, $20,600.
The sum stated in this Subsection will be adjusted by a 
percentage which will be the same as the percentage change in 
the United States Department of Commerce composite price index 
from the date of signing the Covenant.
    ``(c) A separate Technical Agreement Regarding Use of Land 
To Be Leased by the United States in the Northern Mariana 
Islands will be executed simultaneously with this Covenant. The 
terms of the lease to the United States will be in accordance 
with this Section and with the terms of the Technical 
Agreement. The Technical Agreement will also contain terms 
relating to the leaseback of property, to the joint use 
arrangements for San Jose Harbor and West Field on Tinian 
Island, and to the principles which will govern the social 
structure relations between the United States military and the 
Northern Mariana Islands civil authorities.
    ``(d) From the property to be leased to it in accordance 
with this Covenant the Government of the United States will 
lease back to the Government of the Northern Mariana Islands, 
in accordance with the Technical Agreement, for the sum of one 
dollar per acre per year, approximately 6,458 acres (2,614 
hectares) on Tinian Island and approximately 44 acres (18 
hectares) at Tanapag Harbor on Saipan Island, which will be 
used for purposes compatible with their intended military use.
    ``(e) From the property to be leased to it at Tanapag 
Harbor on Saipan Island the Government of the United States 
will make available to the Government of the Northern Mariana 
Islands 133 acres (54 hectares) at no cost. This property will 
be set aside for public use as an American memorial park to 
honor the American and Marianas dead in the World War II 
Marianas Campaign. The $2 million received from the Government 
of the United States for the lease of this property will be 
placed into a trust fund, and used for the development and 
maintenance of the park in accordance with the Technical 
Agreement.
    ``Section 804. (a) The Government of the United States will 
cause all agreements between it and the Government of the Trust 
Territory of the Pacific Islands which grant to the Government 
of the United States use or other rights in real property in 
the Northern Mariana Islands to be terminated upon or before 
the effective date of the Section. All right, title and 
interest of the Government of the Trust Territory of the 
Pacific Islands in and to any real property with respect to 
which the Government of the United States enjoys such use or 
other rights will be transferred to the Government of the 
Northern Mariana Islands at the time of such termination. From 
the time such right, title and interest is so transferred the 
Government of the Northern Mariana Islands will assure the 
Government of the United States the continued use of the real 
property then actively used by the Government of the United 
States for civilian governmental purposes on terms comparable 
to those enjoyed by the Government of the United States under 
its arrangements with the Government of the Trust Territory of 
the Pacific Islands on the date of the signature of this 
Covenant.
    ``(b) All facilities at Isely Field developed with federal 
aid and all facilities at that field usable for the landing and 
take-off of aircraft will be available to the United States for 
use by military and naval aircraft, in common with other 
aircraft, at all times without charge, except, if the use by 
military and naval aircraft shall be substantial, a reasonable 
share, proportional to such use, of the cost of operating and 
maintaining the facilities so used may be charged at a rate 
established by agreement between the Government of the Northern 
Mariana Islands and the Government of the United States.
    ``Section 805. Except as otherwise provided in this 
Article, and notwithstanding the other provisions of this 
Covenant, or those provisions of the Constitution, treaties or 
laws of the United States applicable to the Northern Mariana 
Islands, the Government of the Northern Mariana Islands, in 
view of the importance of the ownership of land for the culture 
and traditions of the people of the Northern Mariana Islands, 
and in order to protect them against exploitation and to 
promote their economic advancement and self-sufficiency:
          ``(a) will until twenty-five years after the 
        termination of the Trusteeship Agreement, and may 
        thereafter, regulate the alienation of permanent and 
        long-term interests in real property so as to restrict 
        the acquisition of such interests to persons of 
        Northern Mariana Islands descent; and
          ``(b) may regulate the extent to which a person may 
        own or hold land which is now public land.
    ``Section 806. (a) The United States will continue to 
recognize and respect the scarcity and special importance of 
land in the Northern Mariana Islands. If the United States must 
acquire any interest in real property not transferred to it 
under this Covenant, it will follow the policy of seeking to 
acquire only the minimum area necessary to accomplish the 
public purpose for which the real property is required, of 
seeking only the minimum interest in real property necessary to 
support such public purpose, acquiring title only if the public 
purpose cannot be accomplished if a lesser interest is 
obtained, and of seeking first to satisfy its requirement by 
acquiring an interest in public rather than private real 
property.
    ``(b) The United States may, upon prior written notice to 
the Government of the Northern Mariana Islands, acquire for 
public purposes in accordance with federal laws and procedures 
any interest in real property in the Northern Mariana Islands 
by purchase, lease, exchange, gift or otherwise under such 
terms and conditions as may be negotiated by the parties. The 
United States will in all cases attempt to acquire any interest 
in real property for public purposes by voluntary means under 
this Subsection before exercising the power of eminent domain. 
No interest in real property will be acquired unless duly 
authorized by the Congress of the United States and 
appropriations are available therefor.
    ``(c) In the event it is not possible for the United States 
to obtain an interest in real property for public purposes by 
voluntary means, it may exercise within the Commonwealth the 
power of eminent domain to the same extent and in the same 
manner as it has and can exercise the power of eminent domain 
in a State of the Union. The power of eminent domain will be 
exercised within the Commonwealth only to the extent necessary 
and in compliance with applicable United States laws, and with 
full recognition of the due process required by the United 
States Constitution.

                              ``Article IX

       ``northern mariana islands representative and consultation

    ``Section 901. The Constitution or laws of the Northern 
Mariana Islands may provide for the appointment or election of 
a Resident Representative to the United States, whose term of 
office will be two years, unless otherwise determined by local 
law, and who will be entitled to receive official recognition 
as such Representative by all of the departments and agencies 
of the Government of the United States upon presentation 
through the Department of State of a certificate of selection 
from the Governor. The Representative must be a citizen and 
resident of the Northern Mariana Islands, at least twenty-five 
years of age, and, after termination of the Trusteeship 
Agreement, a citizen of the United States.
    ``Section 902. The Government of the United States and the 
Government of the Northern Mariana Islands will consult 
regularly on all matters affecting the relationship between 
them. At the request of either Government, and not less 
frequently than every ten years, the President of the United 
States and the Governor of the Northern Mariana Islands will 
designate special representatives to meet and to consider in 
good faith such issues affecting the relationship between the 
Northern Mariana Islands and the United States as may be 
designated by either Government and to make a report and 
recommendations with respect thereto. Special representatives 
will be appointed in any event to consider and to make 
recommendations regarding future multi-year financial 
assistance to the Northern Mariana Islands pursuant to Section 
701, to meet at least one year prior to the expiration of every 
period of such financial assistance.
    ``Section 903. Nothing herein shall prevent the 
presentation of cases or controversies arising under this 
Covenant to courts established by the Constitution or laws of 
the United States. It is intended that any such cases or 
controversies will be justifiable in such courts and that the 
undertakings by the Government of the United States and by the 
Government of the Northern Mariana Islands provided for in this 
Covenant will be enforceable in such courts.
    ``Section 904. (a) The Government of the United States will 
give sympathetic consideration to the views of the Government 
of the Northern Mariana Islands on international matters 
directly affecting the Northern Mariana Islands and will 
provide opportunities for the effective presentation of such 
views to no less extent than such opportunities are provided to 
any other territory or possession under comparable 
circumstances.
    ``(b) The United States will assist and facilitate the 
establishment by the Northern Mariana Islands of offices in the 
United States and abroad to promote local tourism and other 
economic or cultural interests of the Northern Mariana Islands.
    ``(c) On its request the Northern Mariana Islands may 
participate in regional and other international organizations 
concerned with social, economic, educational, scientific, 
technical and cultural matters when similar participation is 
authorized for any other territory or possession of the United 
States under comparable circumstances.

                              ``Article X

              ``approval, effective dates, and definitions

    ``Section 1001. (a) This Covenant will be submitted to the 
Mariana Islands District Legislature for its approval. After 
its approval by the Mariana Islands District Legislature, this 
Covenant will be submitted to the people of the Northern 
Mariana Islands for approval in a plebiscite to be called by 
the United States. Only persons who are domiciled exclusively 
in the Northern Mariana Islands and who meet such other 
qualifications, including timely registration, as are 
promulgated by the United States as administering authority 
will be eligible to vote in the plebiscite. Approval must be by 
a majority of at least 55% of the valid votes cast in the 
plebiscite. The results of the plebiscite will be certified to 
the President of the United States.
    ``(b) This Covenant will be approved by the United States 
in accordance with its constitutional processes and will 
thereupon become law.
    ``Section 1002. The President of the United States will 
issue a proclamation announcing the termination of the 
Trusteeship Agreement, or the date on which the Trusteeship 
Agreement will terminate, and the establishment of the 
Commonwealth in accordance with this Covenant. Any 
determination by the President that the Trusteeship Agreement 
has been terminated or will be terminated on a day certain will 
be final and will not be subject to review by any authority, 
judicial or otherwise, of the Trust Territory of the Pacific 
Islands, the Northern Mariana Islands or the United States.
    ``Section 1003. The provisions of this Covenant will become 
effective as follows, unless otherwise specifically provided:
          ``(a) Sections 105, 201-203, 503, 504, 606, 801, 903 
        and Article X will become effective on approval of this 
        Covenant;
          ``(b) Sections 102, 103, 204, 304, Article IV, 
        Sections 501, 502, 505, 601-605, 607, Article VII, 
        Sections 802-805, 901 and 902 will become effective on 
        a date to be determined and proclaimed by the President 
        of the United States which will be not more than 180 
        days after this Covenant and the Constitution of the 
        Northern Mariana Islands have both been approved; and
          ``(c) The remainder of this Covenant will become 
        effective upon the termination of the Trusteeship 
        Agreement and the establishment of the Commonwealth of 
        the Northern Mariana Islands.
    ``Section 1004. (a) The application of any provision of the 
Constitution or laws of the United States which would otherwise 
apply to the Northern Mariana Islands may be suspended until 
termination of the Trusteeship Agreement if the President finds 
and declares that the application of such provision prior to 
termination would be inconsistent with the Trusteeship 
Agreement.
    ``(b) The Constitution of the Northern Mariana Islands will 
become effective in accordance with its terms on the same day 
that the provisions of this Covenant specified in Subsection 
1003(b) become effective, provided that if the President finds 
and declares that the effectiveness of any provision of the 
Constitution of the Northern Mariana Islands prior to 
termination of the Trusteeship Agreement would be inconsistent 
with the Trusteeship Agreement such provision will be 
ineffective until termination of the Trusteeship Agreement. 
Upon the establishment of the Commonwealth of the Northern 
Mariana Islands the Constitution will become effective in its 
entirety in accordance with its terms as the Constitution of 
the Commonwealth of the Northern Mariana Islands.
    ``Section 1005. As used in this Covenant:
          ``(a) `Trusteeship Agreement' means the Trusteeship 
        Agreement for the former Japanese Mandated Islands 
        concluded between the Security Council of the United 
        Nations and the United States of America, which entered 
        into force on July 18, 1947;
          ``(b) `Northern Mariana Islands' means the area now 
        known as the Mariana Islands District of the Trust 
        Territory of the Pacific Islands, which lies within the 
        area north of 14 degrees north latitude, south of 21 
        degrees north latitude, west of 150 degrees east 
        longitude and east of 144 degrees east longitude;
          ``(c) `Government of the Northern Mariana Islands' 
        includes, as appropriate, the Government of the Mariana 
        Islands District of the Trust Territory of the Pacific 
        Islands at the time this Covenant is signed, its 
        agencies and instrumentalities, and its successors, 
        including the Government of the Commonwealth of the 
        Northern Mariana Islands;
          ``(d) `Territory or possession' with respect to the 
        United States includes the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        and American Samoa;
          ``(e) `Domicile' means that place where a person 
        maintains a residence with the intention of continuing 
        such residence for an unlimited or indefinite period, 
        and to which such person has the intention of returning 
        whenever he is absent, even for an extended period.
    ``Signed at Saipan, Mariana Islands on the fifteenth day of 
February, 1975.
    ``For the people of the Northern Mariana Islands:
                          Edward DLG. Pangelinan,
                          Chairman, Marianas Political Status 
                        Commission.

                          Vicente N. Santos.
                          Vice Chairman, Marianas Political 
                        Status Commission.

    ``For the United States of America:
                          Ambassador F. Haydn Williams,
                          Personal Representative of the 
                        President of the United States.

    ``Members of the Marianas Political Status Commission:
                          Juan LG. Cabrera.
                          Vicente T. Camacho.
                          Jose R. Cruz.
                          Bernard V. Hofschneider.
                          Benjamin T. Manglona.
                          Daniel T. Muna.
                          Dr. Francisco T. Palacios.
                          Joaquin I. Pangelinan.
                          Manuel A. Sablan.
                          Joannes B. Taimanao.
                          Pedro A. Tenorio.''.
    Sec. 2. It is the sense of the Congress that pursuant to 
section 902 of the foregoing Covenant, and in any case within 
ten years from the date of the enactment of this resolution, 
the President of the United States should request, on behalf of 
the United States, the designation of special representatives 
to meet and to consider in good faith such issues affecting the 
relationship between the Northern Mariana Islands and the 
United States as may be designated by either Government and to 
make a report and recommendations with respect thereto.
    Sec. 3.\4\ Pursuant to section 701 of the foregoing 
Covenant, enactment of this section shall constitute a 
commitment and pledge of the full faith and credit of the 
United States for the payment of $228 million at guaranteed 
annual amounts of direct grant assistance for the Government of 
the Northern Mariana Islands for an additional period of seven 
fiscal years after the expiration of the initial seven-year 
period specified in section 702 of said Covenant, which 
assistance shall be provided according to the schedule of 
payments contained in the Agreement of the Special 
Representatives on Future United States Financial Assistance 
for the Government of the Northern Mariana Islands, executed 
July 10, 1985, between the special representative of the 
President of the United States and the special representatives 
of the Governor of the Northern Mariana Islands. The islands of 
Rota and Tinian shall each receive no less than a 1/8 share and 
the island of Saipan shall receive no less than a 1/4 share of 
annualized capital improvement project funds, which shall be no 
less than 80 per centum of the capital development funds 
identified in the schedule of payments in paragraph 2 of part 
II of the Agreement of the Special Representatives. Funds shall 
be granted according to such regulations as are applicable to 
such grants.
---------------------------------------------------------------------------
    \4\ Sec. 10 of Public Law 99-396 (100 Stat. 840) added secs. 3, 4, 
and 5.
---------------------------------------------------------------------------
    Sec. 4.\4\ (a) Section 704(c) of the foregoing Covenant 
shall not apply to the Federal financial assistance which is 
provided to the Government of the Northern Mariana Islands 
pursuant to section 3 of this Act.
    (b) Upon the expiration of the period of Federal financial 
assistance which is provided to the Government of the Northern 
Mariana Islands pursuant to section 3 of this Act, payments of 
direct grant assistance shall continue at the annual level 
provided for the last fiscal year of the additional period of 
seven fiscal years \5\ except that, for fiscal years 1996 
through 2002, payments to the Commonwealth of the Northern 
Mariana Islands pursuant to the multi-year funding agreements 
contemplated under the Covenant shall be $11,000,000 annually, 
subject to an equal local match and all other requirements set 
forth in the Agreement of the Special Representatives on Future 
Federal Financial Assistance of the Northern Mariana Islands, 
executed on December 17, 1992 between the special 
representative of the President of the United States and 
special representatives of the Governor of the Northern Mariana 
Islands with any additional amounts otherwise made available 
under this section in any fiscal year and not required to meet 
the schedule of payments in this subsection to be provided as 
set forth in subsection (c) until Congress otherwise provides 
by law.
---------------------------------------------------------------------------
    \5\ Sec. 118 of the Department of Interior and Related Agencies 
Appropriations Act, 1996 (title I of sec. 101(c) of Public Law 104-134; 
110 Stat. 1321-178) struck out ``until Congress otherwise provides by 
law.'' and inserted text from this point through subsec. (d).
---------------------------------------------------------------------------
    (c) The additional amounts referred to in subsection (b) 
shall be made available to the Secretary for obligation as 
follows:
          (1) for fiscal years 1996 through 2001, $4,580,000 
        annually for capital infrastructure projects as Impact 
        Aid for Guam under section 104(c)(6) of Public Law 99-
        239;
          (2) for fiscal year 1996, $7,700,000 shall be 
        provided for capital infrastructure projects in 
        American Samoa; $4,420,000 for resettlement of Rongelap 
        Atoll; and
          (3) for fiscal years 1997 and thereafter, all such 
        amounts shall be available solely for capital 
        infrastructure projects in Guam, the Virgin Islands, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, the Republic of Palau, the Federated 
        States of Micronesia and the Republic of the Marshall 
        Islands: Provided, That, in fiscal year 1997, 
        $3,000,000 of such amounts shall be made available to 
        the College of the Northern Marianas and beginning in 
        fiscal year 1997, and in each year thereafter, not to 
        exceed $3,000,000 may be allocated, as provided in 
        appropriations Acts, to the Secretary of the Interior 
        for use by Federal agencies or the Commonwealth of the 
        Northern Mariana Islands to address immigration, labor, 
        and law enforcement issues in the Northern Mariana 
        Islands. The specific projects to be funded in American 
        Samoa shall be set forth in a five-year plan for 
        infrastructure assistance developed by the Secretary of 
        the Interior in consultation with the American Samoa 
        Government and updated annually and submitted to the 
        Congress concurrent with the budget justifications for 
        the Department of the Interior. In developing budget 
        recommendations for capital infrastructure funding, the 
        Secretary shall indicate the highest priority projects, 
        consider the extent to which particular projects are 
        part of an overall master plan, whether such project 
        has been reviewed by the Corps of Engineers and any 
        recommendations made as a result of such review, the 
        extent to which a set-aside for maintenance would 
        enhance the life of the project, the degree to which a 
        local cost-share requirement would be consistent with 
        local economic and fiscal capabilities, and may propose 
        an incremental set-aside, not to exceed $2,000,000 per 
        year, to remain available without fiscal year 
        limitation, as an emergency fund in the event of 
        natural or other disasters to supplement other 
        assistance in the repair, replacement, or hardening of 
        essential facilities: Provided further, That the 
        cumulative amount set aside for such emergency fund may 
        not exceed $10,000,000 at any time.
    (d) Within the amounts allocated for infrastructure 
pursuant to this section, and subject to the specific 
allocations made in subsection (c), additional contributions 
may be made, as set forth in appropriations Acts, to assist in 
the resettlement of Rongelap Atoll: Provided, That the total of 
all contributions from any Federal source after enactment of 
this Act may not exceed $32,000,000 and shall be contingent 
upon an agreement, satisfactory to the President, that such 
contributions are a full and final settlement of all 
obligations of the United States to assist in the resettlement 
of Rongelap Atoll and that such funds will be expended solely 
on resettlement activities and will be properly audited and 
accounted for. In order to provide such contributions in a 
timely manner, each Federal agency providing assistance or 
services, or conducting activities, in the Republic of the 
Marshall Islands, is authorized to make funds available through 
the Secretary of the Interior, to assist in the resettlement of 
Rongelap. Nothing in this subsection shall be construed to 
limit the provision of ex gratia assistance pursuant to section 
105(c)(2) of the Compact of Free Association Act of 1985 
(Public Law 99-239, 99 Stat. 1770, 1792) including for 
individuals choosing not to resettle at Rongelap, except that 
no such assistance for such individuals may be provided until 
the Secretary notifies the Congress that the full amount of all 
funds necessary for resettlement at Rongelap has been provided.
    Sec. 5.\4\ Should the Secretary of the Interior believe 
that the performance standards of the agreement identified in 
section 3 of this Act are not being met, he shall notify the 
Government of the Northern Mariana Islands in writing with the 
intent to resolve such issue in a mutually agreeable and 
expeditious manner and notify the Committee on Interior and 
Insular Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. Should 
the issue not be resolved within thirty days after the 
notification is received by the Government of the Northern 
Mariana Islands, the Secretary of the Interior may request 
authority from Congress to withhold payment of an appropriate 
amount of the operations funds identified in the schedule of 
payments in paragraph 2 of part II of the Agreement of the 
Special Representatives for a period of less than one year but 
no funds shall be withheld except by Act of Congress.
             i. Relations With the Northern Mariana Islands

  Executive Order 12572 of November 3, 1986, 51 F.R. 40401, 48 U.S.C. 
                               1801 note

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, it is 
hereby ordered that, consistent with the Joint Resolution to 
approve the ``Covenant To Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United 
States of America,'' approved March 24, 1976 (Public Law 94-
241; 90 Stat. 263), the relation of the United States with the 
Government of the Northern Mariana Island shall, in all matters 
not the program responsibility of another Federal department or 
agency, be under the general administrative supervision of the 
Secretary of the Interior.
 j. Management of the Compact of Free Association With the Republic of 
   the Marshall Islands, the Federated States of Micronesia, and the 
                           Republic of Palau

Executive Order 12569, October 16, 1986, 51 F.R. 37171, 48 U.S.C. 1901 
 note; as amended by Executive Order 12877, November 3, 1993, 58 F.R. 
                                 59159

    By the authority vested in me as President by the 
Constitution and laws of the United States, including the 
Compact of Free Association (the Compact) and Public Law 99-
239, (the Act), it is ordered as follows:
    Section 1. Responsibility of the Secretary of State. The 
Secretary of State shall conduct the government-to-government 
relations of the United States with the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the 
Republic of Palau (the ``Freely Associated States''), including 
any subdivisions, officials or persons thereof, and may 
delegate or allocate such of his authority under this Order to 
such other United States officials as he may from time to time 
deem desirable. The authority of the Secretary of State shall 
include, consistent with Article V of Title One of the Compact 
and section 105(b)(1) of the Act, the establishment and 
maintenance of representative officers in the Freely Associated 
States and supervision of the United States representatives and 
their staff. The Secretary also shall provide, in accordance 
with applicable law, for appropriate privileges, immunities, 
and assistance to representatives to the United States 
designated by the Governments of the Freely Associated States, 
together with their offices and staff. In accordance with 
applicable law and the provisions of this Order, the Secretary 
also shall have the authority and responsibility to take such 
other actions as may be necessary and appropriate to ensure 
that the authorities and obligations of the United States set 
forth in the Compact and its related agreements and in the laws 
of the United States as they relate to the conduct of 
government-to-government relations with the Freely Associated 
States are carried out. The Secretary shall provide from 
appropriations made to the Department of State such funds as 
may be necessary to carry out the provisions of this Order in 
relation to the activities of the Department of State.
    Sec. 2. Responsibility of the Secretary of the Interior. 
The Secretary of the Interior shall be responsible for seeking 
the appropriation of funds for and, in accordance with the laws 
of the United States, shall make available to the Freely 
Associated States the United States economic and financial 
assistance appropriated pursuant to Article I of Title Two of 
the Compact; the grant, service, and program assistance 
appropriated pursuant to Article II of Title Two of the 
Compact; and all other United States assistance appropriated 
pursuant to the Compact and its related agreements. The 
Secretary shall coordinate and monitor any program or any 
activity by any department or agency of the United States 
provided to the Freely Associated States and shall coordinate 
and monitor related economic development planning. This Section 
shall not apply to services provided by the Department of 
Defense to the Freely Associated States or to activities 
pursuant to Section 1 of this Order, including activities under 
the Peace Corps Act.
    Sec. 3. Interagency Group on Freely Associated State 
Affairs and the Office of Freely Associated State Affairs.
    (a) There is established an Interagency Group on Freely 
Associated State Affairs for the purpose of providing guidance 
and oversight with respect to the establishment and 
implementation of policy concerning the Compact and United 
States relations with the Freely Associated States.
    (b) The Interagency Group shall consist of the Secretary of 
State or his designee, who shall chair the Group, and of the 
principal officers or their designees from the Departments of 
the Interior, Defense, Commerce, Energy, and Justice, the 
Organization of the Joint Chiefs of Staff, the Office of 
Management and Budget, the National Security Council, and such 
other departments and agencies as may from time to time be 
appropriate.
    (c) The Interagency Group shall make such recommendations 
as it shall deem appropriate to the President, through the 
Assistant to the President for National Security Affairs, 
concerning United States relations with the Freely Associated 
States. The Interagency Group also shall provide such guidance 
as it deems appropriate to departments and agencies delegated 
authority by this Order concerning administration of laws with 
respect to the Freely Associated States.
    (d) If any department or agency charged by this Order with 
implementation of the Compact or other laws of the United 
States with respect to the Freely Associated States concludes 
that noncompliance sanctions pursuant to section 105(g) of the 
Act are appropriate, it shall make appropriate recommendations 
to the Interagency Group. The Interagency Group shall consider 
these recommendations and report its findings to the President 
for his review in making that determination.
    (e)(1) \1\ The Secretary of State shall be responsible for 
the conduct of United States relations with the Freely 
Associated States, carry out related matters, and provide 
appropriate support to the Interagency Group, bearing in mind 
the continued special relationship between the United States 
and the Freely Associated States.
---------------------------------------------------------------------------
    \1\ Sec. 1 of Executive Order 12877 (November 3, 1993; 58 F.R. 
59159) amended and restated paras. 1 through 3 of subsec. (e), which 
formerly read as follows:
    ``(1) There shall be in the Department of State an Office of Freely 
Associated State Affairs to conduct United States relations with the 
Freely Associated States and carry out related matters, as the 
Secretary of State shall direct or delegate, and provide appropriate 
support to the Interagency Group.
    ``(2) The Office shall be headed by a Director designated by the 
Secretary of State, to whom the Secretaries of State, Defense, and the 
Interior may, to the extent permitted by law, delegate any or all of 
their respective authorities and responsibilities as described in this 
Order, including the authority to supervise the United States 
representatives referred to in Section 4 of this Order. The Director 
shall serve as Executive Secretary of the Interagency Group.
    ``(3) Personnel additional to that provided by the Secretary of 
State may be detailed to the Office by the Executive departments and 
agencies that are members of the Interagency Group, and by other 
agencies as appropriate. Executive departments and agencies shall, to 
the extent permitted by law, provide such information, advice, and 
administrative services and facilities as may be necessary for the 
fulfillment of the functions of the Office.''.
---------------------------------------------------------------------------
    (2) \1\ The Secretaries of Defense and Interior may, to the 
extent permitted by law, delegate any or all of their 
respective authorities and responsibilities as described in 
this Order to the Secretary of States or his or her designee. 
The Secretary of State or his or her designee shall serve as 
Executive Secretary of the Interagency Group.
    (3) \1\ Personnel additional to that provided by the 
Secretary of State may be detailed to the Department of State 
by the Executive departments and agencies that are members of 
the Interagency Group, and by other agencies as appropriate. 
Executive departments and agencies shall, to the extent 
permitted by law, provided such information, advice, and 
administrative services and facilities to the Secretary of 
State as may be necessary to conduct United States relations 
with the Freely Associated States.
    Sec. 4. United States Representatives to the Freely 
Associated States. The United States Representatives assigned 
to a Freely Associated State in accordance with Article V of 
Title One of the Compact shall represent the Government of the 
United States in an official capacity in that Freely Associated 
State, and shall supervise the actions of any Executive 
department or agency personnel assigned permanently or 
temporarily to that Freely Associated State.
    Sec. 5.\2\ Cooperation among Executive Departments and 
Agencies. All Executive departments and agencies shall 
cooperate in the effectuation of the provisions of this Order. 
The Interagency Group and the Secretary of State shall 
facilitate such cooperative measures. Nothing in this Order 
shall be construed to impair the authority and responsibility 
of the Secretary of Defense for security and defense matters in 
or relating to the Freely Associated States.
---------------------------------------------------------------------------
    \2\ Sec. 2 of Executive Order 12877 (November 3, 1993; 58 F.R. 
59159) amended and restated sec. 5, which formerly read as follows:
    ``Sec. 5. Cooperation among Executive Departments and Agencies. All 
Executive departments and agencies shall cooperate in the effectuation 
of the provisions of this Order. The Interagency Group and Office of 
Freely Associated State Affairs shall facilitate such cooperative 
measures. Nothing in this Order shall be construed to impair the 
authority and responsibility of the Secretary of Defense for security 
and defense matters in or relating to the Freely Associated State.''.
---------------------------------------------------------------------------
    Sec. 6. Delegation to the Secretary of the Interior. The 
following authorities are delegated to the Secretary of the 
Interior:
    (a) Reporting to the Congress on economic development plans 
prepared by the Government of the Federated States of 
Micronesia and the Government of the Marshall Islands, pursuant 
to sections 102(b) and 103(b) of the Act;
    (b) The determination required by section 103(e) of the Act 
concerning the qualifications of the investment management firm 
selected by the Government of the Marshall Islands;
    (c) Reporting to the Congress with respect to the impact of 
the Compact of Free Association on the United States 
territories and commonwealths and on the State of Hawaii, 
pursuant to section 104(e)(2) of the Act; and
    (d) Causing an annual audit to be conducted of the annual 
financial statements of the Government of the Federated States 
of Micronesia and the Government of the Marshall Islands, 
pursuant to section 110(b) of the Act.
    Sec. 7. Delegation to the Secretary of State. The following 
authorities are delegated to the Secretary of State:
    (a) Reporting to the Congress on crimes in the Federated 
States of Micronesia and the Marshall Islands which have an 
impact upon United States jurisdictions, pursuant to sections 
102(a)(4) and 103(a)(4) of the Act;
    (b) Submitting the certification and report to the Congress 
for purposes of section 5 of the Fishermen's Protective Act of 
1967, pursuant to section 104(f)(3) of the Act; and
    (c) Reporting, with the concurrence of the Secretary of 
Defense, to the Congress on determinations made regarding 
security and defense, pursuant to section 105(q) of the Act.
    Sec. 8. Supersession and Saving Provisions.
    (a) Subject to the provisions of Section 9 of this Order, 
prior Executive orders concerning the former Trust Territory of 
the Pacific Islands are hereby superseded and rendered 
inapplicable, except that the authority of the Secretary of the 
Interior as provided in applicable provisions of Executive 
Order No. 11021, as amended, shall remain in effect, in a 
manner consistent with this Order and pursuant to section 
105(c)(2) of the Act, to terminate the trust territory 
government and discharge its responsibilities, at which time 
the entirety of Executive Order No. 11021 shall be superseded.
    (b) Nothing in this Order shall be construed as modifying 
the rights or obligations of the United States under the 
provisions of the Compact or as affecting or modifying the 
responsibility of the Secretary of State and the Attorney 
General to interpret the rights and obligations of the United 
States arising out of or concerning the Compact.
    Sec. 9. Effective Date. This Order shall become effective 
with respect to a Freely Associated State simultaneously with 
the entry into force of the Compact for that State.
      k. Placing Into Full Force and Effect the Covenant With the 
Commonwealth of the Northern Mariana Islands, and the Compacts of Free 
Association With the Federated States of Micronesia and the Republic of 
                          the Marshall Islands

 Proclamation 5564, November 3, 1986, 51 F.R. 40399, 48 F.R. 1801 note

    Since July 18, 1947, the United States has administered the 
United Nations Trust Territory of the Pacific Islands (``Trust 
Territory''), which includes the Northern Mariana Islands, the 
Federated States of Micronesia, the Marshall Islands, and 
Palau.
    On February 15, 1975, after extensive status negotiations, 
the United States and the Marianas Political Status Commission 
concluded a Covenant to establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United 
States (``Covenant''). Sections 101, 1002, and 1003(c) of the 
Covenant provide that the Northern Mariana Islands will become 
a self-governing Commonwealth in political union with and under 
the sovereignty of the United States. This Covenant was 
approved by the Congress by Public Law 94-241 of March 24, 
1976, 90 Stat. 263. Although many sections of the Covenant 
became effective in 1976 and 1978, certain sections have not 
previously entered into force.
    On October 1, 1982, the Government of the United States and 
the Government of the Federated States of Micronesia concluded 
a Compact of Free Association, establishing a relationship of 
Free Association between the two Governments. On June 25, 1983, 
the Government of the United States and the Government of the 
Marshall Islands concluded a compact of Free Association, 
establishing a relationship of Free Association between the two 
Governments. Pursuant to Sections 111 and 121 of the Compacts, 
the Federated States of Micronesia and the Republic of the 
Marshall Islands become self-governing and have the right to 
conduct foreign affairs in their own name and right upon the 
effective date of their respective Compacts. Each Compact comes 
into effect upon (1) mutual agreement between the Government of 
the United States, acting in fulfillment of its 
responsibilities as Administering Authority of the Trust 
Territory of the Pacific Islands, and the other Government; (2) 
the approval of the Compact by the two Governments, in 
accordance with their constitutional processes; and (3) the 
conduct of a plebiscite in that jurisdiction. In the Federated 
States of Micronesia, the Compact has been approved by the 
Government in accordance with its constitutional processes, and 
in a United Nations-observed plebiscite on June 21, 1983, a 
sovereign act of self-determination. In the Marshall Islands, 
the Compact has been approved by the Government in accordance 
with its constitutional processes, and in a United Nations-
observed plebiscite on September 7, 1983, a sovereign act of 
self-determination. In the United States the Compacts have been 
approved by Public law 99-239 of January 14, 1986, 99 Stat. 
1770.
    On January 10, 1986, the Government of the United States 
and the Government of the Republic of Palau concluded a Compact 
of Free Association, establishing a similar relationship of 
Free Association between the two Governments. On October 16, 
1986, the Congress of the United States approved the Compact of 
Free Association with the Republic of Palau. In the Republic of 
Palau, the Compact approval process has not yet been completed. 
Until the future political status of Palau is resolved, the 
United States will continue to discharge its responsibilities 
in Palau as Administering Authority under the Trusteeship 
Agreement.
    On May 28, 1986, the Trusteeship Council of the United 
Nations concluded that the Government of the United States had 
satisfactorily discharged its obligations as the Administering 
Authority under the terms of the Trusteeship Agreement and that 
the people of the Northern Mariana Islands, the Federated 
States of Micronesia, and the Republic of the Marshall Islands 
had freely exercised their right to self-determination, and 
considered that it was appropriate for that Agreement to be 
terminated. The Council asked the United States to consult with 
the governments concerned to agree on a date for entry into 
force of their respective new status agreements.
    On October 15, 1986, the Government of the United States 
and the Government of the Republic of the Marshall Islands 
agreed, pursuant to Section 411 of the Compact of Free 
Association, that as between the United States and the Republic 
of the Marshall Islands, the effective date of the Compact 
shall be October 21, 1986.
    On October 24, 1986, the Government of the United States 
and the Government of the Federated States of Micronesia 
agreed, pursuant to Section 411 of the Compact of Free 
Association, that as between the United States and the 
Federated States of Micronesia, the effective date of the 
Compact shall be November 3, 1986.
    On October 24, 1986, the United States advised the 
Secretary General of the United Nations that, as a consequence 
of consultations held between the United States Government and 
the Government of the Marshall Islands, agreement had been 
reached that the Compact of Free Association with the Marshall 
Islands entered fully into force on October 21, 1986. The 
United States further advised the Secretary General that, as a 
result of consultations with their governments, agreement had 
been reached that the Compact of Free Association with the 
Federated States of Micronesia and the Covenant with the 
Commonwealth of the Northern Mariana Islands would enter into 
force on November 3, 1986.
    As of this day, November 3, 1986, the United States has 
fulfilled its obligations under the Trusteeship Agreement with 
respect to the Commonwealth of the Northern Mariana Islands, 
the Republic of the Marshall Islands, and the Federated States 
of Micronesia, and they are self-governing and no longer 
subject to the Trusteeship. In taking these actions, the United 
States is implementing the freely expressed wishes of the 
peoples of the Northern Mariana Islands, the Federated States 
of Micronesia, and the Marshall Islands.
    NOW, THEREFORE, I, RONALD REAGAN, by the authority vested 
in me as President by the Constitution and laws of the United 
States of America, including Section 1002 of the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America, and Sections 
101 and 102 of the Joint Resolution to approve the ``Compact of 
Free Association'', and for other purposes approved on January 
14, 1986 (Public Law 99-239), do hereby find, declare, and 
proclaim as follows:
    Section 1. I determine that the Trusteeship Agreement for 
the Pacific Islands is no longer in effect as of October 21, 
1986, with respect to the Republic of the Marshall Islands, as 
of November 3, 1986, with respect to the Federated States of 
Micronesia, and as of November 3, 1986, with respect to the 
Northern Mariana Islands. This constitutes the determination 
referred to in Section 1002 of the Covenant.
    Sec. 2. (a) Sections 101, 104, 301, 302, 303, 506, 806, and 
904 of the Covenant are effective as of 12:01 a.m., November 4, 
1986, Northern Mariana Islands local time.
    (b) The Commonwealth of the Northern Mariana Islands in 
political union with and under the sovereignty of the United 
States of America is fully established on the date and at the 
time specified in Section 2(a) of this Proclamation.
    (c) The domiciliaries of the Northern Mariana Islands are 
citizens of the United States to the extent provided for in 
Sections 301 through 303 of the Covenant on the date and at the 
time specified in this Proclamation.
    (d) I welcome the Commonwealth of the Northern Mariana 
Islands into the American family and congratulate our new 
fellow citizens.
    Sec. 3. (a) The Compact of Free Association with the 
Republic of the Marshall Islands is in full force and effect as 
of October 21, 1986, and the Compact of Free Association with 
the Federated States of Micronesia is in full force and effect 
as of November 3, 1986.
    (b) I am gratified that the people of the Federated States 
of Micronesia and the Republic of the Marshall Islands, after 
nearly forty years of Trusteeship, have freely chosen to 
establish a relationship of Free Association with the United 
States.
    IN WITNESS WHEREOF, I have hereunto set my hand this third 
day of November, in the year of our Lord nineteen hundred and 
eighty-six, and of the Independence of the United States of 
America the two hundred and eleventh.
 l. Placing Into Full Force and Effect the Compact of Free Association 
                       With the Republic of Palau

 Proclamation 6726, September 27, 1994, 59 F.R. 49777, 48 U.S.C. 1931 
                                  note

    Since July 18, 1947, the United States has administered the 
United Nations Trust Territory of the Pacific Islands (``Trust 
Territory''), which has included the Northern Mariana Islands, 
the Federated States of Micronesia, the Marshall Islands, and 
Palau.
    On November 3, 1986, a Covenant between the United States 
and the Northern Mariana Islands came into force. This Covenant 
established the Commonwealth of the Northern Mariana Islands as 
a self-governing Commonwealth in political union with and under 
the sovereignty of the United States.
    On October 21, 1986, in the case of the Republic of the 
Marshall Islands, and on November 3, 1986, in the case of the 
Federated States of Micronesia, Compacts of Free Association 
with the United States became effective. Under the Compacts, 
the Federated States of Micronesia and the Republic of the 
Marshall Islands became self-governing sovereign states, in 
free association with the United states. Following the changes 
in political status of the Northern Mariana Islands, the 
Marshall Islands, and the Federated States of Micronesia, the 
Trusteeship Agreement ceased to be applicable to those entities 
and only Palau remained as a Trust Territory of the Pacific 
Islands.
    On January 10, 1986, the Government of the United States 
and the Government of the Republic of Palau concluded a Compact 
of Free Association similar to those that the United States 
entered into with the Republic of the Marshall Islands and with 
the Federated States of Micronesia. As in those instances, it 
was specified that the Compact with Palau would come into 
effect upon (1) mutual agreement between the Government of the 
United States, acting in fulfillment of its responsibilities as 
Administering Authority of the Trust Territory of the Pacific 
Islands, and the Government of Palau; (2) the approval of the 
Compact by the two Governments, in accordance with their 
constitutional processes; and (3) the approval of the Compact 
by plebiscite in Palau.
    In Palau the Compact has been approved by the Government in 
accordance with its constitutional processes and by a United 
Nations-observed plebiscite on November 9, 1993, a sovereign 
act of self-determination. In the United States the Compact was 
approved by Public Law 99-658 of November 14, 1986, and Public 
Law 101-219 of December 12, 1989.
    On May 25, 1994, the Trusteeship Council of the United 
Nations concluded that the Government of the United States had 
satisfactorily discharged its obligations as the Administering 
Authority under the terms of the Trusteeship Agreement and that 
the people of Palau had freely exercised their right to self-
determination and considered that it was appropriate for the 
Trusteeship Agreement to be terminated. The Council asked the 
United States to consult with the Government of Palau and to 
agree on a date, on or about October 1, 1994, for entry into 
force of their new status agreement.
    On July 15, 1994, the Government of the United States and 
the Government of the Republic of Palau agreed, pursuant to 
Section 411 of the Compact of Free Association, that as between 
the United States and the Republic of Palau, the effective date 
of the Compact shall be October 1, 1994.
    As of this day, September 27, 1994, the United States has 
fulfilled its obligations under the Trusteeship Agreement with 
respect to the Republic of Palau. On October 1, 1994, the 
Compact will enter into force between the United States and the 
Republic of Palau, and Palau will thereafter be self-governing 
and no longer subject to the Trusteeship. In taking these 
actions, the United States is implementing the freely expressed 
wishes of the people of Palau.
    NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the 
United States of America, by the authority vested in me by the 
Constitution and laws of the United States, including sections 
101 and 102 of the Joint Resolution to approve the ``Compact of 
Free Association'' between the United States and the Government 
of Palau, and for other purposes, approved on November 14, 1986 
(Public Law 99-658), and section 101 of the Joint Resolution to 
authorize entry into force of the Compact of Free Association 
between the united states and the Government of Palau, and for 
other purposes, approved on December 12, 1989 (Public Law 101-
219), and pursuant to section 1002 of the Covenant to Establish 
a commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America, and consistent with 
sections 101 and 102 of the Joint Resolution to approve the 
``Compact of Free Association'' and for other purposes, 
approved on January 14, 1986 (Public Law 99-239), do hereby 
find, declare, and proclaim as follows:
    Section 1. I determine that the Trusteeship Agreement for 
the Pacific Islands will be no longer in effect with respect to 
the Republic of Palau as of October 1, 1994, at one minute past 
one o'clock p.m. local time in Palau. This constitutes the 
determination referred to in section 1002 of the Covenant with 
the Northern Mariana Islands (Public Law 94-241).
    Sec. 2 The Compact of Free Association with the Republic of 
Palau will be in full force and effect as of October 1, 1994, 
at one minute past one o'clock p.m. local time in Palau.
    Sec. 3. I am gratified that the people of the Republic of 
Palau, after 47 years of Trusteeship, have freely chosen to 
establish a relationship of Free Association with the United 
States.
    IN WITNESS WHEREOF, I have hereunto set my hand this 
twenty-seventh day of September, in the year of our Lord 
nineteen hundred and ninety-four, and of the Independence of 
the United States of America the two hundred and nineteenth.
                   5. Registration of Foreign Agents

       a. Foreign Agents Registration Act of 1938, as amended \1\

             Part I--Registration of Foreign Propagandists

Public Law 75-583 [H.R. 1591], 52 Stat. 631, approved June 8, 1938; as 
   amended by Public Law 76-319 [H.R. 5988], 53 Stat. 1244, approved 
  August 7, 1939; Public Law 77-532 [S. 2399], 56 Stat. 248, approved 
 April 29, 1942; Public Law 81-642 [H.R. 4386], 64 Stat. 399, approved 
  August 3, 1950; Public Law 82-414 [H.R. 5678], 66 Stat. 163 at 276, 
  approved June 27, 1952; Public Law 87-366 [H.R. 470], 75 Stat. 784, 
  approved October 4, 1961; Public Law 89-486 [S. 693], 80 Stat. 244, 
approved July 4, 1966; Public Law 91-375 [H.R. 17070], 84 Stat. 719 at 
782, approved August 12, 1970; Public Law 98-620 [H.R. 6163], 98 Stat. 
 3335 at 3359, approved November 11, 1984; Public Law 104-65 [Lobbying 
Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved December 19, 
  1995; Public Law 104-208 [Illegal Immigration Reform and Immigrant 
   Responsibility Act of 1996; division C of title II of the Omnibus 
 Consolidated Appropriations Act for Fiscal Year 1997; H.R. 3610], 110 
    Stat. 3009, approved September 30, 1996; and Public Law 105-166 
  [Lobbying Disclosure Technical Amendments Act of 1998; S. 758], 112 
                    Stat. 38, approved April 6, 1998

   AN ACT To require the registration of certain persons employed by 
 agencies to disseminate propaganda in the United States and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That it is 
hereby declared to be the policy and purpose of this Act to 
protect the national defense, internal security, and foreign 
relations of the United States by requiring public disclosure 
by persons engaging in propaganda activities and other 
activities for or on behalf of foreign governments, foreign 
political parties, and other foreign principals so that the 
government and the people of the United States may be informed 
of the identity of such persons and may appraise their 
statements and actions in light of their associations and 
activities.\2\
---------------------------------------------------------------------------
    \1\ The Foreign Agents Registration Act of 1938, as amended, will 
be referred to as the FAR Act and ``this Act'' in footnotes.
    \2\ The Act of April 29, 1942 (56 Stat. 248) added the declaration 
of policy and purpose.
---------------------------------------------------------------------------
    Section 1.\3\ Definitions.\4\--Used in and for the purposes 
of this Act--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 611.
    \4\ The Act of August 7, 1939 (53 Stat. 1244); the Act of January 
24, 1942 (56 Stat. 248), and the Act of July 4, 1966 (80 Stat. 244), 
generally redefined the terms of this Act.
---------------------------------------------------------------------------
    (a) The term ``person'' includes an individual, 
partnership, association, corporation, organization, or any 
other combination of individuals;
    (b) \5\ The term ``foreign principal'' includes--
---------------------------------------------------------------------------
    \5\ Public Law 89-486 (80 Stat. 244) amended and restated subsec. 
(b).
---------------------------------------------------------------------------
          (1) a government of a foreign country and a foreign 
        political party;
          (2) a person outside of the United States, unless it 
        is established that such person is an individual and a 
        citizen of and domiciled within the United States, or 
        that such person is not an individual and is organized 
        under or created by the laws of the United States or of 
        any State or other place subject to the jurisdiction of 
        the United States and has its principal place of 
        business within the United States; and
          (3) a partnership, association, corporation, 
        organization or other combination of persons organized 
        under the laws of or having its principal place of 
        business in a foreign country.
    (c) \6\ Except as provided in subsection (d) hereof, the 
term ``agent of a foreign principal'' means--
---------------------------------------------------------------------------
    \6\ Public Law 89-486 (80 Stat. 244) deleted paras. (3) and (4). 
The Act of August 1, 1956 (70 Stat. 899) deleted para. (5) which had 
been added by the Act of September 23, 1950 (64 Stat. 1005). The 
subject of para. (5) is now covered by 50 U.S.C. 851-858.
---------------------------------------------------------------------------
          (1) any person who acts as an agent, representative, 
        employee, or servant, or any person who acts in any 
        other capacity at the order, request, or under the 
        direction or control, of a foreign principal or of a 
        person any of whose activities are directly or 
        indirectly supervised, directed, controlled, financed, 
        or subsidized in whole or in major part by a foreign 
        principal, and who directly or through any other 
        person--
                  (i) engages with the United States in 
                political activities for or in the interests of 
                such foreign principal;
                  (ii) acts within the United States as a 
                public relations counsel, publicity agent, 
                information-service employee or political 
                consultant for or in the interests of such 
                foreign principal;
                  (iii) within the United States solicits, 
                collects, disburses, or dispenses 
                contributions, loans, money, or other things of 
                value for or in the interest of such foreign 
                principal; or
                  (iv) within the United States represents the 
                interests of such foreign principal before any 
                agency or official of the Government of the 
                United States; and
          (2) any person who agrees, consents, assumes or 
        purports to act as, or who is or holds himself out to 
        be, whether or not pursuant to contractual 
        relationship, an agent of a foreign principal as 
        defined in clause (1) of this subsection.
    (d) \7\ The term ``agent of a foreign principal'' does not 
include any news or press service or association organized 
under the laws of the United States or of any State or other 
place subject to the jurisdiction of the United States, or any 
newspaper, magazine, periodical, or other publication for which 
there is on file with the United States Postal Service 
information in compliance with section 3611 of title 39 
published in the United States, solely by virtue of any bona 
fide news or journalistic activities, including the 
solicitation or acceptance of advertisements, subscriptions, or 
other compensation therefore, so long as it is at least 80 per 
centum beneficially owned by, and its officers and directors, 
if any, are citizens of the United States, and such news or 
press service or association, newspaper, magazine, periodical, 
or other publication, is not owned, directed, supervised, 
controlled, subsidized, or financed, and none of its policies 
are determined by any foreign principal defined in section 1(b) 
hereof, or by any agent of a foreign principal required to 
register under this Act;
---------------------------------------------------------------------------
    \7\ Public Law 89-486 (80 Stat. 244) amended and restated subsecs. 
(d) and (g), which had been added by the Act of April 29, 1942 (56 
Stat. 248).
---------------------------------------------------------------------------
    (e) \8\ The term ``government of a foreign country'' 
includes any person or group of persons exercising sovereign de 
facto or de jure political jurisdiction over any country, other 
than the United States, or over any part of such country, and 
includes any subdivision of any such group and any group or 
agency to which such sovereign de facto or de jure authority or 
functions are directly or indirectly delegated. Such term shall 
include any faction or body of insurgents within a country 
assuming to exercise governmental authority whether such 
faction or body of insurgents has or has not been recognized by 
the United States;
---------------------------------------------------------------------------
    \8\ The Act of April 29, 1942 (56 Stat. 248) added subsecs. (d) 
through (n).
---------------------------------------------------------------------------
    (f) \8\ The term ``foreign political party'' includes any 
organization or any other combination of individuals in a 
country other than the United States, or any unit or branch 
thereof, having for an aim or purpose, or which is engaged in 
any activity devoted in whole or in part to, the establishment, 
administration, control, or acquisition of administration or 
control, of a government of a foreign country or a subdivision 
thereof, or the furtherance or influencing of the political or 
public interests, policies, or relations of a government of a 
foreign country or a subdivision thereof;
    (g) \7\, \8\ The term ``public-relations 
counsel'' includes any person who engages directly or 
indirectly in informing, advising, or in any way representing a 
principal in any public relations matter pertaining to 
political or public interests, policies, or relations of such 
principal;
    (h) \8\ The term ``publicity agent'' includes any person 
who engages directly or indirectly in the publication or 
dissemination of oral, visual, graphic, written, or pictorial 
information or matter of any kind, including publication by 
means of advertising, books, periodicals, newspapers, lectures, 
broadcasts, motion pictures, or otherwise;
    (i) \8\ The term ``information-service employee'' includes 
any person who is engaged in furnishing, disseminating, or 
publishing accounts, descriptions, information, or data with 
respect to the political, industrial, employment, economic, 
social, cultural, or other benefits, advantages, facts, or 
conditions of any country other than the United States or of 
any government of a foreign country or of a foreign political 
party or of a partnership, association, corporation, 
organization, or other combination of individuals organized 
under the laws of, or having its principal place of business 
in, a foreign country;
    (j) \8\, \9\  * * * [Repealed--1995]
---------------------------------------------------------------------------
    \9\ Sec. 9(1)(A) of Public Law 104-65 (109 Stat. 699) struck out 
subsec. (j), which previously read as follows:
    ``(j) The term `political propaganda' includes any oral, visual, 
graphic, written, pictorial, or other communication or expression by 
any person (1) which is reasonably adapted to, or which the person 
disseminating the same believes will, or which he intends to, prevail 
upon, indoctrinate, covert, induce, or in any other way influence a 
recipient or any section of the public within the United States with 
reference to the political or public interests, policies, or relations 
of a government of a foreign country or a foreign political party or 
with reference to the foreign policies of the United States or promote 
in the United States racial, religious, or social dissensions, or (2) 
which advocates, advises, instigates, or promotes any racial, social, 
political, or religious disorder, civil riot, or other conflict 
involving the use of force or violence in any other American republic 
or the overthrow of any government or political subdivision of any 
other American republic by any means involving the use of force or 
violence. As used in this section 1(j) the term `disseminating' 
includes transmitting or causing to be transmitted in the United States 
mails or by any means or instrumentality of interstate or foreign 
commerce or offering or causing to be offered in the United States 
mails;''.
---------------------------------------------------------------------------
    (k) \8\ The term ``registration statement'' means the 
registration statement required to be filed with the Attorney 
General under section 2(a) hereof, and any supplements thereto 
required to be filed under section 2(b) hereof, and includes 
all documents and papers required to be filed therewith or 
amendatory thereof or supplemental thereto, whether attached 
thereto or incorporated therein by reference;
    (l) \8\ The term ``American republic'' includes any of the 
States which were signatory to the Final Act of the Second 
Meeting of the Ministers of Foreign Affairs of the American 
Republics at Habana, Cuba, July 30, 1940; \10\
---------------------------------------------------------------------------
    \10\ The Act of Habana, E.A.S. Doc. No. 199 is found at 54 Stat. 
2491. The 21 signatories were Honduras, Haiti, Costa Rica, Mexico, 
Argentina, Uruguay, Ecuador, Bolivia, Chile, Brazil, Cuba, Paraguay, 
Panama, Colombia, Venezuela, El Salvador, Dominican Republic, Peru, 
Nicaragua, Guatemala, and the United States of America.
---------------------------------------------------------------------------
    (m) \8\ The term ``United States,'' when used in a 
geographical sense includes the several States, the District of 
Columbia, the Territories, the Canal Zone, the insular 
possessions, and all other places now or hereafter subject to 
the civil or military jurisdiction of the United States; \11\
---------------------------------------------------------------------------
    \11\ Pursuant to Proclamation No. 2695 (11 F.R. 7517; 60 Stat. 
1352), granting independence to the Philippines, the words ``including 
the Philippine Islands'' were deleted from the definition of the United 
States.
---------------------------------------------------------------------------
    (n) \8\ The term ``prints'' means newspapers and 
periodicals, books, pamphlets, sheet music, visiting cards, 
address cards, printing proofs, engravings, photographs, 
pictures, drawings, plans, maps, patterns to be cut out, 
catalogs, prospectuses, advertisements, and printed, engraved, 
lithographed, or autographed notices of various kinds, and, in 
general, all impressions or reproductions obtained on paper or 
other material assimilable to paper, on parchment or on 
cardboard, by means of printing, engraving, lithography, 
autography, or any other easily recognizable mechanical 
process, with the exception of the copying press, stamps with 
movable or immovable type, and the typewriter.
    (o) \12\ The term ``political activities'' means any 
activity that the person engaging in believes will, or that the 
person intends to, in any way influence \13\ any agency or 
official of the Government of the United States or any section 
of the public within the United States with reference to 
formulating, adopting, or changing the domestic or foreign 
policies of the United States or with reference to the 
political or public interests, policies, or relations of a 
government of a foreign country or a foreign political party;
---------------------------------------------------------------------------
    \12\ The Act of July 4, 1966 (80 Stat. 244) added subsecs. (o) 
through (q). Subsequently, sec. 9(1)(D) of Public Law 104-65 (109 Stat. 
699) deleted subsec. (q).
    \13\ Sec. 9(1)(B) of Public Law 104-65 (109 Stat. 699) struck out 
``the dissemination of political propaganda and any other activity 
which the person engaging therein believes will, or which he intends 
to, prevail upon, indoctrinate, convert, induce, persuade, or in any 
other way influence'' and inserted in lieu thereof ``any activity that 
the person engaging in believes will, or that the person intends to, in 
any way influence''.
---------------------------------------------------------------------------
    (p) \12\ The term ``political consultant'' means any person 
who engages in informing or advising any other person with 
reference to the domestic or foreign policies of the United 
States or the political or public interest, policies, or 
relations of a foreign country or of a foreign political 
party.\14\
---------------------------------------------------------------------------
    \14\ Sec. 9(1)(C) and (D) of Public Law 104-65 (109 Stat. 699) 
replaced a semicolon at the end of subsec. (p) with a period, and 
struck out subsec. (q), which had formerly read as follows:
    ``(q) For the purpose of section (3)(d) hereof, activities in 
furtherance of the bona fide commercial, industrial or financial 
interests of a domestic person engaged in substantial commercial, 
industrial or financial operations in the United States shall not be 
deemed to serve predominantly a foreign interest because such 
activities also benefit the interests of a foreign person engaged in 
bona fide trade or commerce which is owned or controlled by, or which 
owns or controls, such domestic person: Provided, That (i) such foreign 
person is not, and such activities are not directly or indirectly 
supervised, directed, controlled, financed or subsidized in whole or in 
substantial part by, a government of a foreign country or a foreign 
political party, (ii) the identity of such foreign person is disclosed 
to the agency or official of the United States with whom such 
activities are conducted, and (iii) whenever such foreign person owns 
or controls such domestic person, such activities are substantially in 
furtherance of the bona fide commercial, industrial or financial 
interests of such domestic person.''.
---------------------------------------------------------------------------
    (q) \14\ * * * [Repealed--1995]
    Sec. 2.\15\ Registration.--(a) No person shall act as an 
agent of a foreign principal unless he has filed with the 
Attorney General \16\ a true and complete registration 
statement and supplements thereto as required by this section 
2(a) and section 2(b) hereof or unless he is exempt from 
registration under the provisions of this Act. Except as 
hereinafter provided, every person who becomes an agent of a 
foreign principal shall, within ten days thereafter, file with 
the Attorney General, in duplicate, a registration statement, 
under oath on a form prescribed by the Attorney General. The 
obligation of an agent of a foreign principal to file a 
registration statement shall, after the tenth day of his 
becoming such agent, continue from day to day, and termination 
of such status shall not relieve such agent from his obligation 
to file a registration statement for the period during which he 
was an agent of a foreign principal. The registration statement 
shall include the following which shall be regarded as material 
for the purposes of this Act:
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 612. The Act of July 4, 1966 (80 Stat. 244 at 245) 
amended and restated sec. 2. Previously, Public Law 81-642 (64 Stat. 
400) amended and restated sec. 2.
    \16\ Pursuant to sec. 2 of the Act of April 29, 1942 (56 Stat. 
251), and by virtue of Executive Order 9176 (7 F.R. 4127), effective 
June 1, 1942, registration functions under this Act were transferred 
from the Secretary of State to the Attorney General. Under 18 U.S.C. 
951, it is a criminal offense for one, other than a diplomatic or 
consular officer, to act as a foreign agent without prior notification 
to the Secretary of State.
---------------------------------------------------------------------------
          (1) \17\ Registrant's name, principal business 
        address, and all other business addresses in the United 
        States or elsewhere, and all residence addresses, if 
        any;
---------------------------------------------------------------------------
    \17\ The Act of April 29, 1942 (56 Stat. 249) added paras. (1) 
through (11).
---------------------------------------------------------------------------
          (2) \17\ Status of the registrant; if an individual, 
        nationality; if a partnership, name, residence 
        addresses, and nationality of each partner and a true 
        and complete copy of its articles of copartnership; if 
        an association, corporation, organization, or any other 
        combination of individuals, the name, residence 
        addresses, and nationality of each director and officer 
        and of each person performing the functions of a 
        director or officer and a true and complete copy of its 
        charter, articles of incorporation, association, 
        constitution, and bylaws, and amendments thereto; a 
        copy of every other instrument or document and a 
        statement of the terms and conditions of every oral 
        agreement relating to its organization, powers, and 
        purposes; and a statement of its ownership and control;
          (3) \17\ A comprehensive statement of the nature of 
        registrant's business; a complete list of registrant's 
        employees and a statement of the nature of the work of 
        each; \18\ the name and address of every foreign 
        principal for whom the registrant is acting, assuming 
        or purporting to act or has agreed to act; the 
        character of the business or other activities of every 
        such foreign principal, and, if any such foreign 
        principal be other than a natural person, a statement 
        of the ownership and control of each; and the extent, 
        if any, to which each such foreign principal is 
        supervised, directed, owned, controlled, financed, or 
        subsidized, in whole or in part, by any government of a 
        foreign country or foreign political party, or by any 
        other foreign principal;
---------------------------------------------------------------------------
    \18\ The Act of July 4, 1966 (80 Stat. 244, 245) deleted ``unless, 
and to the extent, this requirement is waived in writing by the 
Attorney General;'' which previously appeared at this point.
---------------------------------------------------------------------------
          (4) \17\ Copies of each written agreement, and the 
        terms and conditions of each oral agreement, including 
        all modifications of such agreements, or, where no 
        contract exists, a full statement of all the 
        circumstances, by reason of which the registrant is an 
        agent of a foreign principal; a comprehensive statement 
        of the nature and method of performance of each such 
        contract, and of the existing and proposed activity or 
        activities engaged in or to be engaged in by the 
        registrant as agent of a foreign principal for each 
        such foreign principal, including a detailed statement 
        of any such activity which is a political activity; 
        \19\
---------------------------------------------------------------------------
    \19\ The Act of July 4, 1966 (80 Stat. 244, 245) inserted 
``including a detailed statement of any such activity which is a 
political activity''.
---------------------------------------------------------------------------
          (5) \17\ The nature and amount of contributions, 
        income, money, or thing of value, if any, that the 
        registrant has received within the preceding sixty days 
        from each such foreign principal, either as 
        compensation or for disbursement or otherwise, and the 
        form and time of each such payment and from whom 
        received;
          (6) \17\ A detailed statement of every activity which 
        the registrant is performing or is assuming or 
        purporting or has agreed to perform for himself or any 
        other person other than a foreign principal and which 
        requires his registration hereunder, including a 
        detailed statement of any such activity which is a 
        political activity; \19\
          (7) \17\, \20\ The name, business, and 
        residence addresses, and if an individual, the 
        nationality, of any person other than a foreign 
        principal for whom the registrant is acting, assuming 
        or purporting to act or has agreed to act under such 
        circumstances as require his registration hereunder; 
        the extent to which each such person is supervised, 
        directed, owned, controlled, financed, or subsidized, 
        in whole or in part, by any government of a foreign 
        country or foreign political party or by any other 
        foreign principal; and the nature and amount of 
        contributions, income, money, or thing of value, if 
        any, that the registrant has received during the 
        preceding sixty days from each such person in 
        connection with any of the activities referred to in 
        clause (6) of this subsection, either as compensation 
        or for disbursement or otherwise, and the form and time 
        of each such payment and from whom received;
---------------------------------------------------------------------------
    \20\ The Act of July 4, 1966 (80 Stat. 244, 245-246) amended and 
restated para. (7).
---------------------------------------------------------------------------
          (8) \17\ A detailed statement of the money and other 
        things of value spent or disposed of by the registrant 
        during the preceding sixty days in furtherance of or in 
        connection with activities which require his 
        registration hereunder and which have been undertaken 
        by him either as an agent of a foreign principal or for 
        himself or any other person or in connection with any 
        activities relating to his becoming an agent of such 
        principal, and a detailed statement of any 
        contributions of money or other things of value made by 
        him during the preceding sixty days (other than 
        contributions the making of which is prohibited under 
        the terms of section 613 \21\ of Title 18, United 
        States Code) in connection with an election to any 
        political office or in connection with any primary 
        election, convention, or caucus held to select 
        candidates for any political office;
---------------------------------------------------------------------------
    \21\ Public Law 94-283 (90 Stat. 496) repealed sec. 613.
---------------------------------------------------------------------------
          (9) \17\ Copies of each written agreement and the 
        terms and conditions of each oral agreement, including 
        all modifications of such agreements, or, where no 
        contract exists, a full statement of all the 
        circumstances, by reason of which the registrant is 
        performing or assuming or purporting or has agreed to 
        perform for himself or for a foreign principal or for 
        any person other than a foreign principal any 
        activities which require his registration hereunder;
          (10) \17\ Such other statements, information, or 
        documents pertinent to the purposes of this Act as the 
        Attorney General, having due regard for the national 
        security and the public interests, may from time to 
        time require;
          (11) \17\ Such further statements and such further 
        copies of documents as are necessary to make the 
        statements made in the registration statement and 
        supplements thereto, and the copies of documents 
        furnished therewith, not misleading.
    (b) \22\ Every agent of a foreign principal who has filed a 
registration statement required by section 2(a) hereof shall, 
within thirty days after the expiration of each period of six 
months succeeding such filing, file with the Attorney General a 
supplement thereto under oath, on a form prescribed by the 
Attorney General, which shall set forth with respect to such 
preceding six months' period such facts as the Attorney 
General, having due regard for the national security and the 
public interest, may deem necessary to make the information 
required under section 2 hereof accurate, complete, and current 
with respect to such period. In connection with the information 
furnished under clauses (3), (4), and (9) of section 2(a) 
hereof, the registrant shall give notice to the Attorney 
General of any changes therein within ten days after such 
changes occur. If the Attorney General, having due regard for 
the national security and the public interest, determines that 
it is necessary to carry out the purposes of this Act, he may, 
in any particular case, require supplements to the registration 
statement to be filed at more frequent intervals in respect to 
all or particular items of information to be furnished.
---------------------------------------------------------------------------
    \22\ Public Law 77-352 (56 Stat. 248) amended and restated subsecs. 
(b), (d), and (e).
---------------------------------------------------------------------------
    (c) The registration statement and supplements thereto 
shall be executed under oath as follows: If the registrant is 
an individual, by him; if the registrant is a partnership, by 
the majority of the members thereof; if the registrant is a 
person other than an individual or a partnership, by a majority 
of the officers thereof or persons performing the functions of 
officers or by a majority of the board of directors thereof or 
persons performing the functions of directors, if any.
    (d) \22\ The fact that a registration statement or 
supplement thereto has been filed shall not necessarily be 
deemed a full compliance with this Act and the regulations 
thereunder on the part of the registrant; nor shall it indicate 
that the Attorney General has in any way passed upon the merits 
of such registration statement or supplement thereto; nor shall 
it preclude prosecution, as provided for in this Act, for a 
willful failure to file a registration statement or supplement 
thereto when due or for willful false statement of a material 
fact therein or the willful omission of a material fact 
required to be stated therein or the willful omission of a 
material fact or copy of a material document necessary to make 
the statements made in a registration statement and supplements 
thereto, and the copies of documents furnished therewith, not 
misleading.
    (e) \22\ If any agent of a foreign principal, required to 
register under the provisions of this Act, has previously 
thereto registered with the Attorney General under the 
provisions of section 2386 of title 18,\23\ the Attorney 
General, in order to eliminate inappropriate duplication, may 
permit the incorporation by reference in the registration 
statement or supplements thereto filed hereunder of any 
information or documents previously filed by such agent of a 
foreign principal under the provisions of said section.\23\
---------------------------------------------------------------------------
    \23\ The Act of June 25, 1948 (62 Stat. 838), struck out ``sections 
14 to 17 of title 18'' and inserted in lieu thereof ``section 2386 of 
title 18''.
---------------------------------------------------------------------------
    (f) \24\ The Attorney General may, by regulation, provide 
for the exemption--
---------------------------------------------------------------------------
    \24\ The Act of July 4, 1966 (80 Stat. 244, 246) added subsec. (f).
---------------------------------------------------------------------------
          (1) from registration, or from the requirement of 
        furnishing any of the information required by this 
        section, of any person who is listed as a partner, 
        officer, director, or employee in the registration 
        statement filed by an agent of a foreign principal 
        under this Act, and
          (2) from the requirement of furnishing any of the 
        information required by this section of any agent of a 
        foreign principal,
where by reason of the nature of the functions or activities of 
such person the Attorney General, having due regard for the 
national security and public interest, determines that such 
registration, or the furnishing of such information, as the 
case may be, is not necessary to carry out the purposes of this 
Act.
    Sec. 3.\25\ Exemptions.--The requirements of section 2(a) 
hereof shall not apply to the following agents of foreign 
principals:
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 613. The Act of April 29, 1942 (56 Stat. 248) 
amended and restated sec. 3. Subsequently, the Act of July 4, 1966 (80 
Stat. 244, 246) further amended and restated sec. 3.
---------------------------------------------------------------------------
    (a) A duly accredited diplomatic or consular officer of a 
foreign government who is so recognized by the Department of 
State, while said officer is engaged exclusively in activities 
which are recognized by the Department of State as being within 
the scope of the functions of such officer;
    (b) Any official of a foreign government, if such 
government is recognized by the United States, who is not a 
public-relations counsel, publicity agent, information-service 
employee, or a citizen of the United States, whose name and 
status and the character of whose duties as such official are 
of public record in the Department of State, while said 
official is engaged exclusively in activities which are 
recognized by the Department of State as being within the scope 
of the functions of such official;
    (c) Any member of the staff of, or any person employed by, 
a duly accredited diplomatic or consular officer of a foreign 
government who is so recognized by the Department of State, 
other than a public-relations counsel, publicity agent, or 
information-service employee, whose name and status and the 
character of whose duties as such member or employee are of 
public record in the Department of State, while said member or 
employee is engaged exclusively in the performance of 
activities which are recognized by the Department of State as 
being within the scope of the functions of such member or 
employee;
    (d) \26\ Any person engaging or agreeing to engage only (1) 
in private and nonpolitical activities in furtherance of the 
bona fide trade or commerce of such foreign principal; or (2) 
in other activities not serving predominantly a foreign 
interest; or (3) in the soliciting or collecting of funds and 
contributions within the United States to be used only for 
medical aid and assistance, or for food and clothing to relieve 
human suffering, if such solicitation or collection of funds 
and contributions is in accordance with and subject to the 
provisions of the Act of November 4, 1939, as amended (54 Stat. 
4),\27\ and such rules and regulations as may be prescribed 
thereunder;
---------------------------------------------------------------------------
    \26\ The Act of October 4, 1961 (75 Stat. 784) amended and restated 
subsec. (d). Subsequently, the Act of July 4, 1966 (80 Stat. 244, 246) 
further amended and restated subsec. (d).
    \27\ 22 U.S.C. 441 though 457.
---------------------------------------------------------------------------
    (e) Any person engaging or agreeing to engage only in 
activities in furtherance of bona fide religious, scholastic, 
academic, or scientific pursuits or of the fine arts;
    (f) Any person, or employee of such person, whose foreign 
principal is a government of a foreign country the defense of 
which the President deems vital to the defense of the United 
States while, (1) such person or employee engages only in 
activities which are in furtherance of the policies, public 
interest, or national defense both of such government and of 
the Government of the United States, and are not intended to 
conflict with any of the domestic or foreign policies of the 
Government of the United States, (2) each communication or 
expression by such person or employee which he intends to, or 
has reason to believe will, be published, disseminated, or 
circulated among any section of the public, or portion thereof, 
within the United States, is a part of such activities and is 
believed by such person to be truthful and accurate and the 
identity of such person as an agent of such foreign principal 
is disclosed therein, and (3) such government of a foreign 
country furnishes to the Secretary of State for transmittal to, 
and retention for the duration of this Act by, the Attorney 
General such information as to the identity and activities of 
such person or employee at such times as the Attorney General 
may require. Upon notice to the government of which such person 
is an agent or to such person or employee, the Attorney 
General, having due regard for the public interest and national 
defense, may, with the approval of the Secretary of State, and 
shall, at the request of the Secretary of State, terminate in 
whole or in part the exemption herein of any such person or 
employee; \28\
---------------------------------------------------------------------------
    \28\ By letter dated September 30, 1946, the President withdrew 
from consideration all countries previously designated as entitled to 
the exemption provided by subsec. (f).
---------------------------------------------------------------------------
    (g) \29\ Any person qualified to practice law, insofar as 
he engages or agrees to engage in the legal representation of a 
disclosed foreign principal before any court of law or any 
agency of the Government of the United States: Provided, That 
for the purpose of this subsection legal representation does 
not include attempts to influence or persuade agency personnel 
or officials other than in the course of judicial proceedings, 
criminal or civil law enforcement inquiries, investigations, or 
proceedings, or agency proceedings required by statute or 
regulations to be conducted on the record.\30\
---------------------------------------------------------------------------
    \29\ The Act of July 4, 1966 (80 Stat. 244, 246) added subsec. (g).
    \30\ Sec. 9(2) of Public Law 104-65 (109 Stat. 700) struck out 
``established agency proceedings, whether formal or informal,'' and 
inserted in lieu thereof ``judicial proceedings, criminal or civil law 
enforcement inquiries, investigations, or proceedings, or agency 
proceedings required by statute or regulations to be conducted on the 
record.''.
---------------------------------------------------------------------------
    (h) \31\ Any agent of a person described in section 1(b)(2) 
or an entity described in section 1(b)(3) if the agent has 
engaged in lobbying activities and has registered \32\ under 
the Lobbying Disclosure Act of 1995 in connection with the 
agent's representation of such person or entity.
---------------------------------------------------------------------------
    \31\ Sec. 9(3) of Public Law 104-65 (109 Stat. 700) added subsec. 
(h).
    \32\ Sec. 5 of the Lobbying Disclosure Technical Amendments Act of 
1998 (Public Law 105-166; 112 Stat. 39) struck out ``agent is required 
to register and does register'' and inserted in lieu thereof ``has 
engaged in lobbying activities and has registered''.
---------------------------------------------------------------------------
    Sec. 4.\33\ Filing and Labeling of Political Propaganda.--
(a) Every person within the United States who is an agent of a 
foreign principal and required to register under the provisions 
of this Act and who transmits or causes to be transmitted in 
the United States mails or by any means or instrumentality of 
interstate or foreign commerce any informational materials \34\ 
for or in the interests of such foreign principal \35\ (i) in 
the form of prints, or (ii) in any other form which is 
reasonably adapted to being, or which he believes will be, or 
which he intends to be, disseminated or circulated among two or 
more persons shall, not later than forty-eight hours after the 
beginning of the transmittal thereof, file with the Attorney 
General two copies thereof.\36\
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 614. The Act of April 29, 1942 (56 Stat. 248, 254, 
and 255) amended and restated sec. 4.
    \34\ Sec. 9(4)(A) of Public Law 104-65 (109 Stat. 700) struck out 
``political propaganda'' and inserted in lieu thereof ``informational 
materials''.
    \35\ The Act of July 4, 1966 (80 Stat. 244, 246) inserted ``for or 
in the interests of such foreign principal''.
    \36\ The Act of July 4, 1966 (80 Stat. 244, 246) struck out ``sent 
to the Librarian of Congress two copies thereof and file with the 
Attorney General one copy thereof'' and inserted in lieu thereof ``file 
with the Attorney General two copies thereof''. Subsequently, sec. 
9(4)(B) of Public Law 104-65 (109 Stat. 700) struck out ``and a 
statement, duly signed by or on behalf of such agent, setting forth 
full information as to the places, times, and extent of such 
transmittal'' after ``thereof''.
---------------------------------------------------------------------------
    (b) It shall be unlawful for any person within the United 
States who is an agent of a foreign principal and required to 
register under the provisions of this Act to transmit or cause 
to be transmitted in the United States mails or by any means or 
instrumentality of interstate or foreign commerce any 
informational materials \37\ for or in the interests of such 
foreign principal without placing in such informational 
materials a conspicuous statement that the materials are 
distributed by the agent on behalf of the foreign principal, 
and that additional information is on file with the Department 
of Justice, Washington, District of Columbia. The Attorney 
General may by rule define what constitutes a conspicuous 
statement for the purposes of this subsection.\38\
---------------------------------------------------------------------------
    \37\ Sec. 9(5)(A) of Public Law 104-65 (109 Stat. 700) struck out 
``political propaganda'' and inserted in lieu thereof ``informational 
materials''.
    \38\ Sec. 9(5)(B) of Public Law 104-65 (109 Stat. 700) struck out 
``(i) in the form of prints, or (ii) in any other form which is 
reasonably adapted to being, or which he believes will be, or which he 
intends to be, disseminated or circulated among two or more persons, 
unless such political propaganda is conspicuously marked at its 
beginning with, or prefaced or accompanied by, a true and accurate 
statement, in the language or languages used in such political 
propaganda, setting forth the relationship or connection between the 
person transmitting the political propaganda or causing it to be 
transmitted and such propaganda; that the person transmitting such 
political propaganda or causing it to be transmitted is registered 
under this Act with the Department of Justice, Washington, District of 
Columbia, as an agent of a foreign principal, together with the name 
and address of such agent of a foreign principal and of such foreign 
principal; that, as required by this Act, his registration statement is 
available for inspection at and copies of such political propaganda are 
being filed with the Department of Justice; and that registration of 
agents of foreign principals required by the Act does not indicate 
approval by the United States Government of the contents of their 
political propaganda. The Attorney General, having due regard for the 
national security and the public interest, may by regulation prescribe 
the language or languages and the manner and form in which such 
statement shall be made and require the inclusion of such other 
information contained in the registration statement identifying such 
agent of a foreign principal and such political propaganda and its 
sources as may be appropriate.'', and inserted in lieu thereof the text 
to the end of the subsec., beginning at ``without placing in such''.
---------------------------------------------------------------------------
    (c) \39\ The copies of informational materials \40\ 
required by this Act to be filed with the Attorney General 
shall be available for public inspection under such regulations 
as he may prescribe.
---------------------------------------------------------------------------
    \39\ The Act of July 4, 1966 (80 Stat. 244 at 247) amended and 
restated subsec. (c).
    \40\ Sec. 9(6) of Public Law 104-65 (109 Stat. 700) struck out 
``political propaganda'' and inserted in lieu thereof ``informational 
materials''.
---------------------------------------------------------------------------
    (d) For purposes of the Library of Congress, other than for 
public distribution, the Secretary of the Treasury and the 
Postmaster General are authorized, upon the request of the 
Librarian of Congress, to forward to the Library of Congress 
fifty copies, or as many fewer thereof as are available, of all 
foreign prints determined to be prohibited entry under the 
provisions of section 305 of title III of the Act of June 17, 
1930 (46 Stat. 688),\41\ and of all foreign prints excluded 
from the mails under authority of section 1 of title XII of the 
Act of June 15, 1917 (40 Stat. 230).\42\
---------------------------------------------------------------------------
    \41\ 19 U.S.C. 1305.
    \42\ 18 U.S.C. 1717.
---------------------------------------------------------------------------
    Notwithstanding the provisions of section 305 of title III 
of the Act of June 17, 1930 (46 Stat. 688),\41\ and of section 
1 of title XII of the Act of June 15, 1917 (40 Stat. 230),\42\ 
the Secretary of the Treasury is authorized to permit the entry 
and the Postmaster General is authorized to permit the 
transmittal in the mails of foreign prints imported for 
governmental purposes by authority or for the use of the United 
States or for the use of the Library of Congress.
    (e) \43\ It shall be unlawful for any person within the 
United States who is an agent of a foreign principal required 
to register under the provisions of this Act to transmit, 
convey, or otherwise furnish to any agency or official of the 
Government (including a Member or committee of either House of 
Congress) for or in the interests of such foreign principal any 
political propaganda or to request from any such agency or 
official for or in the interest of such foreign principal any 
information or advice with respect to any matter pertaining to 
the political or public interests, policies or relations of a 
foreign country or of a political party or pertaining to the 
foreign or domestic policies of the United States unless the 
propaganda or the request is prefaced or accompanied by a true 
and accurate statement to the effect that such person is 
registered as an agent of such foreign principal under this 
Act.
---------------------------------------------------------------------------
    \43\ The Act of July 4, 1966 (80 Stat. 244 at 247) added subsecs. 
(e) and (f).
---------------------------------------------------------------------------
    (f) \43\ Whenever any agent of a foreign principal required 
to register under this Act appears before any committee of 
Congress to testify for or in the interests of such foreign 
principal, he shall, at the time of such appearance, furnish 
the committee with a copy of his most recent registration 
statement filed with the Department of Justice as an agent of 
such foreign principal for inclusion in the records of the 
committee as part of his testimony.
    Sec. 5.\44\ Books and Records.--Every agent of a foreign 
principal registered under this Act shall keep and preserve 
while he is an agent of a foreign principal such books of 
account and other records with respect to all his activities, 
the disclosure of which is required under the provisions of 
this Act, in accordance with such business and accounting 
practices,\45\ as the Attorney General having due regard for 
the national security and the public interest, may by 
regulation prescribe as necessary or appropriate for the 
enforcement of the provisions of this Act and shall preserve 
the same for a period of three years following the termination 
of such status. Until regulations are in effect under this 
section every agent of a foreign principal shall keep books of 
account and shall preserve all written records with respect to 
his activities. Such books and records shall be open at all 
reasonable times to the inspection of any official charged with 
the enforcement of this Act. It shall be unlawful for any 
person willfully to conceal, destroy, obliterate, mutilate, or 
falsify, or to attempt to conceal, destroy, obliterate, 
mutilate, or falsify, or to cause to be concealed, destroyed, 
obliterated, mutilated, or falsified, any books or records 
required to be kept under the provisions of this section.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 615. The Act of April 29, 1942 (56 Stat. 248) 
amended and restated sec. 5.
    \45\ Public Law 89-486 (80 Stat. 244) inserted ``in accordance with 
such business and accounting practices''.
---------------------------------------------------------------------------
    Sec. 6.\46\ Public Examination of Official Record.--(a) The 
Attorney General shall retain in permanent form one copy of all 
registration statements \47\ furnished until this Act, and the 
same shall be public records and open to public examination and 
inspection at such reasonable hours, under such regulations, as 
the Attorney General may prescribe, and copies of the same 
shall be furnished to every applicant at such reasonable fee as 
the Attorney General may prescribe. The Attorney General may 
withdraw from public examination the registration statement and 
other statements of any agent of a foreign principal whose 
activities have ceased to be of a character which requires 
registration under the provisions of this Act.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 616. The Act of April 29, 1942 (56 Stat. 248) 
amended and restated subsec. (a).
    \47\ Sec. 9(7)(A) of Public Law 104-65 (109 Stat. 700) struck out 
``and all statements concerning the distribution of political 
propaganda'' after ``all registration statements''.
---------------------------------------------------------------------------
    (b) \48\ The Attorney General shall, promptly upon receipt, 
transmit one copy of every registration statement filed 
hereunder and one copy of every amendment or supplement thereto 
\49\ filed hereunder to the Secretary of State for such comment 
and use as the Secretary of State may determine to be 
appropriate from the point of view of the foreign relations of 
the United States. Failure of the Attorney General so to 
transmit such copy shall not be a bar to prosecution under this 
Act.
---------------------------------------------------------------------------
    \48\ Public Law 89-486 (80 Stat. 244) added subsecs. (b) and (c).
    \49\ Sec. 9(7)(B) of Public Law 104-65 (109 Stat. 700) struck out 
``, and one copy of every item of political propaganda'' after 
``supplement thereto''.
---------------------------------------------------------------------------
    (c) \48\ The Attorney General is authorized to furnish to 
departments and agencies in the executive branch and committees 
of the Congress such information obtained by him in the 
administration of this Act, including the names of registrants 
under this Act, copies of registration statements, or parts 
thereof,\50\ or other documents or information filed under this 
Act, as may be appropriate in the light of the purposes of this 
Act.
---------------------------------------------------------------------------
    \50\ Sec. 9(7)(C) of Public Law 104-65 (109 Stat. 700) struck out 
``copies of political propaganda,'' after ``or parts thereof,''.
---------------------------------------------------------------------------
    Sec. 7.\51\ Liability of Officers.--Each officer, or person 
performing the functions of an officer, and each director or 
person performing the functions of a director, of an agent of a 
foreign principal which is not an individual shall be under 
obligation to cause such agent to execute and file a 
registration statement and supplements thereto as and when such 
filing is required under sections 2(a) and 2(b) hereof and 
shall also be under obligation to cause such agent to comply 
with all the requirements of sections 4(a), 4(b), and 5 and all 
other requirements of this Act. Dissolution of any organization 
acting as an agent of a foreign principal shall not relieve any 
officer, or person performing the functions of an officer, or 
any director, or person performing the functions of a director, 
from complying with the provisions of this section. In case of 
failure of any such agent of a foreign principal to comply with 
any of the requirements of this Act, each of its officers, or 
persons performing the functions of officers, and each of its 
directors, or persons performing the functions of directors, 
shall be subject to prosecution therefor.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 617. The Act of April 29, 1942 (56 Stat. 248) 
amended and restated sec. 7. Subsequently, sec. 2 of Public Law 81-642 
(64 Stat. 400) further amended and restated sec. 7.
---------------------------------------------------------------------------
    Sec. 8.\52\ Enforcement and Penalties.--(a) Any person 
who--
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 618. The Act of April 29, 1942 (56 Stat. 248) added 
sec. 8.
---------------------------------------------------------------------------
          (1) willfully violates any provisions of this Act or 
        any regulations thereunder, or
          (2) in any registration statement or supplement 
        thereto \53\ or in any other documents filed with or 
        furnished to the Attorney General under the provisions 
        of this Act willfully makes a false statement of a 
        material fact or willfully omits any material fact 
        required to be stated therein or willfully omits a 
        material fact or a copy of a material document 
        necessary to make the statements therein and the copies 
        of documents furnished therewith not misleading, shall, 
        upon conviction thereof, be punished by a fine of not 
        more than $10,000 or by imprisonment for not more than 
        five years, or both, except that in case of a violation 
        of subsection (b), (e), or (f) section 4 or of 
        subsection (g) or (h) of this section the punishment 
        shall be a fine of not more than $5,000 or imprisonment 
        for not more than six months, or both.\54\
---------------------------------------------------------------------------
    \53\ Sec. 9(8)(A) of Public Law 104-65 (109 Stat. 700) struck out 
``or in any statement under section 4(a) hereof concerning the 
distribution of political propaganda'' after ``supplement thereto''.
    \54\ Sec. 7(1) of Public Law 89-486 (80 Stat. 248) inserted 
``except that in case of a violation of subsection (b), (e), or (f) 
section 4 or of subsection (g) or (h) of this section the punishment 
shall be a fine of not more than $5,000 or imprisonment for not more 
than six months, or both''.
---------------------------------------------------------------------------
    (b) In any proceeding under this Act in which it is charged 
that a person is an agent of a foreign principal with respect 
to a foreign principal outside of the United States, proof of 
the specific identity of the foreign principal shall be 
permissible but not necessary.
    (c) \55\ Any alien who shall be convicted of a violation 
of, or a conspiracy to violate, any provisions of this Act or 
any regulation thereunder shall be subject to removal pursuant 
to chapter 4 of title II of the Immigration and Nationality 
Act.\56\
---------------------------------------------------------------------------
    \55\ Sec. 402(d) of the Immigration and Nationality Act of 1952 (66 
Stat. 276) amended and restated subsec. (c).
    \56\ Sec. 308(e)(19) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of title II of the 
Omnibus Consolidated Appropriations Act for Fiscal Year 1997; Public 
Law 104-208; 110 Stat. 3009) struck out ``deportation in the manner 
provided by sections 241-243 of the Immigration and Nationality Act of 
1952 (66 Stat. 204).'' and inserted in lieu thereof ``removal pursuant 
to chapter 4 of title II of the Immigration and Nationality Act.''.
---------------------------------------------------------------------------
    (d)\57\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \57\ Sec. 9(8)(B) of Public Law 104-65 (109 Stat. 700) struck out 
subsec. (d), which had previously read as follows:
    ``(d) The Postmaster General may declare to be nonmailable any 
communication or expression falling within clause (2) of section 1(j) 
hereof in the form of prints or in any other form reasonably adapted 
to, or reasonably appearing to be intended for, dissemination or 
circulation among two or more persons, which is offered or caused to be 
offered for transmittal in the United States mails to any person or 
persons in any other American republic by any agent of a foreign 
principal, if the Postmaster General is informed in writing by the 
Secretary of State that the duly accredited diplomatic representative 
of such American republic has made written representation to the 
Department of State that the admission or circulation of such 
communication or expression in such American republic is prohibited by 
the laws thereof and has requested in writing that its transmittal 
thereto be stopped.''.
---------------------------------------------------------------------------
    (e) \58\ Failure to file any such registration statement or 
supplements thereto as is required by either section 2(a) or 
section 2(b) shall be considered a continuing offense for as 
long as such failure exists, notwithstanding any statute of 
limitation or other statute to the contrary.
---------------------------------------------------------------------------
    \58\ The Act of September 23, 1950 (64 Stat. 1005) added subsec. 
(e).
---------------------------------------------------------------------------
    (f) \59\ Whenever in the judgment of the Attorney General 
any person is engaged in or about to engage in any acts which 
constitute or will constitute a violation of any provision of 
this Act, or regulations issued thereunder, or whenever any 
agent of a foreign principal fails to comply with any of the 
provisions of this Act or the regulations issued thereunder, or 
otherwise is in violation of the Act, the Attorney General may 
make application to the appropriate United States district 
court for an order enjoining such acts or enjoining such person 
from continuing to act as an agent of such foreign principal, 
or for an order requiring compliance with any appropriate 
provision of the Act or regulation thereunder. The district 
court shall have jurisdiction and authority to issue a 
temporary or permanent injunction, restraining order or such 
other order which it may deem proper.\60\
---------------------------------------------------------------------------
    \59\ The Act of July 4, 1966 (80 Stat. 244, 248) added subsecs. (f) 
through (h).
    \60\ Sec. 402(26) of Public Law 98-620 (98 Stat. 3359) deleted 
``The proceedings shall be made a preferred cause and shall be 
expedited in every way.'' which previously appeared at this point.
---------------------------------------------------------------------------
    (g) \59\ If the Attorney General determines that a 
registration statement does not comply with the requirements of 
this Act or the regulations issued thereunder, he shall so 
notify the registrant in writing, specifying in what respects 
the statement is deficient. It shall be unlawful for any person 
to act as an agent of a foreign principal at any time ten days 
or more after receipt of such notification without filing an 
amended registration statement in full compliance with the 
requirements of this Act and the regulations issued thereunder.
    (h) \59\ It shall be unlawful for any agent of a foreign 
principal required to register under this Act to be a party to 
any contract, agreement, or understanding, either expressed or 
implied, with such foreign principal pursuant to which the 
amount or payment of the compensation, fee, or other 
remuneration of such agent is contingent in whole or in part 
upon the success of any political activities carried on by such 
agent.
    Sec. 9. \61\ Applicability of Act.--This Act shall be 
applicable in the several States, the District of Columbia, the 
Territories, the Canal Zone, the insular possessions, and all 
other places now or hereafter subject to the civil or military 
jurisdiction of the United States.\62\
---------------------------------------------------------------------------
    \61\ 22 U.S.C. 619. The Act of April 29, 1942 (56 Stat. 257) added 
sec. 9.
    \62\ Pursuant to Proclamation No. 2695 (11 F.R. 7517; 60 Stat. 
1352), granting independence to the Philippines, the words ``including 
the Philippine Islands'' were deleted from the definition of the United 
States.
---------------------------------------------------------------------------
    Sec. 10.\63\, \64\ Rules and Regulations.--The 
Attorney General may at any time make, prescribe, amend, and 
rescind such rules, regulations, and forms as he may deem 
necessary to carry out the provisions of this Act.
---------------------------------------------------------------------------
    \63\ The Act of April 29, 1942 (56 Stat. 257) added secs. 10 
through 14.
    \64\ 22 U.S.C. 620.
---------------------------------------------------------------------------
    Sec. 11.\63\, \65\ Reports to the Congress.--The 
Attorney General shall every six months report to the Congress 
concerning administration of this Act, including registrations 
filed pursuant to the Act, and the nature, sources and content 
of political propaganda disseminated and distributed.
---------------------------------------------------------------------------
    \65\ 22 U.S.C. 621. Sec. 19 of Public Law 104-65 (109 Stat. 704) 
amended and restated sec. 11. Sec. 1(20) of Public Law 106-197 (114 
Stat. 246) provided that sec. 3003(a) of the Federal Reports 
Elimination and Sunset Act of 1995 would not apply to this reporting 
requirement.
---------------------------------------------------------------------------
    Sec. 12.\63\, \66\ Separability of Provisions.--
If any provision of this Act, or the application thereof to any 
person or circumstances, is held invalid, the remainder of the 
Act, and the application of such provisions to other persons or 
circumstances, shall not be affected thereby.
---------------------------------------------------------------------------
    \66\ 22 U.S.C. 611 note.
---------------------------------------------------------------------------
    Sec. 13.\63\, \66\ This Act is in addition to 
and not in substitution for any other existing statute.
    Sec. 14.\63\, \66\ Short Title.--The Act may be 
cited as the ``Foreign Agents Registration Act of 1938, as 
amended''.
  b. U.S. Public Officials and Employees Acting as Agents of Foreign 
                               Principals

Sec. 219 of title 18, United States Code, as added by Public Law 89-486 
 [S. 693], 80 Stat. 248, approved July 4, 1966; and amended by Public 
 Law 98-473 [H.J. Res. 648], 98 Stat. 2149, approved October 12, 1984; 
  Public Law 99-646 [S. 1236], 100 Stat. 3598, approved November 10, 
 1986; Public Law 101-647 [S. 3266], 104 Stat. 4922, approved November 
 29, 1990; and Public Law 104-65 [Lobbying Disclosure Act of 1995; S. 
            1060], 109 Stat. 691, approved December 19, 1995

Sec. 219. Officers and employees acting as agents of foreign principals

    (a) \1\ Whoever, being a public official,\2\ is or acts as 
an agent of a foreign principal required to register under the 
Foreign Agents Registration Act of 1938 or a lobbyist required 
to register under the Lobbying Disclosure Act of 1995 in 
connection with the representation of a foreign entity, as 
defined in section 3(6) of that Act \3\ shall be fined under 
this title or imprisoned for not more than two years, or both.
---------------------------------------------------------------------------
    \1\ Sec. 30 of Public Law 99-646 (100 Stat. 3598) redesignated the 
first two paras. of sec. 219 as subsecs. (b) and (c), and added a new 
subsec. (a).
    Sec. 8(a) of Public Law 89-486 added a new sec. 613 to ch. 20 of 
title 18, U.S.C., concerning contributions by foreign nationals. 
However, sec. 201(a) of the Federal Election Campaign Act (Public Law 
94-283; 90 Stat. 496) repealed sec. 613. Public Law 94-283 further 
added a new sec. 324 (2 U.S.C. 441e), subsequently redesignated as sec. 
319, to the Federal Election Campaign Act of 1971 which became the new 
law regarding contributions of foreign nationals. The text of sec. 319 
is as follows:

``contributions and donations by foreign nationals
---------------------------------------------------------------------------

    ``Sec. 319. (a) Prohibition.--It shall be unlawful for--
---------------------------------------------------------------------------

  ``(1) a foreign national, directly or indirectly, to make--

  ``(A) a contribution or donation of money or other thing of value, or to 
make an express or implied promise to make a contribution or donation, in 
connection with a Federal, State, or local election;

  ``(B) a contribution or donation to a committee of a political party; or

  ``(C) an expenditure, independent expenditure, or disbursement for an 
electioneering communication (within the meaning of section 434(f)(3) of 
this title); or

  ``(2) a person to solicit, accept, or receive a contribution or donation 
described in subparagraph (A) or (B) of paragraph (1) from a foreign 
national.
---------------------------------------------------------------------------

    ``(b) `Foreign national' defined.--As used in this section, the 
term `foreign national' means--
---------------------------------------------------------------------------

  ``(1) a foreign principal, as such term is defined by section 611(b) of 
title 22, except that the term `foreign national' shall not include any 
individual who is a citizen of the United States; or

  ``(2) an individual who is not a citizen of the United States or a 
national of the United States (as defined in section 1101(a)(22) of title 
8) and who is not lawfully admitted for permanent residence, as defined by 
section 1101(a) (20) of title 8.''.
---------------------------------------------------------------------------

    \2\ Sec. 1116 of Public Law 98-473 (98 Stat. 2149) struck out ``an 
officer or employee'' and inserted in lieu thereof ``a public 
official''.
    \3\ Sec. 12(b)(1) of Public Law 104-65 (109 Stat. 701) inserted 
``or a lobbyist required to register under the Lobbying Disclosure Act 
of 1995 in connection with the representation of a foreign entity, as 
defined in section 3(6) of that Act''.
    Sec. 12(b)(2) of Public Law 104-65 (109 Stat. 701) struck out ``, 
as amended,'' after the newly added language.
---------------------------------------------------------------------------
    (b) \1\ Nothing in this section shall apply to the 
employment of any agent of a foreign principal as a special 
Government employee in any case in which the head of the 
employing agency certifies that such employment is required in 
the national interest. A copy of any certification under this 
paragraph shall be forwarded by the head of such agency to the 
Attorney General who shall cause the same to be filed with the 
registration statement and other documents filed by such agent, 
and made available for public inspection in accordance with 
section 6 of the Foreign Agents Registration Act of 1938, as 
amended.
    (c) \1\, \4\ For the purpose of this section 
``public official'' means Member of Congress, Delegate,\5\ or 
Resident Commissioner, either before or after he has qualified, 
or an officer or employee or person acting for or on behalf of 
the United States, or any department, agency, or branch of 
Government \6\ thereof, including the District of Columbia, in 
any official function, under or by authority of any such 
department, agency, or branch of Government.
---------------------------------------------------------------------------
    \4\ Sec. 1116(2) of Public Law 98-473 (98 Stat. 2149) added subsec. 
(c), as redesignated.
    \5\ Sec. 30 of Public Law 99-646 (100 Stat. 3598) struck out ``the 
Delegate from the District of Columbia'' and inserted in lieu thereof 
``Delegate'', and struck out ``, or a juror''.
    \6\ Sec. 3511 of Public Law 101-647 (104 Stat. 4922) struck out 
``Governments'' and inserted in lieu thereof ``Government''.
                    c. Agents of Foreign Governments

                    Title 18, United States Code\1\

Sec. 951. Agents of foreign governments

    (a) Whoever, other than a diplomatic or consular officer or 
attache, acts in the United States as an agent of a foreign 
government without prior notification to the Attorney General 
if required in subsection (b), shall be fined under this title 
\2\ or imprisoned not more than ten years, or both.
---------------------------------------------------------------------------
    \1\ Sec. 951 was enacted as part of Public Law 80-772 (62 Stat. 
743).
    \2\ Sec. 330016(1)(R) of Public Law 103-322 (108 Stat. 2148) struck 
out ``not more than $75,000'' and inserted in lieu thereof ``under this 
title''.
---------------------------------------------------------------------------
    (b) The Attorney General shall promulgate rules and 
regulations establishing requirements for notification.
    (c) The Attorney General shall, upon receipt, promptly 
transmit one copy of each notification statement filed under 
this section to the Secretary of State for such comment and use 
as the Secretary of State may determine to be appropriate from 
the point of view of the foreign relations of the United 
States. Failure of the Attorney General to do so shall not be a 
bar to prosecution under this section.
    (d) For purposes of this section, the term ``agent of a 
foreign government'' means an individual who agrees to operate 
within the United States subject to the direction or control of 
a foreign government or official, except that such term does 
not include--
          (1) a duly accredited diplomatic or consular officer 
        of a foreign government, who is so recognized by the 
        Department of State;
          (2) any officially and publicly acknowledged and 
        sponsored official or representative of a foreign 
        government;
          (3) any officially and publicly acknowledged and 
        sponsored member of the staff of, or employer of, an 
        officer, official, or representative described in 
        paragraph (1) or (2), who is not a United States 
        citizen; or
          (4) any person engaged in a legal commercial 
        transaction.
    (e) \3\ Notwithstanding paragraph (d)(4), any person 
engaged in a legal commercial transaction shall be considered 
to be an agent of a foreign government for purposes of this 
section if--
---------------------------------------------------------------------------
    \3\ Sec. 703 of Public Law 99-569 (100 Stat. 3205) added subsec. 
(e).
---------------------------------------------------------------------------
          (1) such person agrees to operate within the United 
        States subject to the direction or control of a foreign 
        government or official; and
          (2) such person--
                  (A) is an agent of Cuba or any other country 
                that the President determines (and so reports 
                to the Congress) poses a threat to the national 
                security interest of the United States for 
                purposes of this section,\4\ unless the 
                Attorney General, after consultation with the 
                Secretary of State, determines and so reports 
                to the Congress that the national security or 
                foreign policy interests of the United States 
                require that the provisions of this section do 
                not apply in specific circumstances to agents 
                of such country; or
---------------------------------------------------------------------------
    \4\ Sec. 202 of Public Law 103-199 (107 Stat. 2321) struck out 
``the Soviet Union, the German Democratic Republic, Hungary, 
Czechoslovakia, Poland, Bulgaria, Romania, or Cuba'' and inserted in 
lieu thereof ``Cuba or any other country that the President determines 
(and so reports to the Congress) poses a threat to the national 
security interest of the United States for purposes of this section''.
---------------------------------------------------------------------------
                  (B) has been convicted of, or has entered a 
                plea of nolo contendere with respect to, any 
                offense under section 792 through 799, 831, or 
                2381 of this title or under section 11 \5\ of 
                the Export Administration Act of 1979, except 
                that the provisions of the subsection shall not 
                apply to a person described in this clause for 
                a period of more than five years beginning on 
                the date of the conviction or the date of entry 
                of the plea of nolo contendere, as the case may 
                be.
---------------------------------------------------------------------------
    \5\ 50 U.S.C. app. 2410.
                 6. Neutrality Act and Related Material

                 a. Neutrality Act of 1939, as amended

Public Resolution 76-54 [H.J. Res. 306], 54 Stat. 4, approved November 
  4, 1939; as amended by Public Resolution 76-87 [S.J. Res. 279], 54 
 Stat. 611, approved June 26, 1940; Public Law 76-776 [H.R. 10213], 54 
Stat. 866, approved August 27, 1940; Public Law 77-294 [H.J. Res. 237], 
55 Stat. 764, approved November 17, 1941; Public Law 77-459 [S.J. Res. 
      133], 56 Stat. 95, approved February 21, 1942; Presidential 
Proclamation 2695, 11 F.R. 7517, 60 Stat. 1352, approved July 4, 1946; 
  and Public Law 83-665 [Mutual Security Act of 1954; H.R. 9678], 68 
                  Stat. 861, approved August 26, 1954

JOINT RESOLUTION To preserve the neutrality and the peace of the United 
  States and to secure the safety of its citizens and their interests.

Whereas the United States, desiring to preserve its neutrality 
    in wars between foreign states and desiring also to avoid 
    involvement therein, voluntarily imposes upon its nationals 
    by domestic legislation the restrictions set out in this 
    joint resolution; and
Whereas by so doing the United States waives none of its own 
    rights or privileges, or those of any of its nationals, 
    under international law, and expressly reserves all the 
    rights and privileges to which it and its nationals are 
    entitled under the law of nations; and
Whereas the United States hereby expressly reserves the right 
    to repeal, change or modify this joint resolution or any 
    other domestic legislation in the interests of the peace, 
    security or welfare of the United States and its people: 
    Therefore be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

         proclamation of a state of war between foreign states

    Section 1.\1\ (a) That whenever the President, or the 
Congress by concurrent resolution, shall find that there exists 
a state of war between foreign states, and that it is necessary 
to promote the security or preserve the peace of the United 
States or to protect the lives of citizens of the United 
States, the President shall issue a proclamation naming the 
states involved; and he shall, from time to time, by 
proclamation, name other states as and when they may become 
involved in the war.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 441.
---------------------------------------------------------------------------
    (b) Whenever the state of war which shall have caused the 
President to issue any proclamation under the authority of this 
section shall have ceased to exist with respect to any state 
named in such proclamation, he shall revoke such proclamation 
with respect to such state.
    Sec. 2.\2\ * * * [Repealed--1941]
---------------------------------------------------------------------------
    \2\ Public Law 77-294 (55 Stat. 764) repealed sec. 2, which 
concerned commerce with states engaged in armed conflict.
---------------------------------------------------------------------------
    Sec. 3.\3\ * * * [Repealed--1941]
---------------------------------------------------------------------------
    \3\ Public Law 77-294 (55 Stat. 764) repealed sec. 3, which related 
to combat areas.
---------------------------------------------------------------------------

                           american red cross

    Sec. 4.\4\ (a) The provisions of section 2(a) \2\ shall not 
prohibit the transportation by vessels, unarmed and not under 
convoy, under charter or other direction and control of the 
American Red Cross of officers and American Red Cross 
personnel, medical personnel, and medical supplies, food, and 
clothing, for the relief of human suffering: Provided, That 
where permission has not been given by the blockading power, no 
American Red Cross vessel shall enter a port where a blockade 
by aircraft, surface vessel, or submarine is being attempted 
through the destruction of vessels, or into a port of any 
country where such blockade of the whole country is being so 
attempted: Provided further, That such American Red Cross 
vessel shall be on a mission of mercy only and carrying only 
Red Cross materials and personnel.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 444. Public Resolution 76-87 (54 Stat. 611) amended 
and restated subsec. (a).
---------------------------------------------------------------------------
    (b) \5\ The provisions of sections 2(a) \2\ and 3 \3\ shall 
not prohibit a vessel, in ballast, unarmed, and not under 
convoy, and transporting refugee children, under sixteen years 
of age, from war zones, or combat areas, and shall not prohibit 
such vessel entering into such war zones or combat areas for 
this purpose, together with such necessary American citizen 
adult personnel in charge as may be approved by the Secretary 
of State, subject to the provisions of the immigration laws, if 
such vessel is proceeding under safe conduct granted by all of 
the states named in the proclamations issued under the 
authority of section 1(a), and if such vessel has painted on a 
large scale prominently, distinctly, and unmistakably on each 
side thereof and upon the superstructure thereof plainly 
visible from the air and American flag and a statement to the 
effect that such vessel is a refugee-child rescue ship of the 
United States or under United States registry: Provided, That 
every such child so brought into the United States shall, 
previous to departure from the port of embarkation, have been 
so sponsored by some responsible American person, natural or 
corporate, that he will not become a public charge.
---------------------------------------------------------------------------
    \5\ Public Law 76-776 (54 Stat. 866) added subsec. (b).
---------------------------------------------------------------------------

                travel on vessels of belligerent states

    Sec. 5.\6\ (a) Whenever the President shall have issued a 
proclamation under the authority of section 1(a) it shall 
thereafter be unlawful for any citizen of the United States to 
travel on any vessel of any state named in such proclamation, 
except in accordance with such rules and regulations as may be 
prescribed.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 445.
---------------------------------------------------------------------------
    (b) Whenever any proclamation issued under the authority of 
section 1(a) shall have been revoked with respect to any state 
the provisions of this section shall thereupon cease to apply 
with respect to such state, except as to offenses committed 
prior to such revocation.
    Sec. 6.\7\ * * * [Repealed--1941]
---------------------------------------------------------------------------
    \7\ Public Law 77-294 (55 Stat. 764) repealed sec. 6, which 
prohibited the arming of American merchant vessels.
---------------------------------------------------------------------------

                         financial transactions

    Sec. 7.\8\ (a) Whenever the President shall have issued a 
proclamation under the authority of section 441(a) of this 
title, it shall thereafter be unlawful for any person within 
the United States to purchase, sell, or exchange bonds, 
securities, or other obligations of the government of any state 
for any person within the United States to purchase, sell, or 
exchange named in such proclamation, or of any political 
subdivision of any such state, or of any person acting for or 
on behalf of the government of any such state, or political 
subdivision thereof, issued after the date of such 
proclamation, or to make any loan or extend any credit (other 
than necessary credits accruing in connection with the 
transmission of telegraph, cable, wireless and telephone 
services) to any such government, political subdivision, or 
person. The provisions of this subsection shall also apply to 
the sale by any person within the United States to any person 
in a state named in any such proclamation of any articles or 
materials listed in a proclamation referred to in or issued 
under the authority of section 12(i).\9\
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 447.
    \9\ Sec. 542(a)(12) of the Mutual Security Act of 1954 (Public Law 
83-665; 68 Stat. 861) repealed sec. 12 of this Act.
---------------------------------------------------------------------------
    (b) The provisions of this section shall not apply to a 
renewal or adjustment of such indebtedness as may exist on the 
date of such proclamation.
    (c) Whoever shall knowingly violate any of the provisions 
of this section or of any regulations issued thereunder shall, 
upon conviction thereof, be fined not more than $50,000 or 
imprisoned for not more than five years, or both. Should the 
violation be by a corporation, organization, or association, 
each officer or director thereof participating in the violation 
shall be liable to the penalty herein prescribed.
    (d) Whenever any proclamation issued under the authority of 
section 1(a) shall have been revoked with respect to any state 
the provisions of this section shall thereupon cease to apply 
with respect to such state, except as to offenses committed 
prior to such revocation.
    (e) \10\ This section shall not be operative when the 
United States is at war.
---------------------------------------------------------------------------
    \10\ Public Law 77-459 (56 Stat. 95) added subsec. (e).
---------------------------------------------------------------------------

         solicitation and collection of funds and contributions

    Sec. 8.\11\ (a) Whenever the President shall have issued a 
proclamation under the authority of section 1(a), it shall 
thereafter be unlawful for any person within the United States 
to solicit or receive any contribution for or on behalf of the 
government of any state named in such proclamation or for or on 
behalf of any agent or instrumentality of any such state.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 448.
---------------------------------------------------------------------------
    (b) Nothing in this section shall be construed to prohibit 
the solicitation or collection of funds and contributions to be 
used for medical aid and assistance, or for food and clothing 
to relieve human suffering, when such solicitation or 
collection of funds and contributions is made on behalf of and 
for use by any person or organization which is not acting for 
or on behalf of any such government, but all such solicitations 
and collections of funds and contributions shall be in 
accordance with and subject to such rules and regulations as 
may be prescribed.
    (c) Whenever any proclamation issued under the authority of 
section 1(a) shall have been revoked with respect to any state 
the provisions of this section shall thereupon cease to apply 
with respect to such state, except as to offenses committed 
prior to such revocation.

                           american republics

    Sec. 9.\12\ This joint resolution (except section 12) shall 
not apply to any American republic engaged in war against a 
non-American state or states, provided the American republic is 
not cooperating with a non-American state or states in such 
war.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 449.
---------------------------------------------------------------------------

                 restrictions on use of american ports

    Sec. 10.\13\ (a) Whenever, during any war in which the 
United States is neutral, the President, or any person 
thereunto authorized by him, shall have cause to believe that 
any vessel, domestic or foreign, whether requiring clearance or 
not, is about to carry out of a port or from the jurisdiction 
of the United States, fuel, men, arms, ammunition, implements 
of war, supplies, dispatches or information to any warship, 
tender, or supply ship of a state named in the proclamation 
issued under the authority of section 1(a), but the evidence is 
not deemed sufficient to justify forbidding the departure of 
the vessel as provided for by section 1, title V, chapter 30, 
of the Act approved June 15, 1917 (40 Stat. 217, 221; U.S.C., 
1934 edition, title 18, sec. 31),\14\ and if, in the 
President's judgment, such action will serve to maintain peace 
between the United States and foreign states or to protect the 
commercial interests of the United States and its citizens, or 
to promote the security or neutrality of the United States, he 
shall have the power, and it shall be his duty, to require the 
owner, master, or person in command thereof, before departing 
from a port or from the jurisdiction of the United States, to 
give a bond to the United States, with sufficient sureties, in 
such amount as he shall deem proper, conditioned that the 
vessel will not deliver the men, or any fuel, supplies, 
dispatches, information, or any part of the cargo to any 
warship, tender or supply ship of a state named in a 
proclamation issued under the authority of section 1(a).
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 550.
    \14\ The Act of June 25, 1948 (63 Stat. 862) repealed 18 U.S.C. 31.
---------------------------------------------------------------------------
    (b) If the President, or any person thereunto authorized by 
him, shall find that a vessel, domestic or foreign, in a port 
of the United States, has previously departed from a port or 
from the jurisdiction of the United States during such war and 
delivered men, fuel, supplies, dispatches, information, or any 
part of its cargo to a warship, tender, or supply ship of a 
state named in a proclamation issued under the authority of 
section 1(a), he may prohibit the departure of such vessel 
during the duration of the war.
    (c) Whenever the President shall have issued a proclamation 
under section 1(a) he may, while such proclamation is in 
effect, require the owner, master, or person in command of any 
vessel, foreign or domestic, before departing from the United 
States, to give a bond to the United States, with sufficient 
sureties, in such amount as he shall deem proper, conditioned 
that no alien seaman who arrived on such vessel shall remain in 
the United States for a longer period than that permitted under 
the regulations, as amended from time to time, issued pursuant 
to section 33 of the Immigration Act of February 5, 1917 
(U.S.C., title 8, sec. 168).\15\ Notwithstanding the provisions 
of said section 33, the President may issue such regulations 
with respect to the landing of such seamen as he deems 
necessary to insure their departure either on such vessel or 
another vessel at the expense of such owner, master, or person 
in command.
---------------------------------------------------------------------------
    \15\ The Act of June 27, 1952 (66 Stat. 279) repealed 8 U.S.C. 168.
---------------------------------------------------------------------------

                 submarines and armed merchant vessels

    Sec. 11.\16\ Whenever, during any war in which the United 
States is neutral, the President shall find that special 
restrictions placed on the use of the ports and territorial 
waters of the United States by the submarines or armed merchant 
vessels of a foreign state will serve to maintain peace between 
the United States and foreign states, or to protect the 
commercial interests of the United States and its citizens, or 
to promote the security of the United States, and shall make 
proclamation thereof, it shall thereafter be unlawful for any 
such submarine or armed merchant vessel to enter a port or the 
territorial waters of the United States or to depart therefrom, 
except under such conditions and subject to such limitations as 
the President may prescribe. Whenever, in his judgment, the 
conditions which have caused him to issue his proclamation have 
ceased to exist, he shall revoke his proclamation and the 
provisions of this section shall thereupon cease to apply, 
except as to offenses committed prior to such revocation.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 451.
---------------------------------------------------------------------------
    Sec. 12.\17\ * * * [Repealed--1954]
---------------------------------------------------------------------------
    \17\ Sec. 542(a)(12) of the Mutual Security Act of 1954 (Public Law 
83-665; 68 Stat. 861) repealed sec. 12, which established the National 
Munitions Control Board.
---------------------------------------------------------------------------

                              regulations

    Sec. 13.\18\ The President may, from time to time, 
promulgate such rules and regulations, not inconsistent with 
law, as may be necessary and proper to carry out any of the 
provisions of this joint resolution; and he may exercise any 
power or authority conferred on him by this joint resolution 
through such officer or officers, or agency or agencies, as he 
shall direct.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 453.
---------------------------------------------------------------------------

                   unlawful use of the american flag

    Sec. 14.\19\ (a) It shall be unlawful for any vessel 
belonging to or operating under the jurisdiction of any foreign 
state to use the flag of the United States thereon, or to make 
use of any distinctive signs or marking, indicating that the 
same is an American vessel.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 454.
---------------------------------------------------------------------------
    (b) Any vessel violating the provisions of subsection (a) 
of this section shall be denied for a period of three months 
the right to enter the ports or territorial waters of the 
United States except in cases of force majeure.

                       general penalty provision

    Sec. 15.\20\ In every case of the violation of any of the 
provisions of this joint resolution or of any rule or 
regulation issued pursuant thereto where a specific penalty is 
not herein provided, such violator or violators, upon 
conviction, shall be fined not more than $10,000, or imprisoned 
not more than two years, or both.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 455.
---------------------------------------------------------------------------

                              definitions

    Sec. 16.\21\ For the purposes of this joint resolution--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 456.
---------------------------------------------------------------------------
    (a) The term ``United States'', when used in a geographical 
sense, includes the several States and Territories, the insular 
possessions of the United States,\22\ the Canal Zone, and the 
District of Columbia.
---------------------------------------------------------------------------
    \22\ Pursuant to the authority of Presidential Proclamation 2695, 
July 4, 1946 (11 F.R. 7517; 60 Stat. 1352), the words ``(including the 
Philippine Islands)'' were struck out at this point.
---------------------------------------------------------------------------
    (b) The term ``person'' includes a partnership, company, 
association, or corporation, as well as a natural person.
    (c) The term ``vessel'' means every description of 
watercraft and aircraft capable of being used as a means of 
transportation on, under, or over water.
    (d) The term ``American vessel'' means any vessel 
documented, and any aircraft registered or licensed, under the 
laws of the United States.
    (e) The term ``state'' shall include nation, government, 
and country.
    (f) The term ``citizen'' shall include any individual owing 
allegiance to the United States, a partnership, company, or 
association composed in whole or in part of citizens of the 
United States, and any corporation organized and existing under 
the laws of the United States as defined in subsection (a) of 
this section.

                       separability of provisions

    Sec. 17. If any of the provisions of this joint resolution, 
or the application thereof to any person or circumstance, is 
held invalid, the remainder of the joint resolution, and the 
application of such provision to other persons or 
circumstances, shall not be affected thereby.

                             appropriations

    Sec. 18.\23\ There is hereby authorized to be appropriated 
from time to time, out of any money in the Treasury not 
otherwise appropriated, such amounts as may be necessary to 
carry out the provisions and accomplish the purposes of this 
joint resolution.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 457.
---------------------------------------------------------------------------

                                repeals

    Sec. 19. The joint resolution of August 31, 1935, as 
amended, and the joint resolution of January 8, 1937, are 
hereby repealed; but offenses committed and penalties, 
forfeitures, or liabilities incurred under either of such joint 
resolutions prior to the date of enactment of this joint 
resolution may be prosecuted and punished, and suits and 
proceedings for violations of either of such joint resolutions 
or of any rule or regulation issued pursuant thereto may be 
commenced and prosecuted, in the same manner and with the same 
effect as if such joint resolutions had not been repealed.

                              short title

    Sec. 20. This joint resolution may be cited as the 
``Neutrality Act of 1939''.
                    b. Enlistment in Foreign Service

                    Title 18, United States Code\1\

Sec. 959. Enlistment in foreign service

    (a) Whoever, within the United States, enlists or enters 
himself, or hires or retains another to enlist or enter 
himself, or to go beyond the jurisdiction of the United States 
with intent to be enlisted or entered in the service of any 
foreign prince, state, colony, district, or people as a soldier 
or as a marine or seaman on board any vessel of war, letter of 
marque, or privateer, shall be fined under this title \2\ or 
imprisoned not more than three years, or both.
---------------------------------------------------------------------------
    \1\ Sec. 959 was enacted as part of Public Law 80-772 (62 Stat. 
745).
    \2\ Sec. 330016(1)(H) of Public Law 103-322 (108 Stat. 2147) struck 
out ``not more than $1,000'' and inserted in lieu thereof ``under this 
title''.
---------------------------------------------------------------------------
    (b) This section shall not apply to citizens or subjects of 
any country engaged in war with a country with which the United 
States is at war, unless such citizen or subject of such 
foreign country shall hire or solicit a citizen of the United 
States to enlist or go beyond the jurisdiction of the United 
States with intent to enlist or enter the service of a foreign 
country. Enlistments under this subsection shall be under 
regulations prescribed by the Secretary of the Army.
    (c) This section and sections 960 and 961 of this title 
shall not apply to any subject or citizen of any foreign 
prince, state, colony, district, or people who is transiently 
within the United States and enlists or enters himself on board 
any vessel of war, letter of marque, or privateer, which at the 
time of its arrival within the United States was fitted and 
equipped as such or hires or retains another subject or citizen 
of the same foreign prince, state, colony, district, or people 
who is transiently within the United States to enlist or enter 
himself to serve such foreign prince, state, colony, district, 
or people on board such vessel of war, letter of marque, or 
privateer, if the United States shall then be at peace with 
such foreign prince, state, colony, district, or people.
 c. Expedition Against Friendly Nation--Arming Vessel Against Friendly 
                                 Nation

                    Title 18, United States Code\1\

Sec. 960. Expedition against friendly nation

    Whoever, within the United States, knowingly begins or sets 
on foot or provides or prepares a means for or furnishes the 
money for, or takes part in, any military or naval expedition 
or enterprise to be carried on from thence against the 
territory or dominion of any foreign prince or state, or of any 
colony, district, or people with whom the United States is at 
peace, shall be fined under this title \2\ or imprisoned not 
more than three years, or both.
---------------------------------------------------------------------------
    \1\ Secs. 960 and 962 were enacted as part of Public Law 80-772 (62 
Stat. 745).
    \2\ Sec. 330016(1)(J) of Public Law 103-322 (108 Stat. 2147) struck 
out ``not more than $3,000'' and inserted in lieu thereof ``under this 
title''.
---------------------------------------------------------------------------
          * * * * * * *

Sec. 962. Arming vessel against friendly nation

    Whoever, within the United States, furnishes, fits out, 
arms, or attempts to furnish, fit out or arm, any vessel, with 
intent that such vessel shall be employed in the service of any 
foreign prince, or state, or of any colony, district, or 
people, to cruise, or commit hostilities against the subjects, 
citizens, or property of any foreign prince or state, or of any 
colony, district, or people with whom the United States is at 
peace; or
    Whoever issues or delivers a commission within the United 
States for any vessel, to the intent that she may be so 
employed--
    Shall be fined under this title \3\ or imprisoned not more 
than three years, or both.
---------------------------------------------------------------------------
    \3\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) struck 
out ``fined not more than 10,000'' and inserted in lieu thereof ``fined 
under this title''.
---------------------------------------------------------------------------
    Every such vessel, her tackle, apparel, and furniture, 
together with all materials, arms, ammunition, and stores which 
may have been procured for the building and equipment thereof, 
shall be forfeited, one half to the use of the informer and the 
other half to the use of the United States.
            d. Strengthening Armed Vessel of Foreign Nation

                    Title 18, United States Code\1\

Sec. 961. Strengthening armed vessel of foreign nation

    Whoever, within the United States, increases or augments 
the force of any ship of war, cruiser, or other armed vessel 
which, at the time of her arrival within the United States, was 
a ship of war, or cruiser, or armed vessel, in the service of 
any foreign prince or state, or of any colony, district, or 
people, or belonging to the subjects or citizens of any such 
prince or state, colony, district, or people, the same being at 
war with any foreign prince or state, or of any colony, 
district, or people, with whom the United States is at peace, 
by adding to the number of the guns of such vessel, or by 
changing those on board of her for guns of a larger caliber, or 
by adding thereto any equipment solely applicable to war, shall 
be fined under this title \2\ or imprisoned not more than one 
year, or both.
---------------------------------------------------------------------------
    \1\ Sec. 961 was enacted as part of Public Law 80-772 (62 Stat. 
745).
    \2\ Sec. 330016(1)(H) of Public Law 103-322 (108 Stat. 2147) struck 
out ``fined not more than 1,000'' and inserted in lieu thereof ``fined 
under this title''.
                    7. National Security Act of 1947

Partial text of Public Law 80-253 [S. 758], 61 Stat. 495, approved July 
   26, 1947; as amended by Public Law 81-216, 63 Stat. 578, approved 
August 10, 1949; Public Law 82-165, 65 Stat. 373, approved October 10, 
1951; Public Law 99-169 [Intelligence Authorization Act for Fiscal Year 
1986; H.R. 2419], 99 Stat. 1002, approved December 4, 1985; Public Law 
99-433, [Department of Defense Reorganization Act of 1986; H.R. 3622], 
100 Stat. 992, approved October 1, 1986; Public Law 99-500 [Continuing 
 Appropriations for Fiscal Year 1987; H.J. Res. 738], 100 Stat. 1783, 
      approved October 18, 1986; Public Law 99-569 [Intelligence 
  Authorization Act for Fiscal Year 1987; H.R. 4759], 100 Stat. 3190, 
 approved October 27, 1986; Public Law 100-690 [H.R. 5210], 102 Stat. 
      4181 at 4182, approved November 18, 1988; Public Law 102-88 
[Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], approved 
August 14, 1991; Public Law 102-496 [Intelligence Authorization Act for 
  Fiscal Year 1993; H.R. 5095], 106 Stat. 3180, approved October 24, 
1992; Public Law 103-160 [National Defense Authorization Act for Fiscal 
  Year 1994; H.R. 2410], 107 Stat. 1715, approved November 30, 1993; 
  Public Law 103-178 [Intelligence Authorization Act for Fiscal Year 
1994; H.R. 2330], 107 Stat. 2024, approved December 3, 1993; Public Law 
  103-359 [Intelligence Authorization Act for Fiscal Year 1995; H.R. 
 4299], 108 Stat. 3423, approved October 14, 1994; Public Law 104-201 
 [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 
    110 Stat. 2422, approved September 23, 1996; Public Law 104-293 
 [Intelligence Authorization Act for Fiscal Year 1997; H.R. 3259], 110 
Stat. 3461, approved October 11, 1996; Public Law 105-107 [Intelligence 
   Authorization Act for Fiscal Year 1998; S. 858], 111 Stat. 2248, 
approved November 20, 1997; Public Law 105-292 [International Religious 
 Freedom Act of 1998; H.R. 2431], 112 Stat. 2787, approved October 27, 
1998; Public Law 106-65 [National Defense Authorization Act for Fiscal 
 Year 2000; S. 1059], 113 Stat. 512, approved October 5, 1999; Public 
Law 106-120 [Intelligence Authorization Act for Fiscal Year 2000; H.R. 
 1555], 113 Stat. 1606, approved December 3, 1999; Public Law 106-567 
 [Intelligence Authorization Act for Fiscal Year 2001; H.R. 5630], 114 
Stat. 2831, approved December 27, 2000; Public Law 107-56 [Uniting and 
   Strengthening America By Providing Appropriate Tools Required To 
 Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001; H.R. 
  3162], 115 Stat. 272, approved October 26, 2001; Public Law 107-108 
 [Intelligence Authorization Act for Fiscal Year 2002; H.R. 2883], 115 
 Stat. 1394, approved December 28, 2001; Public Law 107-296 [Homeland 
Security Act of 2002; H.R. 5005], 116 Stat. 2149, approved November 25, 
  2002; Public Law 107-306 [Intelligence Authorization Act for Fiscal 
  Year 2003; H.R. 4628], 116 Stat. 2383, approved November 27, 2002; 
Public Law 108-136 [National Defense Authorization Act for Fiscal Year 
 2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003; Public 
Law 108-177 [Intelligence Authorization Act for Fiscal Year 2004; H.R. 
 2417], 117 Stat. 2599, approved December 13, 2003; and Public Law 108-
   458 [Intelligence Reform and Terrorism Prevention Act of 2004; S. 
           2845], 118 Stat. 3638, approved December 17, 2004

AN ACT To promote the national security by providing for a Secretary of 
Defense; for a National Military Establishment; for a Department of the 
Army, a Department of the Navy, and a Department of the Air Force; and 
    for the coordination of the activities of the National Military 
  Establishment with other departments and agencies of the Government 
                 concerned with the national security.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That:

                              short title

    That this Act may be cited as the ``National Security Act 
of 1947''.

                  congressional declaration of purpose

    Sec. 2.\1\ In enacting this legislation, it is the intent 
of Congress to provide a comprehensive program for the future 
security of the United States; to provide for the establishment 
of integrated policies and procedures for the departments, 
agencies, and functions of the Government relating to the 
national security; to provide a Department of Defense, 
including the three military Departments of the Army, the Navy 
(including naval aviation and the United States Marine Corps), 
and the Air Force under the direction, authority, and control 
of the Secretary of Defense; to provide that each military 
department shall be separately organized under its own 
Secretary and shall function under the direction, authority, 
and control of the Secretary of Defense; to provide for their 
unified direction under civilian control of the Secretary of 
Defense but not to merge these departments or services; to 
provide for the establishment of unified or specified combatant 
commands, and a clear and direct line of command to such 
commands; to eliminate unnecessary duplication in the 
Department of Defense, and particularly in the field of 
research and engineering by vesting its overall direction and 
control in the Secretary of Defense; to provide more effective, 
efficient, and economical administration in the Department of 
Defense; to provide for the unified strategic direction of the 
combatant forces, for their operation under unified command, 
and for their integration into an efficient team of land, 
naval, and air forces but not to establish a single Chief of 
Staff over the armed forces nor an overall armed forces general 
staff.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 401. Sec. 412 of the Act of August 10, 1949 (63 Stat. 
579) amended and restated sec. 2. Sec. 2 of Public Law 85-599 (72 Stat. 
514) further amended and restated sec. 2.
---------------------------------------------------------------------------

                              definitions

    Sec. 3.\2\ As used in this Act--
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 401a. Added by sec. 702 of Public Law 102-496 (106 
Stat. 3188).
---------------------------------------------------------------------------
          (1) The term ``intelligence'' includes foreign 
        intelligence and counterintelligence.
          (2) The term `foreign intelligence'' means 
        information relating to the capabilities, intentions, 
        or activities of foreign governments or elements 
        thereof, foreign organizations, or foreign persons, or 
        international terrorist activities.\3\
---------------------------------------------------------------------------
    \3\ Sec. 902(1) of Public Law 107-56 (115 Stat. 387) added ``, or 
international terrorist activities''.
---------------------------------------------------------------------------
          (3) The term ``counterintelligence'' means 
        information gathered, and activities conducted,\4\ to 
        protect against espionage, other intelligence 
        activities, sabotage, or assassinations conduct by or 
        on behalf of foreign governments or elements thereof, 
        foreign organizations, or foreign persons, or 
        international terrorist activities.
---------------------------------------------------------------------------
    \4\ Sec. 902(2) of Public Law 107-56 (115 Stat. 387) struck out 
``and activities conducted'' and inserted in lieu thereof ``, and 
activities conducted,''.
---------------------------------------------------------------------------
          (4) \5\ The term ``intelligence community'' includes 
        the following:
---------------------------------------------------------------------------
    \5\ Sec. 1073 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3693) amended and restated 
para. (4). Previously, para. (4) was amended by sec. 501(a)(1) of 
Public Law 103-359 (108 Stat. 3428), sec. 1122(b)(1) of Public Law 104-
201 (110 Stat. 2687), sec. 105 of Public Law 107-108 (115 Stat. 1397), 
sec. 921(e)(1) of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1569), and sec. 105(d)(1) of 
the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 
108-177; 117 Stat. 2603).
---------------------------------------------------------------------------
                  (A) The Office of the Director of National 
                Intelligence.
                  (B) The Central Intelligence Agency.
                  (C) The National Security Agency.
                  (D) The Defense Intelligence Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The National Reconnaissance Office.
                  (G) Other offices within the Department of 
                Defense for the collection of specialized 
                national intelligence through reconnaissance 
                programs.
                  (H) The intelligence elements of the Army, 
                the Navy, the Air Force, the Marine Corps, the 
                Federal Bureau of Investigation, and the 
                Department of Energy.
                  (I) The Bureau of Intelligence and Research 
                of the Department of State.
                  (J) The Office of Intelligence and Analysis 
                of the Department of the Treasury.
                  (K) The elements of the Department of 
                Homeland Security concerned with the analysis 
                of intelligence information, including the 
                Office of Intelligence of the Coast Guard.
                  (L) Such other elements of any other 
                department or agency as may be designated by 
                the President, or designated jointly by the 
                Director of National Intelligence and the head 
                of the department or agency concerned, as an 
                element of the intelligence community.
          (5) \6\ The terms ``national intelligence'' and 
        ``intelligence related to national security'' refer to 
        all intelligence, regardless of the source from which 
        derived and including information gathered within or 
        outside the United States, that--
---------------------------------------------------------------------------
    \6\ Sec. 1012 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3662) amended and restated 
para. (5). It previously read as follows:
---------------------------------------------------------------------------

  ``(5) The terms `national intelligence' and `intelligence related to the 
national security'--

  ``(A) each refer to intelligence which pertains to the interests of more 
than one department or agency of the Government; and

  ``(B) do not refer to counterintelligence or law enforcement activities 
conducted by the Federal Bureau of Investigation except to the extent 
provided for in procedures agreed to by the Director of Central 
Intelligence and the Attorney General, or otherwise as expressly provided 
for in this title.''

                  (A) pertains, as determined consistent with 
                any guidance issued by the President, to more 
                than one United States Government agency; and
                  (B) that involves--
                          (i) threats to the United States, its 
                        people, property, or interests;
                          (ii) the development, proliferation, 
                        or use of weapons of mass destruction; 
                        or
                          (iii) any other matter bearing on 
                        United States national or homeland 
                        security.
          (6) The term ``National \7\ Intelligence Program'' 
        refers to all programs, projects, and activities of the 
        intelligence community, as well as any other programs 
        of the intelligence community designated jointly by the 
        Director of Central Intelligence and the head of a 
        United States department of agency or by the President. 
        Such term does not include programs, projects, or 
        activities of the military departments to acquire 
        intelligence solely for the planning and conduct of 
        tactical military operations by United States Armed 
        Forces.
---------------------------------------------------------------------------
    \7\ Sec. 1074(a) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out 
``Foreign'' that previously appeared at this point.
---------------------------------------------------------------------------
          (7) \8\ The term ``congressional intelligence 
        committees'' means--
---------------------------------------------------------------------------
    \8\ Sec. 353(a) of Public Law 107-306 (116 Stat. 2401) added para. 
(7).
---------------------------------------------------------------------------
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.

              TITLE I--COORDINATION FOR NATIONAL SECURITY

                       national security council

    Sec. 101.\9\ (a) Establishment; presiding officer; 
functions; composition
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 402.

    There is established a council to be known as the National 
Security Council (hereinafter in this section referred to as 
the ``Council'').
    The President of the United States shall preside over 
meetings of the Council: Provided, That in his absence he may 
designate a member of the Council to preside in his place.
    The function of the Council shall be to advise the 
President with respect to the integration of domestic, foreign, 
and military policies relating to the national security so as 
to enable the military services and the other departments and 
agencies of the Government to cooperate more effectively in 
matters involving the national security.
    The Council shall be composed of--
          (1) the President;
          (2) the Vice-President; \10\
---------------------------------------------------------------------------
    \10\ The National Security Act Amendments of 1949 (Public Law 81-
216; 63 Stat. 578) made the Vice President a member of the Council.
---------------------------------------------------------------------------
          (3) the Secretary of State;
          (4) the Secretary of Defense;
          (5) the Director for Mutual Security; \11\
---------------------------------------------------------------------------
    \11\ The Mutual Security Act of 1951 (Public Law 82-165; 65 Stat. 
373) made the Director for Mutual Security a member of the Council. The 
Chairman of the National Security Resources Board was a member under 
the original Act. Both positions and their function with respect to 
being a member of the National Security Council were abolished in 1953.
---------------------------------------------------------------------------
          (6) the Chairman of the National Security Resources 
        Board; \11\ and
          (7) the Secretaries and Under Secretaries of other 
        executive departments and of the military 
        departments,\12\ the Chairman of the Munitions Board 
        and the Chairman of the Research and Development 
        Board,\13\ when appointed by the President by and with 
        the advice and consent of the Senate, to serve at his 
        pleasure.
---------------------------------------------------------------------------
    \12\ The Secretaries of the Army, Navy and Air Force were members 
under the 1947 Act. The National Security Act Amendments of 1949 
(Public Law 81-216; 63 Stat. 578) abolished their memberships.
    \13\ Sec. 2 of Reorganization Plan No. 6 of 1953 (5 U.S.C. App; 67 
Stat. 638) abolished the Munitions Board and the Research and 
Development Board, together with their respective offices of the 
Chairman. All functions of each board were transferred to the Secretary 
of Defense.
---------------------------------------------------------------------------
    (b) Additional Functions.
    In addition to performing such other functions as the 
President may direct, for the purpose of more effectively 
coordinating the policies and functions of the departments and 
agencies of the Government relating to the national security, 
it shall, subject to the direction of the President, be the 
duty of the Council--
          (1) to assess and appraise the objectives, 
        commitments, and risks of the United States in relation 
        to our actual and potential military power, in the 
        interest of national security, for the purpose of 
        making recommendations to the President in connection 
        therewith; and
          (2) to consider policies on matters of common 
        interest to the departments and agencies of the 
        Government concerned with the national security, and to 
        make recommendations to the President in connection 
        therewith.
    (c) Executive Secretary; appointment and compensation: 
staff employees
    The Council shall have a staff to be headed by a civilian 
executive secretary who shall be appointed by the President. 
The executive secretary, subject to the direction of the 
Council, is authorized, subject to the civil-service laws and 
Chapter 51 and subchapter III of chapter 53 of Title 5, to 
appoint and fix the compensation of such personnel as may be 
necessary to perform such duties as may be prescribed by the 
Council in connection with the performance of its functions.
    (d) Recommendations and Reports
    The Council shall, from time to time, make such 
recommendations, and such other reports to the President as it 
deems appropriate or as the President may require.
    (e) \14\ The Chairman (or in his absence the Vice Chairman) 
of the Joint Chiefs of Staff may, in his role as principal 
military adviser to the National Security Council and subject 
to the direction of the President, attend and participate in 
meetings of the National Security Council.
---------------------------------------------------------------------------
    \14\ Sec. 203 of the DOD Reorganization Act of 1986 (Public Law 99-
433; 100 Stat. 1011) added subsec. (e).
---------------------------------------------------------------------------
    (f) \15\ The Director of National Drug Control Policy may, 
in the role of the Director as principal adviser to the 
National Security Council on national drug control policy, and 
subject to the direction of the President, attend and 
participate in meetings of the National Security Council.
---------------------------------------------------------------------------
    \15\ Sec. 1003 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
690; 102 Stat. 4182) added subsec. (f). Sec. 1009 of Public Law 100-690 
(102 Stat. 4188), however, provided that this amendment would be 
repealed automatically 5 years after the date of enactment, or 1993. 
Sec. 713(b) of Public Law 105-277 (112 Stat. 2681-693) redesignated 
subsec. (f) as subsec. (g), and added a new subsec. (f).
---------------------------------------------------------------------------
    (g) \16\ The President shall establish within the National 
Security Council a board to be known as the ``Board for Low 
Intensity Conflict''. The principal function of the board shall 
be to coordinate the policies of the United States for low 
intensity conflict.
---------------------------------------------------------------------------
    \16\ Originally added as subsec. (f) by Public Law 99-500 (100 
Stat. 1783-82) (see also Public Law 99-591 at 100 Stat. 3341-82, and 
Public Law 99-661 at 100 Stat. 3986); redesignated as subsec. (g) by 
sec. 1003(a)(3) of Public Law 100-690 (102 Stat. 4182), effective 
January 21, 1989.
---------------------------------------------------------------------------
    (h) \17\ (1) There is established within the National 
Security Council a committee to be known as the Committee on 
Foreign Intelligence (in this subsection referred to as the 
``Committee'').
---------------------------------------------------------------------------
    \17\ Sec. 801(2) of Public Law 104-293 (110 Stat. 3474) added 
subsec. (h).
---------------------------------------------------------------------------
          (2) The Committee shall be composed of the following:
                  (A) The Director of National 
                Intelligence.\18\
---------------------------------------------------------------------------
    \18\ Sec. 1071(a) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of National Intelligence''.
---------------------------------------------------------------------------
                  (B) The Secretary of State.
                  (C) The Secretary of Defense.
                  (D) The Assistant to the President for 
                National Security Affairs, who shall serve as 
                the chairperson of the Committee.
                  (E) Such other members as the President may 
                designate.
          (3) The function of the Committee shall be to assist 
        the Council in its activities by--
                  (A) identifying the intelligence required to 
                address the national security interests of the 
                United States as specified by the President;
                  (B) establishing priorities (including 
                funding priorities) among the programs, 
                projects, and activities that address such 
                interests and requirements; and
                  (C) establishing policies relating to the 
                conduct of intelligence activities of the 
                United States, including appropriate roles and 
                missions for the elements of the intelligence 
                community and appropriate targets of 
                intelligence collection activities.
          (4) In carrying out its function, the Committee 
        shall--
                  (A) conduct an annual review of the national 
                security interests of the United States;
                  (B) identify on an annual basis, and at such 
                other times as the Council may require, the 
                intelligence required to meet such interests 
                and establish an order of priority for the 
                collection and analysis of such intelligence; 
                and
                  (C) conduct an annual review of the elements 
                of the intelligence community in order to 
                determine the success of such elements in 
                collecting, analyzing, and disseminating the 
                intelligence identified under subparagraph (B).
          (5) The Committee shall submit each year to the 
        Council and to the Director of National Intelligence 
        \18\ a comprehensive report on its activities during 
        the preceding year, including its activities under 
        paragraphs (3) and (4).
    (i) \19\ (1) There is established within the National 
Security Council a committee to be known as the Committee on 
Transnational Threats (in this subsection referred to as the 
``Committee'').
---------------------------------------------------------------------------
    \19\ Sec. 804 of Public Law 104-293 (110 Stat. 3476) added subsec. 
(i).
---------------------------------------------------------------------------
    (2) The Committee shall include the following members:
          (A) The Director of National Intelligence.\18\
          (B) The Secretary of State.
          (C) The Secretary of Defense.
          (D) The Attorney General.
          (E) The Assistant to the President for National 
        Security Affairs, who shall serve as the chairperson of 
        the Committee.
          (F) Such other members as the President may 
        designate.
    (3) The function of the Committee shall be to coordinate 
and direct the activities of the United States Government 
relating to combatting transnational threats.
    (4) In carrying out its function, the Committee shall--
          (A) identify transnational threats;
          (B) develop strategies to enable the United States 
        Government to respond to transnational threats 
        identified under subparagraph (A);
          (C) monitor implementation of such strategies;
          (D) make recommendations as to appropriate responses 
        to specific transnational threats;
          (E) assist in the resolution of operational and 
        policy differences among Federal departments and 
        agencies in their responses to transnational threats;
          (F) develop policies and procedures to ensure the 
        effective sharing of information about transnational 
        threats among Federal departments and agencies, 
        including law enforcement agencies and the elements of 
        the intelligence community; and
          (G) develop guidelines to enhance and improve the 
        coordination of activities of Federal law enforcement 
        agencies and elements of the intelligence community 
        outside the United States with respect to transnational 
        threats.
    (5) For purposes of this subsection, the term 
``transnational threat'' means the following:
          (A) Any transnational activity (including 
        international terrorism, narcotics trafficking, the 
        proliferation of weapons of mass destruction and the 
        delivery systems for such weapons, and organized crime) 
        that threatens the national security of the United 
        States.
          (B) Any individual or group that engages in an 
        activity referred to in subparagraph (A).
    (j) \20\ The Director of National Intelligence \18\ (or, in 
the Director's absence, the Principal Deputy Director of 
National Intelligence) \21\ may, in the performance of the 
Director's duties under this Act and subject to the direction 
of the President, attend and participate in meetings of the 
National Security Council.
---------------------------------------------------------------------------
    \20\ Sec. 703 of Public Law 102-496 (106 Stat. 3189) added subsec. 
(h), redesignated as subsec. (j) by sec. 802(1) of Public Law 104-293 
(110 Stat. 3474).
    \21\ Sec. 1072(a)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out 
``Deputy Director of Central Intelligence'' and inserted in lieu 
thereof ``Principal Deputy Director of National Intelligence''.
---------------------------------------------------------------------------
    (i) \22\ It is the sense of the Congress that there should 
be within the staff of the National Security Council a Special 
Adviser to the President on International Religious Freedom, 
whose position should be comparable to that of a director 
within the Executive Office of the President. The Special 
Adviser should serve as a resource for executive branch 
officials, compiling and maintaining information on the facts 
and circumstances of violations of religious freedom (as 
defined in section 3 of the International Religious Freedom Act 
of 1998), and making policy recommendations. The Special 
Adviser should serve as liaison with the Ambassador at Large 
for International Religious Freedom, the United States 
Commission on International Religious Freedom, Congress and, as 
advisable, religious nongovernmental organizations.
---------------------------------------------------------------------------
    \22\ Should be designated as subsec. (k). Sec. 301 of Public Law 
105-292 (112 Stat. 2800) added it as subsec. (i).
---------------------------------------------------------------------------
    Sec. 101A.\23\ (a) Joint Intelligence Community Council.--
There is a Joint Intelligence Community Council.
---------------------------------------------------------------------------
    \23\ 50 U.S.C. 402-1. Sec. 1031 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3677) 
added sec. 101A.
---------------------------------------------------------------------------
    (b) Membership.--The Joint Intelligence Community Council 
shall consist of the following:
          (1) The Director of National Intelligence, who shall 
        chair the Council.
          (2) The Secretary of State.
          (3) The Secretary of the Treasury.
          (4) The Secretary of Defense.
          (5) The Attorney General.
          (6) The Secretary of Energy.
          (7) The Secretary of Homeland Security.
          (8) Such other officers of the United States 
        Government as the President may designate from time to 
        time.
    (c) Functions.--The Joint Intelligence Community Council 
shall assist the Director of National Intelligence in 
developing and implementing a joint, unified national 
intelligence effort to protect national security by--
          (1) advising the Director on establishing 
        requirements, developing budgets, financial management, 
        and monitoring and evaluating the performance of the 
        intelligence community, and on such other matters as 
        the Director may request; and
          (2) ensuring the timely execution of programs, 
        policies, and directives established or developed by 
        the Director.
    (d) Meetings.--The Director of National Intelligence shall 
convene regular meetings of the Joint Intelligence Community 
Council.
    (e) Advice and Opinions of Members Other Than Chairman.--
(1) A member of the Joint Intelligence Community Council (other 
than the Chairman) may submit to the Chairman advice or an 
opinion in disagreement with, or advice or an opinion in 
addition to, the advice presented by the Director of National 
Intelligence to the President or the National Security Council, 
in the role of the Chairman as Chairman of the Joint 
Intelligence Community Council. If a member submits such advice 
or opinion, the Chairman shall present the advice or opinion of 
such member at the same time the Chairman presents the advice 
of the Chairman to the President or the National Security 
Council, as the case may be.
    (2) The Chairman shall establish procedures to ensure that 
the presentation of the advice of the Chairman to the President 
or the National Security Council is not unduly delayed by 
reason of the submission of the individual advice or opinion of 
another member of the Council.
    (f) Recommendations to Congress.--Any member of the Joint 
Intelligence Community Council may make such recommendations to 
Congress relating to the intelligence community as such member 
considers appropriate.
          * * * * * * *

                annual national security strategy report

    Sec. 108.\24\ (a)(1) The President shall transmit to 
Congress each year a comprehensive report on the national 
security strategy of the United States (hereinafter in this 
section referred to as a ``national security strategy 
report'').
---------------------------------------------------------------------------
    \24\ 50 U.S.C. 404a.  Sec. 603 of Public Law 99-433 (100 Stat. 
1074) added sec. 108, originally as sec. 104. Sec. 705(a)(2) of Public 
Law 102-496 (106 Stat. 3190) redesignated sec. 104 as sec. 108.
---------------------------------------------------------------------------
    (2) The national security strategy report for any year 
shall be transmitted on the date on which the President submits 
to Congress the budget for the next fiscal year under section 
1105 of title 31, United States Code.
    (3) \25\ Not later than 150 days after the date on which a 
new President takes office, the President shall transmit to 
congress a national security strategy report under this 
section. That report shall be in addition to the report for 
that year transmitted at the time specified in paragraph (2).
---------------------------------------------------------------------------
    \25\ Sec. 901(b) of Public Law 106-65 (113 Stat. 717) added para. 
(3).
---------------------------------------------------------------------------
    (b) Each national security strategy report shall set forth 
the national security strategy of the United States and shall 
include a comprehensive description and discussion of the 
following:
          (1) The worldwide interests, goals, and objectives of 
        the United States that are vital to the national 
        security of the United States.
          (2) The foreign policy, worldwide commitments, and 
        national defense capabilities of the United States 
        necessary to deter aggression and to implement the 
        national security strategy of the United States.
          (3) The proposed short-term and long-term uses of the 
        political, economic, military, and other elements of 
        the national power of the United States to protect or 
        promote the interests and achieve the goals and 
        objectives referred to in paragraph (1).
          (4) The adequacy of the capabilities of the United 
        States to carry out the national security strategy of 
        the United States, including an evaluation of the 
        balance among the capabilities of all elements of the 
        national power of the United States to support the 
        implementation of the national security strategy.
          (5) Such other information as may be necessary to 
        help inform Congress on matters relating to the 
        national security strategy of the United States.
    (c) Each national security strategy report shall be 
transmitted in both a classified and an unclassified form.

                   annual report on intelligence \26\

    Sec. 109.\27\ (a) In General.--(1) \28\ (A) Not later each 
year than the date provided in section 507, the President shall 
submit to the congressional intelligence committees a report on 
the requirements of the United States for intelligence and the 
activities of the intelligence community.
---------------------------------------------------------------------------
    \26\ Sec. 803(b) of Public Law 104-293 (110 Stat. 3476) struck out 
``community activities'' following ``intelligence'' in the section 
catchline.
    \27\ 50 U.S.C. 404d. Sec. 304(a) of the Intelligence Authorization 
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2034) added 
sec. 109. Sec. 803(a) of Public Law 104-293 (110 Stat. 3475) amended 
and restated subsecs. (a) and (b), and added a new subsec. (c) relating 
to definitions, resulting in two subsecs. (c). Subsequently, sec. 
811(b) of Public Law 107-306 (116 Stat. 2422) struck out the second 
subsec. (c), which had read as follow:
    ``(c) Time for Submission.--The report under this section for any 
year shall be submitted at the same time that the President submits the 
budget for the next fiscal year pursuant to section 1105 of title 31, 
United States Code.''.
    \28\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) amended and 
restated para. (1). It formerly read as follows:
    ``(1) Not later than January 31 each year, the President shall 
submit to the appropriate congressional committees a report on the 
requirements of the United States for intelligence and the activities 
of the intelligence community.''.
---------------------------------------------------------------------------
    (B) Not later than January 31 each year, and included with 
the budget of the President for the next fiscal year under 
section 1105(a) of title 31 United States Code, the President 
shall submit to the appropriate congressional committees the 
report described in subparagraph (A).
    (2) The purpose of the report is to facilitate an 
assessment of the activities of the intelligence community 
during the preceding fiscal year and to assist in the 
development of a mission and a budget for the intelligence 
community for the fiscal year beginning in the year in which 
the report is submitted.
    (3) The report shall be submitted in unclassified form, but 
may include a classified annex.
    (b) \27\ Matters Covered.--(1) Each report under subsection 
(a) shall--
          (A) specify the intelligence required to meet the 
        national security interests of the United States, and 
        set forth an order of priority for the collection and 
        analysis of intelligence required to meet such 
        interests, for the fiscal year beginning in the year in 
        which the report is submitted; and
          (B) evaluate the performance of the intelligence 
        community in collecting and analyzing intelligence 
        required to meet such interests during the fiscal year 
        ending in the year preceding the year in which the 
        report is submitted, including a description of the 
        significant successes and significant failures of the 
        intelligence community in such collection and analysis 
        during that fiscal year.
    (2) The report shall specify matters under paragraph (1)(A) 
in sufficient detail to assist Congress in making decisions 
with respect to the allocation of resources for the matters 
specified.
    (c) \27\ Definition.--In this section, the term 
``appropriate congressional committees'' means the following:
          (1) The Committee on Appropriations \29\ and the 
        Committee on Armed Services of the Senate.
---------------------------------------------------------------------------
    \29\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) struck out 
``The Select Committee on Intelligence, the Committee on 
Appropriations,'' and inserted in lieu thereof ``The Committee on 
Appropriations''.
---------------------------------------------------------------------------
          (2) The Committee on Appropriations \30\ and the 
        Committee on Armed Services \31\ of the House of 
        Representatives.
---------------------------------------------------------------------------
    \30\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) struck out 
``The Select Committee on Intelligence, the Committee on 
Appropriations,'' and inserted in lieu thereof ``The Committee on 
Appropriations''.
    \31\ Sec. 1067(16) of Public Law 106-65 (113 Stat. 775) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------
          * * * * * * *

      restrictions on intelligence sharing with the united nations

    Sec. 112.\32\ (a) Provision of Intelligence Information to 
the United Nations.--(1) No United States intelligence 
information may be provided to the United Nations or any 
organization affiliated with the United Nations, or to any 
officials or employees thereof, unless the President certifies 
to the appropriate committees of Congress that the Director of 
National Intelligence,\33\ in consultation with the Secretary 
of State and the Secretary of Defense, has established and 
implemented procedures, and has worked with the United Nations 
to ensure implementation of procedures, for protecting from 
unauthorized disclosure United States intelligence sources and 
methods connected to such information.
---------------------------------------------------------------------------
    \32\ 50 U.S.C. 404g. Added as sec. 110 by sec. 308(a) of Public Law 
104-293 (110 Stat. 3466). Redesignated as sec. 112 by sec. 303(b) of 
Public Law 105-107 (111 Stat. 2252).
    \33\ Sec. 1071(a) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of National Intelligence.
---------------------------------------------------------------------------
    (2) Paragraph (1) may be waived upon written certification 
by the President to the appropriate committees of Congress that 
providing such information to the United Nations or an 
organization affiliated with the United Nations, or to any 
officials or employees thereof, is in the national security 
interests of the United States.
    (b) Annual and Special Reports.\34\--(1) The President 
shall report annually \35\ to the appropriate committees of 
Congress on the types and volume of intelligence provided to 
the United Nations and the purposes for which it was provided 
during the period covered by the report. The President shall 
also report to the appropriate committees of Congress within 15 
days after it has become known to the United States Government 
that there has been an unauthorized disclosure of intelligence 
provided by the United States to the United Nations.
---------------------------------------------------------------------------
    \34\ Sec. 361(b)(1) of the Intelligence Authorization Act for 
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out 
``Periodic'' and inserted in lieu thereof ``Annual'' in the subsec. 
catchline.
    \35\ Sec. 361(b)(2) of the Intelligence Authorization Act for 
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out 
``semiannually'' and inserted in lieu thereof ``annually''.
---------------------------------------------------------------------------
    (2) The requirement for periodic reports under the first 
sentence of paragraph (1) shall not apply to the provision of 
intelligence that is provided only to, and for the use of, 
appropriately cleared United States Government personnel 
serving with the United Nations.
    (3) \36\ In the case of the annual \37\ reports required to 
be submitted under the first sentence of paragraph (1) to the 
congressional intelligence committees, the submittal dates for 
such reports shall be as provided in section 507.
---------------------------------------------------------------------------
    \36\ Sec. 811(b)(1)(C) of Public Law 107-306 (116 Stat. 2422) added 
para. (3).
    \37\ Sec. 361(b)(3) of the Intelligence Authorization Act for 
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out 
``periodic'' and inserted in lieu thereof ``the annual''.
---------------------------------------------------------------------------
    (c) Delegation of Duties.--The President may not delegate 
or assign the duties of the President under this section.
    (d) Relationship to Existing Law.--Nothing in this section 
shall be construed to--
          (1) impair or otherwise affect the authority of the 
        Director of National Intelligence \33\ to protect 
        intelligence sources and methods from unauthorized 
        disclosure pursuant to section 103(c)(7) \38\ of this 
        Act; or
---------------------------------------------------------------------------
    \38\ Sec. 377(a) of the Intelligence Authorization Act for Fiscal 
Year 2004 (Public Law 108-177; 117 Stat. 2630) struck out ``section 
103(c)(6)'' and inserted in lieu thereof ``section 103(c)(7)''. 
Subsequently, sec. 1072(4) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3692) sought to 
strike out ``section 103(c)(6)'' and insert in lieu thereof ``section 
102A(i)''. This latter amendment is not executable, as ``section 
(c)(6)'' is not in the text.
---------------------------------------------------------------------------
          (2) supersede or otherwise affect the provisions of 
        title V of this Act.
    (e) Definition.--As used in this section, the term 
``appropriate committees of Congress'' means the Committee on 
Foreign Relations and the Select Committee on Intelligence of 
the Senate and the Committee on Foreign Relations \39\ and the 
Permanent Select Committee on Intelligence of the House of 
Representatives.
---------------------------------------------------------------------------
    \39\ As enrolled. Should read ``Committee on International 
Relations'' (and subsequently, ``Committee on Foreign Affairs'').
---------------------------------------------------------------------------
          * * * * * * *

  limitation on establishment or operation of diplomatic intelligence 
                            support centers

    Sec. 115.\40\ (a) In General.--(1) A diplomatic 
intelligence support center may not be established, operated, 
or maintained without the prior approval of the Director of 
National Intelligence.\41\
---------------------------------------------------------------------------
    \40\ 50 U.S.C. 404j. Sec. 303 of the Intelligence Authorization Act 
for Fiscal Year 2000 (Public Law 106-120; 113 Stat. 1610) added sec. 
115.
    \41\ Sec. 1071(a)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of National Intelligence''.
---------------------------------------------------------------------------
    (2) The Director may only approve the establishment, 
operation, or maintenance of a diplomatic intelligence support 
center if the Director determines that the establishment, 
operation, or maintenance of such center is required to provide 
necessary intelligence support in furtherance of the national 
security interests of the United States.
    (b) Prohibition of Use of Appropriations.--Amounts 
appropriated pursuant to authorizations by law for intelligence 
and intelligence-related activities may not be obligated or 
expended for the establishment, operation, or maintenance of a 
diplomatic intelligence support center that is not approved by 
the Director of National Intelligence.\41\
    (c) Definitions.--In this section:
          (1) The term ``diplomatic intelligence support 
        center'' means an entity to which employees of the 
        various elements of the intelligence community (as 
        defined in section 3(4)) are detailed for the purpose 
        of providing analytical intelligence support that--
                  (A) consists of intelligence analyses on 
                military or political matters and expertise to 
                conduct limited assessments and dynamic 
                taskings for a chief of mission; and
                  (B) is not intelligence support traditionally 
                provided to a chief of mission by the Director 
                of National Intelligence.\41\
          (2) The term ``chief of mission'' has the meaning 
        given that term by section 102(3) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3902(3)), and includes 
        ambassadors at large and ministers of diplomatic 
        missions of the United States, or persons appointed to 
        lead United States offices abroad designated by the 
        Secretary of State as diplomatic in nature.
    (d) Termination.--This section shall cease to be effective 
on October 1, 2000.

          TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

               general congressional oversight provisions

    Sec. 501.\42\, \43\ (a)(1) The President shall 
ensure that the congressional intelligence committees \44\ are 
kept fully and currently informed of the intelligence 
activities of the United States, including any significant 
anticipated intelligence activity as required by this title.
---------------------------------------------------------------------------
    \42\ 50 U.S.C. 413.
    \43\ Sec. 602(a) of Public Law 102-88 (105 Stat. 441) redesignated 
secs. 502 and 503 as secs. 504 and 505, and added new secs. 502 and 
503. Such section further struck out sec. 501 and inserted a new sec. 
501.
    \44\ Sec. 353(b)(3) of Public Law 107-306 (116 Stat. 2402) struck 
out ``intelligence committees'' and inserted in lieu thereof 
``congressional intelligence committees''.
---------------------------------------------------------------------------
    (2) \45\ Nothing in this title shall be construed as 
requiring the approval of the congressional intelligence 
committees \44\ as a condition precedent to the initiation of 
any significant anticipated intelligence activity.
---------------------------------------------------------------------------
    \45\ Sec. 353(b)(7) of Public Law 107-306 (116 Stat. 2402) struck 
out para. (2) and redesignated para. (3) as para. (2). Former para. (2) 
defined the term ``congressional intelligence committees'' as ``the 
Select Committee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives''.
---------------------------------------------------------------------------
    (b) The President shall ensure that any illegal 
intelligence activity is reported promptly to the congressional 
intelligence committees,\44\ as well as any corrective action 
that has been taken or is planned in connection with such 
illegal activity.
    (c) The President and the congressional intelligence 
committees \44\ shall each establish such procedures as may be 
necessary to carry out the provisions of this title.
    (d) The House of Representatives and the Senate shall each 
establish, by rule or resolution of such House, procedures to 
protect from unauthorized disclosure all classified 
information, and all information relating to intelligence 
sources and methods, that is furnished to the congressional 
intelligence committees \44\ or to Members of Congress under 
this title. Such procedures shall be established in 
consultation with the Director of National Intelligence.\41\ In 
accordance with such procedures, each of the congressional 
intelligence committees \44\ shall promptly call to the 
attention of its respective House, or to any appropriate 
committee or committees of its respective House, any matter 
relating to intelligence activities requiring the attention of 
such House or such committee or committees.
    (e) Nothing in this Act shall be construed as authority to 
withhold information from the congressional intelligence 
committees \44\ on the grounds that providing the information 
to the congressional intelligence committees \44\ would 
constitute the unauthorized disclosure of classified 
information or information relating to intelligence sources and 
methods.
    (f) As used in this section, the term ``intelligence 
activities'' includes covert actions as defined in section 
503(e), and includes financial intelligence activities.\46\
---------------------------------------------------------------------------
    \46\ Sec. 342(b) of Public Law 107-306 (116 Stat. 2399) inserted 
``and includes financial intelligence activities''.
---------------------------------------------------------------------------

     reporting of intelligence activities other than covert actions

    Sec. 502.\43\, \47\ (a) \48\ In General.--To the 
extent consistent with due regard for the protection from 
unauthorized disclosure of classified information relating to 
sensitive intelligence sources and methods or other 
exceptionally sensitive matters, the Director of National 
Intelligence \41\ and the heads of all departments, agencies, 
and other entities of the United States Government involved in 
intelligence activities shall--
---------------------------------------------------------------------------
    \47\ 50 U.S.C. 413a. Sec. 405 of Public Law 102-88 (105 Stat. 434) 
provided the following:
---------------------------------------------------------------------------

``sec. 405. furnishing of intelligence information to the senate and house 
select committees on intelligence.
---------------------------------------------------------------------------

    ``(a) Furnishing of Specific Information.--In accordance with title 
V of the National Security Act of 1947, the head of any department or 
agency of the United States involved in any intelligence activities 
which may pertain to United States military personnel listed as 
prisoner, missing, or unaccounted for in military actions shall furnish 
any information or documents in the possession, custody, or control of 
the department or agency, or person paid by such department or agency, 
whenever requested by the Permanent Select Committee on Intelligence of 
the House of Representatives or the Select Committee on Intelligence of 
the Senate.
    ``(b) Access by Committees and Members of Congress.--In accordance 
with Senate Resolution 400, Ninety-Fourth Congress, and House 
Resolution 658, Ninety-fifth Congress, the committees named in 
subsection (a) shall, upon request and under such regulations as the 
committees have prescribed to protect the classification of such 
information, make any information described in subsection (a) available 
to any other committee or any other Member of Congress and 
appropriately cleared staff.''.
    \48\ Sec. 305(1) of Public Law 107-108 (115 Stat. 1398) inserted 
``(a) In General.--''.
---------------------------------------------------------------------------
          (1) keep the congressional intelligence committees 
        \49\ fully and currently informed of all intelligence 
        activities, other than a covert action (as defined in 
        section 503(e)), which are the responsibility of, are 
        engaged in by, or are carried out for or on behalf of, 
        any department, agency, or entity of the United States 
        Government, including any significant anticipated 
        intelligence activity and any significant intelligence 
        failure; and
---------------------------------------------------------------------------
    \49\ Sec. 353(b)(3) of Public Law 107-306 (116 Stat. 2402) struck 
out ``intelligence committees'' and inserted in lieu thereof 
``congressional intelligence committees''.
---------------------------------------------------------------------------
          (2) furnish the congressional intelligence committees 
        \49\ any information or material concerning 
        intelligence activities, other than covert actions, 
        which is within their custody or control, and which is 
        requested by either of the congressional intelligence 
        committees \49\ in order to carry out its authorized 
        responsibilities.
    (b) \50\ Form and Contents of Certain Reports.--Any report 
relating to a significant anticipated intelligence activity or 
a significant intelligence failure that is submitted to the 
intelligence committees for purposes of subsection (a)(1) shall 
be in writing, and shall contain the following:
---------------------------------------------------------------------------
    \50\ Sec. 305(2) of Public Law 107-108 (115 Stat. 1398) added 
subsecs. (b) and (c).
---------------------------------------------------------------------------
          (1) A concise statement of any facts pertinent to 
        such report.
          (2) An explanation of the significance of the 
        intelligence activity or intelligence failure covered 
        by such report.
    (c) \50\ Standards and Procedures for Certain Reports.--The 
Director of National Intelligence,\41\ in consultation with the 
heads of the departments, agencies, and entities referred to in 
subsection (a), shall establish standards and procedures 
applicable to reports covered by subsection (b).

         presidential approval and reporting of covert actions

    Sec. 503.\43\, \51\ (a) The President may not 
authorize the conduct of a covert action by departments, 
agencies, or entities of the United States Government unless 
the President determines such an action is necessary to support 
identifiable foreign policy objectives of the United States and 
is important to the national security of the United States, 
which determination shall be set forth in a finding that shall 
meet each of the following conditions:
---------------------------------------------------------------------------
    \51\ 50 U.S.C. 413b.
---------------------------------------------------------------------------
          (1) Each finding shall be in writing, unless 
        immediate action by the United States is required and 
        time does not permit the preparation of a written 
        finding, in which case a written record of the 
        President's decision shall be contemporaneously made 
        and shall be reduced to a written finding as soon as 
        possible but in no event more than 48 hours after the 
        decision is made.
          (2) Except as permitted by paragraph (1), a finding 
        may not authorize or sanction a covert action, or any 
        aspect of any such action, which already has occurred.
          (3) Each finding shall specify each department, 
        agency, or entity of the United States Government 
        authorized to fund or otherwise participate in any 
        significant way in such action. Any employee, 
        contractor, or contract agent of a department, agency, 
        or entity of the United States Government other than 
        the Central Intelligence Agency directed to participate 
        in any way in a covert action shall be subject either 
        to the policies and regulations of the Central 
        Intelligence Agency, or to written policies or 
        regulations adopted by such department, agency, or 
        entity, to govern such participation.
          (4) Each finding shall specify whether it is 
        contemplated that any third party which is not an 
        element of, or a contractor or contract agent of, the 
        United States Government, or is not otherwise subject 
        to United States Government policies and regulations, 
        will be used to fund or otherwise participate in any 
        significant way in the covert action concerned, or be 
        used to undertake the covert action concerned on behalf 
        of the United States.
          (5) A finding may not authorize any action that would 
        violate the Constitution or any statute of the United 
        States.
    (b) To the extent consistent with due regard for the 
protection from unauthorized disclosure of classified 
information relating to sensitive intelligence sources and 
methods or other exceptionally sensitive matters, the Director 
of National Intelligence \41\ and the heads of all departments, 
agencies, and entities of the United States Government involved 
in a covert action--
          (1) shall keep the congressional intelligence 
        committees \49\ fully and currently informed of all 
        covert actions which are the responsibility of, are 
        engaged in by, or are carried out for or on behalf of, 
        any department, agency, or entity of the United States 
        Government, including significant failures; and
          (2) shall furnish to the congressional intelligence 
        committees \49\ any information or material concerning 
        covert actions which is in the possession, custody, or 
        control of any department, agency, or entity of the 
        United States Government and which is requested by 
        either of the congressional intelligence committees 
        \49\ in order to carry out its authorized 
        responsibilities.
    (c)(1) The President shall ensure that any finding approved 
pursuant to subsection (a) shall be reported to the 
congressional intelligence committees \49\ as soon as possible 
after such approval and before the initiation of the covert 
action authorized by the finding, except as otherwise provided 
in paragraph (2) and paragraph (3).
    (2) If the President determines that it is essential to 
limit access to the finding to meet extraordinary circumstances 
affecting vital interests of the United States, the finding may 
be reported to the chairmen and ranking minority members of the 
congressional intelligence committees,\49\ the Speaker and 
minority leader of the House of Representatives, the majority 
and minority leaders of the Senate, and such other member or 
members of the congressional leadership as may be included by 
the President.
    (3) Whenever a finding is not reported pursuant to 
paragraph (1) or (2) of this section, the President shall fully 
inform the congressional intelligence committees \49\ in a 
timely fashion and shall provide a statement of the reasons for 
not giving prior notice.
    (4) In a case under paragraph (1), (2), or (3), a copy of 
the finding, signed by the President, shall be provided to the 
chairman of each congressional intelligence committee.\49\ When 
access to a finding is limited to the Members of Congress 
specified in paragraph (2), a statement of the reasons for 
limiting such access shall also be provided.
    (d) The President shall ensure that the congressional 
intelligence committees,\49\ or, if applicable, the Members of 
Congress specified in subsection (c)(2), are notified of any 
significant change in a previously approved covert action, or 
any significant undertaking pursuant to a previously approved 
finding, in the same manner as findings are reported pursuant 
to subsection (c).
    (e) As used in this title, the term ``covert action'' means 
an activity or activities of the United States Government to 
influence political, economic, or military conditions abroad, 
where it is intended that the role of the United States 
Government will not be apparent or acknowledged publicly, but 
does not include--
          (1) activities the primary purpose of which is to 
        acquire intelligence, traditional counterintelligence 
        activities, traditional activities to improve or 
        maintain the operational security of United States 
        Government programs, or administrative activities;
          (2) traditional diplomatic or military activities or 
        routine support to such activities;
          (3) traditional law enforcement activities conducted 
        by United States Government law enforcement agencies or 
        routine support to such activities; or
          (4) activities to provide routine support to the 
        overt activities (other than activities described in 
        paragraph (1), (2), or (3)) of other United States 
        Government agencies abroad.
    (f) No covert action may be conducted which is intended to 
influence United States political processes, public opinion, 
policies, or media.

                   funding of intelligence activities

    Sec. 504.\52\ (a) Appropriated funds available to an 
intelligence agency may be obligated or expended for an 
intelligence or intelligence-related activity only if--
---------------------------------------------------------------------------
    \52\ 50 U.S.C. 414. Added as sec. 502 by sec. 401(a) of Public Law 
99-169 (99 Stat. 1004), redesignated as sec. 504 by sec. 602(a)(1) of 
Public Law 102-88 (105 Stat. 441). Sec. 8089 of the Department of 
Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1193), 
provided the following:
    ``Sec. 8089. During the current fiscal year and hereafter, none of 
the funds appropriated for intelligence programs to the Department of 
Defense which are transferred to another Federal agency for execution 
shall be expended by the Department of Defense in any fiscal year in 
excess of amounts required for expenditure during such fiscal year by 
the Federal agency to which such funds are transferred.''.
    Sec. 701 of the Intelligence Authorization Act, Fiscal Year 1992 
(Public Law 102-183; 105 Stat. 1270), provided the following:
---------------------------------------------------------------------------

``sec. 701. sense of congress regarding disclosure of annual intelligence 
budget.
---------------------------------------------------------------------------

    ``It is the sense of Congress that, beginning in 1993, and in each 
year thereafter, the aggregate amount requested and authorized for, and 
spent on, intelligence and intelligence-related activities should be 
disclosed to the public in an appropriate manner.''.
    Identical language was contained in sec. 303 of the Intelligence 
Authorization Act, Fiscal Year 1993 (Public Law 102-496; 106 Stat. 
3183).
---------------------------------------------------------------------------
          (1) those funds were specifically authorized by the 
        Congress for use for such activities; or
          (2) in the case of funds from the reserve for 
        Contingencies of the Central Intelligence Agency and 
        consistent with the provisions of section 503 \53\ of 
        this Act concerning any significant anticipated 
        intelligence activity, the Director of the Central 
        Intelligence Agency \54\ has notified the appropriate 
        congressional committees of the intent to make such 
        funds available for such activity; or
---------------------------------------------------------------------------
    \53\ Sec. 602(c) of Public Law 102-88 (105 Stat. 444) struck out 
``section 501'' and inserted in lieu thereof ``section 503''.
    \54\ Sec. 1071(a)(5) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3690) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of the Central Intelligence Agency''.
---------------------------------------------------------------------------
          (3) in the case of funds specifically authorized by 
        the Congress for a different activity--
                  (A) the activity to be funded is a higher 
                priority intelligence or intelligence-related 
                activity;
                  (B) the need for funds for such activity is 
                based on unforeseen requirements; and
                  (C) the Director of National 
                Intelligence,\55\ the Secretary of Defense, or 
                the Attorney General, as appropriate, has 
                notified the appropriate congressional 
                committees of the intent to make such funds 
                available for such activity;
---------------------------------------------------------------------------
    \55\ Sec. 1071(a)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of National Intelligence''.
---------------------------------------------------------------------------
          (4) nothing in this subsection prohibits obligation 
        or expenditure of funds available to an intelligence 
        agency in accordance with sections 1535 and 1536 of 
        title 31, United States Code.
    (b) Funds available to an intelligence agency may not be 
made available for any intelligence or intelligence-related 
activity for which funds were denied by the Congress.
    (c) \56\ No funds appropriated for, or otherwise available 
to, any department, agency, or entity of the United States 
Government may be expended, or may be directed to be expended, 
for any covert action, as defined in section 503(e), unless and 
until a Presidential finding required by subsection (a) of 
section 503 has been signed or otherwise issued in accordance 
with that subsection.
---------------------------------------------------------------------------
    \56\ Sec. 603 of Public Law 102-88 (105 Stat. 444) redesignated 
subsec. (c) as (e), and added new subsecs. (c) and (d).
---------------------------------------------------------------------------
    (d) \56\ (1) Except as otherwise specifically provided by 
law, funds available to an intelligence agency that are not 
appropriated funds may be obligated or expended for an 
intelligence or intelligence-related activity only if those 
funds are used for activities reported to the appropriate 
congressional committees pursuant to procedures which 
identify--
          (A) the types of activities for which nonappropriated 
        funds may be expended; and
          (B) the circumstances under which an activity must be 
        reported as a significant anticipated intelligence 
        activity before such funds can be expended.
    (2) Procedures for purposes of paragraph (1) shall be 
jointly agreed upon by the congressional intelligence 
committees \49\ and, as appropriate, the Director of National 
Intelligence \55\ or the Secretary of Defense.
    (e) \56\ As used in this section--
          (1) the term ``intelligence agency'' means any 
        department, agency, or other entity of the United 
        States involved in intelligence or intelligence-related 
        activities;
          (2) the term ``appropriate congressional committees'' 
        means the Permanent Select Committee on Intelligence 
        and the Committee on Appropriations of the House of 
        Representatives and the Select Committee on 
        Intelligence and the Committee on Appropriations of the 
        Senate; and
          (3) the term ``specifically authorized by the 
        Congress'' means that--
                  (A) the activity and the amount of funds 
                proposed to be used for that activity were 
                identified in a formal budget request to the 
                Congress, but funds shall be deemed to be 
                specifically authorized for that activity only 
                the extent that the Congress both authorized 
                the funds to be appropriated for that activity 
                and appropriated the funds for that activity; 
                or
                  (B) although the funds were not formally 
                requested, the Congress both specifically 
                authorized the appropriation of the funds for 
                the activity and appropriated the funds for the 
                activity.

notice to congress of certain transfer of defense articles and defense 
                                services

    Sec. 505.\57\ (a)(1) The transfer of a defense article or 
defense service, or the anticipated transfer in any fiscal year 
of any aggregation of defense articles or defense services,\58\ 
exceeding $1,000,000 in value by an intelligence agency to a 
recipient outside that agency shall be considered a significant 
anticipated intelligence activity for the purpose of this 
title.\59\
---------------------------------------------------------------------------
    \57\ 50 U.S.C. 415. Added by sec. 602(a) of Public Law 99-569 (100 
Stat. 3203) as sec. 503; redesignated as sec. 505 by sec. 602(a)(1) of 
Public Law 102-88 (105 Stat. 441).
    \58\ Sec. 604 of Public Law 102-88 (105 Stat. 445) inserted ``, or 
the anticipated transfer in any fiscal year of any aggregation of 
defense articles or defense services,''.
    \59\ Sec. 602(c)(2) of Public Law 102-88 (105 Stat. 444) struck out 
``section 501 of this Act'' and inserted in lieu thereof ``this 
title''.
---------------------------------------------------------------------------
    (2) Paragraph (1) does not apply if--
          (A) the transfer is being made to a department, 
        agency, or other entity of the United States (so long 
        as there will not be a subsequent retransfer of the 
        defense articles or defense services outside the United 
        States Government in conjunction with an intelligence 
        or intelligence-related activity); or
          (B) the transfer--
                  (i) is being made pursuant to authorities 
                contained in part II of the Foreign Assistance 
                Act of 1961, the Arms Export Control Act, title 
                10 of the United States Code (including a law 
                enacted pursuant to section 7307(a) \60\ of 
                that title), or the Federal Property and 
                Administrative Services Act of 1949, and
---------------------------------------------------------------------------
    \60\ Sec. 828(d)(1) of Public Law 103-160 (107 Stat. 1715) struck 
out ``section 7307(b)(1)'' and inserted in lieu thereof ``section 
7307(a)''.
---------------------------------------------------------------------------
                  (ii) is not being made in conjunction with an 
                intelligence or intelligence-related activity.
    (3) An intelligence agency may not transfer any defense 
articles or defense services outside the agency in conjunction 
with any intelligence or intelligence-related activity for 
which funds were denied by the Congress.
    (b) As used in this section--
          (1) the term ``intelligence agency'' means any 
        department, agency, or other entity of the United 
        States involved in intelligence or intelligence-related 
        activities;
          (2) the terms ``defense articles'' and ``defense 
        services'' mean the items of the United States 
        Munitions List pursuant to section 38 of the Arms 
        Export Control Act (22 CFR part 12);
          (3) the term ``transfer'' means--
                  (A) in the case of defense articles, the 
                transfer of possession of those articles; and
                  (B) in the case of defense services, the 
                provision of those services; and
          (4) the term ``value'' means--
                  (A) in the case of defense articles, the 
                greater of--
                          (i) the original acquisition cost to 
                        the United States Government, plus the 
                        cost of improvements or other 
                        modifications made by or on behalf of 
                        the Government; or
                          (ii) the replacement cost; and
                  (B) in the case of defense services, the full 
                cost to the Government of providing the 
                services.
          * * * * * * *

           TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS \61\

applicability to united states intelligence activities of federal laws 
           implementing international treaties and agreements

    Sec. 1101.\61\ (a) In General.--No Federal law enacted on 
or after the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2001 that implements a treaty 
or other international agreement shall be construed as making 
unlawful an otherwise lawful and authorized intelligence 
activity of the United States Government or its employees, or 
any other person to the extent such other person is carrying 
out such activity on behalf of, and at the direction of, the 
United States, unless such Federal law specifically addresses 
such intelligence activity.
---------------------------------------------------------------------------
    \61\ 50 U.S.C. 442. Sec. 308 of the Intelligence Authorization Act 
for Fiscal Year 2001 (Public Law 106-567; 114 Stat. 2840) added title 
XI and sec. 1101, originally as title X and sec. 1001, respectively. 
Subsequently, sec. 331(a) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-307; 116 Stat. 2394) redesignated 
title X as title XI and sec. 1001 as sec. 1101.
---------------------------------------------------------------------------
    (b) Authorized Intelligence Activities.--An intelligence 
activity shall be treated as authorized for purposes of 
subsection (a) if the intelligence activity is authorized by an 
appropriate official of the United States Government, acting 
within the scope of the official duties of that official and in 
compliance with Federal law and any applicable Presidential 
directive.
          * * * * * * *
                8. Intelligence Authorization Provisions

                       a. Kosova Liberation Army

Partial text of Public Law 106-120 [Intelligence Authorization Act for 
Fiscal Year 2000; H.R. 1555], 113 Stat. 1606, approved December 3, 1999

      AN ACT To authorize appropriations for fiscal year 2000 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 312. REPORT ON KOSOVA LIBERATION ARMY.

    (a) Report.--Not later than 30 days after the date of the 
enactment of this Act, the Director of Central Intelligence 
shall submit to the appropriate congressional committees a 
report (in both classified and unclassified form) on the 
organized resistance in Kosovo known as the Kosova Liberation 
Army. The report shall include the following:
          (1) A summary of the history of the Kosova Liberation 
        Army.
          (2) As of the date of the enactment of this Act--
                  (A) the number of individuals currently 
                participating in or supporting combat 
                operations of the Kosova Liberation Army 
                (fielded forces), and the number of individuals 
                in training for such service (recruits);
                  (B) the types, and quantity of each type, of 
                weapon employed by the Kosova Liberation Army, 
                the training afforded to such fielded forces in 
                the use of such weapons, and the sufficiency of 
                such training to conduct effective military 
                operations; and
                  (C) minimum additional weaponry and training 
                required to improve substantially the efficacy 
                of such military operations.
          (3) An estimate of the percentage of funding (if any) 
        of the Kosova Liberation Army that is attributable to 
        profits from the sale of illicit narcotics.
          (4) A description of the involvement (if any) of the 
        Kosova Liberation Army in terrorist activities.
          (5) A description of the number of killings of 
        noncombatant civilians (if any) carried out by the 
        Kosova Liberation Army since its formation.
          (6) A description of the leadership of the Kosova 
        Liberation Army, including an analysis of--
                  (A) the political philosophy and program of 
                the leadership; and
                  (B) the sentiment of the leadership toward 
                the United States.
    (b) Appropriate Congressional Committees Defined.--As used 
in this section, the term ``appropriate congressional 
committees'' means the Committee on International Relations and 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Foreign Relations and the 
Select Committee on Intelligence of the Senate.
          * * * * * * *
   b. Limitation on State Department Handling of Classified Materials

Partial text of Public Law 106-567 [Intelligence Authorization Act for 
  Fiscal Year 2001; H.R. 5630], 114 Stat. 2831, approved December 27, 
                                  2000

      AN ACT To authorize appropriations for fiscal year 2001 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 309.\1\ LIMITATION ON HANDLING, RETENTION, AND STORAGE OF CERTAIN 
                    CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE.
---------------------------------------------------------------------------

    \1\ 50 U.S.C. 435a.
---------------------------------------------------------------------------
    (a) Certification Regarding Full Compliance With 
Requirements.--The Director of Central Intelligence \2\ shall 
certify to the appropriate committees of Congress whether or 
not each covered element of the Department of State is in full 
compliance with all applicable directives of the Director of 
Central Intelligence \2\ relating to the handling, retention, 
or storage of covered classified material.
---------------------------------------------------------------------------
    \2\ Reference to the Director of Central Intelligence or the 
Director of the Central Intelligence Agency in the Director's capacity 
as the head of the intelligence community is deemed to be a reference 
to the Director of National Intelligence. Reference to the Director of 
Central Intelligence or the Director of the Central Intelligence Agency 
in the Director's capacity as the head of the Central Intelligence 
Agency is deemed to be a reference to the Director of the Central 
Intelligence Agency. See sec. 1081(a) and (b) of Public Law 108-458 
(118 Stat. 3696) under sec. 401 of this title.
---------------------------------------------------------------------------
    (b) Limitation on Certification.--The Director of Central 
Intelligence \2\ may not certify a covered element of the 
Department of State as being in full compliance with the 
directives referred to in subsection (a) if the covered element 
is currently subject to a waiver of compliance with respect to 
any such directive.
    (c) Report on Noncompliance.--Whenever the Director of 
Central Intelligence \2\ determines that a covered element of 
the Department of State is not in full compliance with any 
directive referred to in subsection (a), the Director shall 
promptly notify the appropriate committees of Congress of such 
determination.
    (d) Effects of Certification of Non-Full Compliance.--(1) 
Subject to subsection (e), effective as of January 1, 2001, a 
covered element of the Department of State may not retain or 
store covered classified material unless the Director has 
certified under subsection (a) as of such date that the covered 
element is in full compliance with the directives referred to 
in subsection (a).
    (2) If the prohibition in paragraph (1) takes effect in 
accordance with that paragraph, the prohibition shall remain in 
effect until the date on which the Director certifies under 
subsection (a) that the covered element involved is in full 
compliance with the directives referred to in that subsection.
    (e) Waiver by Director of Central Intelligence.\2\ --(1) 
The Director of Central Intelligence \2\ may waive the 
applicability of the prohibition in subsection (d) to an 
element of the Department of State otherwise covered by such 
prohibition if the Director determines that the waiver is in 
the national security interests of the United States.
    (2) The Director shall submit to appropriate committees of 
Congress a report on each exercise of the waiver authority in 
paragraph (1).
    (3) Each report under paragraph (2) with respect to the 
exercise of authority under paragraph (1) shall set forth the 
following:
          (A) The covered element of the Department of State 
        addressed by the waiver.
          (B) The reasons for the waiver.
          (C) The actions that will be taken to bring such 
        element into full compliance with the directives 
        referred to in subsection (a), including a schedule for 
        completion of such actions.
          (D) The actions taken by the Director to protect any 
        covered classified material to be handled, retained, or 
        stored by such element pending achievement of full 
        compliance of such element with such directives.
    (f) Definitions.--In this section:
          (1) The term ``appropriate committees of Congress'' 
        means the following:
                  (A) The Select Committee on Intelligence and 
                the Committee on Foreign Relations of the 
                Senate.
                  (B) The Permanent Select Committee on 
                Intelligence and the Committee on International 
                Relations of the House of Representatives.
          (2) The term ``covered classified material'' means 
        any material classified at the Sensitive Compartmented 
        Information (SCI) level.
          (3) The term ``covered element of the Department of 
        State'' means each element of the Department of State 
        that handles, retains, or stores covered classified 
        material.
          (4) The term ``material'' means any data, regardless 
        of physical form or characteristic, including written 
        or printed matter, automated information systems 
        storage media, maps, charts, paintings, drawings, 
        films, photographs, engravings, sketches, working 
        notes, papers, reproductions of any such things by any 
        means or process, and sound, voice, magnetic, or 
        electronic recordings.
          (5) The term ``Sensitive Compartmented Information 
        (SCI) level'', in the case of classified material, 
        means a level of classification for information in such 
        material concerning or derived from intelligence 
        sources, methods, or analytical processes that requires 
        such information to be handled within formal access 
        control systems established by the Director of Central 
        Intelligence.\2\
          * * * * * * *
  c. Evaluation of State Department Protection of Classified Materials

Partial text of Public Law 107-306 [Intelligence Authorization Act for 
  Fiscal Year 2003; H.R. 4628], 116 Stat. 2383, approved November 27, 
                                  2002

      AN ACT To authorize appropriations for fiscal year 2003 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 832.\1\ EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF 
                    STATE ON PROTECTION OF CLASSIFIED INFORMATION AT 
                    DEPARTMENT HEADQUARTERS.

    (a) Evaluation Required.--Not later than December 31 of 
2002, 2003, and 2004, the Inspector General of the Department 
of State shall conduct an evaluation of the policies and 
procedures of the Department on the protection of classified 
information at the Headquarters of the Department, including 
compliance with the directives of the Director of Central 
Intelligence (DCIDs) regarding the storage and handling of 
Sensitive Compartmented Information (SCI) material.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4861 note.
---------------------------------------------------------------------------
    (b) Annual Report.--Except as provided in subsection (c), 
not later than February 1 of 2003, 2004, and 2005, the 
Inspector General shall submit to the following committees a 
report on the evaluation conducted under subsection (a) during 
the preceding year:
          (1) The congressional intelligence committees.
          (2) The Committee on Foreign Relations of the Senate 
        and the Committee on International Relations of the 
        House of Representatives.
    (c) Exception.--The date each year for the submittal of a 
report under subsection (b) may be postponed in accordance with 
section 507(d) of the National Security Act of 1947, as added 
by section 811 of this Act.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' 
means--
          (1) the Select Committee on Intelligence of the 
        Senate; and
          (2) the Permanent Select Committee on Intelligence of 
        the House of Representatives.
          * * * * * * *
 d. Coordination of Federal Government Research on Security Evaluations

Partial text of Public Law 108-487 [Intelligence Authorization Act for 
  Fiscal Year 2004; H.R. 4548], 117 Stat. 2559, approved December 13, 
                                  2003

      AN ACT To authorize appropriations for fiscal year 2004 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 375. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON SECURITY 
                    EVALUATIONS.

    (a) Workshops for Coordination of Research.--The National 
Science Foundation and the Office of Science and Technology 
Policy shall jointly sponsor not less than two workshops on the 
coordination of Federal Government research on the use of 
behavioral, psychological, and physiological assessments of 
individuals in the conduct of security evaluations.
    (b) Deadline for Completion of Activities.--The activities 
of the workshops sponsored under subsection (a) shall be 
completed not later than March 1, 2004.
    (c) Purposes.--The purposes of the workshops sponsored 
under subsection (a) are as follows:
          (1) To provide a forum for cataloging and 
        coordinating federally funded research activities 
        relating to the development of new techniques in the 
        behavioral, psychological, or physiological assessment 
        of individuals to be used in security evaluations.
          (2) To develop a research agenda for the Federal 
        Government on behavioral, psychological, and 
        physiological assessments of individuals, including an 
        identification of the research most likely to advance 
        the understanding of the use of such assessments of 
        individuals in security evaluations.
          (3) To distinguish between short-term and long-term 
        areas of research on behavioral, psychological, and 
        physiological assessments of individuals in order to 
        maximize the utility of short-term and long-term 
        research on such assessments.
          (4) To identify the Federal agencies best suited to 
        support research on behavioral, psychological, and 
        physiological assessments of individuals.
          (5) To develop recommendations for coordinating 
        future federally funded research for the development, 
        improvement, or enhancement of security evaluations.
    (d) Advisory Group.--(1) In order to assist the National 
Science Foundation and the Office of Science and Technology 
Policy in carrying out the activities of the workshops 
sponsored under subsection (a), there is hereby established an 
interagency advisory group with respect to such workshops.
    (2) The advisory group shall be composed of the following:
          (A) A representative of the Social, Behavioral, and 
        Economic Directorate of the National Science 
        Foundation.
          (B) A representative of the Office of Science and 
        Technology Policy.
          (C) The Secretary of Defense, or a designee of the 
        Secretary.
          (D) The Secretary of State, or a designee of the 
        Secretary.
          (E) The Attorney General, or a designee of the 
        Attorney General.
          (F) The Secretary of Energy, or a designee of the 
        Secretary.
          (G) The Secretary of Homeland Security, or a designee 
        of the Secretary.
          (H) The Director of Central Intelligence, or a 
        designee of the Director.
          (I) The Director of the Federal Bureau of 
        Investigation, or a designee of the Director.
          (J) The National Counterintelligence Executive, or a 
        designee of the National Counterintelligence Executive.
          (K) Any other official assigned to the advisory group 
        by the President for purposes of this section.
    (3) The members of the advisory group under subparagraphs 
(A) and (B) of paragraph (2) shall jointly head the advisory 
group.
    (4) The advisory group shall provide the Foundation and the 
Office such information, advice, and assistance with respect to 
the workshops sponsored under subsection (a) as the advisory 
group considers appropriate.
    (5) The advisory group shall not be treated as an advisory 
committee for purposes of the Federal Advisory Committee Act (5 
U.S.C. App.).
    (e) FOIA Exemption.--All files of the National Science 
Foundation and the Office of Science and Technology Policy for 
purposes of administering this section, including any files of 
a Federal, State, or local department or agency or of a private 
sector entity provided to or utilized by a workshop or advisory 
group under this section, shall be exempt from the provisions 
of section 552 of title 5, United States Code, that require 
publication, disclosure, search, or review in connection 
therewith.
    (f) Report.--Not later than March 1, 2004, the National 
Science Foundation and the Office of Science and Technology 
Policy shall jointly submit to Congress a report on the results 
of activities of the workshops sponsored under subsection (a), 
including the findings and recommendations of the Foundation 
and the Office as a result of such activities.
    (g) Funding.--(1) Of the amount authorized to be 
appropriated for the Intelligence Community Management Account 
by section 104(a), $500,000 shall be available to the National 
Science Foundation and the Office of Science and Technology 
Policy to carry out this section.
    (2) The amount authorized to be appropriated by paragraph 
(1) shall remain available until expended.
          * * * * * * *
                       9. Reporting Requirements

         a. Federal Reports Elimination and Sunset Act of 1995

  Partial text of Public Law 104-66 [S. 790], 109 Stat. 707, approved 
                           December 21, 1995

   AN ACT To provide for the modification or elimination of Federal 
                        reporting requirements.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Reports Elimination 
and Sunset Act of 1995''.
          * * * * * * *

                          TITLE I--DEPARTMENTS

          * * * * * * *

                   Subtitle B--Department of Commerce

SEC. 1021. REPORTS ELIMINATED.

    (a) * * *
    (b) Report on Status, Activities, and Effectiveness of 
United States Commercial Centers in Asia, Latin America, and 
Africa and Program Recommendations.--Section 401(j) of the Jobs 
Through Exports Act of 1992 (15 U.S.C. 4723a(j)) is repealed.
    (c) Report on Kuwait Reconstruction Contracts.--Section 
606(f) of the Persian Gulf Conflict Supplemental Authorization 
and Personnel Benefits Act of 1991 is repealed.
    (d) Report on United States-Canada Free-Trade Agreement.--
Section 409(a)(3) of the United States-Canada Free-Trade 
Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is 
amended to read as follows:
          ``(3) The United States members of the working group 
        established under article 1907 of the Agreement shall 
        consult regularly with the Committee on Finance of the 
        Senate, the Committee on Ways and Means of the House of 
        Representatives, and advisory committees established 
        under section 135 of the Trade Act of 1974 regarding--
                  ``(A) the issues being considered by the 
                working group; and
                  ``(B) as appropriate, the objectives and 
                strategy of the United States in the 
                negotiations.''.
    (e) Report on Establishment of American Business Centers 
and on Activities of the Independent States Business and 
Agriculture Advisory Council.--Section 305 of the Freedom for 
Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992 (22 U.S.C. 5825) is repealed.
          * * * * * * *

                    Subtitle K--Department of State

SEC. 1111. REPORTS ELIMINATED.

    (a) Report on Audit of Use of Funds for United Nations High 
Commissioner for Refugees.--Section 8 of the Migration and 
Refugee Assistance Act of 1962 (22 U.S.C. 2606) is amended by 
striking subsection (b), and redesignating subsection (c) as 
subsection (b).
    (b) Report on Matters Relating to Foreign Relations and 
Science and Technology.--Section 503(b) of the Foreign 
Relations Authorization Act, Fiscal Year 1979 is repealed.

SEC. 1112. INTERNATIONAL NARCOTICS CONTROL.

    (a) Section 489A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2291I) is repealed.
    (b) Section 490A of that Act (22 U.S.C. 2991k) is repealed.
    (c) Section 489 of that Act (22 U.S.C. 2291h) is amended:
          (1) in the section heading by striking ``for fiscal 
        year 1995''; and
          (2) by striking subsection (c).
    (d) Section 490 of that Act (22 U.S.C. 2291j) is amended:
          (1) in the section heading by striking ``for fiscal 
        year 1995''; and
          (2) by striking subsection (i).
          * * * * * * *

                     TITLE II--INDEPENDENT AGENCIES

          * * * * * * *

              Subtitle X--United States Information Agency

SEC. 2241. REPORTS ELIMINATED.

    Notwithstanding section 601(c)(4) of the Foreign Service 
Act of 1980 (22 U.S.C. 4001(c)(4)), the reports otherwise 
required under such section shall not cover the activities of 
the United States Information Agency.

           TITLE III--REPORTS BY ALL DEPARTMENTS AND AGENCIES

          * * * * * * *

SEC. 3003.\1\ TERMINATION OF REPORTING REQUIREMENTS.

    (a) Termination.--
---------------------------------------------------------------------------
    \1\ 31 U.S.C. 1113 note.
---------------------------------------------------------------------------
          (1) In general.--Subject to the provisions of 
        paragraph (2) of this subsection and subsection (d), 
        each provision of law requiring the submittal to 
        Congress (or any committee of the Congress) of any 
        annual, semiannual, or other regular periodic report 
        specified on the list described under subsection (c) 
        shall cease to be effective, with respect to that 
        requirement, 4 years after the date of the enactment of 
        this Act.
          (2) Exception.--The provisions of paragraph (1) shall 
        not apply to any report required under--
                  (A) the Inspector General Act of 1978 (5 
                U.S.C. App.); or
                  (B) the Chief Financial Officers Act of 1990 
                (Public Law 101-576), including provisions 
                enacted by the amendments made by that Act.
    (b) Identification of Wasteful Reports.--The President 
shall include in the first annual budget submitted pursuant to 
section 1105 of title 31, United States Code, after the date of 
enactment of this Act a list of reports that the President has 
determined are unnecessary or wasteful and the reasons for such 
determination.
    (c) List of Reports.--The list referred to under subsection 
(a) is the list prepared by the Clerk of the House of 
Representatives for the first session of the One Hundred Third 
Congress under clause 2 of rule III of the Rules of the House 
of Representatives (House Document No. 103-7).
    (d) Specific Reports Exempted.--Subsection (a)(1) shall not 
apply to any report required under--
          (1) section 116 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2151n);
          (2) section 306 of that Act (22 U.S.C. 2226);
          (3) section 489 of that Act (22 U.S.C. 2291h);
          (4) section 502B of that Act (22 U.S.C. 2304);
          (5) section 634 of that Act (22 U.S.C. 2394);
          (6) section 406 of the Foreign Relations 
        Authorization Act, Fiscal Years 1990 and 1991 (22 
        U.S.C. 2414a);
          (7) section 25 of the Arms Export Control Act (22 
        U.S.C. 2765);
          (8) section 28 of that Act (22 U.S.C. 2768);
          (9) section 36 of that Act (22 U.S.C. 2776);
          (10) section 6 of the Multinational Force and 
        Observers Participation Resolution (22 U.S.C. 3425);
          (11) section 104 of the FREEDOM Support Act (22 
        U.S.C. 5814);
          (12) section 508 of that Act (22 U.S.C. 5858);
          (13) section 4 of the War Powers Resolution (50 
        U.S.C. 1543);
          (14) section 204 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1703);
          (15) section 14 of the Export Administration Act of 
        1979 (50 U.S.C. App. 2413);
          (16) section 207 of the International Economic Policy 
        Act of 1972 (Public Law 92-412; 86 Stat. 648);
          (17) section 4 of Public Law 93-121 (87 Stat. 448);
          (18) section 108 of the National Security Act of 1947 
        (50 U.S.C. 404a);
          (19) section 704 of the Support for East European 
        Democracy (SEED) Act of 1989 (22 U.S.C. 5474);
          (20) section 804 of the Foreign Relations 
        Authorization Act, Fiscal Years 1990 and 1991 (Public 
        Law 101-246; 104 Stat. 72);
          (21) section 140 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 
        U.S.C. 2656f);
          (22) section 2 of the Act of September 21, 1950 
        (Chapter 976; 64 Stat. 903);
          (23) section 3301 of the Panama Canal Act of 1979 (22 
        U.S.C. 3871);
          (24) section 2202 of the Export Enhancement Act of 
        1988 (15 U.S.C. 4711);
          (25) section 1504 of Public Law 103-160 (10 U.S.C. 
        402 note);
          (26) section 502 of the International Security and 
        Development Coordination Act of 1985 (22 U.S.C. 2349aa-
        7);
          (27) section 23 of the Act of August 1, 1956 (Chapter 
        841; 22 U.S.C. 2694(2));
          (28) section 5(c)(5) of the Export Administration Act 
        of 1979 (50 U.S.C. App. 2404(c)(5));
          (29) section 14 of the Export Administration Act of 
        1979 (50 U.S.C. App. 2413);
          (30) section 50 of Public Law 87-297 (22 U.S.C. 
        2590);
          (31) section 240A of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2200a); or
          (32) section 604 of the United States Information and 
        Educational Exchange Act of 1948 (22 U.S.C. 1469).
     b. Continuation of Reports Terminated by the Federal Reports 
                   Elimination and Sunset Act of 1995

 Partial text of Public Law 106-113 [Consolidated Appropriations Act, 
      2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999

 AN ACT Making consolidated appropriations for the fiscal year ending 
              September 30, 2000, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the several 
departments, agencies, corporations and other organizational 
units of the Government for the fiscal year 2000, and for other 
purposes, namely:

                         APPENDIX G--H.R. 3427

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001''.
          * * * * * * *

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

          * * * * * * *

SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

    (a) Reports on Claims by United States Firms Against the 
Government of Saudi Arabia.--Section 2801(b)(1) of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted by 
division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by striking ``third'' and inserting ``seventh''.
    (b) Reports on Determinations Under Title IV of the 
Libertad Act.--Section 2802(a) of the Foreign Affairs Reform 
and Restructuring Act of 1998 (as enacted by division G of the 
Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999; Public Law 105-277) is amended by striking 
``September 30, 1999,'' and inserting ``September 30, 2001,''.
    (c) Relations With Vietnam.--Section 2805 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted by 
division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by striking ``September 30, 1999,'' and inserting 
``September 30, 2001,''.
    (d) Reports on Ballistic Missile Cooperation With Russia.--
Section 2705(d) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (as enacted by division G of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999; Public Law 105-277) is amended by striking ``and January 
1, 2000,'' and inserting ``January 1, 2000, and January 1, 
2001,''.
    (e) Continuation of Reports Terminated by the Federal 
Reports Elimination and Sunset Act of 1995.--Section 3003(a)(1) 
of the Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66; 31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:
          (1) Section 1205 of the International Security and 
        Development Cooperation Act of 1985 (Public Law 99-83; 
        22 U.S.C. 2346 note) (relating to annual reports on 
        economic conditions in Egypt, Israel, Turkey, and 
        Portugal).
          (2) Section 1307(f)(1)(A) of the International 
        Financial Institutions Act (Public Law 95-118) 
        (relating to an assessment of the environmental impact 
        of proposed multilateral development bank actions).
          (3) Section 118(f) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2151p-1) (relating 
        to the protection of tropical forests).
          (4) Section 586J(c)(4) of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1991 (Public Law 101-513) (relating to sanctions 
        taken by other nations against Iraq).
          (5) Section 3 of the Authorization for Use of 
        Military Force Against Iraq Resolution (Public Law 102-
        1; 105 Stat. 3) (relating to the status of efforts to 
        obtain Iraqi compliance with United Nations Security 
        Council resolutions).
          (6) Section 124 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 22 U.S.C. 2680 note) (relating to 
        expenditures for emergencies in the diplomatic and 
        consular service).
          (7) Section 620C(c) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2373(c)) (relating 
        to progress made toward the conclusion of a negotiated 
        solution to the Cyprus problem).
          (8) Section 533(b) of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1991 (Public Law 101-513) (relating to international 
        natural resource management initiatives).
          (9) Section 3602 of the Omnibus Trade and 
        Competitiveness Act of 1988 (Public Law 100-418; 22 
        U.S.C. 5352) (relating to foreign treatment of United 
        States financial institutions).
          (10) Section 1702 of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) 
        (relating to operating summaries of the multilateral 
        development banks).
          (11) Section 1303(c) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262m-
        2(c)) (relating to international environmental 
        assistance programs).
          (12) Section 1701(a) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r) 
        (relating to United States participation in 
        international financial institutions).
          (13) Section 163(a) of the Trade Act of 1974 (Public 
        Law 93-618; 19 U.S.C. 2213) (relating to the trade 
        agreements program and national trade policy agenda).
          (14) Section 8 of the Export-Import Bank Act (Public 
        Law 79-173; 12 U.S.C. 635g) (relating to Export-Import 
        Bank activities).
          (15) Section 407(f) of the Agricultural Trade 
        Development and Assistance Act of 1954 (Public Law 83-
        480; 7 U.S.C. 1736a) (relating to Public Law 480 
        programs and activities).
          (16) Section 239(c) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2199(c)) (relating 
        to OPIC audit report).
          (17) Section 504(i) of the National Endowment for 
        Democracy Act (Public Law 98-164; 22 U.S.C. 4413(i)) 
        (relating to the activities of the National Endowment 
        for Democracy).
          (18) Section 5(b) of the Japan-United States 
        Friendship Act (Public Law 94-118; 22 U.S.C. 2904(b)) 
        (relating to Japan-United States Friendship Commission 
        activities).
          * * * * * * *
            c. To Prevent the Elimination of Certain Reports

Partial text of Public Law 107-74 [H.R. 1042], 115 Stat. 701, approved 
                           November 28, 2001

         AN ACT To prevent the elimination of certain reports.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ REPORTS.

    Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:
---------------------------------------------------------------------------
    \1\ 31 U.S.C. 1113 note.
---------------------------------------------------------------------------
          * * * * * * *
          (18) Section 102(e)(7) of the Global Change Research 
        Act of 1990 (15 U.S.C. 2932(e)(7)).
          * * * * * * *
    10. Logan Act, as amended--Private Correspondence With Foreign 
                              Governments

 Partial text of Public Law 80-772 [H.R. 3190], 62 Stat. 744, approved 
June 25, 1948 (original legislation approved January 30, 1799, 1 Stat. 
                            613), as amended

AN ACT To revise, codify, and enact into positive law, Title 18 of the 
    United States Code, entitled ``Crimes and Criminal Procedure''.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That Title 
18 of the United States Code, entitled ``Crimes and Criminal 
Procedure'', is hereby revised, codified, and enacted into 
positive law, and may be cited as ``Title 18, U.S.C., Sec. ----
'',\1\ as follows:
---------------------------------------------------------------------------
    \1\ 18 U.S.C. 953.
---------------------------------------------------------------------------
          * * * * * * *
    Any citizen of the United States, wherever he may be, who, 
without authority of the United States, directly or indirectly 
commences or carries on any correspondence or intercourse with 
any foreign government or any officer or agent thereof, with 
intent to influence the measures or conduct of any foreign 
government or of any officer or agent thereof, in relation to 
any disputes or controversies with the United States, or to 
defeat the measures of the United States, shall be fined under 
this title \2\ or imprisoned not more than three years, or 
both.
---------------------------------------------------------------------------
    \2\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147) struck 
out ``not more than $5,000'' and inserted in lieu thereof ``under this 
title''.
---------------------------------------------------------------------------
    This section shall not abridge the right of a citizen to 
apply, himself or his agent, to any foreign government or the 
agents thereof for redress of any injury which he may have 
sustained from such government or any of its agents or 
subjects.
          * * * * * * *
     11. Resolution Establishing a Select Committee on Intelligence

   Partial text of S. Res. 400, 94th Congress, approved May 19, 1976

      a resolution establishing a select committee on intelligence

    Resolved, That it is the purpose of this resolution to 
establish a new select committee of the Senate, to be known as 
the Select Committee on Intelligence, to oversee and make 
continuing studies of the intelligence activities and programs 
of the United States Government, and to submit to the Senate 
appropriate proposals for legislation and report to the Senate 
concerning such intelligence activities and programs. In 
carrying out this purpose, the Select Committee on Intelligence 
shall make every effort to assure that the appropriate 
departments and agencies of the United States provide informed 
and timely intelligence necessary for the executive and 
legislative branches to make sound decisions affecting the 
security and vital interests of the Nation. It is further the 
purpose of this resolution to provide vigilant legislative 
oversight over the intelligence activities of the United States 
to assure that such activities are in conformity with the 
Constitution and laws of the United States.
    Sec. 2. (a)(1) There is hereby established a select 
committee to be known as the Select Committee on Intelligence 
(hereinafter in this resolution referred to as the ``select 
committee''). The select committee shall be composed of fifteen 
members appointed as follows:
          (A) two members from the Committee on Appropriations;
          (B) two members from the Committee on Armed Services;
          (C) two members from the Committee on Foreign 
        Relations; and
          (D) two members from the Committee on the Judiciary; 
        and
          (E) seven members to be appointed from the Senate at 
        large.
    (2) Members appointed from each committee named in clauses 
(A) through (D) of paragraph (1) shall be evenly divided 
between the two major political parties and shall be appointed 
by the President pro tempore of the Senate upon the 
recommendations of the majority and minority leaders of the 
Senate. Four of the members appointed under clause (E) of 
paragraph (1) shall be appointed by the President pro tempore 
of the Senate upon the recommendation of the majority leader of 
the Senate and three shall be appointed by the President pro 
tempore of the Senate upon the recommendation of the minority 
leader of the Senate.
    (3) The majority leader of the Senate and the minority 
leader of the Senate shall be ex officio members of the select 
committee but shall have no vote in the committee and shall not 
be counted for purposes of determining a quorum.
          * * * * * * *
    Sec. 4. (a) The select committee, for the purposes of 
accountability to the Senate, shall make regular and periodic 
reports to the Senate on the nature and extent of the 
intelligence activities of the various departments and agencies 
of the United States. Such committee shall promptly call to the 
attention of the Senate or to any other appropriate committee 
or committees of the Senate any matters requiring the attention 
of the Senate or such other committee or committees. In making 
such reports, the select committee shall proceed in a manner 
consistent with section 8(c)(2) to protect national security.
          * * * * * * *
             12. Permanent Select Committee on Intelligence

  Clause 11 of House Rule X [H. Res. 5], adopted January 6, 1999, as 
                              amended \1\

                                 RULE X

               Permanent Select Committee on Intelligence

    11. (a)(1) There is established a Permanent Select 
Committee on Intelligence (hereafter in this clause referred to 
as the ``select committee''). The select committee shall be 
composed of not more than 21 Members, Delegates, or the 
Resident Commissioner, of whom not more than 12 may be from the 
same party. The select committee shall include at least one 
Member, Delegate, or the Resident Commissioner from each of the 
following committees:
---------------------------------------------------------------------------
    \1\ The Permanent Select Committee on Intelligence was first 
established pursuant to House Rule XLVIII [H. Res. 658], adopted July 
14, 1977. When the House recodified its rules in the 106th Congress, 
the Permanent Select Committee on Intelligence became Clause 11 of Rule 
X [H. Res. 5], adopted January 6, 1999. House Rule XLVIII, and 
subsequently Clause 11 of Rule X, has been amended by H. Res. 5, 
adopted January 15, 1979; H. Res. 70, adopted January 25, 1979; H. Res. 
89, adopted February 5, 1979; H. Res. 165, adopted March 29, 1979; H. 
Res. 58, adopted March 1, 1983; H. Res. 33, adopted January 30, 1985; 
H. Res. 5, adopted January 6, 1987; H. Res. 5, adopted January 3, 1989; 
H. Res. 268, adopted November 14, 1989, H. Res. 5, adopted January 3, 
1991; H. Res. 6, adopted January 4, 1995; H. Res. 5, adopted January 3, 
2001; H. Res. 5, adopted January 7, 2003; and H. Res. 51, adopted 
January 26, 2005
---------------------------------------------------------------------------
          (A) the Committee on Appropriations;
          (B) the Committee on Armed Services;
          (C) the Committee on International Relations; and
          (D) the Committee on the Judiciary.
    (2) The Speaker and the Minority Leader shall be ex officio 
members of the select committee but shall have no vote in the 
select committee and may not be counted for purposes of 
determining a quorum thereof.
    (3) The Speaker and Minority Leader each may designate a 
member of his leadership staff to assist him in his capacity as 
ex officio member, with the same access to committee meetings, 
hearings, briefings, and materials as employees of the select 
committee and subject to the same security clearance and 
confidentiality requirements as employees of the select 
committee under this clause.
    (4)(A) Except as permitted by subdivision (B), a Member, 
Delegate, or Resident Commissioner, other than the Speaker or 
the Minority Leader, may not serve as a member of the select 
committee during more than four Congresses in a period of six 
successive Congresses (disregarding for this purpose any 
service for less than a full session in a Congress).
    (B) In the case of a Member, Delegate, or Resident 
Commissioner appointed to serve as the chairman or the ranking 
minority member of the select committee, tenure on the select 
committee shall not be limited.
    (b)(1) There shall be referred to the select committee 
proposed legislation, messages, petitions, memorials, and other 
matters relating to the following:
          (A) The Central Intelligence Agency, the Director of 
        Central Intelligence, and the National Foreign 
        Intelligence Program as defined in section 3(6) of the 
        National Security Act of 1947.
          (B) Intelligence and intelligence-related activities 
        of all other departments and agencies of the 
        Government, including the tactical intelligence and 
        intelligence-related activities of the Department of 
        Defense.
          (C) The organization or reorganization of a 
        department or agency of the Government to the extent 
        that the organization or reorganization relates to a 
        function or activity involving intelligence or 
        intelligence-related activities.
          (D) Authorizations for appropriations, both direct 
        and indirect, for the following:
                  (i) The Central Intelligence Agency, the 
                Director of Central Intelligence, and the 
                National Foreign Intelligence Program as 
                defined in section 3(6) of the National 
                Security Act of 1947.
                  (ii) Intelligence and intelligence-related 
                activities of all other departments and 
                agencies of the Government, including the 
                tactical intelligence and intelligence-related 
                activities of the Department of Defense.
                  (iii) A department, agency, subdivision, or 
                program that is a successor to an agency or 
                program named or referred to in (i) or (ii).
    (2) Proposed legislation initially reported by the select 
committee (other than provisions solely involving matters 
specified in subparagraph (1)(A) or subparagraph (1)(D)(i)) 
containing any matter otherwise within the jurisdiction of a 
standing committee shall be referred by the Speaker to that 
standing committee. Proposed legislation initially reported by 
another committee that contains matter within the jurisdiction 
of the select committee shall be referred by the Speaker to the 
select committee if requested by the chairman of the select 
committee.
    (3) Nothing in this clause shall be construed as 
prohibiting or otherwise restricting the authority of any other 
committee to study and review an intelligence or intelligence-
related activity to the extent that such activity directly 
affects a matter otherwise within the jurisdiction of that 
committee.
    (4) Nothing in this clause shall be construed as amending, 
limiting, or otherwise changing the authority of a standing 
committee to obtain full and prompt access to the product of 
the intelligence and intelligence-related activities of a 
department or agency of the Government relevant to a matter 
otherwise within the jurisdiction of that committee.
    (c)(1) For purposes of accountability to the House, the 
select committee shall make regular and periodic reports to the 
House on the nature and extent of the intelligence and 
intelligence-related activities of the various departments and 
agencies of the United States. The select committee shall 
promptly call to the attention of the House, or to any other 
appropriate committee, a matter requiring the attention of the 
House or another committee. In making such report, the select 
committee shall proceed in a manner consistent with paragraph 
(g) to protect national security.
    (2) The select committee shall obtain annual reports from 
the Director of the Central Intelligence Agency, the Secretary 
of Defense, the Secretary of State, and the Director of the 
Federal Bureau of Investigation. Such reports shall review the 
intelligence and intelligence-related activities of the agency 
or department concerned and the intelligence and intelligence-
related activities of foreign countries directed at the United 
States or its interests. An unclassified version of each report 
may be made available to the public at the discretion of the 
select committee. Nothing herein shall be construed as 
requiring the public disclosure in such reports of the names of 
persons engaged in intelligence or intelligence-related 
activities for the United States or the divulging of 
intelligence methods employed or the sources ofinformation on 
which the reports are based or the amount of funds authorized 
to be appropriated for intelligence and intelligence-related 
activities.
    (3) Within six weeks after the President submits a budget 
under section 1105(a) of title 31, United States Code, or at 
such time as the Committee on the Budget may request, the 
select committee shall submit to the Committee on the Budget 
the views and estimates described in section 301(d) of the 
Congressional Budget Act of 1974 regarding matters within the 
jurisdiction of the select committee.
    (d)(1) Except as specified in subparagraph (2), clauses 
8(a), (b), and (c) and 9(a), (b), and (c) of this rule, and 
clauses 1, 2, and 4 of rule XI shall apply to the select 
committee to the extent not inconsistent with this clause.
    (2) Notwithstanding the requirements of the first sentence 
of clause 2(g)(2) of rule XI, in the presence of the number of 
members required under the rules of the select committee for 
the purpose of taking testimony or receiving evidence, the 
select committee may vote to close a hearing whenever a 
majority of those present determines that the testimony or 
evidence would endanger the national security.
    (e) An employee of the select committee, or a person 
engaged by contract or otherwise to perform services for or at 
the request of the select committee, may not be given access to 
any classified information by the select committee unless such 
employee or person has--
          (1) agreed in writing and under oath to be bound by 
        the Rules of the House, including the jurisdiction of 
        the Committee on Standards of Official Conduct and of 
        the select committee concerning the security of 
        classified information during and after the period of 
        his employment or contractual agreement with the select 
        committee; and
          (2) received an appropriate security clearance, as 
        determined by the select committee in consultation with 
        the Director of Central Intelligence, that is 
        commensurate with the sensitivity of the classified 
        information to which such employee or person will be 
        given access by the select committee.
    (f) The select committee shall formulate and carry out such 
rules and procedures as it considers necessary to prevent the 
disclosure, without the consent of each person concerned, of 
information in the possession of the select committee that 
unduly infringes on the privacy or that violates the 
constitutional rights of such person. Nothing herein shall be 
construed to prevent the select committee from publicly 
disclosing classified information in a case in which it 
determines that national interest in the disclosure of 
classified information clearly outweighs any infringement on 
the privacy of a person.
    (g)(1) The select committee may disclose publicly any 
information in its possession after a determination by the 
select committee that the public interest would be served by 
such disclosure. With respect to the disclosure of information 
for which this paragraph requires action by the select 
committee--
          (A) the select committee shall meet to vote on the 
        matter within five days after a member of the select 
        committee requests a vote; and
          (B) a member of the select committee may not make 
        such a disclosure before a vote by the select committee 
        on the matter, or after a vote by the select committee 
        on the matter except in accordance with this paragraph.
    (2)(A) In a case in which the select committee votes to 
disclose publicly any information that has been classified 
under established security procedures, that has been submitted 
to it by the executive branch, and that the executive branch 
requests be kept secret, the select committee shall notify the 
President of such vote.
    (B) The select committee may disclose publicly such 
information after the expiration of a five-day period following 
the day on which notice of the vote to disclose is transmitted 
to the President unless, before the expiration of the five-day 
period, the President, personally in writing, notifies the 
select committee that he objects to the disclosure of such 
information, provides his reasons therefor, and certifies that 
the threat to the national interest of the United States posed 
by the disclosure is of such gravity that it outweighs any 
public interest in the disclosure.
    (C) If the President, personally in writing, notifies the 
select committee of his objections to the disclosure of 
information as provided in subdivision (B), the select 
committee may, by majority vote, refer the question of the 
disclosure of such information, with a recommendation thereon, 
to the House. The select committee may not publicly disclose 
such information without leave of the House.
    (D) Whenever the select committee votes to refer the 
question of disclosure of any information to the House under 
subdivision (C), the chairman shall, not later than the first 
day on which the House is in session following the day on which 
the vote occurs, report the matter to the House for its 
consideration.
    (E) If the chairman of the select committee does not offer 
in the House a motion to consider in closed session a matter 
reported under subdivision (D) within four calendar days on 
which the House is in session after the recommendation 
described in subdivision (C) is reported, then such a motion 
shall be privileged when offered by a Member, Delegate, or 
Resident Commissioner. In either case such a motion shall be 
decided without debate or intervening motion except one thatthe 
House adjourn.
    (F) Upon adoption by the House of a motion to resolve into 
closed session as described in subdivision (E), the Speaker may 
declare a recess subject to the call of the Chair. At the 
expiration of the recess, the pending question, in closed 
session, shall be, ``Shall the House approve the recommendation 
of the select committee?''.
    (G) Debate on the question described in subdivision (F) 
shall be limited to two hours equally divided and controlled by 
the chairman and ranking minority member of the select 
committee. After such debate the previous question shall be 
considered as ordered on the question of approving the 
recommendation without intervening motion except one motion 
that the House adjourn. The House shall vote on the question in 
open session but without divulging the information with respect 
to which the vote is taken. If the recommendation of the select 
committee is not approved, then the question is considered as 
recommitted to the select committee for further recommendation.
    (3)(A) Information in the possession of the select 
committee relating to the lawful intelligence or intelligence-
related activities of a department or agency of the United 
States that has been classified under established security 
procedures, and that the select committee has determined should 
not be disclosed under subparagraph (1) or (2), may not be made 
available to any person by a Member, Delegate, Resident 
Commissioner, officer, or employee of the House except as 
provided in subdivision (B).
    (B) The select committee shall, under such regulations as 
it may prescribe, make information described in subdivision (A) 
available to a committee or a Member, Delegate, or Resident 
Commissioner, and permit a Member, Delegate, or Resident 
Commissioner to attend a hearing of the select committee that 
is closed to the public. Whenever the select committee makes 
such information available, it shall keep a written record 
showing, in the case of particular information, which committee 
or which Member, Delegate, or Resident Commissioner received 
the information. A Member, Delegate, or Resident Commissioner 
who, and a committee that, receives information under this 
subdivision may not disclose the information except in a closed 
session of the House.
    (4) The Committee on Standards of Official Conduct shall 
investigate any unauthorized disclosure of intelligence or 
intelligence-related information by a Member, Delegate, 
Resident Commissioner, officer, or employee of the House in 
violation of subparagraph (3) and report to the House 
concerning any allegation that it finds to be substantiated.
    (5) Upon the request of a person who is subject to an 
investigation described in subparagraph (4), the Committee on 
Standards of Official Conduct shall release to such person at 
the conclusion of its investigation a summary of its 
investigation, together with its findings. If, at the 
conclusion of its investigation, the Committee on Standards of 
Official Conduct determines that there has been a significant 
breach of confidentiality or unauthorized disclosure by a 
Member, Delegate, Resident Commissioner, officer, or employee 
of the House, it shall report its findings to the House and 
recommend appropriate action. Recommendations may include 
censure, removal from committee membership, or expulsion from 
the House, in the case of a Member, or removal from office or 
employment or punishment for contempt, in the case of an 
officer or employee.
    (h) The select committee may permit a personal 
representative of the President, designated by the President to 
serve as a liaison to the select committee, to attend any 
closed meeting of the select committee.
    (i) Subject to the Rules of the House, funds may not be 
appropriated for a fiscal year, with the exception of a bill or 
joint resolution continuing appropriations, or an amendment 
thereto, or a conference report thereon, to, or for use of, a 
department or agency of the United States to carry out any of 
the following activities, unless the funds shall previously 
have been authorized by a bill or joint resolution passed by 
the House during the same or preceding fiscal year to carry out 
such activity for such fiscal year:
          (1) The activities of the Central Intelligence Agency 
        and the Director of Central Intelligence.
          (2) The activities of the Defense Intelligence 
        Agency.
          (3) The activities of the National Security Agency.
          (4) The intelligence and intelligence-related 
        activities of other agencies and subdivisions of the 
        Department of Defense.
          (5) The intelligence and intelligence-related 
        activities of the Department of State.
          (6) The intelligence and intelligence-related 
        activities of the Federal Bureau of Investigation, 
        including all activities of the Intelligence Division.
    (j)(1) In this clause the term ``intelligence and 
intelligence-related activities'' includes--
          (A) the collection, analysis, production, 
        dissemination, or use of information that relates to a 
        foreign country, or a government, political group, 
        party, military force, movement, or other association 
        in a foreign country, and that relates to the defense, 
        foreign policy, national security, or related policies 
        of the United States and other activity in support of 
        the collection, analysis, production, dissemination, or 
        use of such information;
          (B) activities taken to counter similar activities 
        directed against the United States;
          (C) covert or clandestine activities affecting the 
        relations of the United States with a foreign 
        government, political group, party, military force, 
        movement, or other association;
          (D) the collection, analysis, production, 
        dissemination, or use of information about activities 
        of persons within the United States, its territories 
        and possessions, or nationals of the United States 
        abroad whose political and related activities pose, or 
        may be considered by a department, agency, bureau, 
        office, division, instrumentality, or employee of the 
        United States to pose, a threat to the internal 
        security of the United States; and
          (E) covert or clandestine activities directed against 
        persons described in subdivision (D).
    (2) In this clause the term ``department or agency'' 
includes any organization, committee, council, establishment, 
or office within the Federal Government.
    (3) For purposes of this clause, reference to a department, 
agency, bureau, or subdivision shall include a reference to any 
successor department, agency, bureau, or subdivision to the 
extent that a successor engages in intelligence or 
intelligence-related activities now conducted by the 
department, agency, bureau, or subdivision referred to in this 
clause.
    (k) Clause 12(a) of rule XXII does not apply to meetings of 
a conference committee respecting legislation (or any part 
thereof) reported by the Permanent Select Committee on 
Intelligence.
       13. David L. Boren National Security Education Act of 1991

  Partial text of Public Law 102-183 [Intelligence Authorization Act, 
Fiscal Year 1992; H.R. 2038], 105 Stat. 1260 at 1271, approved December 
 4, 1991; as amended by Public Law 102-496 [Intelligence Authorization 
Act for Fiscal Year 1993; H.R. 5095], 106 Stat. 3180, approved October 
 24, 1992; Public Law 103-160 [National Defense Authorization Act for 
  Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
  1993; Public Law 103-178 [Intelligence Authorization Act for Fiscal 
   Year 1994; H.R. 2330], 107 Stat. 2024, approved December 3, 1993; 
Public Law 104-201 [National Defense Authorization Act for Fiscal Year 
 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; Public 
 Law 105-244 [Higher Education Amendments of 1998; H.R. 6], 112 Stat. 
   1581, approved October 7, 1998; Public Law 105-272 [Intelligence 
  Authorization Act for Fiscal Year 1999; H.R. 3694], 112 Stat. 2396, 
approved October 20, 1998; Public Law 105-277 [Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 
2681, approved October 21, 1998; Public Law 107-296 [Homeland Security 
 Act of 2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002; 
  Public Law 107-306 [Intelligence Authorization Act for Fiscal Year 
 2003; H.R. 4628], 116 Stat. 2383, approved November 27, 2002; Public 
 Law 108-136 [National Defense Authorization Act for Fiscal Year 2004; 
H.R. 1588], 117 Stat. 1392, approved November 24, 2003; Public Law 108-
 271 [GAO Human Capital Reform Act of 2004; H.R. 2751], 118 Stat. 811, 
      approved July 7, 2004; and Public Law 108-487 [Intelligence 
  Authorization Act for Fiscal Year 2005; H.R. 4548], 118 Stat. 3939, 
                       approved December 23, 2004

      AN ACT To authorize appropriations for fiscal year 1992 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Intelligence Community Staff, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

  TITLE VIII--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

SEC. 801.\1\ SHORT TITLE, FINDINGS, AND PURPOSES.

    (a) Short Title.--This title may be cited as the ``David L. 
Boren National Security Education Act of 1991''.\2\
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1901.
    \2\ Sec. 404(a) of Public Law 102-496 (106 Stat. 3185) restated 
subsec. (a) to insert ``David L. Boren'' into the name of the Act.
---------------------------------------------------------------------------
    (b) Findings.--The Congress makes the following findings:
          (1) The security of the United States is and will 
        continue to depend on the ability of the United States 
        to exercise international leadership.
          (2) The ability of the United States to exercise 
        international leadership is, and will increasingly 
        continue to be, based on the political and economic 
        strength of the United States, as well as on United 
        States military strength around the world.
          (3) Recent changes in the world pose threats of a new 
        kind to international stability as Cold War tensions 
        continue to decline while economic competition, 
        regional conflicts, terrorist activities, and weapon 
        proliferations have dramatically increased.
          (4) The future national security and economic well-
        being of the United States will depend substantially on 
        the ability of its citizens to communicate and compete 
        by knowing the languages and cultures of other 
        countries.
          (5) The Federal Government has an interest in 
        ensuring that the employees of its departments and 
        agencies with national security responsibilities are 
        prepared to meet the challenges of this changing 
        international environment.
          (6) The Federal Government also has an interest in 
        taking actions to alleviate the problem of American 
        undergraduate and graduate students being inadequately 
        prepared to meet the challenges posed by increasing 
        global interaction among nations.
          (7) American colleges and universities must place a 
        new emphasis on improving the teaching of foreign 
        languages, area studies, counterproliferation 
        studies,\3\ and other international fields to help meet 
        those challenges.
---------------------------------------------------------------------------
    \3\ Sec. 305(a)(1) of the Intelligence Authorization Act for Fiscal 
Year 1999 [Public Law 105-272; 112 Stat. 2400) inserted 
``counterproliferation studies,''.
---------------------------------------------------------------------------
    (c) Purposes.--The purposes of this title are as follows:
          (1) To provide the necessary resources, 
        accountability, and flexibility to meet the national 
        security education needs of the United States, 
        especially as such needs change over time.
          (2) To increase the quantity, diversity, and quality 
        of the teaching and learning of subjects in the fields 
        of foreign languages, area studies, and other 
        international fields that are critical to the Nation's 
        interest.
          (3) To produce an increased pool of applicants for 
        work in the departments and agencies of the United 
        States Government with national security 
        responsibilities.
          (4) To expand, in conjunction with other Federal 
        programs, the international experience, knowledge base, 
        and perspectives on which the United States citizenry, 
        Government employees, and leaders rely.
          (5) To permit the Federal Government to advocate the 
        cause of international education.

SEC. 802.\4\ SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.

    (a) Program Required.--
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 1902.
---------------------------------------------------------------------------
          (1) In general.--The Secretary of Defense shall carry 
        out a program for--
                  (A) \5\ awarding scholarships to 
                undergraduate students who--
---------------------------------------------------------------------------
    \5\ Sec. 1078(b)(1) of Public Law 104-201 (110 Stat. 2664) amended 
and restated subpara. (A). It formerly read as follows:
    ``(A) awarding scholarships to undergraduate students who are 
United States citizens in order to enable such students to study, for 
at least one academic semester, or equivalent term in foreign countries 
that are critical countries (as determined under section 803(d)(4)(A)) 
in those language and study areas where deficiencies exist (as 
identified in the assessments undertaken pursuant to section 
806(d));''.
---------------------------------------------------------------------------
                          (i) are United States citizens in 
                        order to enable such students to study, 
                        for at least one academic semester or 
                        equivalent term, in foreign countries 
                        that are critical countries (as 
                        determined under section 803(d)(4)(A)) 
                        in those languages and study areas 
                        where deficiencies exist (as identified 
                        in the assessments undertaken pursuant 
                        to section 806(d)); and
                          (ii) pursuant to subsection 
                        (b)(2)(A), enter into an agreement to 
                        work in a national security position or 
                        work in the field of higher education 
                        in the area of study for which the 
                        scholarship was awarded;
                  (B) awarding fellowships to graduate students 
                who--
                          (i) are United States citizens to 
                        enable such students to pursue 
                        education as part of a graduate degree 
                        program of a United States institution 
                        of higher education \6\ in the 
                        disciplines of foreign languages, area 
                        studies, counterproliferation 
                        studies,\3\ and other international 
                        fields relating to the national 
                        security interests of the United States 
                        \7\ that are critical areas of those 
                        disciplines (as determined under 
                        section 803(d)(4)(B)) and in which 
                        deficiencies exist (as identified in 
                        the assessments undertaken pursuant to 
                        section 806(d)); \8\ and
---------------------------------------------------------------------------
    \6\ Sec. 404(b)(2) of Public Law 102-496 (106 Stat. 3185) struck 
out ``in the United States'' and inserted in lieu thereof ``as part of 
a graduate degree program of a United States institution of higher 
education''.
    \7\ Sec. 1078(b)(2)(A) of Public Law 104-201 (110 Stat. 2664) 
inserted ``relating to the national security interests of the United 
States'' after ``international fields''.
    \8\ Sec. 311(b)(2)(B) of Public Law 103-178 (107 Stat. 2037) added 
``and in which deficiencies exist (as identified in the assessments 
undertaken pursuant to section 806(d))''.
---------------------------------------------------------------------------
                          (ii) pursuant to subsection 
                        (b)(2)(B),\9\ enter into an agreement 
                        to work in a national security position 
                        or work in \10\ the field of education 
                        in the area of study for which the 
                        fellowship was awarded; \11\
---------------------------------------------------------------------------
    \9\ Sec. 1078(b)(2)(B)(i) of Public Law 104-201 (110 Stat. 2664) 
struck out ``subsection (b)(2)'' and inserted in lieu thereof 
``subsection (b)(2)(B)''.
    \10\ Sec. 1078(b)(2)(B)(ii) of Public Law 104-201 (110 Stat. 2664) 
struck out ``work for an agency or office of the Federal Government or 
in'' and inserted in lieu thereof ``work in a national security 
position or work in''.
    \11\ Sec. 333(a)(1) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) struck out 
``and'' at the end of subpara. (B)(ii), struck out a period at the end 
of subpara. (C) and inserted in lieu thereof ``; and'', and added a new 
subpara. (D). Subsequently, sec. 603(a)(1) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 
3953) struck out ``and'' at the end of subpara. (C), struck out a 
period at the end of subpara. (D) and inserted in lieu thereof ``; 
and'', and added a new subpara. (E).
---------------------------------------------------------------------------
                  (C) awarding grants to institutions of higher 
                education to enable such institutions to 
                establish, operate, or improve programs in 
                foreign languages, area studies, 
                counterproliferation studies,\3\ and other 
                international fields that are critical areas of 
                those disciplines (as determined under section 
                803(d)(4)(C)); \11\
                  (D) \11\ awarding grants to institutions of 
                higher education to carry out activities under 
                the National Flagship Language Initiative 
                (described in subsection (i)); and \11\
                  (E) \11\ awarding scholarships to students 
                who--
                          (i) are United States citizens who--
                                  (I) are native speakers 
                                (referred to as ``heritage 
                                community citizens'') of a 
                                foreign language that is 
                                identified as critical to the 
                                national security interests of 
                                the United States who should be 
                                actively recruited for 
                                employment by Federal security 
                                agencies with a need for 
                                linguists; and
                                  (II) are not proficient at a 
                                professional level in the 
                                English language with respect 
                                to reading, writing, and other 
                                skills required to carry out 
                                the national security interests 
                                of the United States, as 
                                determined by the Secretary,
                to enable such students to pursue English 
                language studies at an institution of higher 
                education of the United States to attain 
                proficiency in those skills; and
                          (ii) enter into an agreement to work 
                        in a position in a similar manner (as 
                        determined by the Secretary) as 
                        agreements entered into pursuant to 
                        subsection (b)(2)(A).
          (2) Funding allocations.--Of the amount available for 
        obligation out of the National Security Education Trust 
        Fund or from a transfer under section 810(c) \12\ for 
        any fiscal year for the purposes stated in paragraph 
        (1), the Secretary shall have a goal of allocating--
---------------------------------------------------------------------------
    \12\ Sec. 601(b) of the Intelligence Authorization Act for Fiscal 
Year 2005 (Public Law 108-487; 118 Stat. 3952) inserted ``or from a 
transfer under section 810(c)''.
---------------------------------------------------------------------------
                  (A) 1/3 of such amount for the awarding of 
                scholarships pursuant to paragraph (1)(A);
                  (B) 1/3 of such amount for the awarding of 
                fellowships pursuant to paragraph (1)(B); and
                  (C) 1/3 of such amount for the awarding of 
                grants pursuant to paragraph (1)(C).
The funding allocation under this paragraph shall not apply to 
grants under paragraph (1)(D) for the National Flagship 
Language Initiative described in subsection (i) or for the 
scholarship program under paragraph (1)(E).\13\ For the 
authorization of appropriations for the National Flagship 
Language Initiative, see section 811.\14\ For the authorization 
of appropriations for the scholarship program under paragraph 
(1)(E), see section 812.\13\
---------------------------------------------------------------------------
    \13\ Sec. 603(a)(2) of the Intelligence Authorization Act for 
Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3954) inserted ``or for 
the scholarship program under paragraph (1)(E)'' and added the final 
sentence of para. (2).
    \14\ Sec. 333(a)(3) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) added these two 
sentences.
---------------------------------------------------------------------------
          (3) Consultation with national security education 
        board.--The program required under this title shall be 
        carried out in consultation with the National Security 
        Education Board established under section 803.
          (4) Contract authority.--The Secretary may enter into 
        one or more contracts, with private national 
        organizations having an expertise in foreign languages, 
        area studies, counterproliferation studies,\3\ and 
        other international fields, for the awarding of the 
        scholarships, fellowships, and grants described in 
        paragraph (1) in accordance with the provisions of this 
        title. The Secretary may enter into such contracts 
        without regard to section 3709 of the Revised Statutes 
        (41 U.S.C. 5) or any other provision of law that 
        requires the use of competitive procedures. In 
        addition, the Secretary may enter into personal service 
        contracts for periods up to one year for program 
        administration, except that not more than 10 such 
        contracts may be effect at any one time.\15\
---------------------------------------------------------------------------
    \15\ Sec. 404(b)(3) of Public Law 102-496 (106 Stat. 3185) added 
the last sentence in para. (4).
---------------------------------------------------------------------------
    (b) Service Agreement.--In awarding a scholarship or 
fellowship under the program, the Secretary or contract 
organization referred to in subsection (a)(4), as the case may 
be, shall require a recipient of any fellowship or any 
scholarship \16\ to enter into an agreement that, in return for 
such assistance, the recipient--
---------------------------------------------------------------------------
    \16\ Sec. 1078(c)(1) of Public Law 104-201 (110 Stat. 2665) struck 
out ``, or of scholarships that provide assistance for periods that 
aggregate 12 months or more,'' and inserted in lieu thereof ``or any 
scholarship''.
---------------------------------------------------------------------------
          (1) will maintain satisfactory academic progress, as 
        determined in accordance with regulations issued by the 
        Secretary, and agrees that failure to maintain such 
        progress shall constitute grounds upon which the 
        Secretary or contract organization referred to in 
        subsection (a)(4) may terminate such assistance;
          (2) \17\ will--
---------------------------------------------------------------------------
    \17\ Sec. 1078(c)(2) of Public Law 104-201 (110 Stat. 2665) amended 
and restated para. (2). It formerly read as follows:
    ``(2) will, upon completion of such recipient's baccalaureate 
degree or education under the program, as the case may be, and in 
accordance with regulations issued by the Secretary, work for the 
Federal Government or in the field of education in the area of study 
for which the scholarship or fellowship was awarded for a period 
specified by the Secretary, which period for the recipients of 
scholarships shall be no more than the same period for which 
scholarship assistance was provided and for the recipients of 
fellowships shall be not less than one and not more than three times 
the period for which the fellowship assistance was provided; and''.
---------------------------------------------------------------------------
                  (A) \18\ in the case of a recipient of a 
                scholarship, after the recipient's completion 
                of the study for which scholarship assistance 
                was provided under the program, work in a 
                position in the Department of Defense or other 
                element of the intelligence community that is 
                certified by the Secretary as appropriate to 
                utilize the unique language and region 
                expertise acquired by the recipient pursuant to 
                such study for a period specified by the 
                Secretary, which period shall include one year 
                of service for each year, or portion thereof, 
                for which such scholarship assistance was 
                provided; or
---------------------------------------------------------------------------
    \18\ Sec. 925(a) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1578) struck out 
subparas. (A) and (B) and added new subparas. (A) and (B).
    Sec. 925(b) of Public Law 108-136 further provided that:
    ``(b) Applicability.--(1) The amendment made by subsection (a) 
shall apply with respect to service agreements entered into under the 
David L. Boren National Security Education Act of 1991 on or after the 
date of the enactment of this Act.
    ``(2) The amendment made by subsection (a) shall not affect the 
force, validity, or terms of any service agreement entered into under 
the David L. Boren National Security Education Act of 1991 before the 
date of the enactment of this Act that is in force as of that date.''
    Previously, subparas. (A) and (B) had been amended by sec. 
305(a)(1) of the Intelligence Authorization Act for Fiscal Year 1999 
(Public Law 105-272; 112 Stat. 2400) and sec. 1332 of the Homeland 
Security Act of 2002 (Public Law 107-296; 116 Stat. 2300).
---------------------------------------------------------------------------
                  (B) \18\ in the case of a recipient of a 
                fellowship, after the recipient's completion of 
                the study for which the fellowship assistance 
                was provided under the program, work in a 
                position described in subparagraph (A) that is 
                certified by the Secretary as appropriate to 
                utilize the unique language and region 
                expertise acquired by the recipient pursuant to 
                such study for a period specified by the 
                Secretary, which period shall (at the 
                discretion of the Secretary) include not less 
                than one nor more than three years for each 
                year, or portion thereof, for which such 
                fellowship assistance was provided; and
          (3) if the recipient fails to meet either of the 
        obligations set forth in paragraph (1) or (2), will 
        reimburse the United States Government for the amount 
        of the assistance provided the recipient under the 
        program, together with interest at a rate determined in 
        accordance with regulations issued by the Secretary.
    (c) \19\ Evaluation of Progress in Language Skills.--The 
Secretary shall, through the National Security Education 
Program office, administer a test of the foreign language 
skills of each recipient of a scholarship or fellowship under 
this title before the commencement of the study or education 
for which the scholarship or fellowship is awarded and after 
the completion of such study or education. The purpose of these 
tests is to evaluate the progress made by recipients of 
scholarships and fellowships in developing foreign language 
skills as a result of assistance under this title.
---------------------------------------------------------------------------
    \19\ Sec. 1078(d) of Public Law 104-201 (110 Stat. 2665) 
redesignated subsecs. (c), (d), and (e) as subsecs. (d), (e), and (f), 
and added a new subsec. (c).
---------------------------------------------------------------------------
    (d) \19\ Distribution of Assistance.--In selecting the 
recipients for awards of scholarships, fellowships, or grants 
pursuant to this title, the Secretary or a contract 
organization referred to in subsection (a)(4), as the case may 
be, shall take into consideration (1) the extent to which the 
selections will result in there being an equitable geographic 
distribution of such scholarships, fellowships, or grants (as 
the case may be) among the various regions of the United 
States, and (2) the extent to which the distribution of 
scholarships and fellowships to individuals reflects the 
cultural, racial, and ethnic diversity of the population of the 
United States.
    (e) \19\ Merit Review.--The Secretary shall award 
scholarships, fellowships, and grants under the program based 
upon a merit review process.
    (f) \20\ Limitation on Use of Program Participants.--No 
person who receives a grant, scholarship, or fellowship or any 
other type of assistance under this title shall, as a condition 
of receiving such assistance or under any other circumstances, 
be used by any department, agency, or entity of the United 
States Government engaged in intelligence activities to 
undertake any activity on its behalf during the period such 
person is pursuing a program of education for which funds are 
provided under the program carried out under this title.
---------------------------------------------------------------------------
    \20\ Sec. 404(c) of Public Law 102-496 (106 Stat. 3185) struck out 
subsec. (e) and redesignated subsec. (f) as subsec. (e). Sec. 
1078(d)(1) of Public Law 104-201 (110 Stat. 2665) redesignated subsec. 
(e) as subsec. (f). Former subsec. (e) read as follows:
    ``(e) Administration of Program Through the Defense Intelligence 
College.--The Secretary shall administer the program through the 
Defense Intelligence College.''.
---------------------------------------------------------------------------
    (g) \21\ Determination of Agencies and Offices of the 
Federal Government Having National Security Responsibilities.--
(1) The Secretary, in consultation with the Board, shall 
annually determine and develop a list identifying each agency 
or office of the Federal Government having national security 
responsibilities at which a recipient of a fellowship or 
scholarship under this title will be able to make the 
recipient's foreign area and language skills available to such 
agency or office. The Secretary shall submit the first such 
list to the Congress and include each subsequent list in the 
annual report to the Congress, as required by section 
806(b)(6).
---------------------------------------------------------------------------
    \21\ Sec. 1078(f)(2) of Public Law 104-201 (110 Stat. 2666) added 
subsec. (g).
---------------------------------------------------------------------------
    (2) Notwithstanding section 804, funds may not be made 
available from the Fund to carry out this title for fiscal year 
1997 until 30 days after the date on which the Secretary of 
Defense submits to the Congress the first such list required by 
paragraph (1).
    (h) \22\ Use of Awards To Attend the Foreign Language 
Center of the Defense Language Institute.--(1) The Secretary 
shall provide for the admission of award recipients to the 
Foreign Language Center of the Defense Language Institute 
(hereinafter in this subsection referred to as the ``Center''). 
An award recipient may apply a portion of the applicable 
scholarship or fellowship award for instruction at the Center 
on a space-available basis as a Department of Defense sponsored 
program to defray the additive instructional costs.
---------------------------------------------------------------------------
    \22\ Sec. 332 of the Intelligence Authorization Act for Fiscal Year 
2003 (Public Law 107-306; 116 Stat. 2395) added subsec. (h).
---------------------------------------------------------------------------
    (2) Except as the Secretary determines necessary, an award 
recipient who receives instruction at the Center shall be 
subject to the same regulations with respect to attendance, 
discipline, discharge, and dismissal as apply to other persons 
attending the Center.
    (3) In this subsection, the term ``award recipient'' means 
an undergraduate student who has been awarded a scholarship 
under subsection (a)(1)(A) or a graduate student who has been 
awarded a fellowship under subsection (a)(1)(B) who--
          (A) is in good standing;
          (B) has completed all academic study in a foreign 
        country, as provided for under the scholarship or 
        fellowship; and
          (C) would benefit from instruction provided at the 
        Center.
    (i) \23\ National Flagship Language Initiative.--(1) Under 
the National Flagship Language Initiative, institutions of 
higher education shall establish, operate, or improve 
activities designed to train students in programs in a range of 
disciplines to achieve advanced levels of proficiency in those 
foreign languages that the Secretary identifies as being the 
most critical in the interests of the national security of the 
United States.
---------------------------------------------------------------------------
    \23\ Sec. 333(a)(2) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) added subsec. 
(i).
---------------------------------------------------------------------------
    (2) An undergraduate student who has been awarded a 
scholarship under subsection (a)(1)(A) or a graduate student 
who has been awarded a fellowship under subsection (a)(1)(B) 
may participate in the activities carried out under the 
National Flagship Language Initiative.
    (3) An institution of higher education that receives a 
grant pursuant to subsection (a)(1)(D) shall give special 
consideration to applicants who are employees of the Federal 
Government.
    (4) For purposes of this subsection, the Foreign Language 
Center of the Defense Language Institute and any other 
educational institution that provides training in foreign 
languages operated by the Department of Defense or an agency in 
the intelligence community is deemed to be an institution of 
higher education, and may carry out the types of activities 
permitted under the National Flagship Language Initiative.
    (5) \24\ An undergraduate or graduate student who 
participates in training in a program under paragraph (1) and 
has not already entered into a service agreement under 
subsection (b) shall enter into a service agreement under 
subsection (b) applicable to an undergraduate or graduate 
student, as the case may be, with respect to participation in 
such training in a program under paragraph (1).
---------------------------------------------------------------------------
    \24\ Sec. 602(a) of the Intelligence Authorization Act for Fiscal 
Year 2005 (Public Law 108-487; 118 Stat. 3952) added paras. (5) and 
(6).
---------------------------------------------------------------------------
    (6) \24\ (A) An employee of a department or agency of the 
Federal Government who participates in training in a program 
under paragraph (1) shall agree in writing--
          (i) to continue in the service of the department or 
        agency of the Federal Government employing the employee 
        for the period of such training;
          (ii) to continue in the service of such department or 
        agency, following completion by the employee of such 
        training, for a period of two years for each year, or 
        part of the year, of such training;
          (iii) if, before the completion by the employee of 
        such training, the employment of the employee is 
        terminated by such department or agency due to 
        misconduct by the employee, or by the employee 
        voluntarily, to reimburse the United States for the 
        total cost of such training (excluding the employee's 
        pay and allowances) provided to the employee; and
          (iv) if, after the completion by the employee of such 
        training but before the completion by the employee of 
        the period of service required by clause (ii), the 
        employment of the employee by such department or agency 
        is terminated either by such department or agency due 
        to misconduct by the employee, or by the employee 
        voluntarily, to reimburse the United States in an 
        amount that bears the same ratio to the total cost of 
        such training (excluding the employee's pay and 
        allowances) provided to the employee as the unserved 
        portion of such period of service bears to the total 
        period of service required by clause (ii).
    (C) Subject to subparagraph (D), the obligation to 
reimburse the United States under an agreement under 
subparagraph (A) is for all purposes a debt owing the United 
States.
    (D) The head of the element of the intelligence community 
concerned may release an employee, in whole or in part, from 
the obligation to reimburse the United States under an 
agreement under subparagraph (A) when, in the discretion of the 
head of the element, the head of the element determines that 
equity or the interests of the United States so require.

SEC. 803.\25\ NATIONAL SECURITY EDUCATION BOARD.

    (a) Establishment.--The Secretary of Defense shall 
establish a National Security Education Board.
---------------------------------------------------------------------------
    \25\ 50 U.S.C. 1903.
---------------------------------------------------------------------------
    (b) Composition.--The Board shall be composed of the 
following individuals or the representatives of such 
individuals:
          (1) The Secretary of Defense, who shall serve as the 
        chairman of the Board.
          (2) The Secretary of Education.
          (3) The Secretary of State.
          (4) The Secretary of Commerce.
          (5) The Director of Central Intelligence.
          (6) \26\ The Chairperson of the National Endowment 
        for the Humanities.
---------------------------------------------------------------------------
    \26\ Sec. 1335(g)(1) of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (Public Law 107-277); 112 Stat. 
2681-788) struck out para. (6), which referred to the Secretary of 
Energy, and redesignated paras. (7) and (8) as paras. (6) and (7).
    Previously, sec. 305(b) of the Intelligence Authorization Act for 
Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2401) amended para. (6) 
by striking out ``The Director of the United States Information 
Agency'' and inserting in lieu thereof ``Secretary of Energy''.
    Prior to this, sec. 404(d) of Public Law 102-496 (106 Stat. 3186) 
redesignated former para. (7) as para. (8), inserted new para. (7), and 
further amended newly designated para. (8), by striking ``Four'' and 
inserting in lieu thereof ``Six'', and by inserting at the end of para. 
(8) the following before the period: ``and who may not be officers or 
employees of the Federal Government''.
---------------------------------------------------------------------------
          (7) \26\ Six \26\ individuals appointed by the 
        President, by and with the advice and consent of the 
        Senate, who shall be experts in the fields of 
        international, language, area, and counterproliferation 
        \27\ studies education and who may not be officers or 
        employees of the Federal Government.\26\
---------------------------------------------------------------------------
    \27\ Sec. 305(a)(3) of the Intelligence Authorization Act for 
Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2401) struck out ``and 
area'' and inserted in lieu thereof ``area, and counterproliferation''.
---------------------------------------------------------------------------
    (c) Term of Appointees.--Each individual appointed to the 
Board pursuant to subsection (b)(6) \28\ shall be appointed for 
a period specified by the President at the time of the 
appointment, but not to exceed four years. Such individuals 
shall receive no compensation for service on the Board but may 
receive reimbursement for travel and other necessary expenses.
---------------------------------------------------------------------------
    \28\ Sec. 1335(g)(2) of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (Public Law 107-277); 112 Stat. 
2681-788) struck out ``subsection (b)(7)'' and inserted in lieu thereof 
``subsection (b)(6)''.
---------------------------------------------------------------------------
    (d) Functions.--The Board shall perform the following 
functions:
          (1) Develop criteria for awarding scholarships, 
        fellowships, and grants under this title, including an 
        order of priority in such awards that favors 
        individuals expressing an interest in national security 
        issues or pursuing a career in a national security 
        position.\29\
---------------------------------------------------------------------------
    \29\ Sec. 1078(e)(1) of Public Law 104-201 (110 Stat. 2666) 
inserted ``, including an order of priority in such awards that favors 
individuals expressing an interest in national security issues or 
pursuing a career in a national security position''.
---------------------------------------------------------------------------
          (2) Provide for wide dissemination of information 
        regarding the activities assisted under this title.
          (3) Establish qualifications for students desiring 
        scholarships or fellowships, and institutions of higher 
        education desiring grants, under this title, including, 
        in the case of students desiring a scholarship or 
        fellowship, a requirement that the student have a 
        demonstrated commitment to the study of the discipline 
        for which the scholarship or fellowship is to be 
        awarded.
          (4) After taking into account the annual analyses of 
        trends in language, international, area, and 
        counterproliferation \27\ studies under section 
        806(b)(1), make recommendations \30\ to the Secretary 
        regarding--
---------------------------------------------------------------------------
    \30\ Sec. 1078(e)(2)(A) of Public Law 104-201 (110 Stat. 2666) 
struck out ``Make recommendations'' and inserted in lieu thereof 
``After taking into account the annual analyses of trends in language, 
international, and area studies under section 806(b)(1), make 
recommendations''.
---------------------------------------------------------------------------
                  (A) which countries are not emphasized in 
                other United States study abroad programs, such 
                as countries in which few United States 
                students are studying and countries which are 
                of importance to the national security 
                interests of the United States,\31\ and are, 
                therefore, critical countries for the purposes 
                of section 802(a)(1)(A);
---------------------------------------------------------------------------
    \31\ Sec. 1078(e)(2)(B) of Public Law 104-201 (110 Stat. 2666) 
inserted ``and countries which are of importance to the national 
security interests of the United States''.
---------------------------------------------------------------------------
                  (B) which areas within the disciplines 
                described in section 802(a)(1)(B) relating to 
                the national security interests of the United 
                States \32\ are areas of study in which United 
                States students are deficient in learning and 
                are, therefore, critical areas within those 
                disciplines for the purposes of that section;
---------------------------------------------------------------------------
    \32\ Sec. 1078(e)(2)(C) of Public Law 104-201 (110 Stat. 2666) 
inserted ``relating to the national security interests of the United 
States''.
---------------------------------------------------------------------------
                  (C) which areas within the disciplines 
                described in section 802(a)(1)(C) are areas in 
                which United States students, educators, and 
                Government employees are deficient in learning 
                and in which insubstantial numbers of United 
                States institutions of higher education provide 
                training and are, therefore, critical areas 
                within those disciplines for the purposes of 
                that section; \33\
---------------------------------------------------------------------------
    \33\ Sec. 333(a)(4) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) struck out 
``and'' at the end of subpara. (C), struck out a period at the end of 
subpara. (D) and inserted in lieu thereof ``; and'', and added a new 
subpara. (E).
---------------------------------------------------------------------------
                  (D) how students desiring scholarships or 
                fellowships can be encouraged to work for an 
                agency or office of the Federal Government 
                involved in national security affairs or 
                national security policy upon completion of 
                their education; and \33\
                  (E) \33\ which foreign languages are critical 
                to the national security interests of the 
                United States for purposes of section 
                802(a)(1)(D) (relating to grants for the 
                National Flagship Language Initiative).
          (5) \34\ Encourage applications for fellowships under 
        this title from graduate students having an educational 
        background in any academic discipline, particularly in 
        the areas of science or technology.
---------------------------------------------------------------------------
    \34\ Sec. 1078(e) of Public Law 104-201 (110 Stat. 2666) 
redesignated para. (5) as para. (8), and added new paras. (5), (6), and 
(7).
---------------------------------------------------------------------------
          (6) \34\ Provide the Secretary biennially with a list 
        of scholarship recipients and fellowship recipients, 
        including an assessment of their foreign area and 
        language skills, who are available to work in a 
        national security position.
          (7) \34\ Not later than 30 days after a scholarship 
        or fellowship recipient completes the study or 
        education for which assistance was provided under the 
        program, provide the Secretary with a report fully 
        describing the foreign area and language skills 
        obtained by the recipient as a result of the 
        assistance.
          (8) \34\ Review the administration of the program 
        required under this title.

SEC. 804.\35\ NATIONAL SECURITY EDUCATION TRUST FUND.

    (a) Establishment of Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``National Security Education Trust Fund''. The assets of the 
Fund consist of amounts appropriated to the Fund and amounts 
credited to the Fund under subsection (e).
---------------------------------------------------------------------------
    \35\ 50 U.S.C. 1904.
---------------------------------------------------------------------------
    (b) \36\ Availability of Sums in the Fund.--Sums in the 
Fund shall, to the extent provided in appropriations Acts, be 
available--
---------------------------------------------------------------------------
    \36\ Sec. 375(b) of Public Law 103-160 (107 Stat. 1637) struck out 
para. designation ``(1)'', struck out para. (2), and redesignated 
clauses (A) and (B) as paras. (1) and (2). Former para. (2) had read as 
follows:
    ``(2) No amount may be appropriated to the Fund, or obligated from 
the Fund, unless authorized by law.''.
---------------------------------------------------------------------------
          (1) for awarding scholarships, fellowships, and 
        grants in accordance with the provisions of this title; 
        and
          (2) for properly allocable costs of the Federal 
        Government for the administration of the program under 
        this title.
    (c) Investment of Fund Assets.--The Secretary of the 
Treasury shall invest in full the amount in the Fund that is 
not immediately necessary for expenditure.\37\ Such investments 
may be made only in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal and 
interest by the United States. For such purpose, such 
obligations may be acquired on original issue at the issue 
price or by purchase of outstanding obligations at the market 
price. The purposes for which obligations of the United States 
may be issued under chapter 31 of title 31, United States Code, 
are hereby extended to authorize the issuance at par of special 
obligations exclusively to the Fund. Such special obligations 
shall bear interest at a rate equal to the average rate of 
interest, computed as to the end of the calendar month next 
preceding the date of such issue, borne by all marketable 
interest-bearing obligations of the United States then forming 
a part of the public debt, except that where such average rate 
is not a multiple of 1/8 of 1 percent, the rate of interest of 
such special obligations shall be the multiple of 1/8 of 1 
percent next lower than such average rate. Such special 
obligations shall be issued only if the Secretary of the 
Treasury determines that the purchases of other interest-
bearing obligations of the United States, or of obligations 
guaranteed as to both principal and interest by the United 
States or original issue or at the market price, is not in the 
public interest.
---------------------------------------------------------------------------
    \37\ Sec. 404(e) of Public Law 102-496 (106 Stat. 3186) struck out 
``obligation'' and inserted in lieu thereof ``expenditure''.
---------------------------------------------------------------------------
    (d) Authority To Sell Obligations.--Any obligation acquired 
by the Fund (except special obligations issued exclusively to 
the Fund) may be sold by the Secretary of the Treasury at the 
market price, and such special obligations may be redeemed at 
par plus accrued interest.
    (e) Amounts Credited to Fund.--(1) The interest on, and the 
proceeds from the sale or redemption of, any obligations held 
in the Fund shall be credited to and form a part of the Fund.
    (2) Any amount paid to the United States under section 
802(b)(3) shall be credited to and form a part of the Fund.
    (3) \38\ any gifts of money shall be credited to and form a 
part of the Fund.
---------------------------------------------------------------------------
    \38\ Sec. 375(a) of Public Law 103-160 (107 Stat. 1637) added para. 
(3).
---------------------------------------------------------------------------

SEC. 805.\39\ REGULATIONS AND ADMINISTRATIVE PROVISIONS \40\

    (a) Regulations.--The Secretary may prescribe regulations 
to carry out the program required by this title. Before 
prescribing any such regulations, the Secretary shall submit a 
copy of the proposed regulations to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives. Such proposed 
regulations may not take effect until 30 days after the date on 
which they are submitted to those committees.
---------------------------------------------------------------------------
    \39\ 50 U.S.C. 1905.
    \40\ Enrolled without a period.
---------------------------------------------------------------------------
    (b) Acceptance and Use of Gifts.--In order to conduct the 
program required by this title, the Secretary may--
          (1) receive money and other property donated, 
        bequeathed, or devised, without condition or 
        restriction other than that it be used for the purpose 
        of conducting the program required by this title; and
          (2) may use, sell, or otherwise dispose of such 
        property for that purpose.
    (c) Voluntary Services.--In order to conduct the program 
required by this title, the Secretary may accept and use the 
services of voluntary and noncompensated personnel.
    (d) Necessary Expenditures.--Expenditures necessary to 
conduct the program required by this title shall be paid from 
the Fund, subject to section 804(b).

SEC. 806.\41\ ANNUAL REPORT.

    (a) Annual Report.--(1) \42\ The Secretary shall submit to 
the President and to the congressional intelligence committees 
\42\ an annual report of the conduct of the program required by 
this title.
---------------------------------------------------------------------------
    \41\ 50 U.S.C. 1906.
    \42\ Sec. 811(a)(7)(A) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2425) redesignated the 
first and second sentences of subsec. (a) as paras. (1) and (2), added 
a new para. (3), struck out ``the Congress'' in para. (1) and inserted 
in lieu thereof ``congressional intelligence committees'', and inserted 
``submitted to the President'' in para. (2).
---------------------------------------------------------------------------
    (2) \42\ The report submitted to the President \42\ shall 
be submitted each year at the time that the President's budget 
for the next fiscal year is submitted to Congress pursuant to 
section 1105 of title 31, United States Code.
    (3) \42\ The report submitted to the congressional 
intelligence committees shall be submitted on the date provided 
in section 507 of the National Security Act of 1947.
    (b) Contents of Report.--Each such report shall contain--
          (1) an analysis of the trends within language, 
        international, area, and counterproliferation \27\ 
        studies, along with a survey of such areas as the 
        Secretary determines are receiving inadequate 
        attention;
          (2) the effect on those trends of activities under 
        the program required by this title;
          (3) an analysis of the assistance provided under the 
        program for the previous fiscal year, to include the 
        subject areas being addressed and the nature of the 
        assistance provided;
          (4) an analysis of the performance of the individuals 
        who received assistance under the program during the 
        previous fiscal year, to include the degree to which 
        assistance was terminated under the program and the 
        extent to which individual recipients failed to meet 
        their obligations under the program;
          (5) an analysis of the results of the program for the 
        previous fiscal year, and cumulatively, to include, at 
        a minimum--
                  (A) the percentage of individuals who have 
                received assistance under the program who 
                subsequently became employees of the United 
                States Government;
                  (B) in the case of individuals who did not 
                subsequently become employees of the United 
                States Government, an analysis of the reasons 
                why they did not become employees and an 
                explanation as to what use, if any, was made of 
                the assistance by those recipients; and
                  (C) the uses made of grants to educational 
                institutions; \43\
---------------------------------------------------------------------------
    \43\ Sec. 1078(f)(3) of Public Law 104-201 (110 Stat. 2667) struck 
out ``and'' at the end of subpara. (C), redesignated para. (6) as para. 
(7), and added a new para. (6).
---------------------------------------------------------------------------
          (6) \43\ the current list of agencies and offices of 
        the Federal Government required to be developed by 
        section 802(g); and
          (7) \43\ any legislative changes recommended by the 
        Secretary to facilitate the administration of the 
        program or otherwise to enhance its objectives.
    (c) Submission of Initial Report.--The first report under 
this section shall be submitted at the time the budget for 
fiscal year 1994 is submitted to Congress.
    (d) \44\ Consultation.--During the preparation of each 
report required by subsection (a), the Secretary shall consult 
with the members of the Board specified in paragraphs (1) 
through (7) of section 803(b). Each such member shall submit to 
the Secretary an assessment of their hiring needs in the areas 
of language and area studies and a projection of the 
deficiencies in such areas. The Secretary shall include all 
assessments in the report required by subsection (a).
---------------------------------------------------------------------------
    \44\ Sec. 311(b)(1) of Public Law 103-178 (107 Stat. 2037) added 
subsec. (d).
---------------------------------------------------------------------------

SEC. 807.\45\ GENERAL ACCOUNTING OFFICE AUDITS.\46\

    The conduct of the program required by this title may be 
audited by the General Accounting Office \46\ under such rules 
and regulations as may be prescribed by the Comptroller General 
of the United States. Representatives of the General Accounting 
Office \46\ shall have access to all books, accounts, records, 
reports, and files and all other papers, things, or property of 
the Department of Defense pertaining to such activities and 
necessary to facilitate the audit.
---------------------------------------------------------------------------
    \45\ 50 U.S.C. 1907.
    \46\ Sec. 8(b) of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) provided that ``Any reference to the 
General Accounting Office in any law, rule, regulation, certificate, 
directive, instruction, or other official paper in force on the date of 
enactment of this Act shall be considered to refer and apply to the 
Government Accountability Office.''
---------------------------------------------------------------------------

SEC. 808.\47\ DEFINITIONS.

    For the purpose of this title:
---------------------------------------------------------------------------
    \47\ 50 U.S.C. 1908.
---------------------------------------------------------------------------
          (1) The term ``Board'' means the National Security 
        Education Board established pursuant to section 803.
          (2) The term ``Fund'' means the National Security 
        Education Trust Fund established pursuant to section 
        804.
          (3) The term ``institution of higher education'' has 
        the meaning given that term by section 101 \48\ of the 
        Higher Education Act of 1965.\48\
---------------------------------------------------------------------------
    \48\ Sec. 102(a)(15) of the Higher Education Amendments of 1998 
(Public Law 105-244; 112 Stat. 1622) struck out ``1201(a)'' and 
inserted in lieu thereof ``101'', and struck out ``(20 U.S.C. 
1141(a))'' at the end of para. (3).
---------------------------------------------------------------------------
          (4) \49\ The term ``national security position'' 
        means a position--
---------------------------------------------------------------------------
    \49\ Sec. 1078(f)(1) of Public Law 104-201 (110 Stat. 2666) added 
para. (4).
---------------------------------------------------------------------------
                  (A) having national security responsibilities 
                in a \50\ agency or office of the Federal 
                Government that has national security 
                responsibilities, as determined under section 
                802(g); and
---------------------------------------------------------------------------
    \50\ As enrolled.
---------------------------------------------------------------------------
                  (B) in which the individual in such position 
                makes their foreign language skills available 
                to such agency or office.
          (5) \51\ The term ``congressional intelligence 
        committees'' means--
---------------------------------------------------------------------------
    \51\ Sec. 811(a)(7)(B) of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2426) added para. (5).
---------------------------------------------------------------------------
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.

SEC. 809.\52\ FISCAL YEAR 1992 FUNDING.

    (a) Authorization of Appropriations to the Fund.--There is 
hereby authorized to be appropriated to the Fund for fiscal 
year 1992 the sum of $150,000,000.\53\
---------------------------------------------------------------------------
    \52\ 50 U.S.C. 1909.
    \53\ Sec. 404(f) of Public Law 102-496 (106 Stat. 3186) provided 
the following new authorization:
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 1993 to the National Security Education 
Trust Fund established by section 804 of the David L. Boren National 
Security Education Act of 1991 (50 U.S.C. 1904) the sum of 
$30,000,000.''.
    Title VII of the Department of Defense Appropriations Act, 1992 
(Public Law 102-172; 105 Stat. 1170), provided the following:
---------------------------------------------------------------------------

``National Security Education Trust Fund
---------------------------------------------------------------------------

    ``Of the funds appropriated in this Act, $150,000,000 shall be made 
available only for the National Security Education Trust Fund pursuant 
to the provisions of title VIII of the Intelligence Authorization Act 
(H.R. 2038), for fiscal year 1992.''.
    Public Law 104-6 (109 Stat. 79) rescinded $75,000,000 of the funds 
made available for the National Security Education Trust Fund under 
Public Law 102-172.
---------------------------------------------------------------------------
    (b) Authorization of Obligations From the Fund.--During 
fiscal year 1992, there may be obligated from the Fund such 
amounts as may be provided in appropriations Acts, not to 
exceed $35,000,000. Amounts made available for obligation from 
the Fund for fiscal year 1992 shall remain available until 
expended.

SEC. 810.\54\ FUNDING.

    (a) \55\ Fiscal Years 1993 and 1994.--Amounts appropriated 
to carry out this title for fiscal years 1993 and 1994 shall 
remain available until expended.
---------------------------------------------------------------------------
    \54\ 50 U.S.C. 1910. Sec. 311(c) of Public Law 103-178 (107 Stat. 
2037) added sec. 810.
    \55\ Appropriations: FY1993--$10 million (Supplemental 
Appropriations Act of 1993; Public Law 103-50; 107 Stat. 249); FY1994--
$10 million (Public Law 103-139; 107 Stat. 1437); FY1995--$8.5 million 
(Public Law 335; 108 Stat. 2616); FY1996--$7.5 million (Public Law 104-
61; 109 Stat. 651); FY1997--$5.1 million (Public Law 104-208; 110 Stat. 
3009); FY1998--$2 million (Public Law 105-56; 112 Stat. 1219); FY1999--
$3 million (Public Law 105-262; 112 Stat. 2296; FY2000--$8 million 
(Public Law 106-79; 113 Stat. 1230); FY2001--$6.95 million (Public Law 
106-259; 114 Stat. 674); FY2002--$8 million (Public Law 107-117; 115 
Stat. 2247); FY2003--$8 million (Public Law 107-248; 116 Stat. 1536); 
FY2004--$8 million (Public Law 108-87; 117 Stat. 1071); and FY2005--$8 
million (Public Law 108-287; 118 Stat. 968).
    Public Law 104-61 further provided: ``That any individual accepting 
a scholarship or fellowship from the program agrees to be employed by 
the Department of Defense or the Intelligence Community in accordance 
with Federal employment standards.''.
---------------------------------------------------------------------------
    (b) Fiscal Years 1995 and 1996.--There is authorized to be 
appropriated from, and may be obligated from, the Fund for each 
of the fiscal years 1995 and 1996 not more than the amount 
credited to the Fund in interest only for the preceding fiscal 
year under section 804(e).
    (c) \56\ Funding From Intelligence Community Management 
Account for Fiscal Years Beginning With Fiscal Year 2005.--In 
addition to amounts that may be made available to the Secretary 
under the Fund for a fiscal year, the Director of National 
Intelligence shall transfer to the Secretary from amounts 
appropriated for the Intelligence Community Management Account 
for each fiscal year, beginning with fiscal year 2005, 
$8,000,000 to carry out the scholarship, fellowship, and grant 
programs under subparagraphs (A), (B), and (C), respectively, 
of section 802(a)(1).
---------------------------------------------------------------------------
    \56\ Sec. 601(a) of the Intelligence Authorization Act for Fiscal 
Year 2005 (Public Law 108-487; 118 Stat. 3951) added subsec. (c).
                   14. Inspector General Act of 1978

Partial text of Public Law 95-452 [H.R. 8588], 99 Stat. 1101, approved 
                      October 12, 1978, as amended

                    Title 5 App. United States Code

Sec. 1. Short title

    That this Act be cited as the ``Inspector General Act of 
1978''.\1\
---------------------------------------------------------------------------
    \1\ 5 U.S.C. App.
---------------------------------------------------------------------------

Sec. 2. Purpose and establishment of Offices of Inspector General; 
                    departments and agencies involved

    In order to create independent and objective units--
          (1) to conduct and supervise audits and 
        investigations relating to programs and operations of 
        the establishments listed in section 11(2);
          (2) to provide leadership and coordination and 
        recommend policies for activities designed (A) to 
        promote economy, efficiency, and effectiveness in the 
        administration of, and (B) to prevent and detect fraud 
        and abuse in, such programs and operations; and
          (3) to provide a means for keeping the head of the 
        establishment and the Congress fully and currently 
        informed about problems and deficiencies relating to 
        the administration of such programs and operations and 
        the necessity for and progress of corrective action;
there is established--
          (A) in each of such establishments an office of 
        Inspector General, subject to subparagraph (B); and
          (B) in the establishment of the Department of the 
        Treasury--
                  (i) an Office of Inspector General of the 
                Department of the Treasury; and
                  (ii) an Office of Treasury Inspector General 
                for Tax Administration.

Sec. 3. Appointment of Inspectors General: supervision; removal; 
                    political activities; appointment of Assistant 
                    Inspector General for Auditing and Assistant 
                    Inspector General for Investigations

    (a) There shall be at the head of each Office an Inspector 
General who shall be appointed by the President, by and with 
the advice and consent of the Senate, without regard to 
political affiliation and solely on the basis of integrity and 
demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations. Each Inspector General shall report to and be 
under the general supervision of the head of the establishment 
involved or, to the extent such authority is delegated, the 
officer next in rank below such head, but shall not report to, 
or be subject to supervision by, any other officer of such 
establishment. Neither the head of the establishment nor the 
officer next in rank below such head shall prevent or prohibit 
the Inspector General from initiating, carrying out, or 
completing any audit or investigation, or from issuing any 
subpoena during the course of any audit or investigation.
    (b) An Inspector General may be removed from office by the 
President. The President shall communicate the reasons for any 
such removal to both Houses of Congress.
    (c) For the purposes of section 7324 of Title 5, United 
States Code, no Inspector General shall be considered to be an 
employee who determines policies to be pursued by the United 
States in the nationwide administration of Federal laws.
    (d) Each Inspector General shall, in accordance with 
applicable laws and regulations governing the civil service--
          (1) appoint an Assistant Inspector General for 
        Auditing who shall have the responsibility for 
        supervising the performance of auditing activities 
        relating to programs and operations of the 
        establishment, and
          (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations.

Sec. 4. Duties and responsibilities; report of criminal violations to 
                    Attorney General

    (a) It shall be the duty and responsibility of each 
Inspector General, with respect to the establishment within 
which his Office is established--
          (1) to provide policy direction for and to conduct, 
        supervise, and coordinate audits and investigations 
        relating to the programs and operations of such 
        establishment;
          (2) to review existing and proposed legislation and 
        regulations relating to programs and operations of such 
        establishment and to make recommendations in the 
        semiannual reports required by section 5(a) concerning 
        the impact of such legislation or regulations on the 
        economy and efficiency in the administration of 
        programs and operations administered or financed by 
        such establishment or the prevention and detection of 
        fraud and abuse in such programs and operations;
          (3) to recommend policies for, and to conduct, 
        supervise, or coordinate other activities carried out 
        or financed by such establishment for the purpose of 
        promoting economy and efficiency in the administration 
        of, or preventing and detecting fraud and abuse in, its 
        programs and operations;
          (4) to recommend policies for, and to conduct, 
        supervise, or coordinate relationships between such 
        establishment and other Federal agencies, State and 
        local governmental agencies, and non-governmental 
        entities with respect to (A) all matters relating to 
        the promotion of economy and efficiency in the 
        administration of, or the prevention and detection of 
        fraud and abuse in, programs and operations 
        administered or financed by such establishment, or (B) 
        the identification and prosecution of participants in 
        such fraud or abuse; and
          (5) to keep the head of such establishment and the 
        Congress fully and currently informed, by means of the 
        reports required by section 5 and otherwise, concerning 
        fraud and other serious problems, abuses, and 
        deficiencies relating to the administration of programs 
        and operations administered or financed by such 
        establishment, to recommend corrective action 
        concerning such problems, abuses, and deficiencies, and 
        to report on the progress made in implementing such 
        corrective action.
    (b)(1) In carrying out the responsibilities specified in 
subsection (a)(1), each Inspector General shall--
          (A) comply with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions;
          (B) establish guidelines for determining when it 
        shall be appropriate to use non-Federal auditors; and
          (C) take appropriate steps to assure that any work 
        performed by non-Federal auditors complies with the 
        standards established by the Comptroller General as 
        described in paragraph (1).
    (2) For purposes of determining compliance with paragraph 
(1)(A) with respect to whether internal quality controls are in 
place and operating and whether established audit standards, 
policies, and procedures are being followed by Offices of 
Inspector General of establishments defined under section 
11(2), Offices of Inspector General of designated Federal 
entities defined under section 8E(a)(2), and any audit office 
established within a Federal entity defined under section 
8E(a)(1), reviews shall be performed exclusively by an audit 
entity in the Federal Government, including the General 
Accountability Office or the Office of Inspector General of 
each establishment defined under section 11(2), or the Office 
of Inspector General of each designated Federal entity defined 
under section 8E(a)(2).
    (c) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall give 
particular regard to the activities of the Comptroller General 
of the United States with a view toward avoiding duplication 
and insuring effective coordination and cooperation.
    (d) In carrying out the duties and responsibilities 
established under this Act, each Inspector General shall report 
expeditiously to the Attorney General whenever the Inspector 
General has reasonable grounds to believe there has been a 
violation of Federal criminal law.

Sec. 5. Semiannual reports; transmittal to Congress; availability to 
                    public; immediate report on serious or flagrant 
                    problems

    (a) Each Inspector General shall, not later than April 30 
and October 31 of each year, prepare semiannual reports 
summarizing the activities of the Office during the immediately 
preceding six-month periods ending March 31 and September 30. 
Such reports shall include, but need not be limited to--
          (1) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of such establishment disclosed 
        by such activities during the reporting period;
          (2) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified pursuant to 
        paragraph (1);
          (3) an identification of each significant 
        recommendation described in previous semiannual reports 
        on which corrective action has not been completed;
          (4) a summary of matters referred to prospective 
        authorities and the prosecutions and convictions which 
        have resulted;
          (5) a summary of each report made to the head of the 
        establishment under section 6(b)(2) during the 
        reporting period;
          (6) a listing, subdivided according to subject 
        matter, of each audit report issued by the Office 
        during the reporting period and for each audit report, 
        where applicable, the total dollar value of questioned 
        costs (including a separate category for the dollar 
        value of unsupported costs) and the dollar value of 
        recommendations that funds be put to better use;
          (7) a summary of each particularly significant 
        report;
          (8) statistical tables showing the total number of 
        audit reports and the total dollar value of questioned 
        costs (including a separate category for the dollar 
        value of supported costs), for audit reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs; and
                          (ii) the dollar value of costs not 
                        disallowed; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (9) statistical tables showing the total number of 
        audit reports and the dollar value of recommendations 
        that funds be put to better use by management, for 
        audit reports--
                  (A) for which no management decision had been 
                made by the commencement of the reporting 
                period;
                  (B) which were issued during the reporting 
                period;
                  (C) for which a management decision was made 
                during the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were agreed to by 
                        management; and
                          (ii) the dollar value of 
                        recommendations that were not agreed to 
                        by management; and
                  (D) for which no management decision has been 
                made by the end of the reporting period;
          (10) a summary of each audit report issued before the 
        commencement of the reporting period for which no 
        management decision has been made by the end of the 
        reporting period (including the date and title of each 
        such report), an explanation of the reasons such 
        management decision has not been made, and a statement 
        concerning the desired timetable for achieving a 
        management decision on each such report;
          (11) a description and explanation of the reasons for 
        any significant revised management decision made during 
        the reporting period; and
          (12) information concerning any significant 
        management decision with which the Inspector General is 
        in disagreement.
    (b) Semiannual reports of each Inspector General shall be 
furnished to the head of the establishment involved not later 
than April 30 and October 31 of each year and shall be 
transmitted by such head to the appropriate committees or 
subcommittees of the Congress within thirty days after receipt 
of the report, together with a report by the head of the 
establishment containing--
          (1) any comments such head determines appropriate;
          (2) statistical tables showing the total number of 
        audit reports and the dollar value of disallowed costs, 
        for audit reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of disallowed 
                        costs that were recovered by management 
                        through collection, offset, property in 
                        lieu of cash, or otherwise; and
                          (ii) the dollar value of disallowed 
                        costs that were written off by 
                        management; and
                  (D) for which no final action has been taken 
                by the end of the reporting period;
          (3) statistical tables showing the total number of 
        audit reports and the dollar value of recommendations 
        that funds be put to better use by management agreed to 
        in a management decision, for audit reports--
                  (A) for which final action had not been taken 
                by the commencement of the reporting period;
                  (B) on which management decisions were made 
                during the reporting period;
                  (C) for which final action was taken during 
                the reporting period, including--
                          (i) the dollar value of 
                        recommendations that were actually 
                        completed; and
                          (ii) the dollar value of 
                        recommendations that management has 
                        subsequently concluded should not or 
                        could not be implemented or completed; 
                        and
                  (D) for which no final action has been taken 
                by the end of the reporting period; and
          (4) a statement with respect to audit reports on 
        which management decisions have been made but final 
        action has not been taken, other than audit reports on 
        which a management decision was made within the 
        preceding year, containing--
                  (A) a list of such audit reports and the date 
                each such report was issued;
                  (B) the dollar value of disallowed costs for 
                each report;
                  (C) the dollar value of recommendations that 
                funds be put to better use agreed to by 
                management for each report; and
                  (D) an explanation of the reasons final 
                action has not been taken with respect to each 
                such audit report, except that such statement 
                may exclude such audit reports that are under 
                formal administrative or judicial appeal or 
                upon which management of an establishment has 
                agreed to pursue a legislative solution, but 
                shall identify the number of reports in each 
                category so excluded.
    (c) Within sixty days of the transmission of the semiannual 
reports of each Inspector General to the Congress, the head of 
each establishment shall make copies of such report available 
to the public upon request and at a reasonable cost. Within 60 
days after the transmission of the semiannual reports of each 
establishment head to the Congress, the head of each 
establishment shall make copies of such report available to the 
public upon request and at a reasonable cost.
    (d) Each Inspector General shall report immediately to the 
head of the establishment involved whenever the Inspector 
General becomes aware of particularly serious or flagrant 
problems, abuses, or deficiencies relating to the 
administration of programs and operations of such 
establishment. The head of the establishment shall transmit any 
such report to the appropriate committees or subcommittees of 
Congress within seven calendar days, together with a report by 
the head of the establishment containing any comments such head 
deems appropriate.
    (e)(1) Nothing in this section shall be construed to 
authorize the public disclosure of information which is--
          (A) specifically prohibited from disclosure by any 
        other provision of law;
          (B) specifically required by Executive order to be 
        protected from disclosure in the interest of national 
        defense of national security or in the conduct of 
        foreign affairs; or
          (C) a part of an ongoing criminal investigation.
    (2) Notwithstanding paragraph (1)(C), any report under this 
section may be disclosed to the public in a form which includes 
information with respect to a part of an ongoing criminal 
investigation if such information has been included in a public 
record.
    (3) Except to the extent and in the manner provided under 
section 6103(f) of the Internal Revenue Code of 1986, nothing 
in this section or in any other provision of this Act shall be 
construed to authorize or permit the withholding of information 
from the Congress, or from any committee or subcommittee 
thereof.
    (f) as used in this section--
          (1) the term ``questioned costs'' means a costs that 
        is questioned by the Office because of--
                  (A) an alleged violation of a provision of a 
                law, regulation, contract, grant, cooperative 
                agreement, or other agreement or document 
                governing the expenditure of funds;
                  (B) a finding that, at the time of the audit, 
                such cost is not supported by adequate 
                documentation; or
                  (C) a finding that the expenditure of funds 
                for the intended purpose is unnecessary or 
                unreasonable;
          (2) the term ``unsupported cost'' means a cost that 
        is questioned by the Office because the Office found 
        that, at the time of the audit, such cost is not 
        supported by adequate documentation;
          (3) the term ``disallowed cost'' means a questioned 
        cost that management, in a management decision, has 
        sustained or agreed should not be charged to the 
        Government;
          (4) the term ``recommendation that funds be put to 
        better use'' means a recommendation by the Office that 
        funds could be used more efficiently if management of 
        an establishment took actions to implement and complete 
        the recommendation, including--
                  (A) reductions in outlays;
                  (B) deobligation of funds from programs or 
                operations;
                  (C) withdrawal of interest subsidy costs on 
                loans or loan guarantees, insurance, or bonds;
                  (D) costs not incurred by implementing 
                recommended improvements related to the 
                operations of the establishment, a contractor 
                or grantee;
                  (E) avoidance of unnecessary expenditures 
                noted in preaward reviews of contract or grant 
                agreements; or
                  (F) any other savings which are specifically 
                identified;
          (5) the term ``management decision'' means the 
        evaluation by the management of an establishment of the 
        findings and recommendations included in an audit 
        report and the issuance of a final decision by 
        management concerning its response to such findings and 
        recommendations, including actions concluded to be 
        necessary; and
          (6) the term ``final action'' means--
                  (A) the completion of all actions that the 
                management of an establishment has concluded, 
                in its management decision, are necessary with 
                respect to the findings and recommendations 
                included in an audit report; and
                  (B) in the event that the management of an 
                establishment concludes no action is necessary, 
                final action occurs when a management decision 
                has been made.

Sec. 6. Authority of Inspector Generals; information and assistance 
                    from Federal agencies; unreasonable refusal; office 
                    space and equipment

    (a) In addition to the authority otherwise provided by this 
Act, each Inspector General, in carrying out the provisions of 
this Act, is authorized--
          (1) to have access to all records, reports, audits, 
        reviews, documents, papers, recommendations, or other 
        material available to the applicable establishment 
        which relate to programs and operations with respect to 
        which that Inspector General has responsibilities under 
        this Act;
          (2) to make such investigations and reports relating 
        to the administration of the programs and operations of 
        the applicable establishment as are, in the judgment of 
        the Inspector General, necessary or desirable;
          (3) to request such information or assistance as may 
        be necessary for carrying out the duties and 
        responsibilities provided by this Act from any Federal, 
        State, or local governmental agency or unit thereof;
          (4) to require by subpena the production of all 
        information, documents, reports, answers, records, 
        accounts, papers, and other data and documentary 
        evidence necessary in the performance of the functions 
        assigned by this Act, which subpena, in the case of 
        contumacy or refusal to obey, shall be enforceable by 
        order of any appropriate United States district court: 
        Provided, That procedures other than subpena shall be 
        used by the Inspector General to obtain documents and 
        information from Federal agencies;
          (5) to administer to or take from any person an oath, 
        affirmation, or affidavit, whenever necessary in the 
        performance of the functions assigned by this Act, 
        which oath, affirmation, or affidavit when administered 
        or taken by or before an employee of an Office of 
        Inspector General designated by the Inspector General 
        shall have the same force and effect as if administered 
        or taken by or before an officer having a seal;
          (6) to have direct and prompt access to the head of 
        the establishment involved when necessary for any 
        purpose pertaining to the performance of functions and 
        responsibilities under this Act;
          (7) to select, appoint, and employ such officers and 
        employees as may be necessary for carrying out the 
        functions, powers, and duties of the Office subject to 
        the provisions of Title 5, United States Code, 
        governing appointments in the competitive service, and 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and 
        General Schedule pay rates;
          (8) to obtain services as authorized by section 3109 
        of Title 5, United States Code, at daily rates not to 
        exceed the equivalent rate prescribed for grade GS-18 
        of the General Schedule by section 5332 of Title 5, 
        United States Code; and
          (9) to the extent and in such amounts as may be 
        provided in advance by appropriations Acts, to enter 
        into contracts and other arrangements for audits, 
        studies, analyses, and other services with public 
        agencies and with private persons, and to make such 
        payments as may be necessary to carry out the 
        provisions of this Act.
    (b)(1) Upon request of an Inspector General for information 
or assistance under subsection (a)(3), the head of any Federal 
agency involved shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or 
regulation of the Federal agency from which the information is 
requested, furnish to such Inspector General, or to an 
authorized designee, such information or assistance.
    (2) Whenever information or assistance requested under 
subsection (a)(1) or (a)(3) is, in the judgment of an Inspector 
General, unreasonably refused or not provided, the Inspector 
General shall report the circumstances to the head of the 
establishment involved without delay.
    (c) Each head of an establishment shall provide the Office 
within such establishment with appropriate and adequate office 
space at central and field office locations of such 
establishment, together with such equipment, office supplies, 
and communications facilities and services as may be necessary 
for the operation of such offices, and shall provide necessary 
maintenance services for such offices and the equipment and 
facilities located therein.
    (d) For purposes of the provisions of title 5, United 
States Code, governing the Senior Executive Service, any 
reference in such provisions to the ``appointing authority'' 
for a member of the Senior Executive Service or for a Senior 
Executive Service position shall, if such member or position is 
or would be within the Office of an Inspector General, be 
deemed to be a reference to such Inspector General.
    (e)(1) In addition to the authority otherwise provided by 
this Act, each Inspector General appointed under section 3, any 
Assistant Inspector General for Investigations under such an 
Inspector General, and any special agent supervised by such an 
Assistant Inspector General may be authorized by the Attorney 
General to--
          (A) carry a firearm while engaged in official duties 
        as authorized under this Act or other statute, or as 
        expressly authorized by the Attorney General;
          (B) make an arrest without a warrant while engaged in 
        official duties as authorized under this Act or other 
        statute, or as expressly authorized by the Attorney 
        General, for any offense against the United States 
        committed in the presence of such Inspector General, 
        Assistant Inspector General, or agent, or for any 
        felony cognizable under the laws of the United States 
        if such Inspector General, Assistant Inspector General, 
        or agent has reasonable grounds to believe that the 
        person to be arrested has committed or is committing 
        such felony; and
          (C) seek and execute warrants for arrest, search of a 
        premises, or seizure of evidence issued under the 
        authority of the United States upon probable cause to 
        believe that a violation has been committed.
    (2) The Attorney General may authorize exercise of the 
powers under this subsection only upon an initial determination 
that--
          (A) the affected Office of Inspector General is 
        significantly hampered in the performance of 
        responsibilities established by this Act as a result of 
        the lack of such powers;
          (B) available assistance from other law enforcement 
        agencies is insufficient to meet the need for such 
        powers; and
          (C) adequate internal safeguards and management 
        procedures exist to ensure proper exercise of such 
        powers.
    (3) The Inspector General offices of the Department of 
Commerce, Department of Education, Department of Energy, 
Department of Health and Human Services, Department of Homeland 
Security, Department of Housing and Urban Development, 
Department of the Interior, Department of Justice, Department 
of Labor, Department of State, Department of Transportation, 
Department of the Treasury, Department of Veterans Affairs, 
Agency for International Development, Environmental Protection 
Agency, Federal Deposit Insurance Corporation, Federal 
Emergency Management Agency, General Services Administration, 
National Aeronautics and Space Administration, Nuclear 
Regulatory Commission, Office of Personnel Management, Railroad 
Retirement Board, Small Business Administration, Social 
Security Administration, and the Tennessee Valley Authority are 
exempt from the requirement of paragraph (2) of an initial 
determination of eligibility by the Attorney General.
    (4) The Attorney General shall promulgate, and revise as 
appropriate, guidelines which shall govern the exercise of the 
law enforcement powers established under paragraph (1).
    (5)(A) Powers authorized for an Office of Inspector General 
under paragraph (1) may be rescinded or suspended upon a 
determination by the Attorney General that any of the 
requirements under paragraph (2) is no longer satisfied or that 
the exercise of authorized powers by that Office of Inspector 
General has not complied with the guidelines promulgated by the 
Attorney General under paragraph (4).
    (B) Powers authorized to be exercised by any individual 
under paragraph (1) may be rescinded or suspended with respect 
to that individual upon a determination by the Attorney General 
that such individual has not complied with guidelines 
promulgated by the Attorney General under paragraph (4).
    (6) A determination by the Attorney General under paragraph 
(2) or (5) shall not be reviewable in or by any court.
    (7) To ensure the proper exercise of the law enforcement 
powers authorized by this subsection, the Offices of Inspector 
General described under paragraph (3) shall, not later than 180 
days after the date of enactment of this subsection, 
collectively enter into a memorandum of understanding to 
establish an external review process for ensuring that adequate 
internal safeguards and management procedures continue to exist 
within each Office and within any Office that later receives an 
authorization under paragraph (2). The review process shall be 
established in consultation with the Attorney General, who 
shall be provided with a copy of the memorandum of 
understanding that establishes the review process. Under the 
review process, the exercise of the law enforcement powers by 
each Office of Inspector General shall be reviewed periodically 
by another Office of Inspector General or by a committee of 
Inspectors General. The results of each review shall be 
communicated in writing to the applicable Inspector General and 
to the Attorney General.
    (8) No provision of this subsection shall limit the 
exercise of law enforcement powers established under any other 
statutory authority, including United States Marshals Service 
special deputation.

Sec. 7. Complaints by employees; disclosure of identity; reprisals

    (a) The Inspector General may receive and investigate 
complaints or information from an employee of the establishment 
concerning the possible existence of an activity constituting a 
violation of law, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority or a substantial and 
specific danger to the public health and safety.
    (b) The Inspector General shall not, after receipt of a 
complaint or information from an employee, disclose the 
identity of the employee without the consent of the employee, 
unless the Inspector General determines such disclosure is 
unavoidable during the course of the investigation.
    (c) Any employee who has authority to take, direct others 
to take, recommend, or approve any personnel action, shall not, 
with respect to such authority, take or threaten to take any 
action against any employee as a reprisal for making a 
complaint or disclosing information to an Inspector General, 
unless the complaint was made or the information disclosed with 
the knowledge that it was false or with willful disregard for 
its truth or falsity.

Sec. 8. Additional provisions with respect to the Inspector General of 
                    the Department of Defense

    (a) No member of the Armed Forces, active or reserve, shall 
be appointed Inspector General of the Department of Defense.
    (b)(1) Notwithstanding the last two sentences of section 
3(a), the Inspector General shall be under the authority, 
direction, and control of the Secretary of Defense with respect 
to audits or investigations, or the issuance of subpoenas, 
which require access to information concerning--
          (A) sensitive operational plans;
          (B) intelligence matters;
          (C) counterintelligence matters;
          (D) ongoing criminal investigations by other 
        administrative units of the Department of Defense 
        related to national security; or
          (E) other matters the disclosure of which would 
        constitute a serious threat to national security.
    (2) With respect to the information described in paragraph 
(1) the Secretary of Defense may prohibit the Inspector General 
from initiating, carrying out, or completing any audit or 
investigation, or from issuing any subpoena, after the 
Inspector General has decided to initiate, carry out or 
complete such audit or investigation or to issue such subpoena, 
if the Secretary determines that such prohibition is necessary 
to preserve the national security interests of the United 
States.
    (3) If the Secretary of Defense exercises any power under 
paragraph (1) or (2), the Inspector General shall submit a 
statement concerning such exercise within thirty days to the 
Committees on Armed Services and Governmental Affairs of the 
Senate and the Committees on Armed Services and Government 
Operations \2\ of the House of Representatives and to other 
appropriate committees or subcommittees of the Congress.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(6) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Government Operations of the House of 
Representatives shall be treated as referring to the Committee on 
Government Reform and Oversight of the House of Representatives.
---------------------------------------------------------------------------
    (4) The Secretary shall, within thirty days after 
submission of a statement under paragraph (3), transmit a 
statement of the reasons for the exercise of power under 
paragraph (1) or (2) to the Committees on Armed Services and 
Governmental Affairs of the Senate and the Committees on Armed 
Services and Government Operations \2\ of the House of 
Representatives and to other appropriate committees or 
subcommittees.
    (c) In addition to the other duties and responsibilities 
specified in this Act, the Inspector General of the Department 
of Defense shall--
          (1) be the principal advisor to the Secretary of 
        Defense for matters relating to the prevention and 
        detection of fraud, waste, and abuse in the programs 
        and operations of the Department;
          (2) initiate, conduct, and supervise such audits and 
        investigations in the Department of Defense (including 
        the military departments) as the Inspector General 
        considers appropriate;
          (3) provide policy direction for audits and 
        investigations relating to fraud, waste, and abuse and 
        program effectiveness;
          (4) investigate fraud, waste, and abuse uncovered as 
        a result of other contract and internal audits, as the 
        Inspector General considers appropriate;
          (5) develop policy, monitor and evaluate program 
        performance, and provide guidance with respect to all 
        Department activities relating to criminal 
        investigation programs;
          (6) monitor and evaluate the adherence of Department 
        auditors to internal audit, contract audit, and 
        internal review principles, policies, and procedures;
          (7) develop policy, evaluate program performance, and 
        monitor actions taken by all components of the 
        Department in response to contract audits, internal 
        audits, internal review reports, and audits conducted 
        by the Comptroller General of the United States;
          (8) request assistance as needed from other audit, 
        inspection, and investigative units of the Department 
        of Defense (including military departments); and
          (9) give particular regard to the activities of the 
        internal audit, inspection, and investigative units of 
        the military departments with a view toward avoiding 
        duplication and insuring effective coordination and 
        cooperation.
    (d) Notwithstanding section 4(d), the Inspector General of 
the Department of Defense shall expeditiously report suspected 
or alleged violations of chapter 47 of title 10, United States 
Code (Uniform Code of Military Justice), to the Secretary of 
the military department concerned or the Secretary of Defense.
    (e) For the purposes of section 7, a member of the Armed 
Forces shall be deemed to be an employee of the Department of 
Defense, except that, when the Coast Guard operates as a 
service of another department or agency of the Federal 
Government, a member of the Coast Guard shall be deemed to be 
an employee of such department or agency.
    (f)(1) Each semiannual report prepared by the Inspector 
General of the Department of Defense under section 5(a) shall 
include information concerning the numbers and types of 
contract audits conducted by the Department during the 
reporting period. Each such report shall be transmitted by the 
Secretary of Defense to the Committees on Armed Services and 
Governmental Affairs of the Senate and the Committees on Armed 
Services and Government Operations \2\ of the House of 
Representatives and to other appropriate committees or 
subcommittees of the Congress.
    (2) Any report required to be transmitted by the Secretary 
of Defense to the appropriate committees or subcommittees of 
the Congress under section 5(d) shall also be transmitted, 
within the seven-day period specified in such section, to the 
Committees on Armed Services and Governmental Affairs of the 
Senate and the Committees on Armed Services and Government 
Operations \2\ of the House of Representatives.
    (g) The provisions of section 1385 of title 18, United 
States Code, shall not apply to audits and investigations 
conducted by, under the direction of, or at the request of the 
Inspector General of the Department of Defense to carry out the 
purposes of this Act.

Sec. 8A. Special provisions relating to the Agency for International 
                    Development

    (a) In addition to the other duties and responsibilities 
specified in this Act, the Inspector General of the Agency for 
International Development shall supervise, direct, and control 
all security activities relating to the programs and operations 
of that Agency, subject to the supervision of the Administrator 
of that Agency.
    (b) In addition to the Assistant Inspector Generals 
provided for in section 3(d) of this Act, the Inspector General 
of the Agency for International Development shall, in 
accordance with applicable laws and regulations governing the 
civil service, appoint an Assistant Inspector General for 
Security who shall have the responsibility for supervising the 
performance of security activities relating to programs and 
operations of the Agency for International Development.
    (c) In addition to the officers and employees provided for 
in section 6(a)(6) of this Act, members of the Foreign Service 
may, at the request of the Inspector General of the Agency for 
International Development, be assigned as employees of the 
Inspector General. Members of the Foreign Service so assigned 
shall be responsible solely to the Inspector General, and the 
Inspector General (or his or her designee) shall prepare the 
performance evaluation reports for such members.
    (d) In establishing and staffing field offices pursuant to 
section 6(c) of this Act, the Administrator of the Agency for 
International Development shall not be bound by overseas 
personnel ceilings established under the Monitoring Overseas 
Direct Employment policy.
    (e) The Inspector General of the Agency for International 
Development shall be in addition to the officers provided for 
in section 624(a) of the Foreign Assistance Act of 1961 [22 
U.S.C.A. Sec. 2384(a)].
    (f) As used in this Act, the term ``Agency for 
International Development'' includes any successor agency 
primarily responsible for administering part I of the Foreign 
Assistance Act of 1961 [22 U.S.C.A. Sec. 2151 et seq.].
          * * * * * * *
    15. Assignment of National Security and Emergency Preparedness 
                      Telecommunications Functions

  Executive Order 12472, April 3, 1984, 49 F.R. 13471; as amended by 
      Executive Order 13286, February 28, 2003, 68 F.R. 10619 \1\

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Communications Act of 1934, as amended (47 U.S.C. 
151), the National Security Act of 1947, as amended, the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 
2061), the Federal Civil Defense Act of 1950, as amended (50 
U.S.C. App. 2251), the Disaster Relief Act of 1974 (42 U.S.C. 
5121), Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 
197, 1978 Comp.), and Section 203 of Reorganization Plan No. 3 
of 1978 (3 C.F.R. 389, 1978 Comp.), and in order to provide for 
the consolidation of assignment and responsibility for improved 
execution of national security and emergency preparedness 
telecommunications functions, it is hereby ordered as follows:
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 5195 note (transferred from 50 U.S.C. app. 2251 
note).
---------------------------------------------------------------------------
    Section 1. The National Communications System. (a) There is 
hereby established the National Communications System (NCS). 
The NCS shall consist of the telecommunications assets of the 
entities represented on the NCS Committee of Principals and an 
administrative structure consisting of the Executive Agent, the 
NCS Committee of Principals and the Manager. The NCS Committee 
of Principals shall consist of representatives from those 
Federal departments, agencies or entities, designated by the 
President, which lease or own telecommunications facilities or 
services of significance to national security or emergency 
preparedness, and, to the extent permitted by law, other 
Executive entities which bear policy, regulatory or enforcement 
responsibilities of importance to national security or 
emergency preparedness telecommunications capabilities.
    (b) The mission of the NCS shall be to assist the 
President, the National Security Council, the Homeland Security 
Council,\2\ the Director of the Office of Science and 
Technology Policy and the Director of the Office of Management 
and Budget in:
---------------------------------------------------------------------------
    \2\ Sec. 46(a) of Executive Order 13286 (68 F.R. 10627) inserted 
``the Homeland Security Council,''.
---------------------------------------------------------------------------
          (1) The exercise of the telecommunications functions 
        and responsibilities set forth in Section 2 of this 
        Order; and
          (2) The coordination of the planning for and 
        provision of national security and emergency 
        preparedness communications for the Federal government 
        under all circumstances, including crisis or emergency, 
        attack, recovery and reconstitution.
    (c) The NCS shall seek to ensure that a national 
telecommunications infrastructure is developed which:
          (1) Is responsive to the national security and 
        emergency preparedness needs of the President and the 
        Federal departments, agencies and other entities, 
        including telecommunications in support of national 
        security leadership and continuity of government;
          (2) Is capable of satisfying priority 
        telecommunications requirements under all circumstances 
        through use of commercial, government and privately 
        owned telecommunications resources;
          (3) Incorporates the necessary combination of 
        hardness, redundancy, mobility, connectivity, 
        interoperability, restorability and security to obtain, 
        to the maximum extent practicable, the survivability of 
        national security and emergency preparedness 
        telecommunications in all circumstances, including 
        conditions of crisis or emergency; and
          (4) Is consistent, to the maximum extent practicable, 
        with other national telecommunications policies.
    (d) To assist in accomplishing its mission, the NCS shall:
          (1) serve as a focal point for joint industry-
        government national security and emergency preparedness 
        telecommunications planning; and
          (2) establish a joint industry-government National 
        Coordinating Center which is capable of assisting in 
        the initiation, coordination, restoration and 
        reconstitution of national security or emergency 
        preparedness telecommunications services or facilities 
        under all conditions of crisis or emergency.
    (e) The Secretary of Homeland Security \3\ is designated as 
the Executive Agent for the NCS. The Executive Agent shall:
---------------------------------------------------------------------------
    \3\ Sec. 46(b) of Executive Order 13286 (68 F.R. 10627) struck out 
``Secretary of Defense'' and inserted in lieu thereof ``Secretary of 
Homeland Security''.
---------------------------------------------------------------------------
          (1) Designate the Manager of the NCS;
          (2) Ensure that the NCS conducts unified planning and 
        operations, in order to coordinate the development and 
        maintenance of an effective and responsive capability 
        for meeting the domestic and international national 
        security and emergency preparedness telecommunications 
        needs of the Federal government;
          (3) Ensure that the activities of the NCS are 
        conducted in conjunction with the emergency management 
        activities of the Department of Homeland Security; \4\
---------------------------------------------------------------------------
    \4\ Sec. 46(c) of Executive Order 13286 (68 F.R. 10627) struck out 
``Federal Emergency Management Agency'' and inserted in lieu thereof 
``Department of Homeland Security''.
---------------------------------------------------------------------------
          (4) Recommend, in consultation with the NCS Committee 
        of Principals, to the National Security Council, the 
        Homeland Security Council,\2\ the Director of the 
        Office of Science and Technology Policy, or the 
        Director of the Office of Management and Budget, as 
        appropriate:
                  a. The assignment of implementation or other 
                responsibilities to NCS member entities;
                  b. New initiatives to assist in the exercise 
                of the functions specified in Section 2; and
                  c. Changes in the composition or structure of 
                the NCS.
          (5) Oversee the activities of and provide personnel 
        and administrative support to the Manager of the NCS;
          (6) Provide staff support and technical assistance to 
        the National Security Telecommunications Advisory 
        Committee established by Executive Order No. 12382, as 
        amended; and
          (7) Perform such other duties as are from time to 
        time assigned by the President or his authorized 
        designee.
    (f) The NCS Committee of Principals shall:
          (1) Serve as the forum in which each member of the 
        Committee may review, evaluate, and present views, 
        information and recommendations concerning ongoing or 
        prospective national security or emergency preparedness 
        telecommunications programs or activities of the NCS 
        and the entities represented on the Committee;
          (2) Serve as the forum in which each member of the 
        Committee shall report on and explain ongoing or 
        prospective telecommunications plans and programs 
        developed or designed to achieve national security or 
        emergency preparedness telecommunications objectives;
          (3) Provide comments or recommendations, as 
        appropriate, to the National Security Council, the 
        Homeland Security Council,\2\ the Director of the 
        Office of Science and Technology Policy, the Director 
        of the Office of Management and Budget, the Executive 
        Agent, or the Manager of the NCS, regarding ongoing or 
        prospective activities of the NCS; and
          (4) Perform such other duties as are from time to 
        time assigned by the President or his authorized 
        designee.
    (g) The Manager of the NCS shall:
          (1) Develop for consideration by the NCS Committee of 
        Principals and the Executive Agent:
                  a. A recommended evolutionary 
                telecommunications architecture designed to 
                meet current and future Federal government 
                national security and emergency preparedness 
                telecommunications requirements;
                  b. Plans and procedures for the management, 
                allocation and use, including the establishment 
                of priorities or preferences, of Federally 
                owned or leased telecommunications assets under 
                all conditions of crisis or emergency;
                  c. Plans, procedures and standards for 
                minimizing or removing technical impediments to 
                the interoperability of government-owned and/or 
                commercially-provided telecommunications 
                systems;
                  d. Test and exercise programs and procedures 
                for the evaluation of the capability of the 
                Nation's telecommunications resources to meet 
                national security or emergency preparedness 
                telecommunications requirements; and
                  e. Alternative mechanisms for funding, 
                through the budget review process, national 
                security or emergency preparedness 
                telecommunications initiatives which benefit 
                multiple Federal departments, agencies, or 
                entities. Those mechanisms recommended by the 
                NCS Committee of Principals and the Executive 
                Agent shall be submitted to the Director of the 
                Office of Management and Budget.
          (2) Implement and administer any approved plans or 
        programs as assigned, including any system of 
        priorities and preferences for the provision of 
        communications service, in consultation with the NCS 
        Committee of Principals and the Federal Communications 
        Commission, to the extent practicable or otherwise 
        required by law or regulation;
          (3) Chair the NCS Committee of Principals and provide 
        staff support and technical assistance thereto;
          (4) Serve as a focal point for joint industry-
        government planning, including the dissemination of 
        technical information, concerning the national security 
        or emergency preparedness telecommunications 
        requirements of the Federal government;
          (5) Conduct technical studies or analyses, and 
        examine research and development programs, for the 
        purpose of identifying, for consideration by the NCS 
        Committee of Principals and the Executive Agent, 
        improved approaches which may assist Federal entities 
        in fulfilling national security or emergency 
        preparedness telecommunications objectives;
          (6) Pursuant to the Federal Standardization Program 
        of the General Services Administration, and in 
        consultation with other appropriate entities of the 
        Federal government including the NCS Committee of 
        Principals, manage the Federal Telecommunications 
        Standards Program, ensuring wherever feasible that 
        existing or evolving industry, national, and 
        international standards are used as the basis for 
        Federal telecommunications standards; and
          (7) Provide such reports and perform such other 
        duties as are from time to time assigned by the 
        President or his authorized designee, the Executive 
        Agent, or the NCS Committee of Principals. Any such 
        assignments of responsibility to, or reports made by, 
        the Manager shall be transmitted through the Executive 
        Agent.
    Sec. 2. Executive Office Responsibilities. (a) Wartime 
Emergency Functions. (1) The National Security Council shall 
provide policy direction for the exercise of the war power 
functions of the President under Section 606 of the 
Communications Act of 1934, as amended (47 U.S.C. 606), should 
the President issue implementing instructions in accordance 
with the National Emergencies Act (50 U.S.C. 1601).
    (2) The Director of the Office of Science and Technology 
Policy shall direct the exercise of the war power functions of 
the President under Section 606 (a), (c)-(e), of the 
Communications Act of 1934, as amended (47 U.S.C. 606), should 
the President issue implementing instructions in accordance 
with the National Emergencies Act (50 U.S.C. 1601).
    (b) Non-Wartime Emergency Functions. (1) The National 
Security Council, in consultation with the Homeland Security 
Council,\5\ shall:
---------------------------------------------------------------------------
    \5\ Sec. 46(d) of Executive Order 13286 (68 F.R. 10627) inserted 
``, in consultation with the Homeland Security Council,''.
---------------------------------------------------------------------------
          a. Advise and assist the President in coordinating 
        the development of policy, plans, programs and 
        standards within the Federal government for the 
        identification, allocation, and use of the Nation's 
        telecommunications resources by the Federal government, 
        and by State and local governments, private industry 
        and volunteer organizations upon request, to the extent 
        practicable and otherwise consistent with law, during 
        those crises or emergencies in which the exercise of 
        the President's war power function is not required or 
        permitted by law; and
          b. Provide policy direction for the exercise of the 
        President's non-wartime emergency telecommunications 
        functions, should the President's so instruct.
    (2) The Director of the Office of Science and Technology 
Policy shall provide information, advice, guidance and 
assistance, as appropriate, to the President and to those 
Federal departments and agencies with responsibilities for the 
provision, management, or allocation of telecommunications 
resources, during those crises or emergencies in which the 
exercise of the President's war power functions is not required 
or permitted by law;
    (3) The Director of the Office of Science and Technology 
Policy shall establish a Joint Telecommunications Resources 
Board (JTRB) to assist him in the exercise of the functions 
specified in this subsection. The Director of the Office of 
Science and Technology Policy shall serve as chairman of the 
JTRB; select those Federal departments, agencies, or entities 
which shall be members of the JTRB; and specify the functions 
it shall perform.
    (c) Planning and Oversight Responsibilities. (1) The 
National Security Council shall advise and assist the President 
in:
          a. Coordinating the development of policy, plans, 
        programs and standards for the mobilization and use of 
        the Nation's commercial, government, and privately 
        owned telecommunications resources, in order to meet 
        national security or emergency preparedness 
        requirements;
          b. Providing policy oversight and direction of the 
        activities of the NCS; and
          c. Providing policy oversight and guidance for the 
        execution of the responsibilities assigned to the 
        Federal departments and agencies by this Order.
    (2) The Director of the Office of Science and Technology 
Policy shall make recommendations to the President with respect 
to the test, exercise and evaluation of the capability of 
existing and planned communication systems, networks or 
facilities to meet national security or emergency preparedness 
requirements and report the results of any such test or 
evaluations and any recommended remedial actions to the 
President and to the National Security Council;
    (3) The Director of the Office of Science and Technology 
Policy or his designee shall advise and assist the President in 
the administration of a system of radio spectrum priorities for 
those spectrum dependent telecommunications resources of the 
Federal government which support national security or emergency 
preparedness functions. The Director also shall certify or 
approve priorities for radio spectrum use by the Federal 
government, including the resolution of any conflicts in or 
among priorities, under all conditions of crisis or emergency; 
and
    (4) The National Security Council, the Homeland Security 
Council,\2\ the Director of the Office of Science and 
Technology Policy and the Director of the Office of Management 
and Budget shall, in consultation with the Executive Agent for 
the NCS and the NCS Committee of Principals, determine what 
constitutes national security and emergency preparedness 
telecommunications requirements.
    (d) Consultation with Federal Departments and Agencies. In 
performing the functions assigned under this Order, the 
National Security Council, the Homeland Security Council,\6\ 
and the Director of the Office of Science and Technology 
Policy, in consultation with each other, shall:
---------------------------------------------------------------------------
    \6\ Sec. 46(e) of Executive Order 13286 (68 F.R. 10627) inserted 
``, the Homeland Security Council,''.
---------------------------------------------------------------------------
          (1) Consult, as appropriate, with the Director of the 
        Office of Management and Budget; the Secretary of 
        Homeland Security \7\ with respect to the emergency 
        management responsibilities assigned pursuant to 
        Executive Order No. 12148, as amended; the Secretary of 
        Commerce, with respect to responsibilities assigned 
        pursuant to Executive Order No. 12046; the Secretary of 
        Defense, with respect to communications security 
        responsibilities assigned pursuant to Executive Order 
        No. 12333; and the Chairman of the Federal 
        Communications Commission or his authorized designee; 
        and
---------------------------------------------------------------------------
    \7\ Sec. 46(f) of Executive Order 13286 (68 F.R. 10627) struck out 
``the Director of the Federal Emergency Management Agency'' and 
inserted in lieu thereof ``the Secretary of Homeland Security''.
---------------------------------------------------------------------------
          (2) Establish arrangements for consultation among all 
        interested Federal departments, agencies or entities to 
        ensure that the national security and emergency 
        preparedness communications needs of all Federal 
        Government entities are identified; that mechanisms to 
        address such needs are incorporated into pertinent 
        plans and procedures; and that such needs are met in a 
        manner consistent, to the maximum extent practicable, 
        with other national telecommunications policies.
    (e) Budgetary Guidelines. The Director of the Office of 
Management and Budget, in consultation with the National 
Security Council, the Homeland Security Council,\6\ and the 
NCS, will prescribe general guidelines and procedures for 
reviewing the financing of the NCS within the budgetary process 
and for preparation of budget estimates by participating 
agencies. These guidelines and procedures may provide for 
mechanisms for funding, through the budget review process, 
national security and emergency preparedness telecommunications 
initiatives which benefit multiple Federal departments, 
agencies, or entities.
    Sec. 3. Assignment of Responsibilities to Other Departments 
and Agencies. In order to support and enhance the capability to 
satisfy the national security and emergency preparedness 
telecommunications needs of the Federal government, State and 
local governments, private industry and volunteer 
organizations, under all circumstances including those of 
crisis or emergency, the Federal departments and agencies shall 
perform the following functions:
          (a) Department of Commerce. The Secretary of Commerce 
        shall, for all conditions of crisis or emergency:
                  (1) Develop plans and procedures concerning 
                radio spectrum assignments, priorities and 
                allocations for use by Federal departments, 
                agencies and entities; and
                  (2) Develop, maintain and publish policy, 
                plans, and procedures for the control and 
                allocation of frequency assignments, including 
                the authority to amend, modify or revoke such 
                assignments, in those parts of the 
                electromagnetic spectrum assigned to the 
                Federal government.
          (b) Department of Homeland Security. The Secretary of 
        Homeland Security shall: \8\
---------------------------------------------------------------------------
    \8\ Sec. 46(g) of Executive Order 13286 (68 F.R. 10627) struck out 
``Federal Emergency Management Agency. The Director of the Federal 
Emergency Management Agency shall:'' and inserted in lieu thereof 
``Department of Homeland Security. The Secretary of Homeland Security 
shall:''.
---------------------------------------------------------------------------
                  (1) Plan for and provide, operate and 
                maintain telecommunications services and 
                facilities, as part of its National Emergency 
                Management System, adequate to support its 
                assigned emergency management responsibilities;
                  (2) Advise and assist State and local 
                governments and volunteer organizations, upon 
                request and to the extent consistent with law, 
                in developing plans and procedures for 
                identifying and satisfying their national 
                security or emergency preparedness 
                telecommunications requirements;
                  (3) Ensure, to the maximum extent 
                practicable, that national security and 
                emergency preparedness telecommunications 
                planning by State and local governments and 
                volunteer organizations is mutually supportive 
                and consistent with the planning of the Federal 
                government; and
                  (4) Develop, upon request and to the extent 
                consistent with law and in consonance with 
                regulations promulgated by the agreements with 
                the Federal Communications Commission, plans 
                and capabilities for, and provide policy and 
                management oversight of, the Emergency 
                Broadcast System, and advise and assist private 
                radio licensees of the Commission in developing 
                emergency communications plans, procedures and 
                capabilities.
          (c) Department of State. The Secretary of State, in 
        accordance with assigned responsibilities within the 
        Diplomatic Telecommunications System, shall plan for 
        and provide, operate and maintain rapid, reliable and 
        secure telecommunications services to those Federal 
        entities represented at United States diplomatic 
        missions and consular offices overseas. This 
        responsibility shall include the provision and 
        operation of domestic telecommunications in support of 
        assigned national security or emergency preparedness 
        responsibilities.
          (d) Department of Defense. In addition to the other 
        responsibilities assigned by this Order, the Secretary 
        of Defense shall:
                  (1) Plan for and provide, operate and 
                maintain telecommunications services and 
                facilities adequate to support the National 
                Command Authorities and to execute the 
                responsibilities assigned by Executive Order 
                No. 12333; and
                  (2) Ensure that the Director of the National 
                Security Agency provides the technical support 
                necessary to develop and maintain plans 
                adequate to provide for the security and 
                protection of national security and emergency 
                preparedness telecommunications.
                  (3) \9\ Nothing in this order shall be 
                construed to impair or otherwise affect the 
                authority of the Secretary of Defense with 
                respect to the Department of Defense, including 
                the chain of command for the armed forces of 
                the United States under section 162(b) of title 
                10, United States Code, and the authority of 
                the Secretary of Defense with respect to the 
                Department of Defense under section 113(b) of 
                that title.
---------------------------------------------------------------------------
    \9\ Sec. 46(h) of Executive Order 13286 (68 F.R. 10627) added para. 
(3).
---------------------------------------------------------------------------
          (e) Department of Justice. The Attorney General 
        shall, as necessary, review for legal sufficiency, 
        including consistency with the antitrust laws, all 
        policies, plans or procedures developed pursuant to 
        responsibilities assigned by this Order.
          (f) Central Intelligence Agency. The Director of 
        Central Intelligence shall plan for and provide, 
        operate, and maintain telecommunications services 
        adequate to support its assigned responsibilities, 
        including the dissemination of intelligence within the 
        Federal Government.
          (g) General Services Administration. Except as 
        otherwise assigned by this Order, the Administrator of 
        General Services, consistent with policy guidance 
        provided by the Director of the Office of Management 
        and Budget, shall ensure that Federally owned or 
        managed domestic communications facilities and services 
        meet the national security and emergency preparedness 
        requirements of the Federal civilian departments, 
        agencies and entities.
          (h) Federal Communications Commission. The Federal 
        Communications Commission shall, consistent with 
        Section 4(c) of this Order:
                  (1) Review the policies, plans and procedures 
                of all entities licensed or regulated by the 
                Commission that are developed to provide 
                national security or emergency preparedness 
                communications services, in order to ensure 
                that such policies, plans and procedures are 
                consistent with the public interest, 
                convenience and necessity;
                  (2) Perform such functions as required by law 
                with respect to all entities licensed or 
                regulated by the Commission, including (but not 
                limited to) the extension, discontinuance or 
                reduction of common carrier facilities or 
                services; the control of common carrier rates, 
                charges, practices and classifications; the 
                construction, authorization, activation, 
                deactivation or closing of radio stations, 
                services and facilities; the assignment of 
                radio frequencies to Commission licensees; the 
                investigation of violations of pertinent law 
                and regulation; and the initiation of 
                appropriate enforcement actions;
                  (3) Develop policy, plans and procedures 
                adequate to execute the responsibilities 
                assigned in this Order under all conditions or 
                crisis or emergency; and
                  (4) Consult as appropriate with the Executive 
                Agent for the NCS and the NCS Committee of 
                Principals to ensure continued coordination of 
                their respective national security and 
                emergency preparedness activities.
          (i) All Federal departments and agencies, to the 
        extent consistent with law (including those authorities 
        and responsibilities set forth in Section 4(c) of this 
        Order), shall:
                  (1) Determine their national security and 
                emergency preparedness telecommunications 
                requirements, and provide information regarding 
                such requirements to the Manager of the NCS;
                  (2) Prepare policies, plans and procedures 
                concerning telecommunications facilities, 
                services or equipment under their management or 
                operational control to maximize their 
                capability of responding to the national 
                security or emergency preparedness needs of the 
                Federal Government;
                  (3) Provide, after consultation with the 
                Director of the Office of Management and 
                Budget, resources to support their respective 
                requirements for national security and 
                emergency preparedness telecommunications; and 
                provide personnel and staff support to the 
                Manager of the NCS as required by the 
                President;
                  (4) Make information available to, and 
                consult with, the Manager of the NCS regarding 
                agency telecommunications activities in support 
                of national security or emergency preparedness;
                  (5) Consult, consistent with the provisions 
                of Executive Order No. 12046, as amended, and 
                in conjunction with the Manager of the NCS, 
                with the Federal Communications Commission 
                regarding execution of responsibilities 
                assigned by this Order;
                  (6) Submit reports annually, or as otherwise 
                requested, to the Manager of the NCS, regarding 
                agency national security or emergency 
                preparedness telecommunications activities; and
                  (7) Cooperate with and assist the Executive 
                Agent for the NCS, the NCS Committee of 
                Principals, the Manager of the NCS, and other 
                departments and agencies in the execution of 
                the functions set forth in this Order, 
                furnishing them such information, support and 
                assistance as may be required.
          (j) Each Federal department or agency shall execute 
        the responsibilities assigned by this Order in 
        conjunction with the emergency management activities of 
        the Department of Homeland Security,\4\ and in regular 
        consultation with the Executive Agent for the NCS and 
        the NCS Committee of Principals to ensure continued 
        coordination of NCS and individual agency 
        telecommunications activities.
    Sec. 4. General Provisions. (a) All Executive departments 
and agencies may issue such rules and regulations as may be 
necessary to carry out the functions assigned under this Order.
    (b) In order to reflect the assignments of responsibility 
provided by this Order:
          (1) Sections 2-414, 4-102, 4-103, 4-202, 4-302, 5-3, 
        and 6-101 of Executive Order No. 12046, as amended, are 
        revoked;
          (2) The Presidential Memorandum of August 21, 1963, 
        as amended, entitled ``Establishment of the National 
        Communications System'', is hereby superseded; and
          (3) Section 2-411 of Executive Order No. 12046, as 
        amended, is further amended by deleting the period and 
        inserting ``, except as otherwise provided by Executive 
        Order No.  '' and inserting the number assigned to this 
        Order.
    (c) Nothing in this Order shall be deemed to affect the 
authorities or responsibilities of the Director of the Office 
of Management and Budget, or any Office or official thereof; or 
reassign any function assigned any agency under the Federal 
Property and Administrative Services Act of 1949, as amended; 
or under and other law; or any function vested by law in the 
Federal Communications Commission.
    Sec. 5. This Order shall be effective upon publication in 
the Federal Register.
     16. National Security Emergency Preparedness Responsibilities

   Partial text of Executive Order 12656, November 18, 1988, 54 F.R. 
 47491; as amended by Executive Order 13074, February 9, 1998, 63 F.R. 
   7277; Executive Order 13228, October 8, 2001, 66 F.R. 51816; and 
      Executive Order 13286, February 28, 2003, 68 F.R. 10626 \1\

Whereas our national security is dependent upon our ability to 
    assure continuity of government, at every level, in any 
    national security emergency situation that might confront 
    the Nation; and
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 5195 note (transferred from 50 U.S.C. app. 2251 
note). Sec. 42 of Executive Order 13286 (68 F.R. 10627) provided:
    ``Without prejudice to subsections (a) through (i) of this section, 
all responsibilities assigned to specific Federal officials pursuant to 
Executive Order 12656 that are substantially the same as any 
responsibility assigned to, or function transferred to, the Secretary 
of Homeland Security pursuant to the Homeland Security Act of 2002 
(regardless of whether such responsibility or function is expressly 
required to be carried out through another official of the Department 
of Homeland Security or not pursuant to such Act), or intended or 
required to be carried out by an agency or an agency component 
transferred to the Department of Homeland Security pursuant to such 
Act, are hereby reassigned to the Secretary of Homeland Security.''.
---------------------------------------------------------------------------
Whereas effective national preparedness planning to meet such 
    emergency, including a massive nuclear attack, is essential 
    to our national survival; and
Whereas effective national preparedness planning requires the 
    identification of functions that would have to be performed 
    during such an emergency, the assignment of responsibility 
    for developing plans for performing these functions, and 
    the assignment of responsibility for developing the 
    capability to implement those plans; and
Whereas the Congress has directed the development of such 
    national security emergency preparedness plans and has 
    provided funds for the accomplishment thereof;
Now, therefore, by virtue of the authority vested in me as 
    President by the Constitution and laws of the United States 
    of America, and pursuant to Reorganization Plan No. 1 of 
    1958 (72 Stat. 1799), the National Security Act of 1947, as 
    amended, the Defense Production Act of 1950, as amended, 
    and the Federal Civil Defense Act, it is hereby ordered 
    that the responsibilities of the Federal departments and 
    agencies in national security emergencies shall be as 
    follows:

                            Part 1--Preamble

    Sec. 101. National Security Emergency Preparedness Policy.
    (a) The policy of the United States is to have sufficient 
capabilities at all levels of government to meet essential 
defense and civilian needs during any national security 
emergency. A national security emergency is any occurrence, 
including natural disaster, military attack, technological 
emergency or other emergency, that seriously degrades or 
seriously threatens the national security of the United States. 
Policy for national security emergency preparedness shall be 
established by the President. Pursuant to the President's 
direction, the National Security Council shall be responsible 
for developing and administering such policy, except that the 
Homeland Security Council shall be responsible for 
administering such policy with respect to terrorist threats and 
attacks within the United States.\2\ All national security 
emergency preparedness activities shall be consistent with the 
Constitution and laws of the United States and with 
preservation of the constitutional government of the United 
States.
---------------------------------------------------------------------------
    \2\ Sec. 9(a) of Executive Order 13228 (66 F.R. 51816) inserted ``, 
except that the Homeland Security Council shall be responsible for 
administering such policy with respect to terrorist threats and attacks 
within the United States.''
---------------------------------------------------------------------------
    (b) Effective national security emergency preparedness 
planning requires: identification of functions that would have 
to be performed during such an emergency; development of plans 
for performing these functions; and development of the 
capability to execute those plans.
    Sec. 102. Purpose.
    (a) The purpose of this Order is to assign national 
security emergency preparedness responsibilities to Federal 
departments and agencies. These assignments are based, whenever 
possible, on extensions of the regular missions of the 
departments and agencies.
    (b) This Order does not constitute authority to implement 
the plans prepared pursuant to this Order. Plans so developed 
may be executed only in the event that authority for such 
execution is authorized by law.
    Sec. 103. Scope.
    (a) This Order addresses national security emergency 
preparedness functions and activities. As used in this Order, 
preparedness functions and activities include, as appropriate, 
policies, plans, procedures, and readiness measures that 
enhance the ability of the United States Government to mobilize 
for, respond to, and recover from a national security 
emergency.
    (b) This Order does not apply to those natural disasters, 
technological emergencies, or other emergencies, the 
alleviation of which is normally the responsibility of 
individuals, the private sector, volunteer organizations, State 
and local governments, and Federal departments and agencies 
unless such situations also constitute a national security 
emergency.
    (c) This Order does not require the provision of 
information concerning, or evaluation of, military policies, 
plans, programs, or states of military readiness.
    (d) This Order does not apply to national security 
emergency preparedness telecommunications functions and 
responsibilities that are otherwise assigned by Executive Order 
12427.
    Sec. 104. Management of National Security Emergency 
Preparedness.
    (a) The National Security Council is the principal forum 
for consideration of national security emergency preparedness 
policy, except that the Homeland Security Council is the 
principal forum for consideration of policy relating to 
terrorist threats and attacks within the United States.\3\
---------------------------------------------------------------------------
    \3\ Sec. 9(b) of Executive Order 13228 (66 F.R. 51816) inserted ``, 
except that the Homeland Security Council is the principal forum for 
consideration of policy relating to terrorist threats and attacks 
within the United States''.
---------------------------------------------------------------------------
    (b) The National Security Council and the Homeland Security 
Council \4\ shall arrange for Executive branch liaison with, 
and assistance to, the Congress and Federal judiciary on 
national security emergency preparedness matters.
---------------------------------------------------------------------------
    \4\ Sec. 9(c) of Executive Order 13228 (66 F.R. 51816) inserted 
``and the Homeland Security Council''.
---------------------------------------------------------------------------
    (c) The Secretary of Homeland Security \5\ shall serve as 
an advisor to the National Security Council and the Homeland 
Security Council \6\ on issues of national security emergency 
preparedness, including mobilization preparedness civil 
defense, continuity of government, technological disasters, and 
other issues, as appropriate. Pursuant to such procedures for 
the organization and management of the National Security 
Council and Homeland Security Council processes as the 
President may establish, the Secretary of Homeland Security \7\ 
also shall assist in the implementation of and management of 
those processes as the President may establish. The Secretary 
of Homeland Security \5\ also shall assist in the 
implementation of national security emergency preparedness 
policy by coordinating with the other Federal departments and 
agencies and with State and local governments, and by providing 
periodic reports to the National Security Council and the 
Homeland Security Council on implementation of national 
security emergency preparedness policy.\8\
---------------------------------------------------------------------------
    \5\ Sec. 42(a) of Executive Order 13286 (68 F.R. 10626) struck out 
``The Director of the Federal Emergency Management Agency'' and 
inserted in lieu thereof ``The Secretary of Homeland Security''.
    \6\ Sec. 9(d) of Executive Order 13228 (66 F.R. 51816) inserted 
``and the Homeland Security Council''.
    \7\ Sec. 42(b) of Executive Order 13286 (68 F.R. 10626) struck out 
``the Director of the Federal Emergency Management Agency'' and 
inserted in lieu thereof ``the Secretary of Homeland Security''.
    \8\ Sec. 9(e) of Executive Order 13228 (66 F.R. 51816) struck out 
``Pursuant to such procedures for the organization and management of 
the National Security Council process as the President may establish, 
the Director of the Federal Emergency Management Agency also shall 
assist in the implementation of and management of the National Security 
Council process as the President may establish, the Director of the 
Federal Emergency Management Agency also shall assist in the 
implementation of national security emergency preparedness policy by 
coordinating with the other Federal departments and agencies and with 
State and local governments, and by providing periodic reports to the 
National Security Council on implementation of national security 
emergency preparedness policy.'' and inserted in lieu thereof the 
previous two sentences.
---------------------------------------------------------------------------
    (d) National security emergency preparedness functions that 
are shared by more than one agency shall be coordinated by the 
head of the Federal department or agency having primary 
responsibility and shall be supported by the heads of other 
departments and agencies having related responsibilities.
    (e) There shall be a national security emergency exercise 
program that shall be supported by the heads of all appropriate 
Federal departments and agencies.
    (f) Plans and procedures will be designed and developed to 
provide maximum flexibility to the President for his 
implementation of emergency actions.
    Sec. 105. Interagency Coordination.
    (a) All appropriate Cabinet members and agency heads shall 
be consulted regarding national security emergency preparedness 
programs and policy issues. Each department and agency shall 
support interagency coordination to improve preparedness and 
response to a national security emergency and shall develop and 
maintain decentralized capabilities wherever feasible and 
appropriate.
    (b) Each Federal department and agency shall work within 
the framework established by, and cooperate with those 
organizations assigned responsibility in, Executive Order No. 
12472, to ensure adequate national security emergency 
preparedness telecommunications in support of the functions and 
activities addressed by this Order.

                       Part 2--General Provisions

    Sec. 201. General. The head of each Federal department and 
agency, as appropriate, shall:
          (1) Be prepared to respond adequately to all national 
        security emergencies, including those that are 
        international in scope, and those that may occur within 
        any region of the Nation;
          (2) Consider national security emergency preparedness 
        factors in the conduct of his or her regular functions, 
        particularly those functions essential in time of 
        emergency. Emergency plans and programs, and an 
        appropriate state of readiness, including 
        organizational infrastructure, shall be developed as an 
        integral part of the continuing activities of each 
        Federal department and agency;
          (3) Appoint a senior policy official as Emergency 
        Coordinator, responsible for developing and maintaining 
        a multi-year, national security emergency preparedness 
        plan for the department or agency to include 
        objectives, programs, and budgetary requirements;
          (4) Design preparedness measures to permit a rapid 
        and effective transition from routine to emergency 
        operations, and to make effective use of the period 
        following initial indication of a probable national 
        security emergency. This will include:
                  (a) Development of a system of emergency 
                actions that defines alternatives, processes, 
                and issues to be considered during various 
                stages of national security emergencies;
                  (b) Identification of actions that could be 
                take in the early stages of a national security 
                emergency or pending national security 
                emergency to mitigate the impact of or reduce 
                significantly the lead times associated with 
                full emergency action implementation;
          (5) Base national security emergency preparedness 
        measures on the use of existing authorities, 
        organizations, resources, and systems to the maximum 
        extent practicable;
          (6) Identify areas where additional legal authorities 
        may be needed to assist management and, consistent with 
        applicable Executive orders, take appropriate measures 
        toward acquiring those authorities;
          (7) Make policy recommendations to the National 
        Security Council and the Homeland Security Council \9\ 
        regarding national security emergency preparedness 
        activities and functions of the Federal Government;
---------------------------------------------------------------------------
    \9\ Sec. 9(f) of Executive Order 13228 (66 F.R. 51817) inserted 
``and the Homeland Security Council''.
---------------------------------------------------------------------------
          (8) Coordinate with State and local government 
        agencies and other organizations, including private 
        sector organizations, when appropriate. Federal plans 
        should include appropriate involvement of and reliance 
        upon private sector organizations in response to 
        national security emergencies;
          (9) Assist State, local, and private sector entities 
        in developing plans for mitigating the effects of 
        national security emergencies and for providing 
        services that are essential to a national response;
          (10) Cooperate, to the extent appropriate, in 
        compiling, evaluating, and exchanging relevant data 
        related to all aspects of national security emergency 
        preparedness;
          (11) Develop programs regarding congressional 
        relations and public information that could be used 
        during national security emergencies;
          (12) Ensure a capability to provide, during a 
        national security emergency, information concerning 
        Acts of Congress, presidential proclamations, Executive 
        orders, regulations, and notices of other actions to 
        the Archivist of the United States, for publication in 
        the Federal Register, or to each agency designated 
        maintain the Federal Register in an emergency;
          (13) Develop and conduct training and education 
        programs that incorporate emergency preparedness and 
        civil defense information necessary to ensure an 
        effective national response;
          (14) Ensure that plans consider the consequences for 
        essential services provided by State and local 
        governments, and by the private sector, if the flow of 
        Federal funds is disrupted;
          (15) Consult and coordinate with the Secretary of 
        Homeland Security \7\ to ensure that those activities 
        and plans are consistent with current Presidential 
        guidelines and policies.\10\
---------------------------------------------------------------------------
    \10\ Sec. 42(c) of Executive Order 13286 (68 F.R. 10626) struck out 
``consistent with current National Security Council guidelines and 
policies'' and inserted in lieu thereof ```consistent with current 
Presidential guidelines and policies''.
---------------------------------------------------------------------------
    Sec. 202. Continuity of Government. The head of each 
Federal department and agency shall ensure the continuity of 
essential functions in any national security emergency by 
providing for: succession to office and emergency delegation of 
authority in accordance with applicable law; safekeeping of 
essential resources, facilities, and records; and establishment 
of emergency operating capabilities.
    Sec. 203. Resource Management. The head of each Federal 
department and agency, as appropriate within assigned areas of 
responsibility, shall:
          (1) Develop plans and programs to mobilize personnel 
        (including reservist programs), equipment, facilities, 
        and other resources;
          (2) Assess essential emergency requirements and plan 
        for the possible use of alternative resources to meet 
        essential demands during and following national 
        security emergencies;
          (3) Prepare plans and procedures to share between and 
        among the responsible agencies resources such as 
        energy, equipment, food, land, materials, minerals, 
        services, supplies, transportation, water, and 
        workforce needed to carry out assigned responsibilities 
        and other essential functions, and cooperate with other 
        agencies in developing programs to ensure availability 
        of such resources in a national security emergency;
          (4) Develop plans to set priorities and allocate 
        resources among civilian and military claimants;
          (5) Identify occupations and skills for which there 
        may be a critical need in the event of a national 
        security emergency.
    Sec. 204. Protection of Essential Resources and Facilities. 
The head of each Federal department and agency, within assigned 
areas of responsibility, shall:
          (1) Identify facilities and resources, both 
        government and private, essential to the national 
        defense and national welfare, and assess their 
        vulnerabilities and develop strategies, plans, and 
        programs to provide for the security of such facilities 
        and resources, and to avoid or minimize disruptions of 
        essential services during any national security 
        emergency;
          (2) Participate in interagency activities to assess 
        the relative importance of various facilities and 
        resources to essential military and civilian needs and 
        to integrate preparedness and response strategies and 
        procedures;
          (3) Maintain a capability to assess promptly the 
        effect of attack and other disruptions during national 
        security emergencies.
    Sec. 205. Federal Benefit, Insurance, and Loan Programs. 
The head of each Federal department and agency that administers 
a loan, insurance, or benefit program that relies upon the 
Federal Government payment system shall coordinate with the 
Secretary of the Treasury in developing plans for continuation 
or restoration, to the extent feasible, of such programs in 
national security emergencies.
    Sec. 206. Research. The Director of the Office of Science 
and Technology Policy and the heads of Federal departments and 
agencies having significant research and development programs 
shall advise the National Security Council and the Homeland 
Security Council \11\ of scientific and technological 
developments that should be considered in national security 
emergency preparedness planning.
---------------------------------------------------------------------------
    \11\ Sec. 9(g) of Executive Order 13228 (66 F.R. 51817) inserted 
``and the Homeland Security Council''.
---------------------------------------------------------------------------
    Sec. 207. Redelegation. The head of each Federal department 
and agency is hereby authorized, to the extent otherwise 
permitted by law, to redelegate the functions assigned by this 
Order, and to authorize successive redelegations to 
organizations, officers, or employees within that department or 
agency.
    Sec. 208. Transfer of Functions. Recommendations for 
interagency transfer of any emergency preparedness function 
assigned under this Order or for assignment of any new 
emergency preparedness function shall be coordinated with all 
affected Federal departments and agencies before submission to 
the National Security Council and the Homeland Security 
Council.\12\
---------------------------------------------------------------------------
    \12\ Sec. 9(h) of Executive Order 13228 (66 F.R. 51817) inserted 
``and the Homeland Security Council''.
---------------------------------------------------------------------------
    Sec. 209. Retention of Existing Authority. Nothing in this 
Order shall be deemed to derogate from assignments of functions 
to any Federal department or agency or department thereof made 
by law.
          * * * * * * *

                     Part 4--Department of Commerce

    Sec. 401. Lead Responsibilities. In addition to the 
applicable responsibilities covered in Parts 1 and 2, the 
Secretary of Commerce shall:
          (1) Develop control systems for priorities, 
        allocation, production, and distribution of materials 
        and other resources that will be available to support 
        both national defense and essential civilian programs 
        in a national security emergency;
          (2) In cooperation with the Secretary of Defense and 
        other departments and agencies, identify those 
        industrial products and facilities that are essential 
        to mobilization readiness, national defense, or post-
        attack survival and recovery;
          (3) In cooperation with the Secretary of Defense and 
        other Federal departments and agencies, analyze 
        potential effects of national security emergencies on 
        actual production capability, taking into account the 
        entire production complex, including shortages of 
        resources, and develop preparedness measures to 
        strengthen capabilities for production increases in 
        national security emergencies;
          (4) In cooperation with the Secretary of Defense, 
        perform industry analyses to assess capabilities of the 
        commercial industrial base to support the national 
        defense, and develop policy alternatives to improve the 
        international competitiveness of specific domestic 
        industries and their abilities to meet defense program 
        needs;
          (5) In cooperation with the Secretary of the 
        Treasury, develop plans for providing emergency 
        assistance to the private sector through direct or 
        participation loans for the financing of production 
        facilities and equipment;
          (6) In cooperation with the Secretaries of State, 
        Defense, Transportation, and the Treasury, prepare 
        plans to regulate and control exports and imports in 
        national security emergencies;
          (7) Provide for the collection and reporting of 
        census information on human and economic resources, and 
        maintain a capability to conduct emergency surveys to 
        provide information on the status of these resources as 
        required for national security purposes;
          (8) Develop overall plans and programs to ensure that 
        the fishing industry continues to produce and process 
        essential protein in national security emergencies;
          (9) Develop plans to provide meteorological, 
        hydrologic, marine weather, geodetic, hydrographic, 
        climatic, seismic, and oceanographic data and services 
        to Federal, State, and local agencies, as appropriate;
          (10) In coordination with the Secretary of State and 
        the Secretary of Homeland Security,\7\ represent the 
        United States in industry-related international (NATO 
        and allied) civil emergency preparedness planning and 
        related activities.
    Sec. 402. Support Responsibilities. The Secretary of 
Commerce shall:
          (1) Assist the Secretary of Defense in formulating 
        and carrying out plans for stockpiling strategic and 
        critical materials;
          (2) Support the Secretary of Agriculture in planning 
        for the national security management, production, and 
        processing of forest and fishery products;
          (3) Assist, in consultation with the Secretaries of 
        State and Defense, the Secretary of the Treasury in the 
        formulation and execution of economic measures 
        affecting other nations.

                     Part 5--Department of Defense

    Sec. 501. Lead Responsibilities. In addition to the 
applicable responsibilities covered in Parts 1 and 2, the 
Secretary of Defense shall:
          (1) Ensure military preparedness and readiness to 
        respond to national security emergencies;
          (2) In coordination with the Secretary of Commerce, 
        develop, with industry, government, and the private 
        sector, reliable capabilities for the rapid increase of 
        defense production to include industrial resources 
        required for that production;
          (3) Develop and maintain, in cooperation with the 
        heads of other departments and agencies, national 
        security emergency plans, programs, and mechanisms to 
        ensure effective mutual support between and among the 
        military, civil government, and private sector;
          (4) Develop and maintain damage assessment 
        capabilities and assist the Secretary of Homeland 
        Security \7\ and the heads of other departments and 
        agencies in developing and maintaining capabilities to 
        assess attack damage and to estimate the effects of 
        potential attack on the Nation;
          (5) Arrange, through agreements with the heads of 
        other Federal departments and agencies, for the 
        transfer of certain Federal resources to the 
        jurisdiction and/or operational control of the 
        Department of Defense in national security emergencies;
          (6) Acting through the Secretary of the Army, 
        develop, with the concurrence of the heads of all 
        affected departments and agencies, overall plans for 
        the management, control, and allocation of all usable 
        waters from all sources within the jurisdiction of the 
        United States. This includes:
                  (a) Coordination of national security 
                emergency water resource planning at the 
                national, regional, State, and local levels;
                  (b) Development of plans to assure emergency 
                provision of water from public works projects 
                under the jurisdiction of the Secretary of the 
                Army to public water supply utilities and 
                critical defense production facilities during 
                national security emergencies;
                  (c) Development of plans to assure emergency 
                operation of waterways and harbors; and
                  (d) Development of plans to assure the 
                provision of potable water;
          (7) In consultation with the Secretaries of State and 
        Energy, the Secretary of Homeland Security,\7\ and 
        others, as required, develop plans and capabilities for 
        identifying, analyzing, mitigating, and responding to 
        hazards related to nuclear weapons, materials, and 
        devices; and maintain liaison, as appropriate, with the 
        Secretary of Energy and the Members of the Nuclear 
        Regulatory Commission to ensure the continuity of 
        nuclear weapons production and the appropriate 
        allocation of scarce resources, including the recapture 
        of special nuclear materials from Nuclear Regulatory 
        Commission licensees when appropriate;
          (8) Coordinate with the Administrator of the National 
        Aeronautics and Space Administration and the Secretary 
        of Energy, as appropriate, to prepare for the use, 
        maintenance, and development of technologically 
        advanced aerospace and aeronautical-related systems, 
        equipment, and methodologies applicable to national 
        security emergencies;
          (9) Develop, in coordination with the Secretaries 
        \13\ of Labor and Homeland Security,\13\ the Directors 
        of the Selective Service System, the Office of 
        Personnel Management, and the Federal Emergency 
        Management Agency, plans and systems to ensure that the 
        Nation's human resources are available to meet 
        essential military and civilian needs in national 
        security emergencies;
---------------------------------------------------------------------------
    \13\ Sec. 42 of Executive Order 13286 (68 F.R. 10626) struck out 
``Secretary'', inserted in lieu thereof ``Secretaries'', and inserted 
``and Homeland Security''.
---------------------------------------------------------------------------
          (10) Develop national security emergency operational 
        procedures, and coordinate with the Secretary of 
        Housing and Urban Development with respect to 
        residential property, for the control, acquisition, 
        leasing, assignment and priority of occupancy of real 
        property within the jurisdiction of the Department of 
        Defense;
          (11) Review the priorities and allocations systems 
        developed by other departments and agencies to ensure 
        that they meet Department of Defense needs in a 
        national security emergency; and develop and maintain 
        the Department of Defense programs necessary for 
        effective utilization of all priorities and allocations 
        systems;
          (12) Develop, in coordination with the Attorney 
        General of the United States, specific procedures by 
        which military assistance to civilian law enforcement 
        authorities may be requested, considered, and provided;
          (13) In cooperation with the Secretary of Commerce 
        and other departments and agencies, identify those 
        industrial products and facilities that are essential 
        to mobilization readiness, national defense, or post-
        attack survival and recovery;
          (14) In cooperation with the Secretary of Commerce 
        and other Federal departments and agencies, analyze 
        potential effects of national security emergencies on 
        actual production capability, taking into account the 
        entire production complex, including shortages of 
        resources, and develop preparedness measures to 
        strengthen capabilities for production increases in 
        national security emergencies;
          (15) With the assistance of the heads of other 
        Federal departments and agencies, provide management 
        direction for the stockpiling of strategic and critical 
        materials, conduct storage, maintenance, and quality 
        assurance operations for the stockpile of strategic and 
        critical materials, and formulate plans, programs, and 
        reports relating to the stockpiling of strategic and 
        critical materials.
          (16) \14\ Subject to the direction of the President, 
        and pursuant to procedures to be developed jointly by 
        the Secretary of Defense and the Secretary of State, be 
        responsible for the deployment and use of military 
        forces for the protection of United States citizens and 
        nationals and, in connection therewith, designated 
        other persons or categories of persons, in support of 
        their evacuation from threatened areas overseas.
---------------------------------------------------------------------------
    \14\ Executive Order 13074 (63 F.R. 7277) added para. (16).
---------------------------------------------------------------------------
    Sec. 502. Support Responsibilities. The Secretary of 
Defense shall:
          (1) Advise and assist the heads of other Federal 
        departments and agencies in the development of plans 
        and programs to support national mobilization. This 
        includes, providing, as appropriate:
                  (a) Military requirements, prioritized and 
                time-phased to the extent possible, for 
                selected end-items and supporting services, 
                materials and components;
                  (b) Recommendations for use of financial 
                incentives and other methods to improve defense 
                production as provided by law; and
                  (c) Recommendations for export and import 
                policies;
          (2) Advise and assist the Secretary of State and the 
        heads of other Federal departments and agencies; as 
        appropriate, in planning for the protection, 
        evacuation, and repatriation of United States citizens 
        in threatened areas overseas;
          (3) Support the Secretary of Housing and Urban 
        Development and the heads of other agencies, as 
        appropriate in the development of plans to restore 
        community facilities;
          (4) Support the Secretary of Energy in international 
        liaison activities pertaining to nuclear materials 
        facilities;
          (5) In consultation with the Secretaries of State and 
        Commerce, assist the Secretary of the Treasury in the 
        formulation and execution of economic measures that 
        affect other nations;
          (6) Support the Secretary of State and the heads of 
        other Federal departments and agencies as appropriate 
        in the formulation and implementation of foreign 
        policy, and the negotiation of contingency and post-
        emergency plans, intergovernmental agreements, and 
        arrangements with allies and friendly nations, which 
        affect national security;
          (7) Coordinate with the Secretary of Homeland 
        Security \7\ the development of plans for mutual civil-
        military support during national security emergencies;
          (8) Develop plans to support the Secretary of Labor 
        in providing education and training to overcome 
        shortages of critical skills.
          * * * * * * *

                      Part 13--Department of State

    Sec. 1301. Lead Responsibilities. In addition to the 
applicable responsibilities covered in Parts 1 and 2, the 
Secretary of State shall:
          (1) Provide overall foreign policy coordination in 
        the formulation and execution of continuity of 
        government and other national security emergency 
        preparedness activities that affect foreign relations;
          (2) Prepare to carry out Department of State 
        responsibilities in the conduct of the foreign 
        relations of the United States during national security 
        emergencies, under the direction of the President and 
        in consultation with the heads of other appropriate 
        Federal departments and agencies, including, but not 
        limited to:
                  (a) Formulation and implementation of foreign 
                policy and negotiation regarding contingency 
                and post-emergency plans, intergovernmental 
                agreements, and arrangements with United 
                States' allies;
                  (b) Formulation, negotiation, and execution 
                of policy affecting the relationships of the 
                United States with neutral states;
                  (c) Formulation and execution of political 
                strategy toward hostile or enemy states;
                  (d) Conduct of mutual assistance activities;
                  (e) Provision of foreign assistance, 
                including continuous supervision and general 
                direction of authorized economic and military 
                assistance programs;
                  (f) Protection or evacuation of United States 
                citizens and nationals abroad and safeguarding 
                their property abroad, in consultation with the 
                Secretaries of Defense and Health and Human 
                Services;
                  (g) Protection of international organizations 
                and foreign diplomatic, consular, and other 
                official personnel and property, and other 
                assets, in the United States, in coordination 
                with the Attorney General and the Secretary of 
                the Treasury;
                  (h) Formulation of policies and provisions 
                for assistance to displaced persons and 
                refugees abroad;
                  (i) Maintenance of diplomatic and consular 
                representation abroad; and
                  (j) Reporting of and advising on conditions 
                overseas that bear upon national security 
                emergencies.
    Sec. 1302. Support Responsibilities. The Secretary of State 
shall:
          (1) Assist appropriate agencies in developing 
        planning assumptions concerning accessibility of 
        foreign sources of supply;
          (2) Support the Secretary of the Treasury, in 
        consultation, as appropriate, with the Secretaries of 
        Commerce and Defense, in the formulation and execution 
        of economic measures with respect to other nations;
          (3) Support the Secretary of Energy in the 
        international liaison activities pertaining to nuclear 
        materials facilities;
          (4) Support the Secretary of Homeland Security \7\ in 
        the coordination and integration of United States 
        policy regarding the formulation and implementation of 
        civil emergency resources and preparedness planning;
          (5) Assist the Attorney General of the United States 
        in the formulation of national security emergency plans 
        for the control of persons entering or leaving the 
        United States.
          * * * * * * *

               Part 25--United States Information Agency

    Sec. 2501. Lead Responsibilities. In addition to the 
applicable responsibilities covered in Parts 1 and 2, the 
Director of the United States Information Agency shall:
          (1) Plan for the implementation of information 
        programs to promote an understanding abroad of the 
        status of national security emergencies within the 
        United States;
          (2) In coordination with the Secretary of State's 
        exercise of telecommunications functions affecting 
        United States diplomatic missions and consular offices 
        overseas, maintain the capability to provide television 
        and simultaneous direct radio broadcasting in major 
        languages to all areas of the world, and the capability 
        to provide wireless file to all United States embassies 
        during national security emergencies.
    Sec. 2502. Support Responsibility. The Director of the 
United States Information Agency shall assist the heads of 
other Federal departments and agencies in planning for the use 
of media resources and foreign public information programs 
during national security emergencies.
          * * * * * * *

                            Part 29--General

    Sec. 2901. Executive Order Nos. 10421 and 11490, as 
amended, are hereby revoked. This Order shall be effective 
immediately.
       17. U.S. Government Opposition to the Practice of Torture

 Public Law 98-447 [H.J. Res. 605], 98 Stat. 1721, approved October 4, 
                                  1984

  JOINT RESOLUTION Regarding the implementation of the policy of the 
 United States Government in opposition to the practice of torture by 
                        any foreign government.

Whereas international human rights organizations have 
    investigated and reported on the use of torture in many 
    countries throughout the world;
Whereas the Department of State in its annual country reports 
    on human rights practices has reported that torture is all 
    too frequent in many countries of the world;
Whereas torture knows no ideological boundaries and is 
    practiced in countries in every region of the world;
Whereas torture is absolutely prohibited by international legal 
    standards;
Whereas in those countries where torture is practiced 
    systematically, it is possible to identify laws, 
    institutions, and other forms of political organization 
    that contribute to the practice and allow its continuation;
Whereas legal, medical, religious, and other groups seeking to 
    combat torture emphasize that access to detainees, the 
    civil and criminal prosecution of torturers, and the 
    rehabilitation of victims of torture are critical steps in 
    reducing the practice and effects of torture;
Whereas the United States Government has supported the work of 
    the United Nations Commission on Human Rights in developing 
    the draft Convention Against Torture and Other Cruel, 
    Inhuman or Degrading Treatment or Punishment which is 
    intended to reduce the practice of torture and lead to its 
    eventual abolition, and the United States Government is 
    supportive of the United Nations Voluntary Fund for Victims 
    of Torture; and
Whereas the good will of the peoples of the world toward the 
    United States can be increased when the United States 
    distances itself from the practice of torture by 
    governments friendly to the United States: Now, therefore, 
    be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That \1\ the 
Congress reaffirms that it is the continuing policy of the 
United States Government to oppose the practice of torture by 
foreign governments through public and private diplomacy and, 
when necessary and appropriate, through the enactment and 
vigorous implementation of laws intended to reinforce United 
States policies with respect to torture. The United States 
Government opposes acts of torture wherever they occur, without 
regard to ideological or regional considerations, and will make 
every effort to work cooperatively with other governments and 
with nongovernmental organizations to combat the practice of 
torture worldwide.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
    Sec. 2.\1\ (a) The President is requested--
          (1) to instruct the Permanent Representative of the 
        United States to the United Nations to continue to 
        raise the issue of torture practiced by governments; 
        and
          (2) to continue to involve the United States 
        Government in the formulation of international 
        standards and effective implementing mechanisms, 
        particularly the draft Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment of 
        Punishment.
    (b) In order to implement the policy expressed in the first 
section of this resolution, the Secretary of State is requested 
to issue formal instructions to each United States chief of 
mission regarding United States policy with respect to torture, 
including--
          (1) instructions--
                  (A) to examine allegations of the practice of 
                torture, particularly allegations concerning 
                the existence of secret detention, extended 
                incommunicado detention, and restriction on 
                access by family members, lawyers, and 
                independent medical personnel to detainees; and
                  (B) to forward such information as may be 
                gathered, including information regarding any 
                efforts made by the host government to reduce 
                and eliminate the practice of torture, to the 
                Assistant Secretary of State for Human Rights 
                and Humanitarian Affairs for analysis in 
                preparing the Department's annual country 
                reports on human rights practices;
          (2) in the case of a chief of mission assigned to a 
        country where torture is regularly practiced, 
        instructions to report on a periodic basis as 
        circumstances require to the Assistant Secretary of 
        State for Human Rights and Humanitarian Affairs 
        regarding efforts made by the respective United States 
        diplomatic mission to implement United States policy 
        with respect to combating torture;
          (3) instructions to meet with indigenous human rights 
        monitoring groups knowledgeable about the practice of 
        torture for the purpose of gathering information about 
        such practice; and
          (4) instructions to express concern in individual 
        cases of torture brought to the attention of a United 
        States diplomatic mission including, whenever feasible, 
        sending United States observers to trials when there is 
        reason to believe that torture has been used against 
        the accused.
    (c) The Secretary of Commerce should continue to enforce 
vigorously the current restrictions on the export of crime 
control equipment pursuant to the Export Administration Act of 
1979.
    (d) The heads of the appropriate departments of the United 
States Government that furnish military and law enforcement 
training to foreign personnel, particularly personnel from 
countries where the practice of torture has been a documented 
concern, shall include in such training, when relevant, 
instruction regarding international human rights standards and 
the policy of the United States with respect to torture.
                18. Commission on the Ukraine Famine Act

    Partial text of Public Law 99-180 [The Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
  Act, 1986; H.R. 2965], 99 Stat. 1136 at 1157, approved December 13, 
   1985; as amended by Public Law 100-340 [S. 2304], 102 Stat. 622, 
                         approved June 17, 1988


          Note.--Sec. 136 of Public Law 98-473 (Continuing 
        Appropriations Act, 1985; 98 Stat. 1973) appropriated 
        $400,000 to carry out the provisions of S. 2456, a bill 
        to establish a commission to study the 1932-1933 
        Ukraine famine. S. 2456 passed the Senate on September 
        21, 1984 but was not enacted. Subsequently, Title V of 
        Public Law 99-180 (Departments of Commerce, Justice, 
        and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1986), modified the Commission as 
        established by S. 2456 and appropriated funds as set 
        forth below.



          * * * * * * *

                       TITLE V--RELATED AGENCIES

          * * * * * * *

                    Commission on the Ukraine Famine

    For necessary expenses of the Commission on the Ukraine 
Famine to carry out the provisions of S. 2456 (98th Congress) 
as passed the Senate on September 21, 1984, $400,000, to remain 
available until expended, and the Commission on the Ukraine 
Famine as contained in S. 2456, is hereby established, with 
modifications as follows:

                             establishment

    Section 1. There is established a commission to be known as 
the ``Commission on the Ukraine Famine'' (in this Act referred 
to as the ``Commission'').

                       purpose of the commission

    Sec. 2. The purpose of the Commission is to conduct a study 
of the 1932-1933 Ukraine famine in order to--
          (1) expand the world's knowledge of the famine; and
          (2) provide the American public with a better 
        understanding of the Soviet system by revealing the 
        Soviet role in the Ukraine famine.

                        duties of the commission

    Sec. 3. The duties of the Commission are to--
          (1) conduct a study of the 1932-1933 Ukraine famine 
        (in this Act referred to as the ``famine study''), in 
        accordance with section 6 of this Act, in which the 
        Commission shall--
                  (A) gather all available information about 
                the 1932-1933 famine in Ukraine;
                  (B) analyze the causes of such famine and the 
                effects it has had on the Ukrainian nation and 
                other countries; and
                  (C) study and analyze the reaction by the 
                free countries of the world to such famine; and
          (2) submit to Congress for publication a final report 
        on the results of the famine study no later than June 
        22, 1990 \1\ of this Act.
---------------------------------------------------------------------------
    \1\ Sec. (1) of Public Law 100-340 (102 Stat. 622) struck out ``two 
years after the organizational meeting of the Commission held under 
section 6(a)'' and inserted in lieu thereof ``June 22, 1990''. The 
words ``of this Act'' which follow this point should probably have been 
struck out as well.
---------------------------------------------------------------------------

                               membership

    Sec. 4. (a) The Commission shall be composed of fifteen 
members, who shall be appointed within thirty days after the 
date of enactment of this Act, as follows:
          (1) Four members shall be Members of the House of 
        Representatives and shall be appointed by the Speaker 
        of the House of Representatives. Two such members shall 
        be selected from the majority party of the House of 
        Representatives and two such members shall be selected, 
        after consultation with the minority leader of the 
        House, from the minority party of the House of 
        Representatives. The Speaker also shall designate one 
        of the House Members as Chairman of the Commission.
          (2) Two members shall be Members of the Senate and 
        shall be appointed by the President pro tempore of the 
        Senate. One such member shall be selected from the 
        majority party of the Senate and one such member shall 
        be selected, after consultation with the minority 
        leader of the Senate, from the minority party of the 
        Senate.
          (3) One member shall be from among officers and 
        employees of each of the Departments of State, 
        Education, and Health and Human Services and shall be 
        appointed by the President, after consultation with the 
        Secretaries of the respective departments.
          (4) Six members shall be from the Ukrainian-American 
        community at large and Ukrainian-American chartered 
        human rights groups and shall be appointed by the 
        Chairman of the Commission in consultation with 
        congressional members of the Commission, the Ukrainian-
        American community at large, and executive boards of 
        Ukrainian-American chartered human rights groups.
    (b) The term of office of each member shall be for the life 
of the Commission. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was made.\2\
---------------------------------------------------------------------------
    \2\ Sec. (2) of Public Law 100-340 (102 Stat. 622) added this 
sentence.
---------------------------------------------------------------------------
    (c) Each member of the Commission who is not otherwise 
employed by the United States Government shall be paid from the 
sum appropriated to carry out this Act, the daily equivalent of 
the rate of basic pay payable for GS-18 of the General Schedule 
for each day, including travel time, during which he or she is 
attending meetings or hearings of the Commission or otherwise 
performing Commission related duties as requested by the 
Chairman of the Commission. A member of the Commission who is 
an officer or employee of the United States Government or a 
Member of Congress shall serve without additional compensation. 
Each member of the Commission shall be reimbursed for travel 
expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code, for 
persons in Government service employed intermittently.

                       administrative provisions

    Sec. 5. (a) Not later than thirty days after all members 
have been appointed to the Commission, the Commission shall 
hold an organizational meeting to establish the rules and 
procedures under which it will carry out its responsibilities.
    (b) The Commission shall hire experts and consultants in 
accordance with section 3109 of title 5, United States Code, 
from the academic community to assist in carrying out the 
famine study. Such experts and consultants shall be chosen by a 
majority vote of the Commission members on the basis of their 
academic background and their experience relevant to research 
on the Ukraine famine. No person shall be otherwise employed by 
the Federal Government while serving as an expert or consultant 
to the Commission.
    (c) The Commission shall have a staff director, who shall 
be appointed by the Chairman.

                        powers of the commission

    Sec. 6. (a) The Commission or any member it authorizes may, 
for the purpose of carrying out this Act, hold such hearings, 
sit and act at such times and places, request such attendance, 
take such testimony, and receive such evidence as the 
Commission considers appropriate. The Commission or any such 
member may administer oaths or affirmations to witnesses 
appearing before it.
    (b)(1) The Commission may issue subpenas requiring the 
attendance and testimony of witnesses and the production of any 
evidence that relates to any matter under investigation by the 
Commission. Such attendance of witnesses and the production of 
such evidence may be required from any place within the United 
States at any designated place of hearing within the United 
States.
    (2) The subpenas of the Commission may be issued by the 
Chairman of the Commission or any member designated by him and 
may be served by any person designated by the Chairman or such 
member. The subpenas of the Commission shall be served in the 
same manner provided for subpenas issued by a United States 
district court under the Federal Rules of Civil Procedure for 
the United States district courts.
    (3) If a person issued a subpena under paragraph (1) 
refuses to obey such subpena, any court of the United States 
within the judicial district within which the hearing is 
conducted or within the judicial district within which such 
person is found or resides or transacts business may (upon 
application by the Commission) order such person to appear 
before the Commission to produce evidence or to give testimony 
relating to the matter under investigation. Any failure to obey 
such order of the court may be punished as a contempt of the 
court.
    (4) All process of any court to which application may be 
made under this section may be served in the judicial district 
in which the person required to be served resides or may be 
found.
    (c) The Commission may obtain from any department or agency 
of the United States information that it considers useful in 
the discharge of its duties. Upon request of the Chairman, the 
head of such department or agency shall furnish such 
information to the Commission to the extent permitted by law.
    (d) The Commission may appoint and fix the pay of such 
personnel as it considers appropriate. Such personnel may be 
appointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and may be paid without regard to the provisions of chapter 51 
and subchapter 53 of such title, relating to classification and 
General Schedule pay rates. No individual so appointed may 
receive pay in excess of the maximum annual rate of pay payable 
for GS-18 of the General Schedule under section 5332 of title 
5, United States Code.
    (e) The Commission may solicit, accept, use, and dispose of 
donations of money, property, or services.
    (f) The Commission may use the United States mails in the 
same manner and under the same conditions as other departments 
and agencies of the United States.
    (g) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative 
support services as the Commission may request.
    (h) The Commission may procure by contract any supplies, 
services, and property, including the conduct of research and 
the preparation of reports by Government agencies and private 
firms, necessary to discharge the duties of the Commission, in 
accordance with applicable laws and regulations and to the 
extent or in such amounts as are provided in appropriation 
Acts.

                              termination

    Sec. 7. The Commission shall terminate sixty days after the 
report of the Commission is submitted to Congress under section 
4(4) of this Act.

                    authorization of appropriations

    Sec. 8. There is authorized to be appropriated the sum of 
$400,000, to remain available until expended, to carry out this 
Act.
                19. Nazi War Crimes and Holocaust Assets

                   a. Nazi War Crimes Disclosure Act

Public Law 105-246 [S. 1379], 112 Stat. 1859, approved October 8, 1998; 
    as amended by Public Law 106-567 [Japanese Imperial Government 
Disclosure Act of 2000; H.R. 5630], 114 Stat. 2831), approved December 
                                27, 2000

  AN ACT To amend section 552 of title 5, United States Code, and the 
 National Security Act of 1947 to require disclosure under the Freedom 
    of Information Act regarding certain persons, disclose Nazi war 
  criminal records without impairing any investigation or prosecution 
conducted by the Department of Justice or certain intelligence matters, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Nazi War Crimes Disclosure 
Act''.
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 522 note.
---------------------------------------------------------------------------

SEC. 2.\1\ ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY 
                    WORKING GROUP.

    (a) Definitions.--In this section the term--
          (1) ``agency'' has the meaning given such term under 
        section 551 of title 5, United States Code;
          (2) ``Interagency Group'' means the Nazi War Criminal 
        Records Interagency Working Group established under 
        subsection (b);
          (3) ``Nazi war criminal records'' has the meaning 
        given such term under section 3 of this Act; and
          (4) ``record'' means a Nazi war criminal record.
    (b) Establishment of Interagency Group.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of this Act, the President shall 
        establish the Nazi War Criminal Records Interagency 
        Working Group, which shall remain in existence for 3 
        years after the date the Interagency Group is 
        established.
          (2) Membership.--The President shall appoint to the 
        Interagency Group individuals whom the President 
        determines will most completely and effectively carry 
        out the functions of the Interagency Group within the 
        time limitations provided in this section, including 
        the Director of the Holocaust Museum, the Historian of 
        the Department of State, the Archivist of the United 
        States, the head of any other agency the President 
        considers appropriate, and no more than 4 other persons 
        who shall be members of the public, of whom 3 shall be 
        persons appointed under the provisions of this Act in 
        effect on October 8, 1998.\2\ The head of an agency 
        appointed by the President may designate an appropriate 
        officer to serve on the Interagency Group in lieu of 
        the head of such agency.
---------------------------------------------------------------------------
    \2\ Sec. 802(b)(2) of the Japanese Imperial Government Disclosure 
Act of 2000 (title VIII of Public Law 106-567; 114 Stat. 2865) struck 
out ``3 other persons'' and inserted in lieu thereof ``4 other persons 
who shall be members of the public, of whom 3 shall be persons 
appointed under the provisions of this Act in effect on October 8, 
1998.''.
    Sec. 802(b)(1) of Public Law 106-567 further provided that ``Not 
later than 60 days after the date of the enactment of this Act, the 
President shall designate the Working Group established under the Nazi 
War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) to 
also carry out the purposes of this title with respect to Japanese 
Imperial Government records, and that Working Group shall remain in 
existence for 3 years after the date on which this title takes effect. 
Such Working Group is redesignated as the `Nazi War Crimes and Japanese 
Imperial Government Records Interagency Working Group'.''.
---------------------------------------------------------------------------
          (3) Initial meeting.--Not later than 90 days after 
        the date of enactment of this Act, the Interagency 
        Group shall hold an initial meeting and begin the 
        functions required under this section.
    (c) Functions.--Not later than 1 year after the date of 
enactment of this Act, the Interagency Group shall, to the 
greatest extent possible consistent with section 3 of this 
Act--
          (1) locate, identify, inventory, recommend for 
        declassification, and make available to the public at 
        the National Archives and Records Administration, all 
        classified Nazi war criminal records of the United 
        States;
          (2) coordinate with agencies and take such actions as 
        necessary to expedite the release of such records to 
        the public; and
          (3) submit a report to Congress, including the 
        Committee on the Judiciary of the Senate and the 
        Committee on Government Reform and Oversight of the 
        House of Representatives, describing all such records, 
        the disposition of such records, and the activities of 
        the Interagency Group and agencies under this section.
    (d) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
Act.

SEC. 3.\1\ REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS WHO 
                    COMMITTED NAZI WAR CRIMES.

    (a) Nazi War Criminal Records.--For purposes of this Act, 
the term ``Nazi war criminal records'' means classified records 
or portions of records that--
          (1) pertain to any person with respect to whom the 
        United States Government, in its sole discretion, has 
        grounds to believe ordered, incited, assisted, or 
        otherwise participated in the persecution of any person 
        because of race, religion, national origin, or 
        political opinion, during the period beginning on March 
        23, 1933, and ending on May 8, 1945, under the 
        direction of, or in association with--
                  (A) the Nazi government of Germany;
                  (B) any government in any area occupied by 
                the military forces of the Nazi government of 
                Germany;
                  (C) any government established with the 
                assistance or cooperation of the Nazi 
                government of Germany; or
                  (D) any government which was an ally of the 
                Nazi government of Germany; or
          (2) pertain to any transaction as to which the United 
        States Government, in its sole discretion, has grounds 
        to believe--
                  (A) involved assets taken from persecuted 
                persons during the period beginning on March 
                23, 1933, and ending on May 8, 1945, by, under 
                the direction of, on behalf of, or under 
                authority granted by the Nazi government of 
                Germany or any nation then allied with that 
                government; and
                  (B) such transaction was completed without 
                the assent of the owners of those assets or 
                their heirs or assigns or other legitimate 
                representatives.
    (b) Release of Records.--
          (1) In general.--Subject to paragraphs (2), (3), and 
        (4), the Nazi War Criminal Records Interagency Working 
        Group shall release in their entirety Nazi war criminal 
        records that are described in subsection (a).
          (2) Exception for privacy, etc.--An agency head may 
        exempt from release under paragraph (1) specific 
        information, that would--
                  (A) constitute a clearly unwarranted invasion 
                of personal privacy;
                  (B) reveal the identity of a confidential 
                human source, or reveal information about the 
                application of an intelligence source or 
                method, or reveal the identity of a human 
                intelligence source when the unauthorized 
                disclosure of that source would clearly and 
                demonstrably damage the national security 
                interests of the United States;
                  (C) reveal information that would assist in 
                the development or use of weapons of mass 
                destruction;
                  (D) reveal information that would impair 
                United States cryptologic systems or 
                activities;
                  (E) reveal information that would impair the 
                application of state-of-the-art technology 
                within a United States weapon system;
                  (F) reveal actual United States military war 
                plans that remain in effect;
                  (G) reveal information that would seriously 
                and demonstrably impair relations between the 
                United States and a foreign government, or 
                seriously and demonstrably undermine ongoing 
                diplomatic activities of the United States;
                  (H) reveal information that would clearly and 
                demonstrably impair the current ability of 
                United States Government officials to protect 
                the President, Vice President, and other 
                officials for whom protection services, in the 
                interest of national security, are authorized;
                  (I) reveal information that would seriously 
                and demonstrably impair current national 
                security emergency preparedness plans; or
                  (J) violate a treaty or international 
                agreement.
          (3) Application of exemptions.--
                  (A) In general.--In applying the exemptions 
                listed in subparagraphs (B) through (J) of 
                paragraph (2), there shall be a presumption 
                that the public interest in the release of Nazi 
                war criminal records will be served by 
                disclosure and release of the records. 
                Assertion of such exemption may only be made 
                when the agency head determines that disclosure 
                and release would be harmful to a specific 
                interest identified in the exemption. An agency 
                head who makes such a determination shall 
                promptly report it to the committees of 
                Congress with appropriate jurisdiction, 
                including the Committee on the Judiciary of the 
                Senate and the Committee on Government Reform 
                and Oversight of the House of Representatives. 
                The exemptions set forth in paragraph (2) shall 
                constitute the only authority pursuant to which 
                an agency head may exempt records otherwise 
                subject to release under paragraph (1).
                  (B) Application of title 5.--A determination 
                by an agency head to apply an exemption listed 
                in subparagraphs (B) through (I) of paragraph 
                (2) shall be subject to the same standard of 
                review that applies in the case of records 
                withheld under section 552(b)(1) of title 5, 
                United States Code.
          (4) Limitation on application.--This subsection shall 
        not apply to records--
                  (A) related to or supporting any active or 
                inactive investigation, inquiry, or prosecution 
                by the Office of Special Investigations of the 
                Department of Justice; or
                  (B) solely in the possession, custody, or 
                control of that office.
    (c) Inapplicability of National Security Act of 1947 
Exemption.--Section 701(a) of the National Security Act of 1947 
(50 U.S.C. 431) shall not apply to any operational file, or any 
portion of any operational file, that constitutes a Nazi war 
criminal record under section 3 of this Act.

SEC. 4.\1\ EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL 
                    RECORDS.

    (a) Expedited Processing.--For purposes of expedited 
processing under section 552(a)(6)(E) of title 5, United States 
Code, any requester of a Nazi war criminal record shall be 
deemed to have a compelling need for such record.
    (b) Requester.--For purposes of this section, the term 
``requester'' means any person who was persecuted in the manner 
described under section 3(a)(1) of this Act who requests a Nazi 
war criminal record.

SEC. 5.\1\ EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take 
effect on the date that is 90 days after the date of enactment 
of this Act.
    b. Making Public Nazi War Crimes Records--Sense of the Congress

 Public Law 104-309 [H.R. 1281], 110 Stat. 3815, approved October 19, 
                                  1996

    AN ACT To express the sense of the Congress that United States 
Government agencies in possession of records about individuals who are 
  alleged to have committed Nazi war crimes should make these records 
                                public.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
          (1) during the 104th Congress, Americans commemorated 
        the 50th anniversary of the conclusion of the Second 
        World War and the end of the Holocaust, one of the 
        worst tragedies in history;
          (2) it is important to learn all that we can about 
        this terrible era so that we can prevent such a 
        catastrophe from ever happening again;
          (3) the cold war is over;
          (4) numerous nations, including those of the former 
        Soviet Union, are making public their files on Nazi war 
        criminals as well as crimes committed by agencies of 
        their own governments;
          (5) on April 17, 1995, President Clinton signed 
        Executive Order 12958, which will make available 
        certain previously classified national security 
        documents that are at least 25 years old;
          (6) that Executive Order stated: ``Our democratic 
        principles require that the American people be informed 
        of the activities of their Government.'';
          (7) this year marks the 30th anniversary of the 
        passage of the Freedom of Information Act;
          (8) agencies of the United States Government possess 
        information on individuals who ordered, incited, 
        assisted, or otherwise participated in Nazi war crimes;
          (9) some agencies have routinely denied Freedom of 
        Information Act requests for information about 
        individuals who committed Nazi war crimes;
          (10) United States Government agencies may have been 
        in possession of material about the war crimes 
        facilitated by Kurt Waldheim but did not make this 
        information public;
          (11) it is legitimate not to disclose certain 
        material in Government files if the disclosure would 
        seriously and demonstrably harm current or future 
        national defense, intelligence, or foreign relations 
        activities of the United States and if protection of 
        these matters from disclosure outweighs the public 
        interest of disclosure;
          (12) the disclosure of most Nazi war crimes 
        information should not harm United States national 
        interests; and
          (13) the Office of Special Investigations of the 
        Department of Justice is engaged in vital work 
        investigating and expelling Nazi war criminals from the 
        United States, accordingly, the records created by 
        these investigations and other actions should not be 
        disclosed, and the investigations and other actions 
        should not be interfered with.

SEC. 2. SENSE OF THE CONGRESS.

    It is the sense of the Congress that United States 
Government agencies in possession of records about individuals 
who are alleged to have committed Nazi war crimes should make 
these records public.
            c. U.S. Holocaust Assets Commission Act of 1998

Public Law 105-186 [S. 1900], 112 Stat. 611, approved June 23, 1998; as 
    amended by Public Law 106-155 [U.S. Holocaust Assets Commission 
Extension Act of 1999; H.R. 2401], 113 Stat. 1740, approved December 9, 
                                  1999

 AN ACT To establish a commission to examine issues pertaining to the 
   disposition of Holocaust-era assets in the United States before, 
  during, and after World War II, and to make recommendations to the 
          President on further action, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``U.S. Holocaust Assets 
Commission Act of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1621 note.
---------------------------------------------------------------------------

SEC. 2.\1\  ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a Presidential 
Commission, to be known as the ``Presidential Advisory 
Commission on Holocaust Assets in the United States'' 
(hereafter in this Act referred to as the ``Commission'').
    (b) Membership.--
          (1) Number.--The Commission shall be composed of 21 
        members, appointed in accordance with paragraph (2).
          (2) Appointments.--Of the 21 members of the 
        Commission--
                  (A) eight shall be private citizens, 
                appointed by the President;
                  (B) four shall be representatives of the 
                Department of State, the Department of Justice, 
                the Department of the Army, and the Department 
                of the Treasury (one representative of each 
                such Department), appointed by the President;
                  (C) two shall be Members of the House of 
                Representatives, appointed by the Speaker of 
                the House of Representatives;
                  (D) two shall be Members of the House of 
                Representatives, appointed by the minority 
                leader of the House of Representatives;
                  (E) two shall be Members of the Senate, 
                appointed by the majority leader of the Senate;
                  (F) two shall be Members of the Senate, 
                appointed by the minority leader of the Senate; 
                and
                  (G) one shall be the Chairperson of the 
                United States Holocaust Memorial Council.
          (3) Criteria for membership.--Each private citizen 
        appointed to the Commission shall be an individual who 
        has a record of demonstrated leadership on issues 
        relating to the Holocaust or in the fields of commerce, 
        culture, or education that would assist the Commission 
        in analyzing the disposition of the assets of Holocaust 
        victims.
          (4) Advisory panels.--The Chairperson of the 
        Commission may, in the discretion of the Chairperson, 
        establish advisory panels to the Commission, including 
        State or local officials, representatives of 
        organizations having an interest in the work of the 
        Commission, or others having expertise that is relevant 
        to the purposes of the Commission.
          (5) Date.--The appointments of the members of the 
        Commission shall be made not later than 90 days after 
        the date of enactment of this Act.
    (c) Chairperson.--The Chairperson of the Commission shall 
be selected by the President from among the members of the 
Commission appointed under subparagraph (A) or (B) of 
subsection (b)(2).
    (d) Period of Appointment.--Members of the Commission shall 
be appointed for the life of the Commission.
    (e) Vacancies.--Any vacancy in the membership of the 
Commission shall not affect its powers, but shall be filled in 
the same manner as the original appointment.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson at any time after the date of appointment of the 
Chairperson.
    (g) Quorum.--11 members of the Commission shall constitute 
a quorum, but a lesser number of members may hold meetings.

SEC. 3.\1\ DUTIES OF THE COMMISSION.

    (a) Original Research.--
          (1) In general.--Except as otherwise provided in 
        paragraph (3), the Commission shall conduct a thorough 
        study and develop a historical record of the collection 
        and disposition of the assets described in paragraph 
        (2), if such assets came into the possession or control 
        of the Federal Government, including the Board of 
        Governors of the Federal Reserve System and any Federal 
        reserve bank, at any time after January 30, 1933--
                  (A) after having been obtained from victims 
                of the Holocaust by, on behalf of, or under 
                authority of a government referred to in 
                subsection (c);
                  (B) because such assets were left unclaimed 
                as the result of actions taken by, on behalf 
                of, or under authority of a government referred 
                to in subsection (c); or
                  (C) in the case of assets consisting of gold 
                bullion, monetary gold, or similar assets, 
                after such assets had been obtained by the Nazi 
                government of Germany from governmental 
                institutions in any area occupied by the 
                military forces of the Nazi government of 
                Germany.
          (2) Types of assets.--Assets described in this 
        paragraph include--
                  (A) gold, including gold bullion, monetary 
                gold, or similar assets in the possession of or 
                under the control of the Board of Governors of 
                the Federal Reserve System or any Federal 
                reserve bank;
                  (B) gems, jewelry, and nongold precious 
                metals;
                  (C) accounts in banks in the United States;
                  (D) domestic financial instruments purchased 
                before May 8, 1945, by individual victims of 
                the Holocaust, whether recorded in the name of 
                the victim or in the name of a nominee;
                  (E) insurance policies and proceeds thereof;
                  (F) real estate situated in the United 
                States;
                  (G) works of art; and
                  (H) books, manuscripts, and religious 
                objects.
          (3) Coordination of activities.--In carrying out its 
        duties under paragraph (1), the Commission shall, to 
        the maximum extent practicable, coordinate its 
        activities with, and not duplicate similar activities 
        already being undertaken by, private individuals, 
        private entities, or government entities, whether 
        domestic or foreign.
          (4) Insurance policies.--
                  (A) In general.--In carrying out its duties 
                under this Act, the Commission shall take note 
                of the work of the National Association of 
                Insurance Commissioners with regard to 
                Holocaust-era insurance issues and shall 
                encourage the National Association of Insurance 
                Commissioners to prepare a report on the 
                Holocaust-related claims practices of all 
                insurance companies, both domestic and foreign, 
                doing business in the United States at any time 
                after January 30, 1933, that issued any 
                individual life, health, or property-casualty 
                insurance policy to any individual on any list 
                of Holocaust victims, including the following 
                lists:
                          (i) The list maintained by the United 
                        States Holocaust Memorial Museum in 
                        Washington, D.C., of Jewish Holocaust 
                        survivors.
                          (ii) The list maintained by the Yad 
                        Vashem Holocaust Memorial Authority in 
                        its Hall of Names of individuals who 
                        died in the Holocaust.
                  (B) Information to be included.--The report 
                on insurance companies prepared pursuant to 
                subparagraph (A) should include the following, 
                to the degree the information is available:
                          (i) The number of policies issued by 
                        each company to individuals described 
                        in such subparagraph.
                          (ii) The value of each policy at the 
                        time of issue.
                          (iii) The total number of policies, 
                        and the dollar amount, that have been 
                        paid out.
                          (iv) The total present-day value of 
                        assets in the United States of each 
                        company.
                  (C) Coordination.--The Commission shall 
                coordinate its work on insurance issues with 
                that of the international Washington Conference 
                on Holocaust-Era Assets, to be convened by the 
                Department of State and the United States 
                Holocaust Memorial Council.
    (b) Comprehensive Review of Other Research.--Upon receiving 
permission from any relevant individuals or entities, the 
Commission shall review comprehensively any research by private 
individuals, private entities, and non-Federal government 
entities, whether domestic or foreign, into the collection and 
disposition of the assets described in subsection (a)(2), to 
the extent that such research focuses on assets that came into 
the possession or control of private individuals, private 
entities, or non-Federal government entities within the United 
States at any time after January 30, 1933, either--
          (1) after having been obtained from victims of the 
        Holocaust by, on behalf of, or under authority of a 
        government referred to in subsection (c); or
          (2) because such assets were left unclaimed as the 
        result of actions taken by, on behalf of, or under 
        authority of a government referred to in subsection 
        (c).
    (c) Governments Included.--A government referred to in this 
subsection includes, as in existence during the period 
beginning on March 23, 1933, and ending on May 8, 1945--
          (1) the Nazi government of Germany;
          (2) any government in any area occupied by the 
        military forces of the Nazi government of Germany;
          (3) any government established with the assistance or 
        cooperation of the Nazi government of Germany; and
          (4) any government which was an ally of the Nazi 
        government of Germany.
    (d) Reports.--
          (1) Submission to the president.--Not later than 
        December 31, 2000,\2\ the Commission shall submit a 
        final report to the President that shall contain any 
        recommendations for such legislative, administrative, 
        or other action as it deems necessary or appropriate. 
        The Commission may submit interim reports to the 
        President as it deems appropriate.
---------------------------------------------------------------------------
    \2\ Sec. 2(a) of the U.S. Holocaust Assets Commission Extension Act 
of 1999 (Public Law 106-155; 113 Stat. 1740) struck out ``December 31, 
1999'' and inserted in lieu thereof ``December 31, 2000''.
---------------------------------------------------------------------------
          (2) Submission to the congress.--After receipt of the 
        final report under paragraph (1), the President shall 
        submit to the Congress any recommendations for 
        legislative, administrative, or other action that the 
        President considers necessary or appropriate.

SEC. 4.\1\ POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and 
receive such evidence as the Commission considers advisable to 
carry out this Act.
    (b) Information From Federal Agencies.--The Commission may 
secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
this Act. Upon request of the Chairperson of the Commission, 
the head of any such department or agency shall furnish such 
information to the Commission as expeditiously as possible.
    (c) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
    (e) Administrative Services.--For the purposes of obtaining 
administrative services necessary to carry out the purposes of 
this Act, including the leasing of real property for use by the 
Commission as an office, the Commission shall have the power 
to--
          (1) enter into contracts and modify, or consent to 
        the modification of, any contract or agreement to which 
        the Commission is a party; and
          (2) acquire, hold, lease, maintain, or dispose of 
        real and personal property.

SEC. 5.\1\ COMMISSION PERSONNEL MATTERS.

    (a) Compensation.--No member of the Commission who is a 
private citizen shall be compensated for service on the 
Commission. All members of the Commission who are officers or 
employees of the United States shall serve without compensation 
in addition to that received for their services as officers or 
employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Commission.
    (c) Executive Director, Deputy Executive Director, General 
Counsel, and Other Staff.--
          (1) In general.--Not later than 90 days after the 
        selection of the Chairperson of the Commission under 
        section 2, the Chairperson shall, without regard to the 
        civil service laws and regulations, appoint an 
        executive director, a deputy executive director, and a 
        general counsel of the Commission, and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties under this Act.
          (2) Qualifications.--The executive director, deputy 
        executive director, and general counsel of the 
        Commission shall be appointed without regard to 
        political affiliation, and shall possess all necessary 
        security clearances for such positions.
          (3) Duties of executive director.--The executive 
        director of the Commission shall--
                  (A) serve as principal liaison between the 
                Commission and other Government entities;
                  (B) be responsible for the administration and 
                coordination of the review of records by the 
                Commission; and
                  (C) be responsible for coordinating all 
                official activities of the Commission.
          (4) Compensation.--The Chairperson of the Commission 
        may fix the compensation of the executive director, 
        deputy executive director, general counsel, and other 
        personnel employed by the Commission, without regard to 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay 
        rates, except that--
                  (A) the rate of pay for the executive 
                director of the Commission may not exceed the 
                rate payable for level III of the Executive 
                Schedule under section 5314 of title 5, United 
                States Code; and
                  (B) the rate of pay for the deputy executive 
                director, the general counsel of the 
                Commission, and other Commission personnel may 
                not exceed the rate payable for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code.
          (5) Employee benefits.--
                  (A) In general.--An employee of the 
                Commission shall be an employee for purposes of 
                chapters 83, 84, 85, 87, and 89 of title 5, 
                United States Code, and service as an employee 
                of the Commission shall be service for purposes 
                of such chapters.
                  (B) Nonapplication to members.--This 
                paragraph shall not apply to a member of the 
                Commission.
          (6) Office of personnel management.--The Office of 
        Personnel Management--
                  (A) may promulgate regulations to apply the 
                provisions referred to under subsection (a) to 
                employees of the Commission; and
                  (B) shall provide support services, on a 
                reimbursable basis, relating to--
                          (i) the initial employment of 
                        employees of the Commission; and
                          (ii) other personnel needs of the 
                        Commission.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without 
reimbursement to the agency of that employee, and such detail 
shall be without interruption or loss of civil service status 
or privilege.
    (e) Procurement of Temporary and Intermittent Services.--
The Chairperson of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the 
daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of such 
title.
    (f) Staff Qualifications.--Any person appointed to the 
staff of or employed by the Commission shall be an individual 
of integrity and impartiality.
    (g) Conditional Employment.--
          (1) In general.--The Commission may offer employment 
        on a conditional basis to a prospective employee 
        pending the completion of any necessary security 
        clearance background investigation. During the pendency 
        of any such investigation, the Commission shall ensure 
        that such conditional employee is not given and does 
        not have access to or responsibility involving 
        classified or otherwise restricted material.
          (2) Termination.--If a person hired on a conditional 
        basis as described in paragraph (1) is denied or 
        otherwise does not qualify for all security clearances 
        necessary for the fulfillment of the responsibilities 
        of that person as an employee of the Commission, the 
        Commission shall immediately terminate the employment 
        of that person with the Commission.
    (h) Expedited Security Clearance Procedures.--A candidate 
for executive director or deputy executive director of the 
Commission and any potential employee of the Commission shall, 
to the maximum extent possible, be investigated or otherwise 
evaluated for and granted, if applicable, any necessary 
security clearances on an expedited basis.

SEC. 6.\1\ ADMINISTRATIVE SUPPORT SERVICES.

    Upon the request of the Commission, the Administrator of 
General Services shall provide to the Commission, on a 
reimbursable basis, the administrative support services 
necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 7.\1\ TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on 
which the Commission submits its final report under section 3.

SEC. 8.\1\ MISCELLANEOUS PROVISIONS.

    (a) Inapplicability of FACA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) does not apply to the Commission.
    (b) Public Attendance.--To the maximum extent practicable, 
each meeting of the Commission shall be open to members of the 
public.

SEC. 9.\1\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated not more than 
$6,000,000,\3\ in total, for the interagency funding of 
activities of the Commission under this Act for fiscal years 
1998, 1999, 2000, and 2001,\3\ of which, notwithstanding 
section 1346 of title 31, United States Code, and section 611 
of the Treasury and General Government Appropriations Act, 
1998, $537,000 shall be made available in equal amounts from 
funds made available for fiscal year 1998 to the Departments of 
Justice, State, and the Army that are otherwise unobligated. 
Funds made available to the Commission pursuant to this section 
shall remain available for obligation until December 31, 1999.
---------------------------------------------------------------------------
    \3\ Sec. 2(b) of the U.S. Holocaust Assets Commission Extension Act 
of 1999 (Public Law 106-155; 113 Stat. 1740) struck out ``$3,500,000'' 
and inserted in lieu thereof ``$6,000,000''; and struck out ``1999, and 
2000,'' and inserted in lieu thereof ``1999, 2000, and 2001,''.
    The Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999 (Public Law 105-277; 112 Stat. 2681-52) provided: ``That 
$813,333 of funds made available to the Department of Justice in this 
Act shall be transferred by the Attorney General to the Presidential 
Advisory Commission on Holocaust Assets in the United States:''; and 
``That, of this amount [Salaries and Expenses, Department of State], 
$813,333 shall be transferred to the Presidential Advisory Commission 
on Holocaust Assets in the United States.''.
    The Consolidated Appropriations for Fiscal Year 2000 (Public Law 
106-113; 113 Stat. 1501) provided: ``That of the amount appropriated 
under this heading [Legal Activities of the Department of Justice] 
$582,000 shall be transferred to, and merged with, funds available to 
the Presidential Advisory Commission on Holocaust Assets in the United 
States and shall be made available for the same purposes for which such 
funds are available:'' and ``That of the amount made available under 
this heading [Administration of Foreign Affairs, Department of State], 
not to exceed $1,162,000 shall be available for transfer to the 
Presidential Advisory Commission on Holocaust Assets in the United 
States:''.
    The Department of Defense Appropriations Act, 2000 (Public Law 106-
79; 113 Stat. 1212) provided: ``That notwithstanding section 2215 of 
title 10, United States Code, of the funds appropriated in this 
paragraph, $975,666 is authorized to be transferred to the Presidential 
Advisory Commission on Holocaust Assets in the United States, to remain 
available until March 31, 2001.''.
    An Act making appropriations for the government of the District of 
Columbia and other activities for fiscal year 2001 (Public Law 106-553; 
114 Stat. 2762) provided: ``That of the amount made available under 
this heading [Administration of Foreign Affairs, Department of State], 
not to exceed $1,400,000 shall be available for transfer to the 
Presidential Advisory Commission on Holocaust Assets in the United 
States:''.
                    d. Holocaust Victims Redress Act

 Public Law 105-158 [S. 1564], 112 Stat. 15, approved February 13, 1998

 AN ACT To provide redress for inadequate restitution of assets seized 
 by the United States Government during World War II which belonged to 
           victims of the Holocaust, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Holocaust Victims Redress 
Act''.

                        TITLE I--HEIRLESS ASSETS

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds as follows:
          (1) Among the $198,000,000 in German assets located 
        in the United States and seized by the United States 
        Government in World War II were believed to be bank 
        accounts, trusts, securities, or other assets belonging 
        to Jewish victims of the Holocaust.
          (2) Among an estimated $1,200,000,000 in assets of 
        Swiss nationals and institutions which were frozen by 
        the United States Government during World War II 
        (including over $400,000,000 in bank deposits) were 
        assets whose beneficial owners were believed to include 
        victims of the Holocaust.
          (3) In the aftermath of the war, the Congress 
        recognized that some of the victims of the Holocaust 
        whose assets were among those seized or frozen during 
        the war might not have any legal heirs, and legislation 
        was enacted to authorize the transfer of up to 
        $3,000,000 of such assets to organizations dedicated to 
        providing relief and rehabilitation for survivors of 
        the Holocaust.
          (4) Although the Congress and the Administration 
        authorized the transfer of such amount to the relief 
        organizations referred to in paragraph (3), the 
        enormous administrative difficulties and cost involved 
        in proving legal ownership of such assets, directly or 
        beneficially, by victims of the Holocaust, and proving 
        the existence or absence of heirs of such victims, led 
        the Congress in 1962 to agree to a lump-sum settlement 
        and to provide $500,000 for the Jewish Restitution 
        Successor Organization of New York, such sum amounting 
        to \1/6\th of the authorized maximum level of 
        ``heirless'' assets to be transferred.
          (5) In June of 1997, a representative of the 
        Secretary of State, in testimony before the Congress, 
        urged the reconsideration of the limited $500,000 
        settlement.
          (6) While a precisely accurate accounting of 
        ``heirless'' assets may be impossible, good conscience 
        warrants the recognition that the victims of the 
        Holocaust have a compelling moral claim to the 
        unrestituted portion of assets referred to in paragraph 
        (3).
          (7) Furthermore, leadership by the United States in 
        meeting obligations to Holocaust victims would 
        strengthen--
                  (A) the efforts of the United States to press 
                for the speedy distribution of the remaining 
                nearly 6 metric tons of gold still held by the 
                Tripartite Commission for the Restitution of 
                Monetary Gold (the body established by France, 
                Great Britain, and the United States at the end 
                of World War II to return gold looted by Nazi 
                Germany to the central banks of countries 
                occupied by Germany during the war); and
                  (B) the appeals by the United States to the 
                15 nations claiming a portion of such gold to 
                contribute a substantial portion of any such 
                distribution to Holocaust survivors in 
                recognition of the recently documented fact 
                that the gold held by the Commission includes 
                gold stolen from individual victims of the 
                Holocaust.
    (b) Purposes.--The purposes of this Act are as follows:
          (1) To provide a measure of justice to survivors of 
        the Holocaust all around the world while they are still 
        alive.
          (2) To authorize the appropriation of an amount which 
        is at least equal to the present value of the 
        difference between the amount which was authorized to 
        be transferred to successor organizations to compensate 
        for assets in the United States of heirless victims of 
        the Holocaust and the amount actually paid in 1962 to 
        the Jewish Restitution Successor Organization of New 
        York for that purpose.
          (3) To facilitate efforts by the United States to 
        seek an agreement whereby nations with claims against 
        gold held by the Tripartite Commission for the 
        Restitution of Monetary Gold would contribute all, or a 
        substantial portion, of that gold to charitable 
        organizations to assist survivors of the Holocaust.

SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION.

    (a) Directions to the President.--The President shall 
direct the commissioner representing the United States on the 
Tripartite Commission for the Restitution of Monetary Gold, 
established pursuant to Part III of the Paris Agreement on 
Reparation, to seek and vote for a timely agreement under which 
all signatories to the Paris Agreement on Reparation, with 
claims against the monetary gold pool in the jurisdiction of 
such Commission, contribute all, or a substantial portion, of 
such gold to charitable organizations to assist survivors of 
the Holocaust.
    (b) Authority To Obligate the United States.--
          (1) In general.--From funds otherwise unobligated in 
        the Treasury of the United States, the President is 
        authorized to obligate subject to paragraph (2) an 
        amount not to exceed $30,000,000 for distribution in 
        accordance with subsections (a) and (b).
          (2) Conformance with budget act requirement.--Any 
        budget authority contained in paragraph (1) shall be 
        effective only to such extent and in such amounts as 
        are provided in advance in appropriation Acts.

SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated to the President such sums as may be 
necessary for fiscal years 1998, 1999, and 2000, not to exceed 
a total of $25,000,000 for all such fiscal years, for 
distribution to organizations as may be specified in any 
agreement concluded pursuant to section 102.
    (b) Archival Research.--There are authorized to be 
appropriated to the President $5,000,000 for archival research 
and translation services to assist in the restitution of assets 
looted or extorted from victims of the Holocaust and such other 
activities that would further Holocaust remembrance and 
education.

                         TITLE II--WORKS OF ART

SEC. 201. FINDINGS.

    Congress finds as follows:
          (1) Established pre-World War II principles of 
        international law, as enunciated in Articles 47 and 56 
        of the Regulations annexed to the 1907 Hague Convention 
        (IV) Respecting the Laws and Customs of War on Land, 
        prohibited pillage and the seizure of works of art.
          (2) In the years since World War II, international 
        sanctions against confiscation of works of art have 
        been amplified through such conventions as the 1970 
        Convention on the Means of Prohibiting and Preventing 
        the Illicit Import, Export and Transfer of Ownership of 
        Cultural Property, which forbids the illegal export of 
        art work and calls for its earliest possible 
        restitution to its rightful owner.
          (3) In defiance of the 1907 Hague Convention, the 
        Nazis extorted and looted art from individuals and 
        institutions in countries it occupied during World War 
        II and used such booty to help finance their war of 
        aggression.
          (4) The Nazis' policy of looting art was a critical 
        element and incentive in their campaign of genocide 
        against individuals of Jewish and other religious and 
        cultural heritage and, in this context, the Holocaust, 
        while standing as a civil war against defined 
        individuals and civilized values, must be considered a 
        fundamental aspect of the world war unleashed on the 
        continent.
          (5) Hence, the same international legal principles 
        applied among states should be applied to art and other 
        assets stolen from victims of the Holocaust.
          (6) In the aftermath of the war, art and other assets 
        were transferred from territory previously controlled 
        by the Nazis to the Union of Soviet Socialist 
        Republics, much of which has not been returned to 
        rightful owners.

SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE 
                    PROPERTY, SUCH AS WORKS OF ART.

    It is the sense of the Congress that consistent with the 
1907 Hague Convention, all governments should undertake good 
faith efforts to facilitate the return of private and public 
property, such as works of art, to the rightful owners in cases 
where assets were confiscated from the claimant during the 
period of Nazi rule and there is reasonable proof that the 
claimant is the rightful owner.
        20. Japanese Imperial Government Disclosure Act of 2000

Partial text of Public Law 106-567 [Intelligence Authorization Act for 
  Fiscal Year 2001; H.R. 5630], 114 Stat. 2831, approved December 27, 
  2000; as amended by Public Law 108-199 [Consolidated Appropriations 
  Act, 2004; H.R. 2673], 118 Stat. 3, approved January 23, 2003; and 
    Public Law 109-5 [S. 384], 119 Stat. 19, approved March 25, 2005

      AN ACT To authorize appropriations for fiscal year 2001 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

 TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

SEC. 801.\1\ SHORT TITLE.

    This title may be cited as the ``Japanese Imperial 
Government Disclosure Act of 2000''.
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 552 note.
---------------------------------------------------------------------------

SEC. 802. DESIGNATION.

    (a) Definitions.--In this section:
          (1) Agency.--The term ``agency'' has the meaning 
        given such term under section 551 of title 5, United 
        States Code.
          (2) Interagency group.--The term ``Interagency 
        Group'' means the Nazi War Crimes and Japanese Imperial 
        Government Records Interagency Working Group 
        established under subsection (b).
          (3) Japanese imperial government records.--The term 
        ``Japanese Imperial Government records'' means 
        classified records or portions of records that pertain 
        to any person with respect to whom the United States 
        Government, in its sole discretion, has grounds to 
        believe ordered, incited, assisted, or otherwise 
        participated in the experimentation on, and persecution 
        of, any person because of race, religion, national 
        origin, or political opinion, during the period 
        beginning September 18, 1931, and ending on December 
        31, 1948, under the direction of, or in association 
        with--
                  (A) the Japanese Imperial Government;
                  (B) any government in any area occupied by 
                the military forces of the Japanese Imperial 
                Government;
                  (C) any government established with the 
                assistance or cooperation of the Japanese 
                Imperial Government; or
                  (D) any government which was an ally of the 
                Japanese Imperial Government.
          (4) Record.--The term ``record'' means a Japanese 
        Imperial Government record.
    (b) Establishment of Interagency Group.--
          (1) In general.--Not later than 60 days after the 
        date of the enactment of this Act, the President shall 
        designate the Working Group established under the Nazi 
        War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C. 
        552 note) to also carry out the purposes of this title 
        with respect to Japanese Imperial Government records, 
        and that Working Group shall remain in existence for 6 
        years \2\ after the date on which this title takes 
        effect. Such Working Group is redesignated as the 
        ``Nazi War Crimes and Japanese Imperial Government 
        Records Interagency Working Group''.
---------------------------------------------------------------------------
    \2\ Sec. 163 of the Consolidated Appropriations Act, 2004 (Public 
Law 108-199) struck out ``3 years'' and inserted in lieu thereof ``4 
years''.
    Subsequently, sec. 1 of Public Law 109-5 (119 Stat. 19) struck out 
``4 years'' and inserted in lieu thereof ``6 years''.
---------------------------------------------------------------------------
          (2) Membership.--Section 2(b)(2) of such Act is 
        amended by striking ``3 other persons'' and inserting 
        ``4 other persons who shall be members of the public, 
        of whom 3 shall be persons appointed under the 
        provisions of this Act in effect on October 8, 1998.''.
    (c) Functions.--Not later than 1 year after the date of the 
enactment of this Act, the Interagency Group shall, to the 
greatest extent possible consistent with section 803--
          (1) locate, identify, inventory, recommend for 
        declassification, and make available to the public at 
        the National Archives and Records Administration, all 
        classified Japanese Imperial Government records of the 
        United States;
          (2) coordinate with agencies and take such actions as 
        necessary to expedite the release of such records to 
        the public; and
          (3) submit a report to Congress, including the 
        Committee on Government Reform and the Permanent Select 
        Committee on Intelligence of the House of 
        Representatives, and the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate, 
        describing all such records, the disposition of such 
        records, and the activities of the Interagency Group 
        and agencies under this section.
    (d) Funding.--There is authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
title.

SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

    (a) Release of Records.--Subject to subsections (b), (c), 
and (d), the Japanese Imperial Government Records Interagency 
Working Group shall release in their entirety Japanese Imperial 
Government records.
    (b) Exemptions.--An agency head may exempt from release 
under subsection (a) specific information, that would--
          (1) constitute an unwarranted invasion of personal 
        privacy;
          (2) reveal the identity of a confidential human 
        source, or reveal information about an intelligence 
        source or method when the unauthorized disclosure of 
        that source or method would damage the national 
        security interests of the United States;
          (3) reveal information that would assist in the 
        development or use of weapons of mass destruction;
          (4) reveal information that would impair United 
        States cryptologic systems or activities;
          (5) reveal information that would impair the 
        application of state-of-the-art technology within a 
        United States weapon system;
          (6) reveal United States military war plans that 
        remain in effect;
          (7) reveal information that would impair relations 
        between the United States and a foreign government, or 
        undermine ongoing diplomatic activities of the United 
        States;
          (8) reveal information that would impair the current 
        ability of United States Government officials to 
        protect the President, Vice President, and other 
        officials for whom protection services are authorized 
        in the interest of national security;
          (9) reveal information that would impair current 
        national security emergency preparedness plans; or
          (10) violate a treaty or other international 
        agreement.
    (c) Applications of Exemptions.--
          (1) In general.--In applying the exemptions provided 
        in paragraphs (2) through (10) of subsection (b), there 
        shall be a presumption that the public interest will be 
        served by disclosure and release of the records of the 
        Japanese Imperial Government. The exemption may be 
        asserted only when the head of the agency that 
        maintains the records determines that disclosure and 
        release would be harmful to a specific interest 
        identified in the exemption. An agency head who makes 
        such a determination shall promptly report it to the 
        committees of Congress with appropriate jurisdiction, 
        including the Committee on the Judiciary and the Select 
        Committee on Intelligence of the Senate and the 
        Committee on Government Reform and the Permanent Select 
        Committee on Intelligence of the House of 
        Representatives.
          (2) Application of title 5.--A determination by an 
        agency head to apply an exemption provided in 
        paragraphs (2) through (9) of subsection (b) shall be 
        subject to the same standard of review that applies in 
        the case of records withheld under section 552(b)(1) of 
        title 5, United States Code.
    (d) Records Related to Investigations or Prosecutions.--
This section shall not apply to records--
          (1) related to or supporting any active or inactive 
        investigation, inquiry, or prosecution by the Office of 
        Special Investigations of the Department of Justice; or
          (2) solely in the possession, custody, or control of 
        the Office of Special Investigations.

SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL 
                    GOVERNMENT RECORDS.

    For purposes of expedited processing under section 
552(a)(6)(E) of title 5, United States Code, any person who was 
persecuted in the manner described in section 802(a)(3) and who 
requests a Japanese Imperial Government record shall be deemed 
to have a compelling need for such record.

SEC. 805. EFFECTIVE DATE.

    The provisions of this title shall take effect on the date 
that is 90 days after the date of the enactment of this Act.
         21. To Locate and Secure the Return of Zachary Baumel

  Public Law 106-89 [H.R. 1175], 113 Stat. 1305, approved November 8, 
                                  1999

  AN ACT To locate and secure the return of Zachary Baumel, a United 
     States citizen, and other Israeli soldiers missing in action.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL FINDINGS.

    The Congress finds that--
          (1) Zachary Baumel, a United States citizen serving 
        in the Israeli military forces, has been missing in 
        action since June 1982 when he was captured by forces 
        affiliated with the Palestinian Liberation Organization 
        (PLO) following a tank battle with Syrian forces at 
        Sultan Ya'akub in Lebanon;
          (2) Yehuda Katz and Zvi Feldman, Israeli citizens 
        serving in the Israeli military forces, have been 
        missing in action since June 1982 when they were also 
        captured by these same forces in a tank battle with 
        Syrian forces at Sultan Ya'akub in Lebanon;
          (3) these three soldiers were last known to be in the 
        hands of a Palestinian faction splintered from the PLO 
        and operating in Syrian-controlled territory, thus 
        making this a matter within the responsibility of the 
        Government of Syria;
          (4) diplomatic efforts to secure the release of these 
        individuals have been unsuccessful, although PLO 
        Chairman Yasser Arafat delivered one-half of Zachary 
        Baumel's dog tag to Israeli Government authorities; and
          (5) in the Gaza-Jericho agreement between the 
        Palestinian Authority and the Government of Israel of 
        May 4, 1994, Palestinian officials agreed to cooperate 
        with Israel in locating and working for the return of 
        Israeli soldiers missing in action.

SEC. 2. ACTIONS WITH RESPECT TO MISSING SOLDIERS.

    (a) Continuing Communication with Certain Governments.--The 
Secretary of State shall continue to raise the matter of 
Zachary Baumel, Yehuda Katz, and Zvi Feldman on an urgent basis 
with appropriate government officials of Syria, Lebanon, the 
Palestinian Authority, and with other governments in the region 
and elsewhere that, in the determination of the Secretary, may 
be helpful in locating and securing the return of these 
soldiers.
    (b) Provision of Assistance to Certain Governments.--In 
deciding whether or not to provide United States assistance to 
any government or authority which the Secretary of State 
believes has information concerning the whereabouts of the 
soldiers described in subsection (a), and in formulating United 
States policy towards such government or authority, the 
President should take into consideration the willingness of the 
government or authority to assist in locating and securing the 
return of such soldiers.

SEC. 3. REPORTS BY SECRETARY OF STATE.

    (a) Initial Report.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
prepare and submit to the Committee on International Relations 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate a written report that describes the 
efforts of the Secretary pursuant to section 2(a) and United 
States policies affected pursuant to section 2(b).
    (b) Subsequent Reports.--Not later than 15 days after 
receiving from any source any additional credible information 
relating to the individuals described in section 2(a), the 
Secretary of State shall prepare and submit to the committees 
described in subsection (a) a written report that contains such 
additional information.
    (c) Form of Reports.--A report submitted under subsection 
(a) or (b) shall be made available to the public and may 
include a classified annex.
      22. Taiwan's Participation in the World Health Organization

   a. Participation of Taiwan in the World Health Organization, 2003

    Public Law 108-28 [S. 243], 117 Stat. 769, approved May 29, 2003

     AN ACT Concerning participation of Taiwan in the World Health 
                             Organization.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH 
                    ORGANIZATION (WHO).

    (a) Findings.--The Congress makes the following findings:
          (1) Good health is important to every citizen of the 
        world and access to the highest standards of health 
        information and services is necessary to improve the 
        public health.
          (2) Direct and unobstructed participation in 
        international health cooperation forums and programs is 
        beneficial for all parts of the world, especially with 
        today's greater potential for the cross-border spread 
        of various infectious diseases such as the human 
        immunodeficiency virus (HIV), tuberculosis, and 
        malaria.
          (3) Taiwan's population of 23,500,000 people is 
        greater than that of three-fourths of the member states 
        already in the World Health Organization (WHO).
          (4) Taiwan's achievements in the field of health are 
        substantial, including one of the highest life 
        expectancy levels in Asia, maternal and infant 
        mortality rates comparable to those of western 
        countries, the eradication of such infectious diseases 
        as cholera, smallpox, and the plague, and the first to 
        eradicate polio and provide children with hepatitis B 
        vaccinations.
          (5) The United States Centers for Disease Control and 
        Prevention and its Taiwan counterpart agencies have 
        enjoyed close collaboration on a wide range of public 
        health issues.
          (6) In recent years Taiwan has expressed a 
        willingness to assist financially and technically in 
        international aid and health activities supported by 
        the WHO.
          (7) On January 14, 2001, an earthquake, registering 
        between 7.6 and 7.9 on the Richter scale, struck El 
        Salvador. In response, the Taiwanese Government sent 2 
        rescue teams, consisting of 90 individuals specializing 
        in firefighting, medicine, and civil engineering. The 
        Taiwanese Ministry of Foreign Affairs also donated 
        $200,000 in relief aid to the Salvadoran Government.
          (8) The World Health Assembly has allowed observers 
        to participate in the activities of the organization, 
        including the Palestine Liberation Organization in 
        1974, the Order of Malta, and the Holy See in the early 
        1950s.
          (9) The United States, in the 1994 Taiwan Policy 
        Review, declared its intention to support Taiwan's 
        participation in appropriate international 
        organizations.
          (10) Public Law 106-137 required the Secretary of 
        State to submit a report to the Congress on efforts by 
        the executive branch to support Taiwan's participation 
        in international organizations, in particular the WHO.
          (11) In light of all benefits that Taiwan's 
        participation in the WHO can bring to the state of 
        health not only in Taiwan, but also regionally and 
        globally, Taiwan and its 23,500,000 people should have 
        appropriate and meaningful participation in the WHO.
          (12) On May 11, 2001, President Bush stated in his 
        letter to Senator Murkowski that the United States 
        ``should find opportunities for Taiwan's voice to be 
        heard in international organizations in order to make a 
        contribution, even if membership is not possible'', 
        further stating that his Administration ``has focused 
        on finding concrete ways for Taiwan to benefit and 
        contribute to the WHO''.
          (13) In his speech made in the World Medical 
        Association on May 14, 2002, Secretary of Health and 
        Human Services Tommy Thompson announced ``America's 
        work for a healthy world cuts across political lines. 
        That is why my government supports Taiwan's efforts to 
        gain observership status at the World Health Assembly. 
        We know this is a controversial issue, but we do not 
        shrink from taking a public stance on it. The people of 
        Taiwan deserve the same level of public health as 
        citizens of every nation on earth, and we support them 
        in their efforts to achieve it''.
          (14) The Government of the Republic of China on 
        Taiwan, in response to an appeal from the United 
        Nations and the United States for resources to control 
        the spread of HIV/AIDS, donated $1,000,000 to the 
        Global Fund to Fight AIDS, Tuberculosis and Malaria in 
        December 2002.
    (b) Plan.--The Secretary of State is authorized--
          (1) to initiate a United States plan to endorse and 
        obtain observer status for Taiwan at the annual week-
        long summit of the World Health Assembly in May 2003 in 
        Geneva, Switzerland; and
          (2) to instruct the United States delegation to 
        Geneva to implement that plan.
    (c) Report.--Not later than 14 days after the date of the 
enactment of this Act, the Secretary of State shall submit a 
report to Congress in unclassified form describing the action 
taken under subsection (b).
   b. Participation of Taiwan in the World Health Organization, 2001

 Public Law 107-10 [H.R. 428], 115 Stat. 17, approved May 28, 2001; as 
  amended by Public Law 107-158 [H.R. 2739), 116 Stat. 121, approved 
                             April 4, 2002

     AN ACT Concerning participation of Taiwan in the World Health 
                             Organization.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH 
                    ORGANIZATION (WHO).

    (a) Findings.--The Congress makes the following findings:
          (1) Good health is important to every citizen of the 
        world and access to the highest standards of health 
        information and services is necessary to improve the 
        public health.
          (2) Direct and unobstructed participation in 
        international health cooperation forums and programs is 
        beneficial for all parts of the world, especially with 
        today's greater potential for the cross-border spread 
        of various infectious diseases such as the human 
        immunodeficiency virus (HIV), tuberculosis, and 
        malaria.
          (3) Taiwan's population of 23,500,000 people is 
        greater than that of three-fourths of the member states 
        already in the World Health Organization (WHO).
          (4) Taiwan's achievements in the field of health are 
        substantial, including one of the highest life 
        expectancy levels in Asia, maternal and infant 
        mortality rates comparable to those of western 
        countries, the eradication of such infectious diseases 
        as cholera, smallpox, and the plague, the eradication 
        of such infectious diseases as cholera, smallpox, and 
        the plague, and the first to eradicate polio and 
        provide children with hepatitis B vaccinations.
          (5) The United States Centers for Disease Control and 
        Prevention and its Taiwan counterpart agencies have 
        enjoyed close collaboration on a wide range of public 
        health issues.
          (6) In recent years Taiwan has expressed a 
        willingness to assist financially and technically in 
        international aid and health activities supported by 
        the WHO.
          (7) On January 14, 2001, an earthquake, registering 
        between 7.6 and 7.9 on the Richter scale, struck El 
        Salvador. In response, the Taiwanese government sent 2 
        rescue teams, consisting of 90 individuals specializing 
        in firefighting, medicine, and civil engineering. The 
        Taiwanese Ministry of Foreign Affairs also donated 
        $200,000 in relief aid to the Salvadoran Government.
          (8) The World Health Assembly has allowed observers 
        to participate in the activities of the organization, 
        including the Palestine Liberation Organization in 
        1974, the Order of Malta, and the Holy See in the early 
        1950's.
          (9) The United States, in the 1994 Taiwan Policy 
        Review, declared its intention to support Taiwan's 
        participation in appropriate international 
        organizations.
          (10) Public Law 106-137 required the Secretary of 
        State to submit a report to the Congress on efforts by 
        the executive branch to support Taiwan's participation 
        in international organizations, in particular the WHO.
          (11) In light of all benefits that Taiwan's 
        participation in the WHO can bring to the state of 
        health not only in Taiwan, but also regionally and 
        globally, Taiwan and its 23,500,000 people should have 
        appropriate and meaningful participation in the WHO.
          (12) \1\ On May 11, 2001, President Bush stated in 
        his letter to Senator Murkowski that the United States 
        ``should find opportunities for Taiwan's voice to be 
        heard in international organizations in order to make a 
        contribution, even if membership is not possible'', 
        further stating that his Administration ``has focused 
        on finding concrete ways for Taiwan to benefit and 
        contribute to the WHO.''.
---------------------------------------------------------------------------
    \1\ Sec. 1(a) of Public Law 107-158 (116 Stat. 121) added paras. 
(12) and (13).
---------------------------------------------------------------------------
          (13) \1\ On May 16, 2001, as part of the United 
        States delegation to the World Health Assembly meeting 
        in Geneva, Switzerland, Secretary of Health and Human 
        Services Tommy Thompson announced to the American 
        International Club the Administration's support of 
        Taiwan's participation in the activities of the WHO.
      (b) Plan.--The Secretary of State is authorized--
          (1) to initiate a United States plan to endorse and 
        obtain observer status for Taiwan at the annual week-
        long summit of the World Health Assembly in May 2002 
        \2\ in Geneva, Switzerland; and
---------------------------------------------------------------------------
    \2\ Sec. 1(b) of Public Law 107-158 (116 Stat. 121) struck out 
``May 2001'' and inserted in lieu thereof ``May 2002''.
---------------------------------------------------------------------------
          (2) to instruct the United States delegation to 
        Geneva to implement that plan.
    (c) Report.--Not later than 14 days after the date of the 
enactment of this Act, the Secretary of State shall submit a 
written report to the Congress in unclassified form containing 
the plan authorized under subsection (b).
   c. Participation of Taiwan in the World Health Organization, 1999

 Public Law 106-137 [H.R. 1794], 113 Stat. 1691, approved December 7, 
                                  1999

     AN ACT Concerning participation of Taiwan in the World Health 
                             Organization.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH 
                    ORGANIZATION (WHO).

    (a) Findings.--The Congress makes the following findings:
          (1) Good health is a basic right for every citizen of 
        the world and access to the highest standards of health 
        information and services is necessary to help guarantee 
        this right.
          (2) Direct and unobstructed participation in 
        international health cooperation forums and programs is 
        therefore crucial, especially with today's greater 
        potential for the cross-border spread of various 
        infectious diseases such as AIDS.
          (3) The World Health Organization (WHO) set forth in 
        the first chapter of its charter the objective of 
        attaining the highest possible level of health for all 
        people.
          (4) In 1977, the World Health Organization 
        established ``Health For All By The Year 2000'' as its 
        overriding priority and reaffirmed that central vision 
        with the initiation of its ``Health For All'' renewal 
        process in 1995.
          (5) Taiwan's population of 21,000,000 people is 
        larger than that of three-fourths of the member states 
        already in the World Health Organization.
          (6) Taiwan's achievements in the field of health are 
        substantial, including one of the highest life 
        expectancy levels in Asia, maternal and infant 
        mortality rates comparable to those of western 
        countries, the eradication of such infectious diseases 
        as cholera, smallpox, and the plague, and the first to 
        be rid of polio and provide children with free 
        hepatitis B vaccinations.
          (7) The World Health Organization was unable to 
        assist Taiwan with an outbreak of enterovirus 71 which 
        killed 70 Taiwanese children and infected more than 
        1,100 Taiwanese children in 1998.
          (8) In recent years Taiwan has expressed a 
        willingness to assist financially or technically in 
        WHO-supported international aid and health activities, 
        but has ultimately been unable to render such 
        assistance.
          (9) The World Health Organization allows observers to 
        participate in the activities of the organization.
          (10) The United States, in the 1994 Taiwan Policy 
        Review, declared its intention to support Taiwan's 
        participation in appropriate international 
        organizations.
          (11) In light of all of the benefits that Taiwan's 
        participation in the World Health Organization could 
        bring to the state of health not only in Taiwan, but 
        also regionally and globally, Taiwan and its 21,000,000 
        people should have appropriate and meaningful 
        participation in the World Health Organization.
    (b) Report.--Not later than January 1, 2000, the Secretary 
of State shall submit a report to the Congress on the efforts 
of the Secretary to fulfill the commitment made in the 1994 
Taiwan Policy Review to more actively support Taiwan's 
participation in international organizations, in particular the 
World Health Organization (WHO).
         23. Czech Republic Memorial Honoring Tomas G. Masaryk

Public Law 107-61 [H.R. 1161], 115 Stat. 410, approved November 5, 2001

AN ACT To authorize the Government of the Czech Republic to establish a 
    memorial to honor Tomas G. Masaryk in the District of Columbia.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,\1\
---------------------------------------------------------------------------
    \1\ 40 U.S.C. 1003 note.
---------------------------------------------------------------------------

SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL.

    (a) In General.--The Government of the Czech Republic is 
authorized to establish a memorial to honor Tomas G. Masaryk on 
the Federal land in the District of Columbia.
    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the memorial shall be in accordance with the 
Commemorative Works Act (40 U.S.C. 1001 et seq.), except that 
sections 2(c), 6(b), 8(b), and 10(c) of that Act shall not 
apply with respect to the memorial.

SEC. 2. LIMITATION ON PAYMENT OF EXPENSES.

    The United States Government shall not pay any expense for 
the establishment of the memorial or its maintenance.
       24. Investigation of Those Missing From Cyprus Since 1974

 Public Law 103-372 [H.R. 2826], 108 Stat. 3487, approved October 19, 
                                  1994

AN ACT To provide for an investigation of the whereabouts of the United 
  States citizens and others who have been missing from Cyprus since 
                                 1974.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. UNITED STATES CITIZENS MISSING FROM CYPRUS.

    (a) Investigation.--As soon as is practicable, the 
President shall undertake, in cooperation with appropriate 
international organizations or nongovernmental organizations, a 
thorough investigation of the whereabouts of the United States 
citizens who have been missing from Cyprus since 1974. Any 
information on others missing from Cyprus that is learned or 
discovered during this investigation shall be reported to the 
appropriate international or nongovernmental organizations. The 
investigation shall focus on the countries and communities 
which were combatants in Cyprus in 1974, all of which currently 
receive United States foreign assistance.
    (b) Report to the Families.--The President shall report the 
findings of this investigation of the missing Americans to the 
family of each of the United States citizens. Such reports 
shall include the whereabouts of the missing.
    (c) Report to the Congress.--The information learned or 
discovered during this investigation shall be reported to the 
Congress.
    (d) Returning the Missing.--The President, in cooperation 
with appropriate international organizations or nongovernmental 
organizations, shall do everything possible to return to their 
families, as soon as is practicable, the United States citizens 
who have been missing from Cyprus since 1974, and others who 
have been missing, including returning the remains of those who 
are no longer alive.
                           25. Proclamations

               a. Designating September 11 as Patriot Day

 Public Law 107-89 [H.J. Res. 71] 115 Stat. 876, approved December 18, 
                                  2001

 JOINT RESOLUTION Amending title 36, United States Code, to designate 
                      September 11 as Patriot Day.

Whereas on September 11, 2001, terrorists hijacked four 
    civilian aircraft, crashing two of them into the towers of 
    the World Trade Center in New York City, and a third into 
    the Pentagon outside Washington, D.C.;
Whereas the fourth hijacked aircraft crashed in southwestern 
    Pennsylvania after passengers tried to take control of the 
    aircraft in order to prevent the hijackers from crashing 
    the aircraft into an important symbol of democracy and 
    freedom;
Whereas these attacks were by far the deadliest terrorist 
    attacks ever launched against the United States, killing 
    thousands of innocent people; and
Whereas in the aftermath of the attacks the people of the 
    United States stood united in providing support for those 
    in need: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION OF SEPTEMBER 11 AS PATRIOT DAY.

    Chapter 1 of title 36, United States Code, is amended by 
adding at the end the following new section:

``Sec. 144. Patriot Day

    ``(a) Designation.--September 11 is Patriot Day.
    ``(b) Proclamation.--The President is requested to issue 
each year a proclamation calling on--
          ``(1) State and local governments and the people of 
        the United States to observe Patriot Day with 
        appropriate programs and activities;
          ``(2) all departments, agencies, and 
        instrumentalities of the United States and interested 
        organizations and individuals to display the flag of 
        the United States at halfstaff on Patriot Day in honor 
        of the individuals who lost their lives as a result of 
        the terrorist attacks against the United States that 
        occurred on September 11, 2001; and
          ``(3) the people of the United States to observe a 
        moment of silence on Patriot Day in honor of the 
        individuals who lost their lives as a result of the 
        terrorist attacks against the United States that 
        occurred on September 11, 2001.''.

SEC. 2. CONFORMING AMENDMENT.

    The table of contents for chapter 1 of title 36, United 
States Code, is amended by adding at the end the following new 
item:

``Sec. 144. Patriot Day.''.
                   b. Free and Fair Elections in Peru

 Public Law 106-186 [S.J. Res. 43], 114 Stat. 226, approved April 25, 
                                  2000

JOINT RESOLUTION Expressing the sense of Congress that the President of 
the United States should encourage free and fair elections and respect 
                         for democracy in Peru.

Whereas presidential and congressional elections are scheduled 
    to occur in Peru on April 9, 2000;
Whereas independent election monitors, including the 
    Organization of American States, the National Democratic 
    Institute, and the Carter Center, have expressed grave 
    doubts about the fairness of the electoral process due to 
    the Peruvian Government's control of key official electoral 
    agencies, systematic restrictions on freedom of the press, 
    manipulation of the judicial processes to stifle 
    independent reporting on radio, television, and newspaper 
    outlets, and harassment and intimidation of opposition 
    politicians, which have greatly limited the ability of 
    opposing candidates to campaign freely; and
Whereas the absence of free and fair elections in Peru would 
    constitute a major setback for the Peruvian people and for 
    democracy in the hemisphere, could result in instability in 
    Peru, and could jeopardize United States antinarcotics 
    objectives in Peru and the region: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That it is the 
sense of Congress that the President of the United States 
should promptly convey to the President of Peru that if the 
April 9, 2000, elections are not deemed by the international 
community to have been free and fair, the United States will 
review and modify as appropriate its political, economic, and 
military relations with Peru, and will work with other 
democracies in this hemisphere and elsewhere toward a 
restoration of democracy in Peru.
                        c. Captive Nations Week

 Public Law 86-90 [S.J. Res. 111], 73 Stat. 212, approved July 17, 1959

  JOINT RESOLUTION Providing for the designation of the third week of 
                   July as ``Captive Nations Week''.

Whereas the greatness of the United States is in large part 
    attributable to its having been able, through the 
    democratic process, to achieve a harmonious national unity 
    of its people, even thought they stem from the most diverse 
    of racial, religious, and ethnic backgrounds; and
Whereas this harmonious unification of the diverse elements of 
    out free society has led the people of the United States to 
    possess a warm understanding and sympathy for the 
    aspirations of peoples everywhere and to recognize the 
    natural interdependency of the peoples and nations of the 
    world; and
Whereas the enslavement of a substantial part of the world's 
    population by Communist imperialism makes a mockery of the 
    idea of peaceful coexistence between nations and 
    constitutes a detriment to the natural bonds of 
    understanding between the people of the United States and 
    other peoples; and
Whereas since 1918 the imperialistic and aggressive policies of 
    Russian communism have resulted in the creation of a vast 
    empire which poses a dire threat to the security of the 
    United States and of all the free peoples of the world; and
Whereas the imperialistic policies of Communist Russia have 
    led, through direct and indirect aggression, to the 
    subjugation of the national independence of Poland, 
    Hungary, Lithuania, Ukraine, Czechoslovakia, Latvia, 
    Estonia, White Ruthenia, Rumania, East Germany, Bulgaria, 
    mainland China, Armenia, Azerbaijan, Georgia, North Korea, 
    Albania, Idel-Ural, Tibet, Cossackia, Turkestan, North 
    Vietnam, and others; and
Whereas these submerged nations look to the United States, as 
    the citadel of human freedom, for leadership in bringing 
    about their liberation and independence and in restoring to 
    them the enjoyment of their Christian, Jewish, Moslem, 
    Buddhist, or other religious freedoms, and of their 
    individual liberties; and
Whereas it is vital to the national security of the Untied 
    States that the desire for liberty and independence on the 
    part of the peoples of these conquered nations should be 
    steadfastly kept alive; and
Whereas the desire for liberty and independence by the 
    overwhelming majority of the people of these submerged 
    nations constitutes a powerful deterrent to war and one of 
    the best hopes for a just and lasting peace; and
Whereas it is fitting that we clearly manifest to such peoples 
    through an appropriate and official means the historical 
    fact that the people of the United States share with them 
    their aspirations for the recovery of their freedom and 
    independence: Now, therefor, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, that:
    The President of the United States is authorized and 
requested to issue a proclamation designating the third week in 
July 1959 as ``Captive Nations Week'' and inviting the people 
of the United States to observe such week with appropriate 
ceremonies and activities. The President is further authorized 
and requested to issue a similar proclamation each year until 
such time as freedom and independence shall have been achieved 
for all the captive nations of the world.\1\
---------------------------------------------------------------------------
    \1\ The President issued the most recent proclamation on July 15, 
2005 (Proclamation 7913; 70 F.R. 41931).
                d. Asian/Pacific American Heritage Month

    Partial text of Public Law 105-225 [H.R. 1085], 112 Stat. 1253, 
                        approved August 12, 1998

AN ACT To revise, codify, and enact without substantive change certain 
     general and permanent laws, related to patriotic and national 
observances, ceremonies, and organizations, as title 36, United States 
      Code, ``Patriotic and National Observances, Ceremonies, and 
                            Organizations''.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

Sec. Sec. 102.\1\ Asian/Pacific American Heritage Month

    (a) Designation.--May is Asian/Pacific American Heritage 
Month.
---------------------------------------------------------------------------
    \1\ 36 U.S.C. 102. Prior to enactment of Public Law 105-225, Public 
Law 102-450 (36 U.S.C. 169k; 106 Stat. 2251) designated May of each 
year as Asian/Pacific American Heritage Month. Public Law 105-225 
revised the text of Public Law 102-450 and recodified it as 36 U.S.C. 
102.
---------------------------------------------------------------------------
    (b) \2\ Proclamations.--The President is requested to issue 
each year a proclamation calling on the people of the United 
States, and the chief executive officers of each State of the 
United States, the District of Columbia, the Virgin Islands, 
Puerto Rico, Guam, American Samoa, the Northern Mariana 
Islands, the Marshall Islands, Micronesia, and Palau are 
requested to issue each year proclamations calling on the 
people of their respective jurisdictions, to observe Asian/
Pacific American Heritage Month with appropriate programs, 
ceremonies, and activities.
---------------------------------------------------------------------------
    \2\ The President issued the most recent proclamation on May 3, 
2005 (Proclamation 7894; 70 F.R. 23917).
---------------------------------------------------------------------------
          * * * * * * *
                               Appendix I


          Note.--Appendix I lists Public Laws included in 
        Legislation on Foreign Relations Through 2005, either 
        as freestanding law or in amendments, arranged by 
        Public Law number with corresponding short title or 
        popular name.




 
------------------------------------------------------------------------
Public Law
    No.                              Short Title
------------------------------------------------------------------------
109-169     United States-Bahrain Free Trade Agreement Implementation
             Act
109-167     Passport Services Enhancement Act of 2005
109-165     Torture Victims Relief Reauthorization Act of 2005
109-164     Trafficking Victims Protection Reauthorization Act of 2005
109-163     National Defense Authorization Act for Fiscal Year 2006
109-163     United States Policy in Iraq Act (section 1227)
109-163     Detainee Treatment Act of 2005 (title XIV)
109-159     Transfer of Items To War Reserves Stockpile for Allies,
             Korea
109-148     Department of Defense, Emergency Supplemental Appropriations
             To Address Hurricanes in the Gulf of Mexico, and Pandemic
             Influenza Act, 2006
109-148     Department of Defense Appropriations Act, 2006 (division A)
109-148     Emergency Supplemental Appropriations To Address Hurricanes
             in the Gulf of Mexico and Pandemic Influenza Act, 2006
             (division B)
109-140     To Provide Certain Authorities for the Department of State
109-134     Naval Vessels Transfer Act of 2005
109-121     Senator Paul Simon Water for the Poor Act of 2005
109-112     Iran Nonproliferation Amendments Act of 2005
109-108     Science, State, Justice, Commerce, and Related Agencies
             Appropriations Act, 2006
109-108     Department of State and Related Agencies Appropriations Act,
             2006 (title IV)
109-102     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2006
109-97      Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2006
109-95      Assistance for Orphans and Other Vulnerable Children in
             Developing Countries Act of 2005
109-77      Continuing Appropriations, Fiscal Year 2006
109-58      Energy Policy Act of 2005
109-58      Set America Free Act of 2005 (SAFE Act) (title XIV, subtitle
             B)
109-54      Department of the Interior, Environment, and Related
             Agencies Appropriations Act, 2006
109-53      Dominican Republic-Central America-United States Free Trade
             Agreement Implementation Act
109-39      Renewal of Import Restrictions--Burmese Freedom and
             Democracy Act of 2003
109-13      Emergency Supplemental Appropriations Act for Defense, the
             Global War on Terror, and Tsunami Relief, 2005
108-497     Comprehensive Peace in Sudan Act of 2004
108-484     Microenterprise Results and Accountability Act of 2004
108-458     Intelligence Reform and Terrorism Prevention Act of 2004
108-458     9/11 Commission Implementation Act of 2004 (title VII)
108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
             7104)
108-447     Consolidated Appropriations Act, 2005
108-447     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2005 (division D)
108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
             143)
108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
             J, title I)
108-429     Miscellaneous Trade and Technical Corrections Act of 2004
108-429     Emergency Protection for Iraqi Cultural Antiquities Act of
             2004 (title III)
108-429     Wool Suit and Textile Trade Extension Act of 2004 (title IV)
108-375     Ronald W. Reagan National Defense Authorization Act for
             Fiscal Year 2005
108-370     Prevention of Child Abduction Partnership Act
108-347     Belarus Democracy Act of 2004
108-333     North Korean Human Rights Act of 2004
108-332     Global Anti-Semitism Review Act of 2004
108-323     Tropical Forest Conservation Act Reauthorization
108-302     United States-Morocco Free Trade Agreement Implementation
             Act
108-297     Cape Town Treaty Implementation Act of 2004
108-286     United States-Australia Free Trade Agreement Implementation
             Act
108-283     Northern Uganda Crisis Response Act
108-274     AGOA Acceleration Act of 2004
108-272     Approving the Renewal of Import Restrictions--Burma
108-266     Marine Turtle Conservation Act of 2004
108-235     Taiwan's Participation in the World Health Organization
108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
             Environment Cooperation Commission and North American
             Development Bank
108-200     Congo Basin Forest Partnership Act of 2004
108-199     Consolidated Appropriations, 2004
108-199     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2004 (division D)
108-199     HELP Commission Act (division B, sec. 637)
108-199     Millennium Challenge Act of 2003 (division D, title VI)
108-175     Syria Accountability and Lebanese Sovereignty Restoration
             Act of 2003
108-136     National Defense Authorization Act for Fiscal Year 2004
108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106     Emergency Supplemental Appropriations Act for Defense and
             for the Reconstruction of Iraq and Afghanistan, 2004
108-77      United States-Chile Free Trade Agreement Implementation Act
108-31      Microenterprise Report to Congress
108-28      Taiwan's Participation in the World Health Organization
108-25      United States Leadership Against HIV/AIDS, Tuberculosis, and
             Malaria Act of 2003
108-19      Clean Diamond Trade Act
108-11      Emergency Wartime Supplemental Appropriations Act, 2003
108-7       Consolidated Appropriations, 2003
107-365     Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327     Afghanistan Freedom Support Act of 2002
107-314     Bob Stump National Defense Authorization Act for Fiscal Year
             2003
107-258     Persian Gulf POW/MIA Accountability Act of 2002
107-246     Russian Democracy Act of 2002
107-245     Sudan Peace Act
107-243     Authorization for Use of Military Force Against Iraq
             Resolution of 2002
107-228     Foreign Relations Authorization Act, Fiscal Year 2003
107-228     Department of State Authorization Act, Fiscal Year 2003
             (division A)
107-228     Security Assistance Act of 2002 (division B)
107-228     Middle East Peace Commitments Act of 2002 (division A, title
             VI, subtitle A)
107-228     Tibetan Policy Act of 2002 (division A, title VI, subtitle
             B)
107-228     East Timor Transition to Independence Act of 2002 (division
             A, title VI, subtitle C)
107-228     Clean Water for the Americas Partnership Act of 2002
             (division A, title VI, subtitle D)
107-228     Freedom Investment Act of 2002 (division A, title VI,
             subtitle E)
107-228     Russian Federation Debt for Nonproliferation Act of 2002
             (division B, title XIII, subtitle B)
107-228     Nonproliferation Assistance Coordination Act of 2002
             (division B, title XIII, subtitle C)
107-228     Iran Nuclear Proliferation Prevention Act of 2002 (division
             B, title XIII, subtitle D)
107-210     Trade Act of 2002
107-210     Customs Border Security Act of 2002 (title III)
107-210     Bipartian Trade Promotion Authority Act of 2002 (title XXI)
107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206     2002 Supplemental Appropriations Act for Further Recovery
             From and Response to Terrorist Attacks on the United States
107-206     American Servicemembers Protection Act (title II)
107-197     Terrorist Bombings Convention Implementation Act of 2002
107-189     Export-Import Bank Reauthorization Act of 2002
107-187     Gerald B. H. Solomon Freedom Consolidation Act of 2002
107-173     Ehanced Border Security and Visa Entry Reform Act of 2002
107-148     Radio Free Afghanistan Act
107-141     Asian Elephant Conservation Reauthorization Act of 2002
107-117     Department of Defense and Emergency Supplemental
             Appropriations for Recovery From and Response To Terrorist
             Attacks on the United States Act, 2002
107-115     Kenneth M. Ludden Foreign Operations, Export Financing and
             Related Programs Appropriations Act, 2002
107-112     Rhinoceros and Tiger Conservation Reauthorization Act of
             2001
107-111     African Elephant Conservation Reauthorization Act of 2001
107-107     National Defense Authorization Act for Fiscal Year 2002
107-99      Zimbabwe Democracy and Economic Recovery Act of 2001
107-81      Afghan Women and Children Relief Act of 2001
107-56      Uniting and Strengthening America By Providing Appropriate
             Tools Required To Intercept and Obstruct Terrorism (USA
             PATRIOT ACT) Act of 2001
107-56      International Money Laundering Abatement and Financial Anti-
             Terrorism Act of 2001 (title III)
107-43      United States-Jordan Free Trade Area Implementation Act
107-40      Authorization for Use of Military Force in Response to
             Terrorist Attacks of September 11, 2001
107-39      Condemnation of Terrorist Attacks
107-24      ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
106-570     Assistance for International Malaria Control Act
106-570     International Malaria Control Act (title I)
106-570     United States-Macau Policy Act of 2000 (title II)
106-570     Pacific Charter Commission Act of 2000 (title IV)
106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
106-567     Intelligence Authorization Act for Fiscal Year 2001
106-567     Japanese Imperial Government Disclosure Act of 2000 (title
             VIII)
106-557     Shark Finning Prohibition Act
106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
             Management and Marine Mammal Rescue Assistance Act of 2000
106-554     Consolidated Appropriations Act, 2001
106-554     Vietnam Education Foundation Act of 2000 (title II)
106-553     Department of State and Related Agency Appropriations Act,
             2001
106-531     Reports Consolidation Act of 2000
106-484     Bring Them Home Alive Act of 2000
106-476     Tariff Suspension and Trade Act of 2000
106-450     Yukon River Salmon Act of 2000
106-429     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2001
106-411     Great Ape Conservation Act of 2000
106-398     Floyd D. Spence National Defense Authorization Act for
             Fiscal Year 2001
106-387     Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2001
106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
             (title IX)
106-386     Victims of Trafficking and Violence Protection Act of 2000
106-386     Trafficking Victims Protection Act of 2000 (division A)
106-373     Famine Prevention and Freedom From Hunger Improvement Act of
             2000
106-346     National Terrorist Asset Trading Center
106-309     Microenterprise for Self-Reliance and International Anti-
             Corruption Act of 2000
106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
106-309     International Anti-Corruption and Good Governance Act of
             2000 (title II)
106-309     International Academic Opportunities Act of 2000 (title III)
106-309     Support for Overseas Cooperative Development Act (sec. 401)
106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
106-286     U.S.-China Relations Act of 2000
106-280     Security Assistance Act of 2000
106-279     Intercountry Adoption Act of 2000
106-264     Global AIDS and Tuberculosis Relief Act of 2000
106-264     Global AIDS Research and Relief Act of 2000 (title I)
106-264     International Tuberculosis Control Act of 2000 (title II)
106-256     Oceans Act of 2000
106-247     Neotropical Migratory Bird Conservation Act
106-212     American Institute in Taiwan Facilities Enhancement Act
106-200     Trade and Development Act of 2000
106-200     African Growth and Opportunity Act (title I)
106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178     Iran and Syria Nonproliferation Act (formerly Iran
             Nonproliferation Act of 2000)
106-158     Export Enhancement Act of 1999
106-120     Intelligence Authorization Act for Fiscal Year 2000
106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
106-113     Consolidated Appropriations, Fiscal Year 2000
106-113     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2000 (H.R. 3422, enacted by reference)
106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
             by reference)
106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
             Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
             enacted by reference)
106-113     Secure Embassy Construction and Counterterrorism Act of 1999
             (title VI, division A, H.R. 3427, enacted by reference)
106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
             VIII, division A, H.R. 3427, enacted by reference)
106-113     United Nations Reform Act of 1999 (title IX, division A,
             H.R. 3427, enacted by reference)
106-113     Arms Control, Nonproliferation, and Security Assistance Act
             of 1999 (division B, H.R. 3427, enacted by reference)
106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
             division B, H.R. 3427, enacted by reference)
106-113     National Security and Corporate Fairness under the
             Biological Weapons Convention Act (chapter 2, subtitle A,
             title XI, division B, H.R. 3427, enacted by reference)
106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
             enacted by reference)
106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
             XII, H.R. 3427, enacted by reference)
106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
             E, title XII, H.R. 3427, enacted by reference)
106-113     International Arms Sales Code of Conduct Act of 1999
             (subtitle F, title XII, H.R. 3427, enacted by reference)
106-108     Arctic Tundra Habitat Emergency Conservation Act
106-87      Torture Victims Relief Reauthorization Act of 1999
106-79      Department of Defense Appropriations Act, 2000
106-65      National Defense Authorization Act for Fiscal Year 2000
106-65      Panama Canal Commission Authorization Act for Fiscal Year
             2000 (title XXXV)
106-38      National Missile Defense Act of 1999
106-36      Miscellaneous Trade and Technical Corrections Act of 1999
106-35      Western Hemisphere Drug Elimination Technical Corrections
             Act
106-30      Peace Corps Reauthorization
105-385     Africa: Seeds of Hope Act of 1998
105-384     Governing International Fisheries Agreement with Poland
105-382     Department of State Special Agents Retirement Act of 1998
105-366     International Anti-Bribery and Fair Competition Act of 1998
105-362     Federal Reports Elimination Act of 1998
105-338     Iraq Liberation Act of 1998
105-323     Extradition Treaties Interpretation Act of 1998
105-319     Irish Peace Process Cultural and Training Program Act of
             1998
105-312     Rhinoceros and Tiger Conservation Act of 1998
105-303     Commercial Space Act of 1998
105-292     International Religious Freedom Act of 1998
105-277     Omnibus Consolidated and Emergency Supplemental
             Appropriations Act for Fiscal Year 1999
105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
             A, sec. 101(h), title IX)
105-277     Trade Deficit Review Commission Act (division A, sec. 127)
105-277     Office of National Drug Control Policy Reauthorization Act
             of 1998 (division C, title VII)
105-277     Western Hemisphere Drug Elimination Act (division C, title
             VIII)
105-277     Foreign Affairs Reform and Restructuring Act of 1998
             (division G)
105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
             G, subdivision A)
105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
             1999 (division G, subdivision B)
105-277     United Nations Reform Act of 1998 (division G, subdivision
             C)
105-277     European Security Act of 1998 (division G, title XXVII)
105-277     Chemical Weapons Convention Implementation Act of 1998
             (division I)
105-262     Department of Defense Appropriations Act, 1999
105-261     Strom Thurmond National Defense Authorization Act for Fiscal
             Year 1999
105-261     Defense Against Weapons of Mass Destruction Act of 1998
             (title XIV)
105-261     Panama Canal Commission Authorization Act for Fiscal Year
             1999 (title XXXV)
105-261     Radio Free Asia Act of 1998 (title XXXIX)
105-246     Nazi War Crimes Disclosure Act
105-235     Finding the Government of Iraq in Unacceptable and Material
             Breach of Its International Obligations
105-217     African Elephant Conservation Reauthorization Act of 1998
105-194     Agriculture Export Relief Act of 1998
105-186     U.S. Holocaust Assets Commission Act of 1998
105-174     1998 Supplemental Appropriations and Rescissions Act
105-173     International Parental Kidnapping Crime Act
105-158     Holocaust Victims Redress Act
105-119     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1998
105-107     Intelligence Authorization Act for Fiscal Year 1998
105-100     Nicaraguan Adjustment and Central American Relief Act (title
             II)
105-96      Asian Elephant Conservation Act of 1997
105-85      National Defense Authorization Act for Fiscal Year 1998
105-42      International Dolphin Conservation Program Act
104-319     Human Rights, Refugee, and Other Foreign Relations
             Provisions Act of 1996
104-309     Records Relating to Nazi War Crimes
104-297     Sustainable Fisheries Act
104-293     Intelligence Authorization Act for Fiscal Year 1997
104-293     Combatting Proliferation of Weapons of Mass Destruction Act
             of 1996 (title VII)
104-269     Release of USIA Materials: VOA, Radio Marti Recordings
104-264     Federal Aviation Reauthorization Act of 1996
104-227     Antarctic Science, Tourism, and Conservation Act of 1996
104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
104-208     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1997 (title I, sec. 101(c))
104-208     NATO Enlargement Facilitation Act of 1996 (title VI, sec.
             101(c))
104-203     Most-Favored-Nation Treatment for Cambodia
104-201     National Defense Authorization Act for Fiscal Year 1997
104-201     Defense Against Weapons of Mass Destruction Act of 1996
             (title XIV)
104-201     Panama Canal Commission Authorization Act for Fiscal Year
             1997 (title XXXV, subtitle A)
104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
104-172     Iran and Libya Sanctions Act of 1996
104-171     Most-Favored-Nation Treatment for Romania
104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
             1997
104-162     Most-Favored-Nation Treatment for People's Republic of
             Bulgaria
104-161     Release of USIA Materials: ``Fragile Ring of Life''
104-134     USEC Privatization Act
104-132     Antiterrorism and Effective Death Penalty Act of 1996
104-127     Federal Agriculture Improvement and Reform Act of 1996
104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
             1996
104-106     National Defense Authorization Act for Fiscal Year 1996
104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
104-93      Intelligence Authorization Act for Fiscal Year 1996
104-72      Au Pair Extension
104-66      Federal Reports Elimination and Sunset Act of 1995
104-45      Jerusalem Embassy Act of 1995
104-43      Fisheries Act of 1995
104-43      High Seas Fishing Compliance Act of 1995 (title I)
104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
             II)
104-43      Atlantic Tunas Convention Act of 1995 (title III)
104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
             VI)
104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
             Year 1997
104-6       Emergency Supplemental Appropriations and Rescissions for
             the Department of Defense to Preserve and Enhance Military
             Readiness Act of 1995
104-6       Mexican Debt Disclosure Act of 1995 (title IV)
103-465     Uruguay Rounds Agreements Act
103-465     Export Enhancement Program Amendments of 1994 (title IV,
             subtitle A, part II, sec. 411(a))
103-447     International Narcotics Control Corrections Act of 1994
103-447     NATO Participation Act of 1994 (title II)
103-423     United States Policy Toward Haiti
103-416     Visa for Officials of Taiwan
103-392     Jobs Through Trade Expansion Act of 1994
103-391     Rhinoceros and Tiger Conservation Act of 1994
103-381     African Conflict Resolution Act
103-372     To Provide for an Investigation of the Whereabouts of U.S.
             Citizens Missing From Cyprus Since 1974
103-337     National Defense Authorization Act for Fiscal Year 1995
103-306     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1995
103-294     Helsinki Human Rights Day
103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
             1995
103-236     Mike Mansfield Fellowship Act (title II, part C)
103-236     United States International Broadcasting Act of 1994 (title
             III)
103-236     Spoils of War Act of 1994 (title V, part B)
103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
103-236     Cambodian Genocide Justice Act (title V, part D)
103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
             part A)
103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
103-236     Protection and Reduction of Government Secrecy Act (title
             IX)
103-206     Coast Guard Authorization Act of 1993
103-199     Act For Reform in Emerging New Democracies and Support and
             Help for Improved Partnership with Russia, Ukraine, and
             Other New Independent States (FRIENDSHIP Act)
103-182     North American Free Trade Agreement Implementation Act
103-160     National Defense Authorization Act for Fiscal Year 1994
103-160     Cooperative Threat Reduction Act of 1993 (title XII)
103-160     Defense Conversion, Reinvestment, and Transition Assistance
             Amendments of 1993 (title XIII)
103-160     National Shipbuilding and Shipyard Conversion Act of 1993
             (title XIII, subtitle D)
103-160     Panama Canal Commission Authorization Act for Fiscal Year
             1994 (title XXXV)
103-158     Act to Honor the Victims of the Bombing of Pan Am Flight 103
103-149     South African Democratic Transition Support Act of 1993
103-133     Nondiscriminatory Treatment Toward Products of Romania
103-125     Middle East Peace Facilitation Act of 1993
102-588     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1993
102-587     Oceans Act of 1992
102-587     North Pacific Anadromous Stocks Convention Act of 1992
             (title VIII)
102-582     High Seas Driftnet Fisheries Enforcement Act
102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
             III)
102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
102-565     Peace Corps Authorization for Fiscal Year 1993
102-549     Jobs Through Exports Act of 1992
102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
102-549     Enterprise for the Americas Act of 1992 (title VI)
102-532     Enterprise for the Americas Initiative Act of 1992
102-523     International Dolphin Conservation Act of 1992
102-511     Freedom for Russia and Emerging Eurasian Democracies and
             Open Markets Support Act of 1992 (FREEDOM Support Act)
102-509     Soviet Scientists Immigration Act of 1992
102-486     Energy Policy Act of 1992
102-484     National Defense Authorization Act for Fiscal Year 1993
102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
102-484     Cuban Democracy Act of 1992 (title XVII)
102-484     Panama Canal Commission Authorization Act for Fiscal Year
             1993 (title XXXV)
102-454     Distribution of USIA Materials
102-450     Asian/Pacific American Heritage Month--Designation
102-429     Export Enhancement Act of 1992
102-420     Withdrawal of MFN From Serbia and Montenegro
102-404     Chinese Student Protection Act of 1992
102-396     Department of Defense Appropriations Act, 1993
102-391     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1993
102-383     United States-Hong Kong Policy Act of 1992
102-372     Tourism Policy and Export Promotion Act of 1992
102-363     Nondiscriminatory Treatment Toward Products of Albania
102-311     International Peacekeeping Act of 1992
102-274     Horn of Africa Recovery and Food Security Act
102-270     Peace Process in Liberia
102-256     Torture Victim Protection Act of 1991
102-247     Omnibus Insular Areas Act of 1992
102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
             1991
102-228     Conventional Forces in Europe Treaty Implementation Act of
             1991
102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
102-197     Most-Favored Nation Treatment for the Union of Soviet
             Socialist Republics
102-195     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1992
102-190     National Defense Authorization Act for Fiscal Years 1992 and
             1993
102-190     Missile Defense Act of 1991 (title II, part C)
102-190     Panama Canal Commission Authorization Act for Fiscal Year
             1992 (title XXXV)
102-183     David L. Boren National Security Education Act of 1991
             (title VIII)
102-182     Termination of Trade Restrictions to Czechoslovakia and
             Hungary
102-182     Andean Trade Preference Act (title II)
102-182     Chemical and Biological Weapons Control and Warfare
             Elimination Act of 1991 (title III)
102-158     Most-Favored Nation Treatment for People's Republic of
             Bulgaria
102-157     Most-Favored Nation Treatment for Mongolian People's
             Republic
102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
             1993
102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
102-21      Emergency Supplemental Assistance for Israel Act of 1991
102-20      Foreign Relations Persian Gulf Conflict Emergency
             Supplemental Authorization Act, Fiscal Year 1991
102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
             Security Council Resolution 678
101-649     Immigration Act of 1990
101-647     Crime Control Act of 1990
101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
             1990
101-627     Fishery Conservation Amendments of 1990
101-627     Dolphin Protection Consumer Information Act (title IX)
101-624     Food, Agriculture, Conservation, and Trade Act of 1990
101-624     Agricultural Development and Trade Act of 1990 (title XV)
101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
101-623     International Narcotics Control Act of 1990
101-620     Protection of Antarctica
101-611     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1991
101-610     National and Community Service Act of 1990
101-606     Global Change Research Act of 1990
101-606     International Cooperation in Global Change Research Act of
             1990 (title II)
101-604     Aviation Security Improvement Act of 1990
101-594     Antarctic Protection Act of 1990
101-549     Clean Air Act Amendments
101-541     Most-Favored-Nation Treatment for Czechoslovakia
101-533     Foreign Direct Investment and International Financial Date
             Improvements Act of 1990
101-513     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act 1991
101-513     European Bank for Reconstruction and Development Act (sec.
             562(c))
101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
101-513     International Forestry Cooperation Act of 1990 (title VI)
101-511     Department of Defense Appropriations Act, 1991
101-510     National Defense Authorization Act for Fiscal Year 1991
101-510     Panama Canal Commission Authorization Act for Fiscal Year
             1991 (title XXXV)
101-454     Eisenhower Exchange Fellowship Act of 1990
101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
101-438     Rio Grande American Canal Extension Act of 1990
101-382     Customs and Trade Act of 1990
101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
             (title II)
101-382     Forest Resources Conservation and Shortage Relief Act of
             1990 (title IV)
101-380     Oil Pollution Act of 1990
101-328     National Space Council Authorization Act of 1990
101-298     Biological Weapons Anti-Terrorism Act of 1989
101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
             1991
101-246     PLO Commitments Compliance Act of 1989 (title VIII)
101-243     Urgent Assistance for Democracy in Panama Act of 1990
101-240     International Development and Finance Act of 1989
101-240     Foreign Debt Reserving Act of 1989 (title IV)
101-240     Global Environmental Protection Assistance Act of 1989
             (title VII)
101-231     International Narcotics Control Act of 1989
101-219     Implementation of Compact of Free Association With Palau
101-216     Arms Control and Disarmament Amendments Act of 1989
101-215     Survival Assistance for Victims of Civil Strife in Central
             America
101-189     National Defense Authorization Act for Fiscal Years 1990 and
             1991
101-179     Support for East European Democracy (SEED) Act of 1989
101-167     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1990
101-162     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1990
101-62      Implementing Agreement for Vienna Convention on Diplomatic
             Relations
100-705     Panama Canal Commission Compensation Fund Act of 1988
100-690     International Narcotics Control Act of 1988 (title IV)
100-685     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1989
100-629     U.S.-U.S.S.R. Fishing Agreement
100-576     Bangladesh Disaster Assistance Act of 1988
100-530     International Cooperation to Protect Biological Diversity
100-478     African Elephant Conservation Act (title II)
100-465     Rio Grande Pollution Correction Act of 1987
100-463     Department of Defense Appropriations Act, 1989
100-461     Overseas Private Investment Corporation Amendments Act of
             1988 (H.R. 5263, enacted by reference)
100-461     Miscellaneous International Affairs Authorization Act of
             1988 (S. 2757, enacted by reference)
100-460     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1989
100-456     National Defense Authorization Act, Fiscal Year 1989
100-449     United States-Canada Free Trade Agreement Implementation Act
             of 1988
100-418     Omnibus Trade and Competitiveness Act of 1988
100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
             part 4)
100-418     Export Enhancement Act 1988 (title II)
100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
             part II)
100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
             part II)
100-418     Multilateral Export Control Enhancement Amendments Act
             (title II, subtitle D, part II)
100-418     Exchange Rates and International Economic Policy
             Coordination Act of 1988 (title III, subtitle A)
100-418     International Debt Management Act of 1988 (title III,
             subtitle B)
100-418     Multilateral Development Banks Procurement Act (title III,
             subtitle C)
100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
             (title III, subtitle D)
100-418     Primary Dealers Act of 1988 (title III, subtitle F)
100-418     Financial Reports Act of 1988 (title III, subtitle G)
100-418     Agricultural Competitiveness and Trade Act of 1988 (title
             IV)
100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
             subtitle G)
100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
             subtitle A, part I)
100-418     Competitiveness Policy Council Act (title V, part I,
             subtitle C)
100-418     Small Business International Trade and Competitiveness Act
             (title VII)
100-418     Foreign Shipping Practices Act of 1988 (title X)
100-393     Dire Emergency Supplemental Appropriations Act, 1988
100-373     International Energy Emergency Authorities: Extension
100-350     German Democratic Republic Fishery Agreement
100-330     South Pacific Tuna Act of 1988
100-300     International Child Abduction Remedies Act
100-276     Central American Peace Assistance
100-220     United States-Japan Fishery Agreement Approval Act of 1987
100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
             1987 (title IV)
100-213     Arms Control and Disarmament Amendments Act of 1987
100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
             1989
100-204     United States Information Agency Authorization Act, Fiscal
             Years 1988 and 1989 (title II)
100-204     Board for International Broadcasting Authorization Act,
             Fiscal Years 1988 and 1989 (title V)
100-204     Anti-Terrorism Act of 1987 (title X)
100-204     Global Climate Protection Act of 1987 (title XI)
100-203     Omnibus Budget Reconciliation Act of 1987
100-202     Continuing Appropriations, Fiscal Year 1988
100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
             VII)
100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
             101(a), title VIII)
100-202     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1988 (sec. 101(e))
100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
             H.R. 3570, enacted by reference, title IV)
100-180     National Defense Authorization Act for Fiscal Years 1988 and
             1989
100-147     National Aeronautics and Space Administration Authorization
             Act of 1988
100-113     Federal Triangle Development Act
100-66      United States-Korea Fishery Agreement
99-661      National Defense Authorization Act, Fiscal Year 1987
99-661      Department of Defense Authorization Act, 1987 (Division A)
99-658      Approval of the Compact of Free Association With the
             Government of Palau
99-630      Humpback Whales Wildlife Sanctuary (West Indies)
99-603      Immigration Reform and Control Act of 1986
99-570      International Narcotics Control Act of 1986 (title II)
99-529      Special Foreign Assistance Act of 1986
99-513      R.M.S. Titanic Maritime Memorial Act of 1986
99-498      Higher Education Amendments of 1986
99-475      Release of USIA Materials to Museums
99-472      Export-Import Bank Act Amendments of 1986
99-415      Anglo-Irish Agreement Support Act of 1986
99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
99-399      Diplomatic Security Act (titles I-IV)
99-399      Victims of Terrorism Compensation Act (title VIII)
99-399      International Maritime and Port Security Act (title IX)
99-399      Fascell Fellowship Act (title X)
99-239      Compact of Free Association Act of 1985
99-198      Food Security Act of 1985
99-198      Food for Progress Act of 1985 (sec. 1110)
99-190      Further Continuing Appropriations, 1985
99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
             2253, enacted by reference)
99-183      Agreement for Nuclear Cooperation Between the United States
             and China
99-180      Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1986
99-177      Balanced Budget and Emergency Deficit Control Act of 1985
             [Gramm-Rudman-Hollings Act]
99-162      Sales of Arms to Jordan
99-145      Department of Defense Authorization Act, 1986
99-145      Relating to the approval and implementation of the proposed
             agreement for nuclear cooperation between the United States
             and the People's Republic of China
99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
             1987
99-93       United States Information Agency Authorization Act, Fiscal
             Years 1986 and 1987 (title II)
99-93       Board for International Broadcasting Authorization Act,
             Fiscal Years 1986 and 1987 (title III)
99-93       Iran Claims Settlement (title V)
99-93       United States Scholarship Program for Developing Countries
             Authorization, Fiscal Years 1986 & 1987 (title VI)
99-93       Arms Control and Disarmament Act Authorization for Fiscal
             Years 1986 and 1987 (title VII)
99-88       Supplemental Appropriations Act, 1985
99-88       Jordan Supplemental Economic Assistance Authorization Act of
             1985 (title IV)
99-85       Authorization for an Improved U.S./Soviet Direct
             Communications Link
99-83       International Security and Development Cooperation Act of
             1985
99-83       International Narcotics Control Act of 1985 (title VI)
99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
             (title XI)
99-64       Export Administration Amendments Act of 1985
99-47       United States-Israel Free Trade Area Implementation Act of
             1985
 99-8       African Famine Relief and Recovery Act of 1985
 99-5       Pacific Salmon Treaty Act of 1985
98-623      Governing International Fishery Agreements With Iceland and
             the European Economic Community (title I)
98-623      Antarctic Marine Living Resources Convention Act of 1984
             (title III)
98-618      Intelligence Authorization Act for Fiscal Year 1985
98-573      Trade and Tariff Act of 1984
98-573      International Trade and Investment Act (title III)
98-573      Generalized System of Preferences Renewal Act of 1984 (title
             V)
98-573      Steel Import Stabilization Act (title VIII)
98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
98-562      Cooperative East-West Ventures in Space
98-533      1984 Act to Combat International Terrorism
98-525      Department of Defense Authorization Act, 1985
98-525      United States Institute for Peace Act (title XVII)
98-473      Continuing Appropriations, 1985
98-473      Inter-American Investment Corporation Act (title II, S.
             2416, enacted by reference)
98-473      President's Emergency Food Assistance Act of 1984 (title
             III)
98-447      United States Government Opposition to the Practice of
             Torture
98-445      Eastern Pacific Tuna Licensing Act of 1984
98-373      Arctic Research and Policy Act of 1984 (title I)
98-373      National Critical Materials Act of 1984 (title II)
98-266      Clement J. Zablocki Memorial Outpatient Facility, American
             Children's Hospital, Krakow, Poland
98-258      Agricultural Programs Adjustment Act of 1984
98-258      Agricultural Exports (title V)
98-198      Child Health Revolution
98-181      Supplemental Appropriations Act, 1984
98-181      Trade and Development Enhancement Act of 1983 (title VI,
             part C)
98-181      International Lending Supervision Act of 1983 (title IX)
98-181      Multilateral Development Banks: Sense of Congress (title X)
98-164      Department of State Authorization Act, Fiscal Years 1984 and
             1985 (titles I, X)
98-164      United States Information Agency Authorization Act, Fiscal
             Years 1984 and 1985 (title II)
98-164      Board for International Broadcasting Authorization Act,
             Fiscal Years 1984 and 1985 (title III)
98-164      Asia Foundation Act (title IV)
98-164      National Endowment for Democracy Act (title V)
98-164      Foreign Missions Amendments Act (title VI)
98-164      International Environmental Protection Act of 1983 (title
             VII)
98-164      Research and Training for Eastern Europe and the Independent
             States of the Former Soviet Union Act of 1983 (title VIII)
98-164      United States-India Fund for Cultural, Educational, and
             Scientific Cooperation Act (title IX)
98-151      Continuing Resolution, 1984
98-151      Foreign Assistance and Related Programs Appropriations Act,
             1984 (sec. 101(b)(1))
98-151      International Security and Development Assistance
             Authorization Act of 1983 (sec. 101(b)(2))
98-119      Multinational Force in Lebanon Resolution
98-111      Radio Broadcasting to Cuba Act
98-94       Department of Defense Authorization Act, 1984
98-67       Caribbean Basin Economic Recovery Act (title II)
98-43       Lebanon Emergency Assistance Act of 1983
97-446      Convention on Cultural Property Implementation Act (title
             III)
97-425      Nuclear Waste Policy Act of 1982
97-418      Protection of Foreign Missions
97-389      Fisheries Amendments of 1982
97-389      Atlantic Salmon Convention Act of 1982 (title III)
97-389      Governing International Fishery Agreements with Japan and
             Spain (title IV)
97-325      International Carriage of Perishable Foodstuffs Act
97-290      Export Trading Company Act of 1982 (title I)
97-290      Bank Export Services Act (title II)
97-252      Department of Defense Authorization Act, 1983
97-241      Department of State Authorization Act, Fiscal Years 1982 and
             1983
97-241      Foreign Missions Act (title II)
97-241      United States Information Agency Authorization Act, Fiscal
             Years 1982 and 1983 (title III)
97-241      Board for International Broadcasting Authorization Act,
             Fiscal Years 1982 and 1983 (title IV)
97-229      Energy Emergency Preparedness Act of 1982
97-145      Export Administration Amendments Act of 1981
97-132      Multinational Force and Observers Participation Resolution
97-127      Czechoslovakian Claims Settlement Act of 1981
97-113      International Security and Development Cooperation Act of
             1981
97-98       Agriculture and Food Act of 1981
97-98       Agriculture Trade and Export Policy Commission Act (title
             XII, subtitle C)
97-35       African Development Bank Act (title XIII, subtitle B, part
             3)
96-599      International Coffee Agreement Act of 1980
96-561      American Fisheries Promotion Act (title II)
96-533      International Security and Development Cooperation Act of
             1980
96-533      African Development Foundation Act (title V)
96-494      Agriculture Act of 1980
96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
             II)
96-494      Bill Emerson Humanitarian Trust Act (title III)
96-487      Alaska National Interests Lands Conservation Act
96-478      Act to Prevent Pollution from Ships
96-465      Foreign Service Act of 1980
96-449      Hostage Relief Act of 1980
96-422      Refugee Education Assistance Act of 1980
96-389      Bretton Woods Agreements Act Amendments, 1980
96-339      Atlantic Tunas Convention Act of 1975, Appropriation
             Authorization
96-323      North Atlantic Treaty Organization Mutual Support Act of
             1979
96-283      Deep Seabed Hard Mineral Resources Act
96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
             Cooperation
96-271      International Natural Rubber Agreement Appropriation
             Authorization for Fiscal Year 1981
96-259      Providing for Increased Participation by the United States
             in the Inter-American and Asian Development Banks and
             African Development Fund
96-236      International Sugar Agreement, 1977, Implementation
96-212      Refugee Act of 1980
96-175      Strategic and Critical Materials Transaction Authorization
             Act of 1979
96-133      Energy Policy and Conservation Act Amendments
96-92       International Security Assistance Act of 1979
96-72       Export Administration Act of 1979
96-70       Panama Canal Act of 1979
96-60       Department of State Authorization Act, Fiscal Years 1980 and
             1981 (title I)
96-60       International Communication Agency Authorization Act, Fiscal
             Years 1980 and 1981 (title II)
96-53       International Development Cooperation Act of 1979
96-39       Trade Agreements Act of 1979
96-35       Special International Security Assistance Act of 1979
 96-9       Reaffirming North Atlantic Alliance--United States
             Commitment
 96-8       Taiwan Relations Act
95-630      Financial Institutions Regulatory and Interest Rate Control
             Act of 1978
95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
95-561      Education Amendments of 1978
95-561      National Academy of Peace and Conflict Resolution (title XV,
             part B)
95-511      Foreign Intelligence Surveillance Act of 1978
95-501      Agricultural Trade Act of 1978
95-485      Department of Defense Appropriation Authorization Act, 1979
95-452      Inspector General Act of 1978
95-435      Bretton Woods Agreements Act Amendments, 1978
95-426      Foreign Relations Authorization Act, Fiscal Year 1979
95-426      International Communication Agency Authorization for Fiscal
             Year 1979 (title II)
95-424      International Development and Food Assistance Act of 1978
95-393      Diplomatic Relations Act
95-384      International Security Assistance Act of 1978
95-287      Reaffirming the Unity of the North Atlantic Alliance
             Commitment
95-242      Nuclear Non-Proliferation Act of 1978
95-238      Department of Energy Act of 1978
95-223      International Emergency Economic Powers Act (title II)
95-213      Foreign Corrupt Practices Act of 1977 (title I)
95-118      International Financial Institutions Act
95-113      Food and Agriculture Act of 1977
95-105      Foreign Relations Authorization Act, Fiscal Year 1978
95-105      United States Information Agency Authorization for Fiscal
             Year 1978 (title II)
95-92       International Security Assistance Act of 1977
95-88       International Development and Food Assistance Act of 1977
 95-6       Fishery Conservation Zone Transition Act
94-583      Foreign Sovereign Immunities Act of 1976
94-472      International Investment and Trade in Services Survey Act
94-412      National Emergencies Act
94-350      Foreign Relations Authorization Act, Fiscal Year 1977
94-350      United States Information Agency Authorization for Fiscal
             Year 1977 (title II)
94-350      Foreign Service Retirement Amendments of 1976 (title V)
94-329      International Security Assistance and Arms Export Control
             Act of 1976
94-304      Establishing a Commission on Security and Cooperation in
             Europe
94-302      African Development Fund Act (title II)
94-265      Magnuson-Stevens Fishery Conservation and Management Act of
             1976
94-265      Driftnet Act Amendments of 1990 (sec. 206)
94-163      Energy Policy and Conservation Act
94-161      International Development and Food Assistance Act of 1975
94-141      Foreign Relations Authorization Act, Fiscal Year 1976
94-118      Japan-United States Friendship Act
94-110      Joint Resolution to Implement the United States Proposal for
             the Early-Warning System in Sinai
94-70       Atlantic Tunas Convention Act of 1975
94-39       National Aeronautics and Space Administration Authorization
             Act, 1976
93-627      Deepwater Port Act of 1974
93-618      Trade Act of 1974
93-618      Narcotics Control Trade Act (title VIII)
93-559      Foreign Assistance Act of 1974
93-479      Foreign Investment Study Act of 1974
93-475      State Department/USIA Authorization Act, Fiscal Year 1975
93-366      Antihijacking Act of 1974
93-365      Department of Defense Appropriation Authorization Act, 1975
93-248      Intervention on the High Seas Act
93-205      Endangered Species Act of 1973
93-199      Emergency Security Assistance Act of 1973
93-189      Foreign Assistance Act of 1973
93-188      United Nations Environment Program Participation Act of 1973
93-153      Trans-Alaska Pipeline Authorization Act
93-148      War Powers Resolution
93-129      Board for International Broadcasting Act of 1973
93-126      Department of State Appropriations Authorization Act of 1973
93-110      Par Value Modification Act--Foreign Currency Reports (title
             II)
92-544      Departments of State, Justice, and Commerce, the Judiciary,
             and Related Agencies Appropriations Act, 1973
92-522      Marine Mammal Protection Act of 1972
92-499      Act to Extend Diplomatic Privileges to the Commission of the
             European Communities
92-403      Case Act--Transmittal of International Agreements
92-352      Foreign Relations Authorization Act of 1972
92-268      Par Value Modification Act
92-257      Trust Territory of the Pacific Islands Act
92-226      Foreign Assistance Act of 1971
92-39       Micronesian Claims Act of 1971
91-672      Foreign Military Sales Act Amendments, 1971
91-652      Special Foreign Assistance Act of 1971
91-441      Armed Forces Appropriation Authorization, 1971
91-269      United States Recognition and Participation in International
             Expositions
91-175      Foreign Assistance Act of 1969, as amended
90-629      Arms Export Control Act
90-554      Foreign Assistance Act of 1968
90-553      International Center Act
90-390      Export Loans--Assistance
90-349      Special Drawing Rights Act
90-137      Foreign Assistance Act of 1967
89-732      Cuban Refugee Adjustment Act
89-673      Foreign Gifts and Decorations Act of 1966
89-583      Foreign Assistance Act of 1966
89-532      Convention on the Settlement of Investment Disputes Act of
             1966
89-486      Foreign Agents Registration Act Amendments
89-369      Asian Development Bank Act
89-296      Ryukyu Islands Claims Settlement Act
89-259      Cultural Objects--Importation for Temporary Display
89-171      Foreign Assistance Act of 1965
89-134      Peace Corps Act Amendments
88-633      Foreign Assistance Act of 1964
88-408      Tonkin Gulf Resolution
88-205      Foreign Assistance Act of 1963
87-826      Collection and Publication of Foreign Commerce and Trade
             Statistics
87-794      Trade Expansion Act of 1962
87-733      Cuban Resolution
87-565      Foreign Assistance Act of 1962
87-510      Migration and Refugee Assistance Act of 1962
87-297      Arms Control and Disarmament Act
87-293      Peace Corps Act
87-256      Mutual Educational and Cultural Exchange Act of 1961
87-195      Foreign Assistance Act of 1961
87-195      Tropical Forest Conservation Act of 1998 (part V)
87-125      General Government Matters, Department of Commerce, and
             Related Agencies Appropriation Act, 1962
86-735      Latin American Development Act
86-628      Legislative Branch Appropriation Act, 1961
86-565      International Development Association Act
86-472      Mutual Security Act of 1960
86-472      Center for Cultural and Technical Interchange Between East
             and West Act of 1960 (chapter VII)
86-420      Mexico-United States Interparliamentary Group
86-147      Inter-American Development Bank Act
86-108      Mutual Security Act of 1959
86-42       Canada-United States Interparliamentary Group
85-931      Agricultural Trade Development and Assistance Act of 1954--
             Extension and Amendment
85-846      EURATOM Cooperation Act of 1958
85-568      National Aeronautics and Space Act of 1958
85-474      Departments of State and Justice, the Judiciary, and Related
             Agencies Appropriation Act, 1959
85-177      International Atomic Energy Agency Participation Act of 1957
 85-7       Resolution To Promote Peace and Stability in the Middle East
84-885      State Department Basic Authorities Act of 1956
84-689      United States Group of the North Atlantic Treaty
             Parliamentary Conferences--Participation Resolution
84-350      International Finance Corporation Act
83-703      Atomic Energy Act of 1954
83-680      Fisherman's Protective Act of 1967
83-665      Mutual Security Act of 1954
83-480      Agricultural Trade Development and Assistance Act of 1954
83-451      Civil Government for the Trust Territory of the Pacific
             Islands
82-486      Extending Certain Privileges to Representatives of
             Organization of American States
82-414      Immigration and Nationality Act
81-806      U.S. Participation in Certain International Organizations
81-764      Tuna Conventions Act of 1950
81-676      Whaling Convention Act of 1949
81-507      National Science Foundation Act of 1950
81-455      International Claims Settlement Act of 1949
81-439      Agricultural Act of 1949
80-772      Act of June 25, 1948
80-772      Logan Act--Private Correspondence With Foreign Governments
80-772      Johnson Act--Financial Transactions With Foreign Governments
80-402      United States Information and Educational Exchange Act of
             1948
80-357      United Nations Headquarters Agreement Act
80-253      National Security Council
79-547      Act of July 25, 1946
79-291      International Organizations Immunities Act
79-264      United Nations Participation Act of 1945
79-173      Export-Import Bank Act of 1945
79-171      Bretton Woods Agreements Act
76-54       Neutrality Act of 1939
75-583      Foreign Agents Registration Act of 1938
75-543      Act of May 25, 1938
71-361      Tariff Act of 1930
69-186      Foreign Service Buildings Act, 1926
65-91       Trading With the Enemy Act
------------------------------------------------------------------------

                              Appendix II


          Note.--Appendix II lists Public Laws included in 
        Legislation on Foreign Relations Through 2005, either 
        as freestanding law or in amendments, arranged 
        alphabetically by short title or popular name with 
        corresponding Public Law number.




 
------------------------------------------------------------------------
                                                              Public Law
                         Short Title                              No.
------------------------------------------------------------------------
1984 Act to Combat International Terrorism..................  98-533
1998 Supplemental Appropriations and Rescissions Act........  105-174
2002 Supplemental Appropriations Act for Further Recovery     107-206
 From and Response to Terrorist Attacks on the United States
9/11 Commission Implementation Act of 2004 (title VII)......  108-458
AGOA Acceleration Act of 2004...............................  108-274
Act For Reform In Emerging New Democracies and Support and    103-199
 Help for Improved Partnership with Russia, Ukraine, and
 Other New Independent States (FRIENDSHIP Act)..............
Act of May 25, 1938.........................................  75-543
Act of July 25, 1946........................................  79-547
Act of June 25, 1948........................................  80-772
Act to Extend Diplomatic Privileges to the Commission of the  92-499
 European Communities.......................................
Act to Honor the Victims of the Bombing of Pan Am Flight....  103-158
Act to Prevent Pollution from Ships.........................  96-478
Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
 enacted by reference)......................................
Afghan Women and Children Relief Act of 2001................  107-81
Afghanistan Freedom Support Act of 2002.....................  107-327
Africa: Seeds of Hope Act of 1998...........................  105-385
African Conflict Resolution Act.............................  103-381
African Development Bank Act (title XIII, subtitle B, part    97-35
 3).........................................................
African Development Foundation Act (title V)................  96-533
African Development Fund Act (title II).....................  94-302
African Elephant Conservation Act (title II)................  100-478
African Elephant Conservation Reauthorization Act of 1998...  105-217
African Elephant Conservation Reauthorization Act of 2001...  107-111
African Famine Relief and Recovery Act of 1985..............   99-8
African Growth and Opportunity Act (title I)................  106-200
Agreement for Nuclear Cooperation Between the United States   99-183
 and China..................................................
Agricultural Act of 1949....................................  81-439
Agricultural Competitiveness and Trade Act of 1988 (title     100-418
 IV)........................................................
Agricultural Development and Trade Act of 1990 (title XV)...  101-624
Agricultural Exports (title V)..............................  98-258
Agricultural Programs Adjustment Act of 1984................  98-258
Agricultural Trade Act of 1978..............................  95-501
Agricultural Trade Development and Assistance Act of 1954...  83-480
Agricultural Trade Development and Assistance Act of 1954--   85-931
 Extension and Amendment....................................
Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
 II)........................................................
Agriculture and Food Act of 1981............................  97-98
Agriculture Export Relief Act...............................  105-194
Agriculture, Rural Development, Food and Drug                 109-97
 Administration, and Related Agencies Appropriations Act,
 2006.......................................................
Agriculture Trade and Export Policy Commission Act (title     97-98
 XII, subtitle C)...........................................
Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
Alaska National Interests Lands Conservation Act............  96-487
Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
 Environment Cooperation Commission and North American
 Development Bank...........................................
American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
 part II)...................................................
American Fisheries Promotion Act (title II).................  96-561
American Institute in Taiwan Facilities Enhancement Act.....  106-212
American Servicemembers Protection Act (title II)...........  107-206
Andean Trade Preference Act (title II)......................  102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
Anglo-Irish Agreement Support Act of 1986...................  99-415
Antarctic Marine Living Resources Convention Act of 1984      98-623
 (title III)................................................
Antarctic Protection Act of 1990............................  101-594
Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
Anti-Terrorism Act of 1987 (title X)........................  100-204
Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
Antihijacking Act of 1974...................................  93-366
Approval of the Compact of Free Association With the          99-658
 Government of Palau........................................
Approving the Renewal of Import Restrictions--Burma.........  108-272
Arctic Research and Policy Act of 1984 (title I)............  98-373
Arctic Tundra Habitat Emergency Conservation Act............  106-108
Armed Forces Appropriation Authorization, 1971..............  91-441
Arms Control and Disarmament Act............................  87-297
Arms Control and Disarmament Act Authorization for Fiscal     99-93
 Years 1986 and 1987 (title VII)............................
Arms Control and Disarmament Amendments Act of 1987.........  100-213
Arms Control and Disarmament Amendments Act of 1989.........  101-216
Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
 part A)....................................................
Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
 division B, H.R. 3427, enacted by reference)...............
Arms Control, Nonproliferation, and Security Assistance Act   106-113
 of 1999 (division B, H.R. 3427, enacted by reference)......
Arms Export Control Act.....................................  90-629
Asia Foundation Act (title IV)..............................  98-164
Asian Development Bank Act..................................  89-369
Asian Elephant Conservation Act of 1997.....................  105-96
Asian Elephant Conservation Reauthorization Act of 2002.....  107-141
Asian/Pacific American Heritage Month--Designation..........  102-450
Assistance for International Malaria Control Act............  106-570
Assistance for Orphans and Other Vulnerable Children in       109-95
 Developing Countries Act of 2005...........................
Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
Atlantic Tunas Convention Act of 1975.......................  94-70
Atlantic Tunas Convention Act of 1975, Appropriation          96-339
 Authorization..............................................
Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
 III).......................................................
Atomic Energy Act of 1954...................................  83-703
Au Pair Extension...........................................  104-72
Authorization for an Improved U.S./Soviet Direct              99-85
 Communications Link........................................
Authorization for Use of Military Force [international        107-40
 terrorism].................................................
Authorization for Use of Military Force Against Iraq          107-243
 Resolution of 2002.........................................
Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
 Security Council Resolution 678............................
Aviation Security Improvement Act of 1990...................  101-604
Balanced Budget and Emergency Deficit Control Act of 1985     99-177
 [Gramm-Rudman-Hollings Act]................................
Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
Bangladesh Disaster Assistance Act of 1988..................  100-576
Bank Export Services Act (title II).........................  97-290
Belarus Democracy Act of 2004...............................  108-347
Bill Emerson Humanitarian Trust Act (title III).............  96-494
Biological Weapons Anti-Terrorism Act of 1989...............  101-298
Bipartian Trade Promotion Authority Act of 2002 (title XXI).  107-210
Board for International Broadcasting Act of 1973............  93-129
Board for International Broadcasting Appropriations, 1988     100-202
 (sec. 101(a), title V).....................................
Board for International Broadcasting Authorization Act,       97-241
 Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act,       98-164
 Fiscal Years 1984 and 1985 (title III).....................
Board for International Broadcasting Authorization Act,       99-93
 Fiscal Years 1986 and 1987 (title III).....................
Board for International Broadcasting Authorization Act,       100-204
 Fiscal Years 1988 and 1989 (title V).......................
Bob Stump National Defense Authorization Act for Fiscal Year  107-314
 2003.......................................................
Bretton Woods Agreements Act................................  79-171
Bretton Woods Agreements Act Amendments, 1978...............  95-435
Bretton Woods Agreements Act Amendments, 1980...............  96-389
Bring Them Home Alive Act of 2000...........................  106-484
Cambodian Genocide Justice Act (title V, part D)............  103-236
Canada-United States Interparliamentary Group...............  86-42
Cape Town Treaty Implementation Act of 2004.................  108-297
Caribbean Basin Economic Recovery Act (title II)............  98-67
Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
 (title II).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002  107-365
Case Act--Transmittal of International Agreements...........  92-403
Center for Cultural and Technical Interchange Between East    86-472
 and West Act of 1960 (chapter VII).........................
Central American Peace Assistance...........................  100-276
Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
 III).......................................................
Chemical and Biological Weapons Control and Warfare           102-182
 Elimination Act of 1991 (title III)........................
Chemical Weapons Convention Implementation Act of 1998        105-277
 (division I)...............................................
Child Health Revolution.....................................  98-198
Chinese Student Protection Act of 1992......................  102-404
Civil Government for the Trust Territory of the Pacific       83-451
 Islands....................................................
Clean Air Act Amendments....................................  101-549
Clean Diamond Trade Act.....................................  108-19
Clean Water for the Americas Partnership Act of 2002          107-228
 (division A, title VI, subtitle D).........................
Clement J. Zablocki Memorial Outpatient Facility, American    98-266
 Children's Hospital, Krakow, Poland........................
Coast Guard Authorization Act of 1993.......................  103-206
Collection and Publication of Foreign Commerce and Trade      87-826
 Statistics.................................................
Combatting Proliferation of Weapons of Mass Destruction Act   104-293
 of 1996 (title VII)........................................
Commercial Space Act of 1998................................  105-303
Compact of Free Association Act of 1985.....................  99-239
Competitiveness Policy Council Act (title V, part I,          100-418
 subtitle C)................................................
Comprehensive Peace in Sudan Act of 2004....................  108-497
Congo Basin Forest Partnership Act of 2004..................  108-200
Consolidated Appropriations Act, 2005.......................  108-447
Continuing Appropriations, Fiscal Year 2006.................  109-77
Continuing Resolution, 1984.................................  98-151
Convention on Cultural Property Implementation Act (title     97-446
 III).......................................................
Convention on the Settlement of Investment Disputes Act of    89-532
 1966.......................................................
Conventional Forces in Europe Treaty Implementation Act of    102-228
 1991.......................................................
Cooperative East-West Ventures in Space.....................  98-562
Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
Crime Control Act of 1990...................................  101-647
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
 1996.......................................................
Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
 VII).......................................................
Cuban Refugee Adjustment Act................................  89-732
Cuban Resolution............................................  87-733
Cuban Democracy Act of 1992 (title XVII)....................  102-484
Cultural Objects--Importation for Temporary Display.........  89-259
Customs and Trade Act of 1990...............................  101-382
Customs Border Security Act of 2002 (title III).............  107-210
Czechoslovakian Claims Settlement Act of 1981...............  97-127
Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
David L. Boren National Security Education Act of 1991......  102-183
Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
Deep Seabed Hard Mineral Resources Act......................  96-283
Deepwater Port Act of 1974..................................  93-627
Defense Against Weapons of Mass Destruction Act of 1996       104-201
 (title XIV)................................................
Defense Against Weapons of Mass Destruction Act of 1998       105-261
 (title XIV)................................................
Defense Conversion, Reinvestment, and Transition Assistance   103-160
 Amendments of 1993 (title XIII)............................
Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
 XII, H.R. 3427, enacted by reference)......................
Demilitarization of the Former Soviet Union Act of 1992       102-484
 (title XIV)................................................
Department of Defense and Emergency Supplemental              107-117
 Appropriations for Recovery From and Response To Terrorist
 Attacks on the United States Act, 2002.....................
Department of Defense Appropriation Act, 1976...............  94-212
Department of Defense Appropriation Authorization Act, 1975.  93-365
Department of Defense Appropriation Authorization Act, 1979.  95-485
Department of Defense Appropriations Act, 2006 (division A).  109-148
Department of Defense Authorization Act, 1983...............  97-252
Department of Defense Authorization Act, 1984...............  98-94
Department of Defense Authorization Act, 1985...............  98-525
Department of Defense Authorization Act, 1986...............  99-145
Department of Defense Authorization Act, 1987 (Division A)..  99-661
Department of Defense, Emergency Supplemental Appropriations  109-148
 To Address Hurricanes in the Gulf of Mexico, and Pandemic
 Influenza Act, 2006........................................
Department of Energy Act of 1978............................  95-238
Department of State and Related Agencies Appropriations Act,  109-108
 2006 (title IV)............................................
Department of State Appropriations Authorization Act of 1973  93-126
Department of State Authorization Act, Fiscal Year 2003       107-228
 (division A)...............................................
Department of State Authorization Act, Fiscal Years 1980 and  96-60
 1981 (title I).............................................
Department of State Authorization Act, Fiscal Years 1982 and  97-241
 1983.......................................................
Department of State Authorization Act, Fiscal Years 1984 and  98-164
 1985 (titles I, X).........................................
Department of State Special Agents Retirement Act of 1998...  105-382
Department of the Interior, Environment, and Related          109-54
 Agencies Appropriations Act, 2006..........................
Departments of State and Justice, the Judiciary, and Related  85-474
 Agencies Appropriation Act, 1959...........................
Departments of State, Justice, and Commerce, the Judiciary,   92-544
 and Related Agencies Appropriations Act, 1973..............
Detainee Treatment Act of 2005 (title XIV)..................  109-163
Diplomatic Relations Act....................................  95-393
Diplomatic Security Act (titles I-IV).......................  99-399
Dire Emergency Supplemental Appropriations Act, 1988........  100-393
Distribution of USIA Materials..............................  102-454
Dolphin Protection Consumer Information Act (title IX)......  101-627
Dominican Republic-Central America-United States Free Trade   109-53
 Agreement Implementation Act...............................
Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
 1987 (title IV)............................................
East Timor Transition to Independence Act of 2002 (division   107-228
 A, title VI, subtitle C)...................................
Eastern Pacific Tuna Licensing Act of 1984..................  98-445
Education Amendments of 1978................................  95-561
Eisenhower Exchange Fellowship Act of 1990..................  101-454
Emergency Protection for Iraqi Cultural Antiquities Act of    108-429
 2004 (title III)...........................................
Emergency Security Assistance Act of 1973...................  93-199
Emergency Supplemental Appropriations Act for Defense and     108-106
 for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the    109-13
 Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations To Address Hurricanes   109-148
 in the Gulf of Mexico and Pandemic Influenza Act, 2006
 (division B)...............................................
Emergency Supplemental Appropriations and Rescissions for     104-6
 the Department of Defense to Preserve and Enhance Military
 Readiness Act of 1995......................................
Emergency Supplemental Assistance for Israel Act of 1991....  102-21
Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
 of 1991....................................................
Endangered Species Act of 1973..............................  93-205
Energy Emergency Preparedness Act of 1982...................  97-229
Energy Policy Act of 1992...................................  102-486
Energy Policy Act of 2005...................................  109-58
Energy Policy and Conservation Act..........................  94-163
Energy Policy and Conservation Act Amendments...............  96-133
Enhanced Border Security and Visa Entry Reform Act of 2002..  107-173
Enterprise for the Americas Act of 1992 (title VI)..........  102-549
Enterprise for the Americas Initiative Act of 1992..........  102-532
Establishing a Commission on Security and Cooperation in      94-304
 Europe.....................................................
EURATOM Cooperation Act of 1958.............................  85-846
European Bank for Reconstruction and Development Act (sec.    101-513
 562(c))....................................................
European Security Act of 1998 (division G, title XXVII).....  105-277
Exchange Rates and International Economic Policy              100-418
 Coordination Act of 1988 (title III, subtitle A)...........
Export Administration Act of 1979...........................  96-72
Export Administration Amendments Act of 1981................  97-145
Export Administration Amendments Act of 1985................  99-64
Export Enhancement Act of 1988 (title II)...................  100-418
Export Enhancement Act of 1992..............................  102-429
Export Enhancement Act of 1999..............................  106-158
Export Enhancement Program Amendments of 1994 (title IV,      103-465
 subtitle A, part II, sec. 411(a))..........................
Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
Export-Import Bank Act Amendments of 1986...................  99-472
Export-Import Bank Act of 1945..............................  79-173
Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
 (title III, subtitle D)....................................
Export-Import Bank Reauthorization Act of 2002..............  107-189
Export Loans--Assistance....................................  90-390
Export Trading Company Act of 1982 (title I)................  97-290
Extending Certain Privileges to Representatives of            82-486
 Organization of American States............................
Extradition Treaties Implementation Act of 1998.............  105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
 part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of  106-373
 2000.......................................................
Fascell Fellowship Act (title X)............................  99-399
Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
Federal Agriculture Improvement and Reform Act of 1996......  104-127
Federal Aviation Reauthorization Act of 1996................  104-264
Federal Reports Elimination Act of 1998.....................  105-362
Federal Reports Elimination and Sunset Act of 1995..........  104-66
Federal Triangle Development Act............................  100-113
Financial Institutions Regulatory and Interest Rate Control   95-630
 Act of 1978................................................
Financial Reports Act of 1988 (title III, subtitle G).......  100-418
Finding the Government of Iraq in Unacceptable and Material   105-235
 Breach of Its International Obligations....................
Fisheries Act of 1995.......................................  104-43
Fisheries Amendments of 1982................................  97-389
Fisherman's Protective Act of 1967..........................  83-680
Fishery Conservation Amendments of 1990.....................  101-627
Fishery Conservation Zone Transition Act....................   95-6
Floyd D. Spence National Defense Authorization Act for        106-398
 Fiscal Year 2001...........................................
Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
 1991.......................................................
Food and Agriculture Act of 1977............................  95-113
Food for Progress Act of 1985 (sec. 1110)...................  99-198
Food Security Act of 1985...................................  99-198
Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
 G, subdivision A)..........................................
Foreign Affairs Reform and Restructuring Act of 1998          105-277
 (division G)...............................................
Foreign Agents Registration Act Amendments..................  89-486
Foreign Agents Registration Act of 1938.....................  75-583
Foreign Assistance Act of 1961..............................  87-195
Foreign Assistance Act of 1962..............................  87-565
Foreign Assistance Act of 1963..............................  88-205
Foreign Assistance Act of 1964..............................  88-633
Foreign Assistance Act of 1965..............................  89-171
Foreign Assistance Act of 1966..............................  89-583
Foreign Assistance Act of 1967..............................  90-137
Foreign Assistance Act of 1968..............................  90-554
Foreign Assistance Act of 1969, as amended..................  91-175
Foreign Assistance Act of 1971..............................  92-226
Foreign Assistance Act of 1973..............................  93-189
Foreign Assistance Act of 1974..............................  93-559
Foreign Assistance and Related Programs Appropriations Act,   98-151
 1984 (sec. 101(b)(1))......................................
Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
 subtitle A, part I)........................................
Foreign Corrupt Practices Act of 1977 (title I).............  95-213
Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
Foreign Direct Investment and International Financial Date    101-533
 Improvements Act of 1990...................................
Foreign Gifts and Decorations Act of 1966...................  89-673
Foreign Intelligence Surveillance Act of 1978...............  95-511
Foreign Investment Study Act of 1974........................  93-479
Foreign Military Sales Act Amendments, 1971.................  91-672
Foreign Missions Act (title II).............................  97-241
Foreign Missions Amendments Act (title VI)..................  98-164
Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
Foreign Operations, Export Financing, and Related Programs    100-202
 Appropriations Act, 1988 (sec. 101(e)).....................
Foreign Operations, Export Financing, and Related Programs    100-460
 Appropriations Act, 1989...................................
Foreign Operations, Export Financing, and Related Programs    101-167
 Appropriations Act, 1990...................................
Foreign Operations, Export Financing, and Related Programs    101-513
 Appropriations Act 1991....................................
Foreign Operations, Export Financing, and Related Programs    102-391
 Appropriations Act, 1993...................................
Foreign Operations, Export Financing, and Related Programs    103-306
 Appropriations Act, 1995...................................
Foreign Operations, Export Financing, and Related Programs    104-208
 Supplemental Appropriations Act, 1997 (title I, sec.
 101(c))....................................................
Foreign Operations, Export Financing, and Related Programs    106-113
 Appropriations Act, 2000 (H.R. 3422, enacted by reference).
Foreign Operations, Export Financing, and Related Programs    106-429
 Appropriations Act, 2001...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and  107-115
 Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs     108-7
 Appropriations Act, 2003 (division E)......................
Foreign Operations, Export Financing, and Related Programs    108-199
 Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs    108-447
 Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs    109-102
 Appropriations Act, 2006...................................
Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
Foreign Relations Authorization Act, Fiscal Year 2003.......  107-228
Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
 1987.......................................................
Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
 1989.......................................................
Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
 1991.......................................................
Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
 1993.......................................................
Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
 1995.......................................................
Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
 1999 (division G, subdivision B)...........................
Foreign Relations Authorization Act of 1972.................  92-352
Foreign Relations Persian Gulf Conflict Emergency             102-20
 Supplemental Authorization Act, Fiscal Year 1991...........
Foreign Service Act of 1980.................................  96-465
Foreign Service Buildings Act, 1926.........................  69-186
Foreign Service Retirement Amendments of 1976 (title V).....  94-350
Foreign Shipping Practices Act of 1988 (title X)............  100-418
Foreign Sovereign Immunities Act of 1976....................  94-583
Forest Resources Conservation and Shortage Relief Act of      101-382
 1990 (title IV)............................................
Freedom for Russia and Emerging Eurasian Democracies and      102-511
 Open Markets Support Act of 1992 (FREEDOM Support Act).....
Freedom Investment Act of 2002 (division A, title VI,         107-228
 subtitle E)................................................
FRIENDSHIP Act..............................................  103-199
Further Continuing Appropriations, 1985.....................  99-190
General Government Matters, Department of Commerce, and       87-125
 Related Agencies Appropriation Act, 1962...................
Generalized System of Preferences Renewal Act of 1984 (title  98-573
 V).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002.......  107-187
German-American Day.........................................  103-100
German Democratic Republic Fishery Agreement................  100-350
Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
Global AIDS Research and Relief Act of 2000 (title I).......  106-264
Global Anti-Semitism Review Act of 2004.....................  108-332
Global Change Research Act of 1990..........................  101-606
Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
Global Climate Protection Act of 1987 (title XI)............  100-204
Global Environmental Protection Assistance Act of 1989        101-240
 (title VII)................................................
Governing International Fishery Agreement With Poland.......  105-384
Governing International Fishery Agreements With Iceland and   98-623
 the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and     97-389
 Spain (title IV)...........................................
Great Ape Conservation Act of 2000..........................  106-411
Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
 A, sec. 101(h), title IX)..................................
HELP Commission Act (division B, sec. 637)..................  108-199
Helsinki Human Rights Day...................................  103-294
High Seas Driftnet Fisheries Enforcement Act................  102-582
High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
 VI)........................................................
High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
Higher Education Amendments of 1986.........................  99-498
Holocaust Victims Redress Act...............................  105-158
Horn of Africa Recovery and Food Security Act...............  102-274
Hostage Relief Act of 1980..................................  96-449
Human Rights, Refugees, and Other Foreign Relations           104-319
 Provisions Act of 1996.....................................
Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001...  107-24
Immigration Act of 1990.....................................  101-649
Immigration and Nationality Act.............................  82-414
Immigration Reform and Control Act of 1986..................  99-603
Implementation of Compact of Free Association With Palau....  101-219
Implementing Agreement for Vienna Convention on Diplomatic    101-62
 Relations..................................................
Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
 101(a), title VIII)........................................
Inspector General Act of 1978...............................  95-452
Intelligence Authorization Act for Fiscal Year 1985.........  98-618
Intelligence Authorization Act for Fiscal Year 1996.........  104-93
Intelligence Authorization Act for Fiscal Year 1997.........  104-293
Intelligence Authorization Act for Fiscal Year 1998.........  105-107
Intelligence Authorization Act for Fiscal Year 2000.........  106-120
Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
Inter-American Development Bank Act.........................  86-147
Inter-American Investment Corporation Act (title II, S.       98-473
 2416, enacted by reference)................................
Intercountry Adoption Act of 2000...........................  106-279
International Academic Opportunities Act of 2000 (title III)  106-309
International Anti-Bribery and Fair Competition Act of 1998.  105-366
International Anti-Corruption and Good Governance Act of      106-309
 2000 (title II)............................................
International Arms Sales Code of Conduct Act of 1999          106-113
 (subtitle F, title XII, H.R. 3427, enacted by reference)...
International Atomic Energy Agency Participation Act of 1957  85-177
International Carriage of Perishable Foodstuffs Act.........  97-325
International Center Act....................................  90-553
International Child Abduction Remedies Act..................  100-300
International Claims Settlement Act of 1949.................  81-455
International Coffee Agreement Act of 1980..................  96-599
International Communication Agency Authorization for Fiscal   95-426
 Year 1979 (title II).......................................
International Communication Agency Authorization Act, Fiscal  96-60
 Years 1980 and 1981 (title II).............................
International Cooperation in Global Change Research Act of    101-606
 1990 (title II)............................................
International Cooperation to Protect Biological Diversity...  100-530
International Debt Management Act of 1988 (title III,         100-418
 subtitle B)................................................
International Development and Finance Act of 1989...........  101-240
International Development and Food Assistance Act of 1975...  94-161
International Development and Food Assistance Act of 1977...  95-88
International Development and Food Assistance Act of 1978...  95-424
International Development Association Act...................  86-565
International Development Cooperation Act of 1979...........  96-53
International Dolphin Conservation Act of 1992..............  102-523
International Dolphin Conservation Program Act..............  105-42
International Emergency Economic Powers Act (title II)......  95-223
International Energy Emergency Authorities: Extension.......  100-373
International Environmental Protection Act of 1983 (title     98-164
 VII).......................................................
International Finance Corporation Act.......................  84-350
International Financial Institutions Act....................  95-118
International Forestry Cooperation Act of 1990 (title VI)...  101-513
International Investment and Trade in Services Survey Act...  94-472
International Lending Supervision Act of 1983 (title IX)....  98-181
International Malaria Control Act (title I).................  106-570
International Maritime and Port Security Act (title IX).....  99-399
International Money Laundering Abatement and Financial Anti-  107-56
 Terrorism Act of 2001 (title III)..........................
International Narcotics Control Act of 1985 (title VI)......  99-83
International Narcotics Control Act of 1986 (title II)......  99-570
International Narcotics Control Act of 1988 (title IV)......  100-690
International Narcotics Control Act of 1989.................  101-231
International Narcotics Control Act of 1990.................  101-623
International Narcotics Control Corrections Act of 1994.....  103-447
International Natural Rubber Agreement Appropriation          96-271
 Authorization for Fiscal Year 1981.........................
International Organizations Immunities Act..................  79-291
International Parental Kidnapping Crime Act.................  105-173
International Peacekeeping Act of 1992......................  102-311
International Religious Freedom Act of 1998.................  105-292
International Security and Development Assistance             98-151
 Authorization Act of 1983 (sec. 101(b)(2)).................
International Security and Development Cooperation Act of     96-533
 1980.......................................................
International Security and Development Cooperation Act of     97-113
 1981.......................................................
International Security and Development Cooperation Act of     99-83
 1985.......................................................
International Security Assistance Act of 1977...............  95-92
International Security Assistance Act of 1978...............  95-384
International Security Assistance Act of 1979...............  96-92
International Security Assistance and Arms Export Control     94-329
 Act of 1976................................................
International Sugar Agreement, 1977, Implementation.........  96-236
International Trade and Investment Act (title III)..........  98-573
International Tuberculosis Control Act of 2000 (title II)...  106-264
Intervention on the High Seas Act...........................  93-248
Iran and Libya Sanctions Act of 1996........................  104-172
Iran Claims Settlement (title V)............................  99-93
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
Iran Nonproliferation Act of 2000...........................  106-178
Iran Nonproliferation Amendments Act of 2005................  109-112
Iran Nuclear Proliferation Prevention Act of 2002 (division   107-228
 B, title XIII, subtitle D).................................
Iraq Liberation Act of 1998.................................  105-338
Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
Irish Peace Process Cultural and Training Program Act of      105-319
 1998.......................................................
Japan-United States Friendship Act..........................  94-118
Japanese Imperial Government Disclosure Act of 2000 (title    106-567
 VIII)......................................................
Jerusalem Embassy Act of 1995...............................  104-45
Jobs Through Exports Act of 1992............................  102-549
Jobs Through Trade Expansion Act of 1994....................  103-392
Johnson Act--Financial Transactions With Foreign Governments  80-772
Joint Resolution to Implement the United States Proposal for  94-110
 the Early-Warning System in Sinai..........................
Jordan Supplemental Economic Assistance Authorization Act of  99-88
 1985 (title IV)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and    107-115
 Related Programs Appropriations Act, 2002..................
Latin American Development Act..............................  86-735
Lebanon Emergency Assistance Act of 1983....................  98-43
Legislative Branch Appropriation Act, 1961..................  86-628
Logan Act--Private Correspondence With Foreign Governments..  80-772
Magnuson-Stevens Fishery Conservation and Management Act of   94-265
 1976.......................................................
Marine Mammal Protection Act of 1972........................  92-522
Marine Turtle Conservation Act of 2004......................  108-266
Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
Mexico-United States Interparliamentary Group...............  86-420
Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
Microenterprise for Self-Reliance and International Anti-     106-309
 Corruption Act of 2000.....................................
Microenterprise Report to Congress..........................  108-31
Microenterprise Results and Accountability Act of 2004......  108-484
Micronesian Claims Act of 1971..............................  92-39
Middle East Peace Facilitation Act of 1993..................  103-125
Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
Middle East Peace Commitments Act of 2002 (division A, title  107-228
 VI, subtitle A)............................................
Migration and Refugee Assistance Act of 1962................  87-510
Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
 143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............  103-236
Millennium Challenge Act of 2003 (division D, title VI).....  108-199
Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
 1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
 J, title I)................................................
Miscellaneous International Affairs Authorization Act of      100-461
 1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
Missile Defense Act of 1991 (title II, part C)..............  102-190
Most-Favored-Nation Treatment for Cambodia..................  104-203
Most-Favored-Nation Treatment for People's Republic of        102-158
 Bulgaria...................................................
Most-Favored-Nation Treatment for People's Republic of        104-162
 Bulgaria...................................................
Most-Favored-Nation Treatment for Czechoslovakia............  101-541
Most-Favored Nation Treatment for Mongolian People's          102-157
 Republic...................................................
Most-Favored-Nation Treatment for Romania...................  104-171
Most-Favored Nation Treatment for the Union of Soviet         102-197
 Socialist Republics........................................
Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
 2253, enacted by reference)................................
Multilateral Development Banks Procurement Act (title III,    100-418
 subtitle C)................................................
Multilateral Development Banks: Sense of Congress (title X).  98-181
Multilateral Export Control Enhancement Amendments Act        100-418
 (title II, subtitle D, part II)............................
Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
 H.R. 3570, enacted by reference, title IV).................
Multinational Force and Observers Participation Resolution..  97-132
Multinational Force in Lebanon Resolution...................  98-119
Mutual Educational and Cultural Exchange Act of 1961........  87-256
Mutual Security Act of 1954.................................  83-665
Mutual Security Act of 1959.................................  86-108
Mutual Security Act of 1960.................................  86-472
National Academy of Peace and Conflict Resolution (title XV,  95-561
 part B)....................................................
National Aeronautics and Space Act of 1958..................  85-568
National Aeronautics and Space Administration Authorization   94-39
 Act, 1976..................................................
National Aeronautics and Space Administration Authorization   100-147
 Act of 1988................................................
National Aeronautics and Space Administration Authorization   100-685
 Act, Fiscal Year 1989......................................
National Aeronautics and Space Administration Authorization   101-611
 Act, Fiscal Year 1991......................................
National Aeronautics and Space Administration Authorization   102-195
 Act, Fiscal Year 1992......................................
National Aeronautics and Space Administration Authorization   102-588
 Act, Fiscal Year 1993......................................
National and Community Service Act of 1990..................  101-610
National Critical Materials Act of 1984 (title II)..........  98-373
National Defense Authorization Act, Fiscal Year 1987........  99-661
National Defense Authorization Act, Fiscal Year 1989........  100-456
National Defense Authorization Act for Fiscal Years 1988 and  100-180
 1989.......................................................
National Defense Authorization Act for Fiscal Years 1990 and  101-189
 1991.......................................................
National Defense Authorization Act for Fiscal Year 1991.....  101-510
National Defense Authorization Act for Fiscal Years 1992 and  102-190
 1993.......................................................
National Defense Authorization Act for Fiscal Year 1993.....  102-484
National Defense Authorization Act for Fiscal Year 1994.....  103-160
National Defense Authorization Act for Fiscal Year 1995.....  103-337
National Defense Authorization Act for Fiscal Year 1996.....  104-106
National Defense Authorization Act for Fiscal Year 1997.....  104-201
National Defense Authorization Act for Fiscal Year 1998.....  105-85
National Defense Authorization Act for Fiscal Year 1999.....  105-262
National Defense Authorization Act for Fiscal Year 2000.....  106-65
[Floyd D. Spence] National Defense Authorization Act for      106-398
 Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002.....  107-107
[Bob Stump] National Defense Authorization Act for Fiscal     107-314
 Year 2003..................................................
National Defense Authorization Act for Fiscal Year 2004.....  108-136
[Ronald W. Reagan] National Defense Authorization Act for     108-375
 Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006.....  109-163
National Emergencies Act....................................  94-412
National Endowment for Democracy Act (title V)..............  98-164
National Former Prisoners of War Recognition Day............  103-60
National Missile Defense Act of 1999........................  106-38
National Science Foundation Act of 1950.....................  81-507
National Security and Corporate Fairness under the            106-113
 Biological Weapons Convention Act (chapter 2, subtitle A,
 title XI, division B, H.R. 3427, enacted by reference).....
National Security Council...................................  80-253
National Shipbuilding and Shipyard Conversion Act of 1993     103-160
 (title XIII, subtitle D)...................................
National Space Council Authorization Act of 1990............  101-328
National Terrorist Asset Trading Center.....................  106-346
NATO Participation Act of 1994 (title II)...................  103-447
Naval Vessels Transfer Act of 2005..........................  109-134
Nazi War Crimes Disclosure Act..............................  105-246
Neotropical Migratory Bird Conservation Act.................  106-247
Neutrality Act of 1939......................................  76-54
Nicaraguan Adjustment and Central American Relief Act (title  105-100
 II)........................................................
Nondiscriminatory Treatment Toward Products of Albania......  102-363
Nondiscriminatory Treatment Toward Products of Romania......  103-133
Nonproliferation Assistance Coordination Act of 2002........  107-228
Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
 1990.......................................................
North American Free Trade Agreement Implementation Act......  103-182
North Atlantic Treaty Organization Mutual Support Act of      96-323
 1979.......................................................
North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
 VIII, division A, H.R. 3427, enacted by reference).........
North Korean Human Rights Act of 2004.......................  108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
North Pacific Anadromous Stocks Convention Act of 1992        102-587
 (title VIII)...............................................
Northern Uganda Crisis Response Act.........................  108-283
Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
 II)........................................................
Nuclear Non-Proliferation Act of 1978.......................  95-242
Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
 Cooperation................................................
Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
Nuclear Security Initiative Act of 2003 (title XXXVI).......  108-136
Nuclear Waste Policy Act of 1982............................  97-425
Oceans Act of 1992..........................................  102-587
Oceans Act of 2000..........................................  106-256
Office of National Drug Control Policy Reauthorization Act    105-277
 of 1998 (division C, title VII)............................
Oil Pollution Act of 1990...................................  101-380
Omnibus Consolidated and Emergency Supplemental               105-277
 Appropriations Act for Fiscal Year 1999....................
Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
Omnibus Insular Areas Act of 1992...........................  102-247
Omnibus Trade and Competitiveness Act of 1988...............  100-418
Operation Desert Shield/Desert Storm Supplemental             102-28
 Appropriations Act, 1991...................................
Overseas Private Investment Corporation Amendments Act of     100-461
 1988 (H.R. 5263, enacted by reference).....................
Pacific Charter Commission Act of 2000 (title IV)...........  106-570
Pacific Salmon Treaty Act of 1985...........................   99-5
Passport Services Enhancement Act of 2005...................  109-167
Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
Panama Canal Act of 1979....................................  96-70
Panama Canal Act Amendments of 1996.........................  104-201
Panama Canal Commission Authorization Act for Fiscal Year     101-189
 1990 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     101-510
 1991 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-190
 1992 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-484
 1993 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-160
 1994 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-337
 1995 (title XXXVI).........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-106
 1996 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-201
 1997 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-85
 1998 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-261
 1999 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     106-65
 2000 (title XXXV)..........................................
Par Value Modification Act..................................  92-268
Par Value Modification Act--Foreign Currency Reports (title   93-110
 II)........................................................
Peace Corps Act.............................................  87-293
Peace Corps Act Amendments..................................  89-134
Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
 (title XI).................................................
Peace Corps Authorization for Fiscal Year 1993..............  102-565
Peace Corps Reauthorization.................................  106-30
Peace Process in Liberia....................................  102-270
Persian Gulf Conflict Supplemental Authorization and          102-25
 Personnel Benefits Act of 1991.............................
Persian Gulf POW/MIA Accountability Act of 2002.............  107-258
Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
 subtitle G)................................................
PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
President's Emergency Food Assistance Act of 1984 (title      98-473
 III).......................................................
Prevention of Child Abduction Partnership Act...............  108-370
Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
 E, title XII, H.R. 3427, enacted by reference).............
Protection and Reduction of Government Secrecy Act (title     103-236
 IX)........................................................
Protection of Antarctica....................................  101-620
Protection of Foreign Missions..............................  97-418
Providing for Increased Participation by the United States    96-259
 in the Inter-American and Asian Development Banks and
 African Development Fund...................................
Quincentenary of Voyage of Christopher Columbus.............  102-472
R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
Radio Broadcasting to Cuba Act..............................  98-111
Radio Free Afghanistan......................................  107-148
Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
Reaffirming North Atlantic Alliance--United States             96-9
 Commitment.................................................
Reaffirming the Unity of the North Atlantic Alliance          95-287
 Commitment.................................................
Records Relating to Nazi Warm Crimes........................  104-309
Refugee Act of 1980.........................................  96-212
Refugee Education Assistance Act of 1980....................  96-422
Release of USIA Materials to Museums........................  99-475
Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
Renewal of Import Restrictions--Burmese Freedom and           109-39
 Democracy Act of 2003......................................
Research and Training for Eastern Europe and the Independent  98-164
 States of the Former Soviet Union Act of 1983 (title VIII).
Resolution To Promote Peace and Stability in the Middle East   85-7
Rhinoceros and Tiger Conservation Act of 1994...............  103-391
Rhinoceros and Tiger Conservation Act of 1998...............  105-312
Rhinoceros and Tiger Conservation Reauthorization Act of      107-112
 2001.......................................................
Rio Grande American Canal Extension Act of 1990.............  101-438
Rio Grande Pollution Correction Act of 1987.................  100-465
Ronald W. Reagan National Defense Authorization Act for       108-375
 Fiscal Year 2005...........................................
Russian Democracy Act of 2002...............................  107-246
Russian Federation Debt for Nonproliferation Act of 2002      107-228
 (division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................  89-296
Sales of Arms to Jordan.....................................  99-162
Science, State, Justice, Commerce, and Related Agencies       109-108
 Appropriations Act, 2006...................................
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
Secure Embassy Construction and Counterterrorism Act of 1999  106-113
 (title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
 enacted by reference)......................................
Security Assistance Act of 2000.............................  106-280
Security Assistance Act of 2002 (division B)................  107-228
Senator Paul Simon Water for the Poor Act of 2005...........  109-121
Set America Free Act of 2005 (SAFE Act) (title XIV, subtitle  109-58
 B).........................................................
Shark Finning Prohibition Act...............................  106-557
Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
 by reference)..............................................
Small Business International Trade and Competitiveness Act    100-418
 (title VII)................................................
South African Democratic Transition Support Act of 1993.....  103-149
South Pacific Tuna Act of 1988..............................  100-330
Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
Soviet Scientists Immigration Act of 1992...................  102-509
Special Drawing Rights Act..................................  90-349
Special Foreign Assistance Act of 1971......................  91-652
Special Foreign Assistance Act of 1986......................  99-529
Special International Security Assistance Act of 1979.......  96-35
Spoils of War Act of 1994 (title V, part B).................  103-236
State Department Basic Authorities Act of 1956..............  84-885
State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
Steel Import Stabilization Act (title VIII).................  98-573
Strategic and Critical Materials Transaction Authorization    96-175
 Act of 1979................................................
Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
 Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal  105-261
 Year 1999..................................................
Sudan Peace Act.............................................  107-245
Supplemental Appropriations Act of 1993.....................  103-50
Supplemental Appropriations Act, 1984.......................  98-181
Supplemental Appropriations Act, 1985.......................  99-88
Support for East European Democracy (SEED) Act of 1989......  101-179
Support for Overseas Cooperative Development Act (sec. 401).  106-309
Survival Assistance for Victims of Civil Strife in Central    101-215
 America....................................................
Sustainable Fisheries Act...................................  104-297
Syria Accountability and Lebanese Sovereignty Restoration     108-175
 Act of 2003................................................
Taiwan's Participation in the World Health Organization.....  108-235
Taiwan's Participation in the World Health Organization.....  108-28
Taiwan Relations Act........................................   96-8
Tariff Act of 1930..........................................  71-361
Tariff Suspension and Trade Act of 2000.....................  106-476
Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
 part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and       102-182
 Hungary....................................................
Terrorist Bombings Convention Implementation Act of 2002....  107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B)..  107-228
To Provide Certain Authorities for the Department of State..  109-140
To Provide for an Investigation of the Whereabouts of U.S.    103-372
 Citizens Missing From Cyprus Since 1974....................
Tonkin Gulf Resolution......................................  88-408
Torture Victim Protection Act of 1991.......................  102-256
Torture Victims Relief Reauthorization Act of 1999..........  106-87
Torture Victims Relief Reauthorization Act of 2005..........  109-165
Tourism Policy and Export Promotion Act of 1992.............  102-372
Trade Act of 1974...........................................  93-618
Trade Act of 2002...........................................  107-210
Trade Agreements Act of 1979................................  96-39
Trade and Development Act of 2000...........................  106-200
Trade and Development Enhancement Act of 1983 (title VI,      98-181
 part C)....................................................
Trade and Tariff Act of 1984................................  98-573
Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
Trade Expansion Act of 1962.................................  87-794
Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
 (title IX).................................................
Trading With the Enemy Act..................................  65-91
Trafficking Victims Protection Act of 2000 (division A).....  106-386
Trafficking Victims Protection Reauthorization Act of 2005..  109-164
Trans-Alaska Pipeline Authorization Act.....................  93-153
Transfer of Items To War Reserves Stockpile for Allies,       109-159
 Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)...........  87-195
Tropical Forest Conservation Act Reauthorization............  108-323
Trust Territory of the Pacific Islands Act..................  92-257
Tuna Conventions Act of 1950................................  81-764
United Nations Environment Program Participation Act of 1973  93-188
United Nations Headquarters Agreement Act...................  80-357
United Nations Participation Act of 1945....................  79-264
United Nations Reform Act of 1998 (division F, subdivision    105-277
 C).........................................................
United Nations Reform Act of 1999 (title IX, division A,      106-113
 H.R. 3427, enacted by reference)...........................
United States-Australia Free Trade Agreement Implementation   108-286
 Act........................................................
United States-Canada Free Trade Agreement Implementation Act  100-449
 of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act.  108-77
United States Government Opposition to the Practice of        98-447
 Torture....................................................
United States Group of the North Atlantic Treaty              84-689
 Parliamentary Conferences--Participation Resolution........
United States-Hong Kong Policy Act of 1992..................  102-383
United States-India Fund for Cultural, Educational, and       98-164
 Scientific Cooperation Act (title IX)......................
United States Information Agency Authorization for Fiscal     94-350
 Year 1977 (title II).......................................
United States Information Agency Authorization for Fiscal     95-105
 Year 1978 (title II).......................................
United States Information Agency Authorization Act, Fiscal    97-241
 Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal    98-164
 Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal    99-93
 Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal    100-204
 Years 1988 and 1989 (title II).............................
United States Information and Educational Exchange Act of     80-402
 1948.......................................................
United States Institute for Peace Act (title XVII)..........  98-525
United States International Broadcasting Act of 1994 (title   103-236
 III).......................................................
United States-Bahrain Free Trade Agreement Implementation     109-169
 Act........................................................
United States-Israel Free Trade Area Implementation Act of    99-47
 1985.......................................................
United States-Japan Fishery Agreement Approval Act of 1987..  100-220
United States-Jordan Free Trade Area Implementation Act.....  107-43
United States-Korea Fishery Agreement.......................  100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and  108-25
 Malaria Act of 2003........................................
United States-Macau Policy Act of 2000 (title II)...........  106-570
United States-Morocco Free Trade Agreement Implementation     108-302
 Act........................................................
United States Policy in Iraq Act (section 1227).............  109-163
United States Policy Toward Haiti...........................  103-423
United States Recognition and Participation in International  91-269
 Expositions................................................
United States Scholarship Program for Developing Countries    99-93
 Authorization, Fiscal Years 1986 & 1987 (title VI).........
Uniting and Strengthening America By Providing Appropriate    107-56
 Tools Required To Intercept and Obstruct Terrorism (USA
 PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
Uruguay Rounds Agreements Act...............................  103-465
U.S.-China Relations Act of 2000............................  106-286
U.S. Holocaust Assets Commission Act of 1998................  105-186
U.S. Participation in Certain International Organizations...  81-806
U.S.-U.S.S.R. Fishing Agreement.............................  100-629
Victims of Terrorism Compensation Act (title VIII)..........  99-399
Victims of Trafficking and Violence Protection Act of 2000..  106-386
Vietnam Education Foundation Act of 2000 (title II).........  106-554
Visa for Officials of Taiwan................................  103-416
War Powers Resolution.......................................  93-148
Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
Western Hemisphere Drug Elimination Act (division C, title    105-277
 VIII)......................................................
Western Hemisphere Drug Elimination Technical Corrections     106-35
 Act........................................................
Whaling Convention Act of 1949..............................  81-676
Wild Bird Conservation Act of 1992..........................  102-440
Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
Withdrawal of MFN From Serbia and Montenegro................  102-420
Wool Suit and Textile Trade Extension Act of 2004 (title IV)  108-429
World Food Day..............................................  103-108
Yukon River Salmon Act of 1995 (title VII)..................  104-43
Yukon River Salmon Act of 2000..............................  106-450
Zimbabwe Democracy and Economic Recovery Act of 2001........  107-99
------------------------------------------------------------------------

                            USE OF THE INDEX

                              ----------                              _

    The index is organized by subject matter only. Each subject 
entry also includes the legal citation indicating the document 
to which it refers. These legal citations were not chosen on 
the basis of standard legal citation form, but rather for the 
amount of information they provided and for convenience in 
producing a computer-printed index.
    Page references, wherever possible, indicate the exact page 
on which mention of the entry is made. Entries of a more 
general nature that refer to a large section or to an entire 
document are listed with the page on which the reference 
begins.
                               I N D E X

                              ----------                              _


 
 
                                    A
 
Acid rain
  Canada's control program.........  PL 101-549 Sec 408....       663
Act to Prevent Pollution from
 Ships. See Pollution from ships
Admiral James W. Nance and Meg
 Donovan Foreign Relations
 Authorization Act, 2000-2001. See
 Continuation of Reports Terminated
 by the Federal Reports Elimination
 and Sunset Act of 1995
Aeronautics. See National
 aeronautics and space acts
Africa
  Sub-Saharan Africa
    Debt-for-nature exchanges pilot  PL 87-195 Sec 466.....       478
     program.
African Elephant Conservation Act..  PL 100-478............       579
  Acceptance and use of donations..  PL 100-478 Sec 2102...       581
  Advisory group...................  PL 100-478 Sec 2104...       582
  Appropriations authorization.....  PL 100-478 Sec 2306...       587
  Assistance provision.............  PL 100-478 Sec 2101...       580
  Certification under Pelly          PL 100-478 Sec 2303...       586
   Amendment.
  Definitions......................  PL 100-478 Sec 2305...       586
  Enforcement......................  PL 100-478 Sec 2204...       585
  Findings.........................  PL 100-478 Sec 2003...       579
  Moratoria........................  PL 100-478 Sec 2202...       583
  Penalties........................  PL 100-478 Sec 2204...       585
  Program review...................  PL 100-478 Sec 2201...       582
  Prohibited acts..................  PL 100-478 Sec 2203...       585
  Relationship to Endangered         PL 100-478 Sec 2302...       586
   Species Act of 1973.
  Reports..........................  PL 100-478 Sec 2103...       582
  Rewards..........................  PL 100-478 Sec 2205...       586
  Statement of policy..............  PL 100-478 Sec 2004...       580
  Statement of purpose.............  PL 100-478 Sec 2002...       579
Agency for International
 Development
  Inspector General Act of 1978      PL 95-452 Sec 8A......      1263
   provisions.
Agents of foreign governments......  18 USC Sec 951........      1178
Agents of foreign principals
  U.S. public officials and          18 USC Sec 219........      1176
   employees.
Agricultural Trade Development and
 Assistance Act of 1954
  Secretary of State functions.....  EO 13345 Sec 2........       517
  Secretary of Treasury functions..  EO 13345 Sec 1........       516
Agriculture
  Global climate change study......  PL 101-624 Sec 2403...       651
Air pollution
  Clean Air Act Amendments
    Acid rain control program in     PL 101-549 Sec 408....       663
     Canada.
    Air quality monitoring and       PL 101-549 Sec 815....       665
     improvement along U.S.-Mexico
     border.
    Clean coal technologies, report  PL 101-549 Sec 409....       663
Air pollution--Continued
  Clean Air Act Amendments--
   Continued
    Equivalent air quality controls  PL 101-549 Sec 811....       664
     among trading nations.
    Stratospheric ozone protection,  PL 101-549 Sec 617....       664
     international cooperation.
Aircraft. See also Aviation
 security
  Cape Town Treaty Implementation
   Act of 2004
    Conveyances, leases and          PL 108-297 Sec 5......       746
     security instruments validity
     limitation.
    Definitions....................  PL 108-297 Sec 6......       746
    Findings.......................  PL 108-297 Sec 2......       744
    Preservation of prior rights...  PL 108-297 Sec 7......       746
    Purpose........................  PL 108-297 Sec 2(b)...       744
    Regulations....................  PL 108-297 Sec 4......       745
Airports. See Aviation security
Alaska
  Negotiations with Canada           PL 93-153 Sec 301.....       467
   concerning pipeline.
Alaska National Interests Land
 Conservation Act
  Wildlife resources and impact of   PL 96-487 Sec 1005....       465
   oil spills in Arctic Ocean.
American Business Centers
  Environmental and agribusiness     PL 102-511 Sec 301(b).       497
   centers.
  Establishment....................  PL 102-511 Sec 301(a).       497
  Funding..........................  PL 102-511 Sec 301(d).       498
  Policy guidance..................  PL 102-511 Sec 301(c).       498
American Canal. See Rio Grande
 American Canal Extension Act of
 1990
American Fisheries Promotion Act
  U.S. fishery trade officers......  PL 96-561 Sec 211.....       325
American Red Cross
  Neutrality Act of 1939 provisions  Pub. Res. 76-54 Sec 4.      1181
Anadromous stocks. See North
 Pacific Anadromous Stocks Act of
 1992
Anglo-Irish Agreement Support Act
 of 1986
  International organizations and    PL 99-415 Sec 7.......       834
   conferences funding.
Antarctic Conservation Act of 1978.  PL 95-541.............       628
  Civil penalties..................  PL 95-541 Sec 8.......       639
  Criminal offenses................  PL 95-541 Sec 9.......       639
  Definitions......................  PL 95-541 Sec 3.......       629
  Enforcement......................  PL 95-541 Sec 10......       639
  Environmental impact assessment..  PL 95-541 Sec 4A......       632
  Federal agency cooperation.......  PL 95-541 Sec 12......       642
  Findings.........................  PL 95-541 Sec 2(a)....       628
  Jurisdiction of courts...........  PL 95-541 Sec 11......       642
  Notification of travel to          PL 95-541 Sec 7.......       638
   Antarctica.
  Permits..........................  PL 95-541 Sec 5.......       634
  Prohibited acts..................  PL 95-541 Sec 4.......       631
  Purpose..........................  PL 95-541 Sec 2(b)....       628
  Regulations......................  PL 95-541 Sec 6.......       638
  Relationship to existing treaties  PL 95-541 Sec 13......       642
  Saving provisions................  PL 95-541 Sec 14......       642
Antarctic Marine Living Resources    PL 98-623.............       314
 Convention Act of 1984.
  Appropriations authorization.....  PL 98-623 Sec 314.....       324
  Civil penalties..................  PL 98-623 Sec 308.....       318
  Conservation measures............  PL 98-623 Sec 305(a)..       317
  Criminal offenses................  PL 98-623 Sec 309.....       319
  Definitions......................  PL 98-623 Sec 303.....       315
  Enforcement......................  PL 98-623 Sec 310.....       320
  Federal agency cooperation.......  PL 98-623 Sec 312.....       322
  Findings.........................  PL 98-623 Sec 302(a)..       314
  Jurisdiction of courts...........  PL 98-623 Sec 311.....       322
Antarctic Marine Living Resources
 Convention Act of 1984--Continued
  Purpose..........................  PL 98-623 Sec 302(b)..       315
  Regulations......................  PL 98-623 Sec 307.....       318
  Relationship to existing treaties  PL 98-623 Sec 313.....       323
   and statutes.
  Representatives..................  PL 98-623 Sec 304.....       316
  Severability.....................  PL 98-623 Sec 315.....       324
  System of observation and          PL 98-623 Sec 305(b)..       317
   inspection.
  Unlawful activities..............  PL 98-623 Sec 306.....       317
Antarctic Protection Act of 1990...  PL 101-594............       646
  Definitions......................  PL 101-594 Sec 3......       647
  Enforcement......................  PL 101-594 Sec 5......       648
  Findings.........................  PL 101-594 Sec 2(a)...       646
  Prohibition of mineral resource    PL 101-594 Sec 4......       648
   activities.
  Purpose..........................  PL 101-594 Sec 2(b)...       647
Antarctic Protocol. See Pollution
 from ships
Antarctic Science, Tourism, and
 Conservation Act of 1996
  Polar research and policy study..  PL 104-227 Sec 301....       643
Antarctica Protection as a Global    PL 101-620............       644
 Ecological Commons
Apes. See Great Ape Conservation
 Act of 2000
Arctic Ocean
  Impact of potential oil spills...  PL 96-487 Sec 1005....       465
Arctic Research and Policy Act of    PL 98-373.............       809
 1984.
  Appropriations authorization.....  PL 98-373 Sec 111.....       816
  Arctic Research Commission
    Administration.................  PL 98-373 Sec 106.....       813
    Cooperation with...............  PL 98-373 Sec 105.....       813
    Duties.........................  PL 98-373 Sec 104.....       812
    Establishment..................  PL 98-373 Sec 103.....       811
    Lead agency....................  PL 98-373 Sec 107(a)..       814
  Definition.......................  PL 98-373 Sec 112.....       817
  Findings.........................  PL 98-373 Sec 102(a)..       809
  Interagency Arctic Research
   Policy Committee
    Composition....................  PL 98-373 Sec 107(b)..       814
    Coordination and review of       PL 98-373 Sec 110.....       816
     budget requests.
    Duties.........................  PL 98-373 Sec 108.....       814
    5-Year Arctic Research Plan....  PL 98-373 Sec 109.....       815
  Purposes.........................  PL 98-373 Sec 102(b)..       810
Arctic Research Commission           EO 12501..............       818
  Administration...................  EO 12501 Sec 6........       819
  Establishment....................  EO 12501 Sec 1........       818
  Functions........................  EO 12501 Sec 4........       818
  Interagency Arctic Research
   Policy Committee
    Administration.................  EO 12501 Sec 11.......       821
    Establishment..................  EO 12501 Sec 7........       819
    Functions......................  EO 12501 Sec 9........       820
    Membership.....................  EO 12501 Sec 8........       820
    Public participation...........  EO 12501 Sec 10.......       821
  Meetings.........................  EO 12501 Sec 3........       818
  Membership.......................  EO 12501 Sec 2........       818
  Responsibilities of Federal        EO 12501 Sec 5........       819
   agencies.
Arctic Tundra Habitat Emergency      PL 106-108............       806
 Conservation Act.
  Comprehensive management plan....  PL 106-108 Sec 4......       807
  Definitions......................  PL 106-108 Sec 5......       808
  Findings.........................  PL 106-108 Sec 2(a)...       806
  Force and effect of rules to       PL 106-108 Sec 3......       807
   control mid-continent light
   geese populations.
  Purposes.........................  PL 106-108 Sec 2(b)...       807
Armed vessel of a foreign nation,    18 USC Sec 961........      1189
 strengthening
Arming vessel against friendly       18 USC Sec 962........      1188
 nation.
Artificial reefs. See Antarctic
 Marine Living Resources Convention
 Act of 1984
Asia
  U.S.-Asia Environmental
   Partnership
    Innovative clean coal            PL 102-486 Sec 1332(i)       417
     technology transfer program.
    Innovative environmental         PL 102-486 Sec 1608(j)       427
     technology transfer program.
    Renewable energy technology      PL 102-486 Sec 1211(i)       407
     transfer program.
Asian Elephant Conservation Act of   PL 105-96.............       545
 1997.
  Acceptance and use of donations..  PL 105-96 Sec 6.......       548
  Advisory group...................  PL 105-96 Sec 7.......       548
  Appropriations authorization.....  PL 105-96 Sec 8.......       549
  Asian elephant conservation        PL 105-96 Sec 5.......       546
   assistance.
  Definitions......................  PL 105-96 Sec 4.......       546
  Findings.........................  PL 105-96 Sec 2.......       545
  Purposes.........................  PL 105-96 Sec 3.......       546
Asian/Pacific American Heritage
 Month
  Designation and proclamations....  PL 105-225 Sec 102....      1328
ATDA Act. See Agricultural Trade
 Development and Assistance Act of
 1954
Atlantic herring
  Transshipment agreements.........  PL 104-297 Sec 105(e).        61
Atlantic Salmon Convention Act of    PL 97-389.............       306
 1982.
  Cooperation with other agencies..  PL 97-389 Sec 306.....       308
  Definitions......................  PL 97-389 Sec 302.....       306
  Enforcement......................  PL 97-389 Sec 308.....       309
  Secretary of Commerce authority..  PL 97-389 Sec 305.....       307
  Secretary of State authority.....  PL 97-389 Sec 304.....       307
  U.S. representation..............  PL 97-389 Sec 303.....       306
  Violations.......................  PL 97-389 Sec 307.....       308
Atlantic Tunas Convention Act of     PL 96-339.............       190
 1975, appropriation authorization.
  Atlantic highly migratory species  PL 96-339 Sec 3.......       192
   research.
  Observer program.................  PL 96-339 Sec 2.......       190
Atlantic Tunas Convention Act of     PL 94-70..............       194
 1975.
  Administration...................  PL 94-70 Sec 6........       199
  Advisory committee...............  PL 94-70 Sec 4........       196
  Application to related laws......  PL 94-70 Sec 7(g).....       205
  Appropriations authorization.....  PL 94-70 Sec 10.......       207
  Commissioners....................  PL 94-70 Sec 3........       195
  Cooperation......................  PL 94-70 Sec 9........       206
  Definitions......................  PL 94-70 Sec 2........       194
  Enforcement......................  PL 94-70 Sec 8........       205
  Fines and forfeitures............  PL 94-70 Sec 7........       204
  Report...........................  PL 94-70 Sec 11.......       207
  Savings clause...................  PL 94-70 Sec 12.......       208
  Secretary of State authority.....  PL 94-70 Sec 5........       198
  Separability.....................  PL 94-70 Sec 13.......       208
  Species working groups...........  PL 94-70 Sec 4A.......       198
  Violations.......................  PL 94-70 Sec 7........       204
Atlantic Tunas Convention            PL 104-43.............       226
 Authorization Act of 1995.
  Atlantic yellowfin tuna            PL 104-43 Sec 309.....       227
   management.
  Bluefin tuna regulations study...  PL 104-43 Sec 310.....       227
  International Commission for the   PL 104-43 Sec 311.....       228
   Conservation of Atlantic Tunas
   negotiations, sense of Congress.
  Report...........................  PL 104-43 Sec 302(a)..       226
Aviation security..................  49 USC................       685
  Agreements on sabotage, hijacking  49 USC Sec 44910......       704
   and airport security.
  Air transportation security......  49 USC Sec 44903......       691
Aviation security--Continued
  Aircraft training................  49 USC Sec 44939......       735
  Airport construction guidelines..  49 USC Sec 44914......       709
  Airport security improvement       49 USC Sec 44923......       721
   projects.
  Assessments and evaluations......  49 USC Sec 44916......       710
  Crew training....................  49 USC Sec 44918......       711
  Deployment of Federal air          49 USC Sec 44917......       710
   marshals.
  Deputation of State and local law  49 USC Sec 44922......       720
   enforcement officers.
  Domestic air transportation        49 USC Sec 44904......       698
   system security.
  Emergency powers.................  49 USC Sec 40106......       686
  Employment investigations and      49 USC Sec 44936......       730
   restrictions.
  Employment standards and training  49 USC Sec 44935......       725
  Exemptions.......................  49 USC Sec 44915......       709
  Explosive detection..............  49 USC Sec 44913......       708
  Federal flight deck officer        49 USC Sec 44921......       716
   program.
  Federal Security Managers........  49 USC Sec 44933......       724
  Foreign air carrier security       49 USC Sec 44906......       700
   programs.
  Foreign Security Liaison Officers  49 USC Sec 44934......       725
  Immunity for reporting suspicious  49 USC Sec 44941......       740
   activities.
  Information about threats to       49 USC Sec 44905......       699
   civil aviation.
  Intelligence.....................  49 USC Sec 44911......       705
  International negotiations,        49 USC Sec 40105......       685
   agreements and obligations.
  International Security and
   Development Cooperation Act of
   1985
    Airport security techniques for  PL 99-83 Sec 557......       756
     detecting explosives.
    Foreign air transportation       PL 99-83 Sec 551......       755
     security standards.
    Hijacking TWA Flight 847 and     PL 99-83 Sec 558......       756
     other acts of terrorism, sense
     of Congress.
    International civil aviation     PL 99-83 Sec 555......       756
     boycott of countries
     supporting terrorism.
    International Civil Aviation     PL 99-83 Sec 554......       755
     Organization standards
     enforcement.
  Passenger manifests..............  49 USC Sec 44909......       703
  Performance goals and objectives.  49 USC Sec 44942......       740
  Performance management system....  49 USC Sec 44943......       741
  Presidential transfers...........  49 USC Sec 40107......       687
  Prohibition on transferring        49 USC Sec 44937......       734
   duties and powers.
  Refusal to transport passengers    49 USC Sec 44902......       690
   and property.
  Repair station security..........  49 USC Sec 44924......       723
  Reports..........................  49 USC Sec 44938......       734
  Research and development.........  49 USC Sec 44912......       705
  Screening passengers and property  49 USC Sec 44901......       687
  Security screening opt-out         49 USC Sec 44920......       714
   program.
  Security screening pilot program.  49 USC Sec 44919......       713
  Security service fee.............  49 USC Sec 44940......       737
  Security standards at foreign      49 USC Sec 44907......       700
   airports.
  Travel advisory and suspension of  49 USC Sec 44908......       702
   foreign assistance.
  Voluntary provision of emergency   49 USC Sec 44944......       742
   services.
Aviation Security Improvement Act    PL 101-604............       748
 of 1990.
  Findings.........................  PL 101-604 Sec 2......       748
  Terrorism affecting Americans
   abroad
    Antiterrorism assistance.......  PL 101-604 Sec 213....       753
    Antiterrorism measures.........  PL 101-604 Sec 214....       753
Aviation Security Improvement Act
 of 1990--Continued
  Terrorism affecting Americans
   abroad--Continued
    Compensation for victims of      PL 101-604 Sec 211....       752
     terrorism.
    Coordinator for                  PL 101-604 Sec 202....       750
     Counterterrorism.
    Disaster training for State      PL 101-604 Sec 206....       750
     Department personnel.
    International Civil Aviation     PL 101-604 Sec 215....       754
     Organization consideration of
     proposal.
    International negotiations.....  PL 101-604 Sec 201....       749
    Lockerbie experience assessment  PL 101-604 Sec 209....       752
    Overseas security electronic     PL 101-604 Sec 212....       753
     bulletin board.
    Recovery and disposition of      PL 101-604 Sec 208....       751
     remains and personal effects.
    State Department family liaison  PL 101-604 Sec 205....       750
     and toll-free family
     communications system.
    State Department notification    PL 101-604 Sec 204....       750
     of families of victims.
    State Department recognition...  PL 101-604 Sec 210....       752
    State Department                 PL 101-604 Sec 207....       751
     responsibilities and
     procedures at disaster site.
 
 
                                    B
 
Baumel, Zachary....................  PL 106-89.............      1313
  Actions with respect to missing    PL 106-89 Sec 2.......      1313
   soldiers.
  Findings.........................  PL 106-89 Sec 1.......      1313
  Reports by Secretary of State....  PL 106-89 Sec 3.......      1314
Beirut International Airport
  Closing of.......................  PL 99-83 Sec 551......       755
Biological diversity
  International cooperation to
   protect biological diversity
    Report.........................  PL 100-530 Sec 2......       578
    Statement of policies..........  PL 100-530 Sec 1......       578
Biomass
  Energy demonstration projects....  PL 101-624 Sec 2410...       653
  Interagency cooperation to         PL 101-624 Sec 2411...       654
   maximize growth.
Biomedical research
  Space program
    Appropriations authorization...  PL 102-588 Sec 608....       771
    Emergency medical service        PL 102-588 Sec 607....       770
     telemedicine capability.
    Findings.......................  PL 102-588 Sec 601....       770
Birds. See Migratory Birds; Wild
 Exotic Bird Conservation Act of
 1992
Boren National Security Education
 Act of 1991. See David L. Boren
 National Security Education Act of
 1991.
Bretton Woods Agreements Act
  Fund policy changes..............  PL 79-171 Sec 59......       604
  Impact of Fund programs on the     PL 79-171 Sec 55......       604
   poor and the environment.
British-American Interparliamentary
 Group
  Appointment of members...........  PL 102-138 Sec 168(b).       838
  Certification of expenditures....  PL 102-138 Sec 168(e).       839
  Chair and Vice Chair.............  PL 102-138 Sec 168(c).       838
  Establishment....................  PL 102-138 Sec 168(a).       838
  Funding..........................  PL 102-138 Sec 168(d).       839
  Meetings.........................  PL 102-138 Sec 168(a).       838
  Report...........................  PL 102-138 Sec 168(f).       839
Bulgaria
  International claims settlement
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 203.....       860
                                     PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Foreign governments..........  PL 81-455 Sec 313.....       878
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 303.....       872
    Definitions....................  PL 81-455 Sec 201.....       859
                                     PL 81-455 Sec 301.....       870
    Designated officer or agency...  PL 81-455 Sec 209.....       867
    Finality of Commission actions.  PL 81-455 Sec 314.....       878
    Funds creation.................  PL 81-455 Sec 302.....       871
    Jurisdiction...................  PL 81-455 Sec 206.....       861
    Liability......................  PL 81-455 Sec 205.....       861
    Liens..........................  PL 81-455 Sec 214.....       869
    Liquidation....................  PL 81-455 Sec 213.....       868
    Payments.......................  PL 81-455 Sec 208.....       863
                                     PL 81-455 Sec 306.....       874
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       878
    Recording conveyances..........  PL 81-455 Sec 204.....       861
    Returns........................  PL 81-455 Sec 211.....       867
    Settlement period..............  PL 81-455 Sec 316.....       878
    Suits..........................  PL 81-455 Sec 211.....       867
    Trading With the Enemy Act       PL 81-455 Sec 216.....       869
     provisions.
    Vested property................  PL 81-455 Sec 202.....       859
    Vesting officers or agencies...  PL 81-455 Sec 211.....       867
    Violations.....................  PL 81-455 Sec 215.....       869
                                     PL 81-455 Sec 312.....       878
Business Centers. See American
 Business Centers
Buy America
  Innovative clean coal technology   PL 102-486 Sec 1332(j)       417
   transfer program.
  Innovative environmental           PL 102-486 Sec 1608(k)       427
   technology transfer program.
  Renewable energy technology        PL 102-486 Sec 1211(j)       407
   transfer program.
 
 
                                    C
 
Canada
  Acid rain control program........  PL 101-549 Sec 408....       663
  Alaska pipeline negotiations.....  PL 93-153 Sec 301.....       467
  Deepwater port negotiations......  PL 93-627 Sec 22......       150
  Northern Boundary and              PL 106-113 Sec 623....       310
   Transboundary Rivers Restoration
   and Enhancement Fund.
  Oil spill cooperation with the
   United States
    Great Lakes....................  PL 101-380 Sec 3002...       126
    Lake Champlain.................  PL 101-380 Sec 3003...       127
  Puget Sound negotiations           PL 101-380 Sec 3005...       127
   concerning tug escorts.
  Reciprocal fisheries agreement     PL 95-6 Sec 5.........        70
   with the United States.
  Southern Boundary Restoration and  PL 106-113 Sec 623....       310
   Enhancement Fund.
Canada-United States                 PL 86-42..............       843
 Interparliamentary Group.
  Appropriations authorization.....  PL 86-42 Sec 2........       844
  Certification of expenditures....  PL 86-42 Sec 4........       844
Canada-United States
 Interparliamentary Group--
 Continued
  Report...........................  PL 86-42 Sec 3........       844
Cape Town Treaty Implementation Act  PL 108-297............       744
 of 2004.
  Conveyances, leases and security   PL 108-297 Sec 5......       746
   instruments validity limitation.
  Definitions......................  PL 108-297 Sec 6......       746
  Findings.........................  PL 108-297 Sec 2(a)...       744
  Preservation of prior rights.....  PL 108-297 Sec 7......       746
  Purpose..........................  PL 108-297 Sec 2(b)...       744
  Regulations......................  PL 108-297 Sec 4......       745
Captive Nations Week...............  PL 86-90..............      1326
Central Bering Sea Fisheries         PL 102-582 Sec 302....       272
 Enforcement Act of 1992.
  Definitions......................  PL 102-582 Sec 306....       274
  Duration of restrictions.........  PL 102-582 Sec 304....       273
  Exclusive economic zone fishing    PL 102-582 Sec 305....       273
   restriction.
  Port privileges denial...........  PL 102-582 Sec 303....       272
  Prohibition applicable to U.S.     PL 102-582 Sec 302....       272
   vessels and nationals.
  Termination......................  PL 102-582 Sec 307....       275
Chinese Communist regime
  International claims settlement
    Definitions....................  PL 81-455 Sec 502.....       885
    Purpose........................  PL 81-455 Sec 501.....       885
Civil government for the Trust       PL 83-451.............       918
 Territory of the Pacific Islands.
  Appropriations authorization.....  PL 83-451 Sec 2.......       919
                                     PL 83-451 Sec 3.......       920
  Authorities......................  PL 83-451 Sec 4.......       920
Claims settlements. See also
 Bulgaria
  Czechoslovakian Claims Settlement  PL 97-127.............       903
   Act of 1981.
    Agreement approval.............  PL 97-127 Sec 2.......       903
    Agreement implementation.......  PL 97-127 Sec 10......       908
    Awards payment.................  PL 97-127 Sec 8.......       906
    Definitions....................  PL 97-127 Sec 3.......       903
    Determination of claims........  PL 97-127 Sec 5.......       904
    Findings.......................  PL 97-127 Sec 6.......       905
    The Fund.......................  PL 97-127 Sec 4.......       904
    Funds investment...............  PL 97-127 Sec 9.......       907
    Procedures.....................  PL 97-127 Sec 7.......       906
    Social security agreement......  PL 97-127 Sec 11......       908
  International Claims Settlement    PL 81-455.............       848
   Act of 1949.
    Action of Commission with        PL 81-455 Sec 507.....       888
     respect to claims.
    Application of other laws......  PL 81-455 Sec 509.....       888
    Appropriations authorization...  PL 81-455 Sec 9.......       859
                                     PL 81-455 Sec 511.....       888
    Authorities....................  PL 81-455 Sec 3.......       849
    Certification..................  PL 81-455 Sec 5.......       854
    Claims against Bulgaria,         PL 81-455 Title III...       870
     Hungary, Rumania, Italy and
     the Soviet Union.
    Claims against Cuba and the      PL 81-455 Title V.....       885
     Chinese Communist regime.
    Claims against Czechoslovakia..  PL 81-455 Title IV....       879
    Claims against the German        PL 81-455 Title VI....       890
     Democratic Republic.
    Claims against Vietnam.........  PL 81-455 Title VII...       895
    Corporate claims...............  PL 81-455 Sec 505.....       887
    Definitions....................  PL 81-455 Sec 2.......       848
    Fees for services..............  PL 81-455 Sec 512.....       889
    Foreign Claims Settlement        PL 81-455 Sec 515.....       889
     Commission certification
     procedure.
Claims settlements--Continued
  International Claims Settlement
   Act of 1949--Continued
    Jurisdiction...................  PL 81-455 Sec 4.......       850
    Offsets........................  PL 81-455 Sec 506.....       888
    Ownership of claims............  PL 81-455 Sec 504.....       886
    Ownership of claims              PL 81-455 Sec 514.....       889
     determination.
    Payments.......................  PL 81-455 Sec 7.......       854
    Receipt of claims..............  PL 81-455 Sec 503.....       886
    Separability...................  PL 81-455 Sec 513.....       889
    Settlement period..............  PL 81-455 Sec 510.....       888
    Transfer of records............  PL 81-455 Sec 508.....       888
    Vesting and liquidation of       PL 81-455 Title II....       859
     Bulgarian, Hungarian and
     Rumanian property.
    Yugoslav Claims Agreement......  PL 81-455 Sec 6.......       854
    Yugoslav Claims Fund...........  PL 81-455 Sec 8.......       856
  Iran claims settlement...........  PL 99-93..............       900
    Bloc settlement................  PL 99-93 Sec 503......       901
    Confidentiality of records.....  PL 99-93 Sec 505......       901
    Deductions from arbitral awards  PL 99-93 Sec 502......       901
    Receipt and determination of     PL 99-93 Sec 501......       900
     claims.
    Reimbursement to the Federal     PL 99-93 Sec 504......       901
     Reserve Bank of New York.
  Micronesian Claims Act of 1971...  PL 92-39..............       910
    Appropriations authorization...  PL 92-39 Sec 102......       911
                                     PL 92-39 Sec 105......       914
                                     PL 92-39 Sec 202......       915
    Commission authority...........  PL 92-39 Sec 104......       913
                                     PL 92-39 Sec 201......       915
    Micronesian Claims Commission    PL 92-39 Sec 103......       912
     establishment.
    Payments.......................  PL 92-39 Sec 106......       914
    Purpose........................  PL 92-39 Sec 101......       911
    Remaining funds................  PL 92-39 Sec 203......       915
  Ryukyu Claims Settlement Act.....  PL 89-296.............       924
    Appropriations authorization...  PL 89-296 Sec 2.......       925
    Payment amounts................  PL 89-296 Sec 3.......       925
Classified materials
  Limitation on State Department     PL 106-567 Sec 309....      1212
   handling, retention and storage
   of.
  State Department, protection of,   PL 107-306 Sec 832....      1214
   policies and procedures.
Clean Air Act Amendments...........  PL 101-549............       663
  Acid rain control program in       PL 101-549 Sec 408....       663
   Canada.
  Air quality monitoring and         PL 101-549 Sec 815....       665
   improvement along U.S.-Mexico
   border.
  Clean coal technologies, report..  PL 101-549 Sec 409....       663
  Equivalent air quality controls    PL 101-549 Sec 811....       664
   among trading nations.
  Stratospheric ozone protection,    PL 101-549 Sec 617....       664
   international cooperation.
Climate change
  Conforming amendment.............  PL 102-486 Sec 1607...       423
  Director of Climate Protection...  PL 102-486 Sec 1603...       421
  Global Change Research Act of
   1990
    Budget coordination............  PL 101-606 Sec 105....       660
    Committee on Earth and           PL 101-606 Sec 102....       656
     Environmental Sciences.
    Definitions....................  PL 101-606 Sec 2......       655
    Findings.......................  PL 101-606 Sec 101(a).       656
    National Global Change Research  PL 101-606 Sec 104....       658
     Plan.
    Purpose........................  PL 101-606 Sec 101(b).       656
    Relation to other authorities..  PL 101-606 Sec 108....       661
    Report.........................  PL 101-606 Sec 107....       661
    Scientific assessment..........  PL 101-606 Sec 106....       660
Climate change--Continued
  Global Change Research Act of
   1990--Continued
    United States Global Change      PL 101-606 Sec 103....       658
     Research Program.
  Global Climate Change Prevention
   Act of 1990
    Agriculture and forestry study.  PL 101-624 Sec 2403...       651
    Appropriations authorization...  PL 101-624 Sec 2412...       654
    Biomass energy demonstration     PL 101-624 Sec 2410...       653
     projects.
    Global Climate Change Program..  PL 101-624 Sec 2402...       650
    Institutes of Tropical Forestry  PL 101-624 Sec 2407...       653
    Interagency cooperation to       PL 101-624 Sec 2411...       654
     maximize biomass growth.
    Line item......................  PL 101-624 Sec 2406...       653
    Office of International          PL 101-624 Sec 2405...       652
     Forestry.
    Urban forestry demonstration     PL 101-624 Sec 2409...       653
     projects.
  Global Climate Change Response     PL 102-486 Sec 1609...       427
   Fund.
  Global warming
    Energy assistance..............  PL 101-167 Sec 534(b).       493
    Export-Import Bank.............  PL 101-167 Sec 534(d).       496
    Foreign Operations, Export       PL 101-513 Sec 533....       487
     Financing, and Related
     Programs Appropriations Act,
     1991.
    Reports and authorities........  PL 101-167 Sec 534(c).       495
    Tropical forestry assistance...  PL 101-167 Sec 534(a).       493
  Greenhouse gases
    Alternative policy mechanisms    PL 102-486 Sec 1604...       421
     for emissions.
    Intensity reducing strategies..  PL 102-486 Sec 1610...       428
    National inventory.............  PL 102-486 Sec 1605(a)       422
    Voluntary reporting............  PL 102-486 Sec 1605(b)       422
  Innovative environmental           PL 102-486 Sec 1608...       423
   technology transfer program.
  International Cooperation in
   Global Change Research Act of
   1990
    Findings.......................  PL 101-606 Sec 202(a).       572
    Global Change Research           PL 101-606 Sec 204....       574
     Information Office.
    International discussions......  PL 101-606 Sec 203....       573
    Purposes.......................  PL 101-606 Sec 202(b).       572
  Least-cost energy strategy.......  PL 102-486 Sec 1602...       419
  Report...........................  PL 102-486 Sec 1601...       418
Climate protection
  Global Climate Protection Act of
   1987
    Findings.......................  PL 100-204 Sec 1102...       674
    International Year of Global     PL 100-204 Sec 1105...       676
     Climate Protection.
    Mandate for action.............  PL 100-204 Sec 1103...       675
    Report.........................  PL 100-204 Sec 1104...       675
    U.S. relations with the          PL 100-204 Sec 1106...       676
     independent states of the
     former Soviet Union.
Coal
  Appropriations authorization.....  PL 102-486 Sec 1341...       418
  Clean coal technologies..........  PL 101-549 Sec 409....       663
  Clean technology export promotion  PL 102-486 Sec 1331...       410
  Conventional technology transfer.  PL 102-486 Sec 1333...       417
  Exports..........................  PL 102-486 Sec 1338...       418
  Innovative clean technology        PL 102-486 Sec 1332...       413
   transfer program.
  Interagency coordination.........  PL 102-486 Sec 1331...       410
Commerce, Department of
  National security emergency
   preparedness responsibilities
    Lead responsibilities..........  EO 12656 Sec 401......      1280
    Support responsibilities.......  EO 12656 Sec 402......      1281
Commerce, Department of--Continued
  Reports eliminated...............  PL 104-66 Sec 1021....      1218
Commercial Space Act of 1998.......  PL 105-303............       784
  Commercial Space Centers           PL 105-303 Sec 106....       788
   administration.
  Commercialization of space         PL 105-303 Sec 101....       785
   station.
  Definitions......................  PL 105-303 Sec 2......       784
  Earth science data sources.......  PL 105-303 Sec 107....       788
  Excess intercontinental ballistic  PL 105-303 Sec 205....       790
   missile use.
  Global positioning system          PL 105-303 Sec 104....       787
   standards promotion.
  National launch capability study.  PL 105-303 Sec 206....       792
  Shuttle privatization............  PL 105-303 Sec 204....       790
  Space science data acquisition...  PL 105-303 Sec 105....       787
  Space transportation services
    Acquisition....................  PL 105-303 Sec 202....       790
    Procurement....................  PL 105-303 Sec 201....       789
Commission on the Ukraine Famine     PL 99-180.............      1288
 Act.
  Administrative provisions........  PL 99-180 Sec 5.......      1290
  Appropriations authorization.....  PL 99-180 Sec 8.......      1291
  Duties...........................  PL 99-180 Sec 3.......      1289
  Establishment....................  PL 99-180 Sec 1.......      1288
  Membership.......................  PL 99-180 Sec 4.......      1289
  Powers...........................  PL 99-180 Sec 6.......      1290
  Purpose..........................  PL 99-180 Sec 2.......      1288
  Termination......................  PL 99-180 Sec 7.......      1291
Compact of Free Association Act of   PL 99-239.............      1047
 1985.
  United States-Federated States of
   Micronesia Compact
    Administrative matters.........  PL 99-239 Sec 304.....      1081
    Agreements.....................  PL 99-239 Sec 102.....      1050
    Approval.......................  PL 99-239 Sec 101.....      1048
    Audit agreements implementation  PL 99-239 Sec 110.....      1077
    Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
    Conference.....................  PL 99-239 Sec 303.....      1081
    Construction contract            PL 99-239 Sec 106.....      1075
     assistance.
    Findings.......................  PL 99-239 Sec 301.....      1080
    Interpretation and policy......  PL 99-239 Sec 104.....      1065
    Jurisdiction...................  PL 99-239 Sec 202.....      1079
    Limitations....................  PL 99-239 Sec 107.....      1076
    Payment timing.................  PL 99-239 Sec 109.....      1077
    Reports........................  PL 99-239 Sec 302.....      1080
    Supplemental provisions........  PL 99-239 Sec 105.....      1069
    Tax provisions.................  PL 99-239 Sec 405.....      1081
                                     PL 99-239 Sec 407.....      1082
    Transitional immigration rules.  PL 99-239 Sec 108.....      1077
  United States-Republic of the
   Marshall Islands Compact
    Administrative matters.........  PL 99-239 Sec 304.....      1081
    Agreements.....................  PL 99-239 Sec 103.....      1054
    Approval.......................  PL 99-239 Sec 101.....      1048
    Audit agreements implementation  PL 99-239 Sec 110.....      1077
    Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
    Conference.....................  PL 99-239 Sec 303.....      1081
    Construction contract            PL 99-239 Sec 106.....      1075
     assistance.
    Findings.......................  PL 99-239 Sec 301.....      1080
    Interpretation and policy......  PL 99-239 Sec 104.....      1065
    Jurisdiction...................  PL 99-239 Sec 202.....      1079
    Limitations....................  PL 99-239 Sec 107.....      1076
    Payment timing.................  PL 99-239 Sec 109.....      1077
    Reports........................  PL 99-239 Sec 302.....      1080
    Supplemental provisions........  PL 99-239 Sec 105.....      1069
    Tax provisions.................  PL 99-239 Sec 405.....      1081
                                     PL 99-239 Sec 407.....      1082
    Transitional immigration rules.  PL 99-239 Sec 108.....      1077
Compact of Free Association          PL 108-188............       926
 Amendments Act of 2003.
Compact of Free Association
 Amendments Act of 2003--Continued
  United States-Federated States of
   Micronesia Compact
    Accountability.................  PL 108-188 Sec 212....       982
    Administrative provisions......  PL 108-188 Sec 231....       987
                                     PL 108-188 Sec 232....       987
                                     PL 108-188 Sec 233....       987
                                     PL 108-188 Sec 234....       987
    Agreement acceptance...........  PL 108-188 Sec 471....      1004
    Agreements.....................  PL 108-188 Sec 102....       932
    Appropriations authorization...  PL 108-188 Sec 109....       964
    Approval.......................  PL 108-188 Sec 101....       929
                                     PL 108-188 Sec 411....       996
    Authorities and responsibility.  PL 108-188 Sec 352....       994
    Communications.................  PL 108-188 Sec 131....       968
                                     PL 108-188 Sec 132....       968
    Compensatory adjustments.......  PL 108-188 Sec 108....       963
    Conference and dispute           PL 108-188 Sec 421....       996
     resolution.
                                     PL 108-188 Sec 422....       996
                                     PL 108-188 Sec 423....       996
                                     PL 108-188 Sec 424....       996
    Construction contract            PL 108-188 Sec 106....       962
     assistance.
    Defense facilities and           PL 108-188 Sec 321....       992
     operating rights.
                                     PL 108-188 Sec 322....       993
                                     PL 108-188 Sec 323....       993
    Defense treaties and             PL 108-188 Sec 331....       993
     international security
     agreements.
    Definition of terms............  PL 108-188 Sec 461....      1001
                                     PL 108-188 Sec 462....      1002
                                     PL 108-188 Sec 463....      1003
    Environmental protection.......  PL 108-188 Sec 161....       973
                                     PL 108-188 Sec 162....       975
                                     PL 108-188 Sec 163....       975
    Finance and taxation...........  PL 108-188 Sec 251....       989
                                     PL 108-188 Sec 252....       989
                                     PL 108-188 Sec 253....       989
                                     PL 108-188 Sec 254....       989
                                     PL 108-188 Sec 255....       990
    Foreign affairs................  PL 108-188 Sec 121....       967
                                     PL 108-188 Sec 122....       967
                                     PL 108-188 Sec 123....       967
                                     PL 108-188 Sec 124....       967
                                     PL 108-188 Sec 125....       968
                                     PL 108-188 Sec 126....       968
                                     PL 108-188 Sec 127....       968
    Immigration....................  PL 108-188 Sec 141....       969
                                     PL 108-188 Sec 142....       972
                                     PL 108-188 Sec 143....       972
    Inflation adjustment...........  PL 108-188 Sec 217....       984
    Interpretation and policy......  PL 108-188 Sec 104....       944
    Joint Committee................  PL 108-188 Sec 351....       994
    Joint Economic Management        PL 108-188 Sec 213....       983
     Committee.
    Legal provisions...............  PL 108-188 Sec 171....       976
                                     PL 108-188 Sec 172....       976
                                     PL 108-188 Sec 173....       976
                                     PL 108-188 Sec 174....       977
                                     PL 108-188 Sec 175....       978
                                     PL 108-188 Sec 176....       978
                                     PL 108-188 Sec 177....       978
                                     PL 108-188 Sec 178....       979
                                     PL 108-188 Sec 179....       980
    Payment to citizens employed by  PL 108-188 Sec 110....       965
     the U.S. Government.
    Preamble.......................  PL 108-188 Sec 201....       965
    Prohibition....................  PL 108-188 Sec 107....       963
Compact of Free Association
 Amendments Act of 2003--Continued
  United States-Federated States of
   Micronesia Compact--Continued
    Report.........................  PL 108-188 Sec 214....       983
    Representation.................  PL 108-188 Sec 151....       972
    Sector grants..................  PL 108-188 Sec 211....       980
                                     PL 108-188 Sec 216....       984
    Security and defense authority   PL 108-188 Sec 311....       990
     and responsibility.
                                     PL 108-188 Sec 312....       991
                                     PL 108-188 Sec 313....       991
                                     PL 108-188 Sec 314....       991
                                     PL 108-188 Sec 315....       992
                                     PL 108-188 Sec 316....       992
    Self-government................  PL 108-188 Sec 111....       966
    Service in Armed Forces of the   PL 108-188 Sec 341....       993
     United States.
                                     PL 108-188 Sec 342....       993
    Services and program assistance  PL 108-188 Sec 221....       985
                                     PL 108-188 Sec 222....       986
                                     PL 108-188 Sec 223....       986
                                     PL 108-188 Sec 224....       986
    Supplemental provisions........  PL 108-188 Sec 105....       951
    Survivability..................  PL 108-188 Sec 451....       998
                                     PL 108-188 Sec 452....       999
                                     PL 108-188 Sec 453....      1000
                                     PL 108-188 Sec 454....      1000
    Termination....................  PL 108-188 Sec 441....       998
                                     PL 108-188 Sec 442....       998
                                     PL 108-188 Sec 443....       998
    Threats to peace and security..  PL 108-188 Sec 353....       994
    Trade..........................  PL 108-188 Sec 241....       988
                                     PL 108-188 Sec 242....       988
                                     PL 108-188 Sec 243....       989
                                     PL 108-188 Sec 244....       989
    Trust Fund contributions.......  PL 108-188 Sec 215....       983
                                     PL 108-188 Sec 216....       984
  United States-Republic of the
   Marshall Islands Compact
    Accountability.................  PL 108-188 Sec 213....      1023
    Administrative provisions......  PL 108-188 Sec 231....      1028
                                     PL 108-188 Sec 232....      1028
                                     PL 108-188 Sec 233....      1028
                                     PL 108-188 Sec 234....      1028
    Agreement acceptance...........  PL 108-188 Sec 471....      1045
                                     PL 108-188 Sec 472....      1004
    Agreements.....................  PL 108-188 Sec 103....       934
                                     PL 108-188 Sec 354....      1036
    Appropriations authorization...  PL 108-188 Sec 109....       964
    Approval.......................  PL 108-188 Sec 101....       929
                                     PL 108-188 Sec 411....      1037
    Authorities and responsibility.  PL 108-188 Sec 352....      1036
    Carry-over of unused funds.....  PL 108-188 Sec 219....      1026
    Communications.................  PL 108-188 Sec 131....      1007
                                     PL 108-188 Sec 132....      1008
    Compensatory adjustments.......  PL 108-188 Sec 108....       963
    Conference and dispute           PL 108-188 Sec 421....      1038
     resolution.
                                     PL 108-188 Sec 422....      1038
                                     PL 108-188 Sec 423....      1038
                                     PL 108-188 Sec 424....      1038
    Construction contract            PL 108-188 Sec 106....       962
     assistance.
    Defense facilities and           PL 108-188 Sec 321....      1034
     operating rights.
Compact of Free Association
 Amendments Act of 2003--Continued
  United States-Republic of the
   Marshall Islands Compact--
   Continued
    Defense facilities and
     operating rights--Continued
                                     PL 108-188 Sec 322....      1034
                                     PL 108-188 Sec 323....      1034
    Defense treaties and             PL 108-188 Sec 331....      1034
     international security
     agreements.
    Definition of terms............  PL 108-188 Sec 461....      1042
                                     PL 108-188 Sec 462....      1044
                                     PL 108-188 Sec 463....      1045
    Environmental protection.......  PL 108-188 Sec 161....      1012
                                     PL 108-188 Sec 162....      1014
                                     PL 108-188 Sec 163....      1015
    Finance and taxation...........  PL 108-188 Sec 251....      1030
                                     PL 108-188 Sec 252....      1030
                                     PL 108-188 Sec 253....      1031
                                     PL 108-188 Sec 254....      1031
                                     PL 108-188 Sec 255....      1031
    Foreign affairs................  PL 108-188 Sec 121....      1006
                                     PL 108-188 Sec 122....      1006
                                     PL 108-188 Sec 123....      1007
                                     PL 108-188 Sec 124....      1007
                                     PL 108-188 Sec 125....      1007
                                     PL 108-188 Sec 126....      1007
                                     PL 108-188 Sec 127....      1007
    Grant assistance...............  PL 108-188 Sec 211....      1020
    Grant funding..................  PL 108-188 Sec 217....      1025
    Immigration....................  PL 108-188 Sec 141....      1008
                                     PL 108-188 Sec 142....      1011
                                     PL 108-188 Sec 143....      1011
    Inflation adjustment...........  PL 108-188 Sec 218....      1026
    Interpretation and policy......  PL 108-188 Sec 104....       944
    Joint Committee................  PL 108-188 Sec 351....      1035
    Joint Economic Management        PL 108-188 Sec 214....      1024
     Financial Accountability
     Committee.
    Kwajalein impact and use.......  PL 108-188 Sec 212....      1023
    Legal provisions...............  PL 108-188 Sec 171....      1016
                                     PL 108-188 Sec 172....      1016
                                     PL 108-188 Sec 173....      1016
                                     PL 108-188 Sec 174....      1016
                                     PL 108-188 Sec 175....      1017
                                     PL 108-188 Sec 176....      1018
                                     PL 108-188 Sec 177....      1018
                                     PL 108-188 Sec 178....      1019
                                     PL 108-188 Sec 179....      1019
    Payment to citizens employed by  PL 108-188 Sec 110....       965
     the U.S. Government.
    Preamble.......................  PL 108-188 Sec 472....      1004
    Prohibition....................  PL 108-188 Sec 107....       963
    Report.........................  PL 108-188 Sec 215....      1024
    Representation.................  PL 108-188 Sec 151....      1012
                                     PL 108-188 Sec 152....      1012
    Security and defense authority   PL 108-188 Sec 311....      1032
     and responsibility.
                                     PL 108-188 Sec 312....      1032
                                     PL 108-188 Sec 313....      1032
                                     PL 108-188 Sec 314....      1032
                                     PL 108-188 Sec 315....      1033
                                     PL 108-188 Sec 316....      1033
    Self-government................  PL 108-188 Sec 111....      1006
    Service in Armed Forces of the   PL 108-188 Sec 341....      1035
     United States.
Compact of Free Association
 Amendments Act of 2003--Continued
  United States-Republic of the
   Marshall Islands Compact--
   Continued
    Service in Armed Forces of the
     United States--Continued
                                     PL 108-188 Sec 342....      1035
    Services and program assistance  PL 108-188 Sec 221....      1026
                                     PL 108-188 Sec 222....      1027
                                     PL 108-188 Sec 223....      1027
                                     PL 108-188 Sec 224....      1027
    Supplemental provisions........  PL 108-188 Sec 105....       951
    Survivability..................  PL 108-188 Sec 451....      1040
                                     PL 108-188 Sec 452....      1040
                                     PL 108-188 Sec 453....      1041
                                     PL 108-188 Sec 454....      1042
    Termination....................  PL 108-188 Sec 441....      1039
                                     PL 108-188 Sec 442....      1039
                                     PL 108-188 Sec 443....      1040
    Threats to peace and security..  PL 108-188 Sec 353....      1036
    Trade..........................  PL 108-188 Sec 241....      1029
                                     PL 108-188 Sec 242....      1029
                                     PL 108-188 Sec 243....      1030
                                     PL 108-188 Sec 244....      1030
    Trust Fund contributions.......  PL 108-188 Sec 216....      1024
                                     PL 108-188 Sec 217....      1025
Compact of Free Association with     PL 101-219............      1083
 Palau implementation.
  Agreements.......................  PL 101-219 Sec 110....      1085
  Antidrug program.................  PL 101-219 Sec 103....      1084
  Audit certification..............  PL 101-219 Sec 106....      1084
  Defense sites acquisition........  PL 101-219 Sec 107....      1085
  Energy assistance funding          PL 101-219 Sec 111....      1086
   modification.
  Entry into force of Compact......  PL 101-219 Sec 101....      1083
  Federal programs coordination      PL 101-219 Sec 108....      1085
   personnel.
  Fiscal procedures assistance.....  PL 101-219 Sec 102....      1083
  Public auditor and special         PL 101-219 Sec 104....      1084
   prosecutor.
  Referendum costs.................  PL 101-219 Sec 109....      1085
  Submission of agreements.........  PL 101-219 Sec 112....      1086
  Transition funding...............  PL 101-219 Sec 113....      1087
Compact of Free Association with
 the Republic of Palau
  Placing into full force and        Proc 6726.............      1159
   effect.
Compacts of Free Association
  Approval of Agreement Between      PL 101-62.............      1092
   United States and Marshall
   Islands and Between United
   States and Micronesia to Amend
   Governmental Representation
   Provisions.
  Compact of Free Association Act    PL 99-239.............      1047
   of 1985.
  Compact of Free Association        PL 108-188............       926
   Amendments Act of 2003.
  Compact of Free Association with   PL 101-219............      1083
   Palau implementation.
  Compact of Free Association with
   the Republic of Palau
    Placing into full force and      Proc 6726.............      1159
     effect.
  Covenant to Establish a            PL 94-241.............      1130
   Commonwealth of the Northern
   Mariana Islands.
  Implementation of Covenant with    Proc 5564.............      1156
   the Commonwealth of the Northern
   Mariana Islands and the Compacts
   of Free Association, 1986.
  Interior appropriations for
   Compact of Free Association
    Appropriations authorization...  PL 109-54.............      1091
Compacts of Free Association--
 Continued
  Management of Compacts with the    EO 12569..............      1152
   Republic of the Marshall
   Islands, the Federated States of
   Micronesia and the Republic of
   Palau.
                                     EO 12569..............      1152
  Omnibus Insular Areas Act of 1992  PL 102-247............      1088
    Appropriations authorization...  PL 102-247 Sec 202....      1088
    Definitions....................  PL 102-247 Sec 201....      1088
    Freely Associated State Air      PL 102-247 Sec 303....      1090
     Carrier.
    Hazard mitigation..............  PL 102-247 Sec 204....      1089
    Insular government purchases...  PL 102-247 Sec 302....      1089
    Technical assistance...........  PL 102-247 Sec 203....      1089
  Relations with the Northern        EO 12572..............      1151
   Mariana Islands.
  United States-Palau Compact of     PL 99-658.............      1093
   Free Association.
Conference on Security and           PL 102-138 Sec 169....       839
 Cooperation in Europe (CSCE).
Congo Basin Forest Partnership Act   PL 108-200............       526
 of 2004.
  Appropriations authorization.....  PL 108-200 Sec 3......       527
  Findings.........................  PL 108-200 Sec 2......       526
Consultative Commission on Western
 Hemisphere Energy and Environment
  Composition......................  PL 102-486 Sec 3020(d)       433
  Definition.......................  PL 102-486 Sec 3020(b)       433
  Findings.........................  PL 102-486 Sec 3020(a)       432
  Negotiations.....................  PL 102-486 Sec 3020(c)       433
  Objectives.......................  PL 102-486 Sec 3020(d)       433
  Report...........................  PL 102-486 Sec 3020(e)       433
Contiguous zone of the United        Proc 7219.............       111
 States.
Continuation of Reports Terminated   PL 106-113............      1222
 by the Federal Reports Elimination
 and Sunset Act of 1995.
Cooperative East-West ventures in    PL 98-562.............       795
 space.
Coral reef protection..............  EO 13089..............       157
  Definitions......................  EO 13089 Sec 1........       157
  Federal agency responsibilities..  EO 13089 Sec 3........       158
  Policy...........................  EO 13089 Sec 2........       157
  U.S. Coral Reef Task Force
    Conservation, mitigation and     EO 13089 Sec 5(c).....       159
     restoration.
    Coral Reef mapping and           EO 13089 Sec 5(a).....       158
     monitoring.
    International cooperation......  EO 13089 Sec 5(d).....       159
    Members........................  EO 13089 Sec 4........       158
    Research duties................  EO 13089 Sec 5(b).....       159
Counterterrorism. See Terrorism
Covenant to Establish a              PL 94-241.............      1130
 Commonwealth of the Northern
 Mariana Islands.
  Agreement........................  PL 94-241 Sec 3.......      1147
  Applicability of laws............  PL 94-241 Sec 501.....      1135
                                     PL 94-241 Sec 502.....      1135
                                     PL 94-241 Sec 503.....      1136
                                     PL 94-241 Sec 504.....      1136
                                     PL 94-241 Sec 505.....      1136
                                     PL 94-241 Sec 506.....      1137
  Approval.........................  PL 94-241 Sec 1001....      1145
                                     PL 94-241 Sec 1002....      1145
                                     PL 94-241 Sec 1003....      1146
                                     PL 94-241 Sec 1004....      1146
  Citizenship and nationality......  PL 94-241 Sec 301.....      1133
                                     PL 94-241 Sec 302.....      1133
                                     PL 94-241 Sec 303.....      1134
                                     PL 94-241 Sec 304.....      1134
  Constitution.....................  PL 94-241 Sec 201.....      1132
Covenant to Establish a
 Commonwealth of the Northern
 Mariana Islands--Continued
  Constitution--Continued
                                     PL 94-241 Sec 202.....      1132
                                     PL 94-241 Sec 203.....      1132
                                     PL 94-241 Sec 204.....      1133
  Definitions......................  PL 94-241 Sec 1005....      1146
  Financial assistance.............  PL 94-241 Sec 4.......      1148
                                     PL 94-241 Sec 701.....      1140
                                     PL 94-241 Sec 702.....      1140
                                     PL 94-241 Sec 703.....      1140
                                     PL 94-241 Sec 704.....      1141
  Implementation of Covenant, 1986.  Proc 5564.............      1156
  Judicial authority...............  PL 94-241 Sec 401.....      1134
                                     PL 94-241 Sec 402.....      1134
                                     PL 94-241 Sec 403.....      1134
  Performance standards............  PL 94-241 Sec 5.......      1149
  Political relationship...........  PL 94-241 Sec 101.....      1131
                                     PL 94-241 Sec 102.....      1131
                                     PL 94-241 Sec 103.....      1132
                                     PL 94-241 Sec 104.....      1132
                                     PL 94-241 Sec 105.....      1132
  Property.........................  PL 94-241 Sec 801.....      1141
                                     PL 94-241 Sec 802.....      1141
                                     PL 94-241 Sec 803.....      1142
                                     PL 94-241 Sec 804.....      1143
                                     PL 94-241 Sec 805.....      1143
                                     PL 94-241 Sec 806.....      1143
  Relations with the United States.  EO 12572..............      1151
  Representative and consultation..  PL 94-241 Sec 901.....      1144
                                     PL 94-241 Sec 902.....      1144
                                     PL 94-241 Sec 903.....      1145
                                     PL 94-241 Sec 904.....      1145
  Revenue and taxation.............  PL 94-241 Sec 601.....      1137
                                     PL 94-241 Sec 602.....      1138
                                     PL 94-241 Sec 603.....      1138
                                     PL 94-241 Sec 604.....      1138
                                     PL 94-241 Sec 605.....      1138
                                     PL 94-241 Sec 606.....      1138
                                     PL 94-241 Sec 607.....      1139
  Sense of Congress................  PL 94-241 Sec 2.......      1147
  Transitional immigration rules...  PL 99-239 Sec 108.....      1077
CSCE. See Conference on Security
 and Cooperation in Europe
Cuba
  International claims settlement
    Definitions....................  PL 81-455 Sec 502.....       885
    Purpose........................  PL 81-455 Sec 501.....       885
Currency availability..............  PL 83-665 Sec 502.....       827
Cyprus
  Investigation of U.S. citizens     PL 103-372 Sec 1......      1322
   missing since 1974.
Czech Republic Memorial Honoring
 Tomas G. Masaryk
  Authority to establish...........  PL 107-61 Sec 1.......      1321
  Limitation on payment of expenses  PL 107-61 Sec 2.......      1321
Czechoslovakia
  International claims settlement
    Applicable provisions..........  PL 81-455 Sec 416.....       884
    Appropriations authorization...  PL 81-455 Sec 417.....       884
    Award amounts..................  PL 81-455 Sec 407.....       882
    Certification..................  PL 81-455 Sec 410.....       883
    Claims Fund....................  PL 81-455 Sec 402.....       880
    Definitions....................  PL 81-455 Sec 401.....       879
    Judicial relief................  PL 81-455 Sec 403.....       881
    Ownership interest.............  PL 81-455 Sec 406.....       882
    Payments.......................  PL 81-455 Sec 413.....       883
    Property ownership.............  PL 81-455 Sec 405.....       882
Czechoslovakia--Continued
  International claims settlement--
   Continued
    Public notice..................  PL 81-455 Sec 411.....       883
    Records........................  PL 81-455 Sec 415.....       884
    Remuneration...................  PL 81-455 Sec 414.....       884
    Settlement period..............  PL 81-455 Sec 412.....       883
    Validity of claims.............  PL 81-455 Sec 404.....       881
    Vested claims..................  PL 81-455 Sec 408.....       882
    Violations.....................  PL 81-455 Sec 409.....       883
Czechoslovakian Claims Settlement    PL 97-127.............       903
 Act of 1981.
  Agreement approval...............  PL 97-127 Sec 2.......       903
  Agreement implementation.........  PL 97-127 Sec 10......       908
  Awards payment...................  PL 97-127 Sec 8.......       906
  Claims Fund......................  PL 97-127 Sec 4.......       904
  Definitions......................  PL 97-127 Sec 3.......       903
  Determination of claims..........  PL 97-127 Sec 5.......       904
  Findings.........................  PL 97-127 Sec 6.......       905
  Funds investment.................  PL 97-127 Sec 9.......       907
  Procedures.......................  PL 97-127 Sec 7.......       906
  Social security agreement........  PL 97-127 Sec 11......       908
 
 
                                    D
 
David L. Boren National Security     PL 102-183............      1236
 Education Act of 1991.
  Definitions......................  PL 102-183 Sec 808....      1249
  Findings and purposes............  PL 102-183 Sec 801....      1236
  Fiscal year 1992 funding.........  PL 102-183 Sec 809....      1249
  Funding..........................  PL 102-183 Sec 810....      1250
  GAO audits.......................  PL 102-183 Sec 807....      1248
  National Security Education Board  PL 102-183 Sec 803....      1244
  National Security Education Trust  PL 102-183 Sec 804....      1246
   Fund.
  Regulations and administrative     PL 102-183 Sec 805....      1247
   provisions.
  Report...........................  PL 102-183 Sec 806....      1247
  Scholarship, fellowship and grant  PL 102-183 Sec 802....      1237
   program.
Debt exchanges
  Environmental policy, sense of     PL 101-240 Sec 511....       620
   Congress.
Debt-for-development swaps
  International Financial            PL 95-118 Sec 1608....       614
   Institutions Act.
Debt-for-nature exchanges
  Assistance for commercial          PL 87-195 Sec 462.....       476
   exchanges.
  Definition.......................  PL 87-195 Sec 461.....       476
  Eligible countries...............  PL 87-195 Sec 464.....       477
  Eligible projects................  PL 87-195 Sec 463.....       476
  International Financial
   Institutions Act.
    Multilateral development banks.  PL 95-118 Sec 1614....       616
  Pilot program for sub-Saharan      PL 87-195 Sec 466.....       478
   Africa.
  Terms and conditions.............  PL 87-195 Sec 465.....       477
Deep Seabed Hard Mineral Removal     PL 96-283.............       105
 Tax Act of 1979.
  Deep Seabed Revenue Sharing Trust  PL 96-283 Sec 403.....       105
   Fund establishment.
  Tax, customs and tariff treatment  PL 96-283 Sec 404.....       107
   of deep seabed mining.
Deep Seabed Hard Mineral Resources   PL 96-283.............        72
 Act.
  Appropriations authorization.....  PL 96-283 Sec 310.....       105
  Civil actions....................  PL 96-283 Sec 117.....        95
  Civil forfeitures................  PL 96-283 Sec 306.....       102
  Civil penalties..................  PL 96-283 Sec 302.....       100
  Criminal offense.................  PL 96-283 Sec 303.....       100
  Declaration of congressional       PL 96-283 Sec 201.....        97
   intent.
  Definitions......................  PL 96-283 Sec 4.......        75
  Diligence requirements...........  PL 96-283 Sec 108.....        89
Deep Seabed Hard Mineral Resources
 Act--Continued
  Disclaimer of obligations to pay   PL 96-283 Sec 204.....        99
   compensation.
  Duration of licenses and permits.  PL 96-283 Sec 107.....        88
  Enforcement......................  PL 96-283 Sec 304.....       101
  Environmental protection.........  PL 96-283 Sec 109.....        89
  Findings.........................  PL 96-283 Sec 2(a)....        72
  Interim investments protection...  PL 96-283 Sec 203.....        98
  International agreement effect...  PL 96-283 Sec 202.....        98
  International objectives.........  PL 96-283 Sec 3.......        74
  Jurisdiction of courts...........  PL 96-283 Sec 307.....       103
  License and permit applications,   PL 96-283 Sec 103.....        80
   review and certification.
  License and permit fees..........  PL 96-283 Sec 104.....        84
  Licenses for exploration and       PL 96-283 Sec 102.....        78
   permits for commercial recovery.
  Monitoring of activities of        PL 96-283 Sec 114.....        93
   licensees and permittees.
  Natural resources conservation...  PL 96-283 Sec 110.....        92
  Prevention of interference with    PL 96-283 Sec 111.....        92
   other high seas uses.
  Prohibited activities by U.S.      PL 96-283 Sec 101.....        76
   citizens.
  Prohibited acts..................  PL 96-283 Sec 301.....        99
  Public disclosure................  PL 96-283 Sec 113(c)..        93
  Public notice and hearings.......  PL 96-283 Sec 116.....        94
  Purposes.........................  PL 96-283 Sec 2(b)....        73
  Reciprocating states.............  PL 96-283 Sec 118.....        96
  Records and audits...............  PL 96-283 Sec 113.....        93
  Regulations......................  PL 96-283 Sec 308.....       103
  Relinquishment, surrender and      PL 96-283 Sec 115.....        94
   transfer of licenses and permits.
  Report...........................  PL 96-283 Sec 309.....       104
  Safety of life and property at     PL 96-283 Sec 112.....        92
   sea.
  Severability.....................  PL 96-283 Sec 311.....       105
  Suspension and modification of     PL 96-283 Sec 106.....        86
   activities.
  Tax..............................  PL 96-283 Title IV....       105
  Transfer of licenses and permits.  PL 96-283 Sec 105.....        84
  Vessel liability.................  PL 96-283 Sec 305.....       102
Deep Seabed Revenue Sharing Trust
 Fund
  Creation of......................  PL 96-283 Sec 403(a)..       105
  Expenditures from................  PL 96-283 Sec 403(d)..       106
  International deep seabed treaty   PL 96-283 Sec 403(f)..       107
   defined.
  Management of....................  PL 96-283 Sec 403(c)..       106
  Transfer of amounts equivalent to  PL 96-283 Sec 403(b)..       105
   taxes.
Deepwater Port Act of 1974.........  PL 93-627.............       144
  Declaration of policy............  PL 93-627 Sec 2.......       144
  Definitions......................  PL 93-627 Sec 3.......       145
  Environmental protection.........  PL 93-627 Sec 10......       147
  International agreements.........  PL 93-627 Sec 11......       148
  Navigational safety..............  PL 93-627 Sec 10......       147
  Negotiations with Canada and       PL 93-627 Sec 22......       150
   Mexico.
  Relationship to other laws.......  PL 93-627 Sec 19......       148
Defense, Department of
  National security emergency
   preparedness responsibilities
    Lead responsibilities..........  EO 12656 Sec 501......      1281
    Support responsibilities.......  EO 12656 Sec 502......      1283
Department of State Appropriation
 Act, 1988
  Interparliamentary groups
    Permanent appropriations.......  PL 100-202 Sec 303....       835
Department of State Authorization
 Act, FY 1984 and 1985
  Interparliamentary groups
    United States-Europe groups,     PL 98-164 Sec 109.....       836
     appropriations authorization.
Department of the Interior,
 Environment, and Related Agencies
 Appropriations Act, 2006
  Interior appropriations for        PL 109-54.............      1091
   Compact of Free Association.
  Interior appropriations for Trust  PL 109-54 Title I.....       922
   Territory of the Pacific Islands.
Departments of State and Justice,
 the Judiciary, and Related
 Agencies Appropriations Act of
 1959
  Interparliamentary Union
    Designation of Senate delegates  PL 85-474.............       833
Developing countries
  Global Environmental Protection
   Assistance Act of 1989
    Appropriations authorization...  PL 101-240 Sec 738....       626
    Definitions....................  PL 101-240 Sec 731....       622
    Fellowship and exchange          PL 101-240 Sec 737....       626
     programs.
    Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
     Reducing Technology Export
     Initiative.
    Greenhouse gas intensity         PL 101-240 Sec 733....       624
     reducing technology inventory.
    Greenhouse gas intensity         PL 101-240 Sec 732....       622
     reduction.
    Technology demonstration         PL 101-240 Sec 736....       625
     projects.
    Trade-related barriers to        PL 101-240 Sec 734....       624
     export of technologies.
Diplomacy
  Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
   centers limitation.
  Foreign Relations Authorization
   Act, FY 1979
    Declaration of policy..........  PL 95-426 Sec 502.....       520
    Findings.......................  PL 95-426 Sec 501.....       519
    Presidential responsibilities..  PL 95-426 Sec 503.....       520
    Secretary of State               PL 95-426 Sec 504.....       521
     responsibilities.
Dolphin Protection Consumer          PL 101-627............       251
 Information Act.
  Certification by captain and       PL 101-627 Sec 901(h).       256
   observer.
  Definitions......................  PL 101-627 Sec 901(c).       251
  Enforcement......................  PL 101-627 Sec 901(e).       254
  Findings.........................  PL 101-627 Sec 901(b).       251
  Labeling standard................  PL 101-627 Sec 901(d).       252
  Regulations......................  PL 101-627 Sec 901(f).       254
  Secretarial findings.............  L 101-627 Sec 901(g)..       255
Dolphins
  Dolphin Protection Consumer        PL 101-627............       251
   Information Act.
  International Dolphin              PL 102-523............       250
   Conservation Act of 1992.
  International Dolphin              PL 92-522.............       236
   Conservation Program.
  International Dolphin              PL 105-42.............       248
   Conservation Program Act.
Driftnet fishing...................  PL 94-265 Sec 206.....        42
  Certification....................  PL 94-265 Sec 206(f)..        45
  Definition.......................  PL 94-265 Sec 206(h)..        46
  Driftnet impact monitoring,        PL 100-220............       276
   assessment, and control.
  Findings.........................  PL 94-265 Sec 206(b)..        43
  High Seas Driftnet Fisheries       PL 102-582............       266
   Enforcement Act.
  International agreements.........  PL 94-265 Sec 206(d)..        43
  Policy...........................  PL 94-265 Sec 206(c)..        43
  Report...........................  PL 94-265 Sec 206(e)..        45
  Sovereign rights.................  PL 94-265 Sec 206(g)..        45
Driftnet Impact Monitoring,          PL 100-220............       276
 Assessment and Control Act of 1987.
  Alternative materials............  PL 100-220 Sec 4007(b)       279
Driftnet Impact Monitoring,
 Assessment and Control Act of
 1987--Continued
  Appropriations authorization.....  PL 100-220 Sec 4009...       279
  Bounty system....................  PL 100-220 Sec 4007(c)       279
  Construction with other laws.....  PL 100-220 Sec 4008...       279
  Definitions......................  PL 100-220 Sec 4003...       276
  Enforcement agreements...........  PL 100-220 Sec 4006...       278
  Findings.........................  PL 100-220 Sec 4002...       276
  Fishing vessel tracking system...  PL 100-220 Sec 4007(d)       279
  Impact report....................  PL 100-220 Sec 4005...       277
  Marking, registry and              PL 100-220 Sec 4007(a)       278
   identification system.
  Monitoring agreements............  PL 100-220 Sec 4004...       277
  Report...........................  PL 100-220 Sec 4007(e)       279
Driftnet moratorium. See High Seas
 Driftnet Fishing Moratorium
 Protection Act
Drug control
  Department of State international  PL 104-66 Sec 1112....      1219
   narcotics control.
 
 
                                    E
 
Earth Observing System
  Appropriations authorization,      PL 102-588 Sec 102(g).       767
   1993.
Eastern Pacific Ocean Tuna           PL 98-445.............       185
 Licensing Act of 1984.
  Application to other laws........  PL 98-445 Sec 5.......       186
  Appropriations authorization.....  PL 98-445 Sec 10......       189
  Definitions......................  PL 98-445 Sec 2.......       185
  Disposition of fees..............  PL 98-445 Sec 6.......       187
  Enforcement......................  PL 98-445 Sec 9.......       188
  Prohibited acts..................  PL 98-445 Sec 8.......       187
  Regulations......................  PL 98-445 Sec 7.......       187
  Secretary of State authority.....  PL 98-445 Sec 4.......       186
  U.S. representation on the         PL 98-445 Sec 3.......       186
   Council.
Education
  David L. Boren National Security   PL 102-183............      1236
   Education Act of 1991.
    Definitions....................  PL 102-183 Sec 808....      1249
    Findings and purposes..........  PL 102-183 Sec 801....      1236
    Fiscal year 1992 funding.......  PL 102-183 Sec 809....      1249
    Funding........................  PL 102-183 Sec 810....      1250
    General Accounting Office        PL 102-183 Sec 807....      1248
     audits.
    National Security Education      PL 102-183 Sec 803....      1244
     Board.
    National Security Education      PL 102-183 Sec 804....      1246
     Trust Fund.
    Regulations and administrative   PL 102-183 Sec 805....      1247
     provisions.
    Report.........................  PL 102-183 Sec 806....      1247
    Scholarship, fellowship and      PL 102-183 Sec 802....      1237
     grant program.
EEC. See European Economic
 Community
Elections in Peru..................  PL 106-186............      1325
Elephants. See African Elephant      PL 105-96.............       545
 Conservation Act; Asian Elephant
 Conservation Act of 1997
Emergency preparedness
  National security and emergency    EO 12472..............      1264
   preparedness telecommunications
   functions.
    Assignment of responsibilities   EO 12472 Sec 3........      1269
     to other departments and
     agencies.
    Executive Office                 EO 12472 Sec 2........      1267
     responsibilities.
    General provisions.............  EO 12472 Sec 4........      1272
    National Communications System.  EO 12472 Sec 1........      1264
  National security emergency        EO 12656..............      1274
   preparedness responsibilities.
Emergency preparedness--Continued
  National security emergency
   preparedness responsibilities--
   Continued
    Continuity of government.......  EO 12656 Sec 202......      1278
    Department of Commerce.........  EO 12656 Sec 401......      1280
                                     EO 12656 Sec 402......      1281
    Department of Defense..........  EO 12656 Sec 501......      1281
                                     EO 12656 Sec 502......      1283
    Department of State............  EO 12656 Sec 1301.....      1284
                                     EO 12656 Sec 1302.....      1285
    Federal benefit, insurance and   EO 12656 Sec 205......      1279
     loan programs.
    General provisions.............  EO 12656 Sec 201......      1277
    Interagency coordination.......  EO 12656 Sec 105......      1276
    Management.....................  EO 12656 Sec 104......      1275
    Policy.........................  EO 12656 Sec 101......      1274
    Protection of essential          EO 12656 Sec 204......      1279
     resources and facilities.
    Purpose........................  EO 12656 Sec 102......      1275
    Redelegation...................  EO 12656 Sec 207......      1279
    Research.......................  EO 12656 Sec 206......      1279
    Resource management............  EO 12656 Sec 203......      1278
    Retention of existing authority  EO 12656 Sec 209......      1280
    Scope..........................  EO 12656 Sec 103......      1275
    Transfer of functions..........  EO 12656 Sec 208......      1279
    United States Information        EO 12656 Sec 2501.....      1285
     Agency.
                                     EO 12656 Sec 2502.....      1285
Endangered species
  Foreign Assistance Act of 1961...  PL 87-195 Sec 119.....       473
Endangered Species Act of 1973
  African Elephant Conservation      PL 100-478 Sec 2302...       586
   Act, and.
Endangered Species Act of 1973.....  PL 93-205.............       327
  Convention implementation........  PL 93-205 Sec 8A......       332
  Definitions......................  PL 93-205 Sec 3.......       329
  Endangered plants................  PL 93-205 Sec 12......       346
  Exceptions.......................  PL 93-205 Sec 10......       338
  Findings.........................  PL 93-205 Sec 2(a)....       328
  International cooperation........  PL 93-205 Sec 8.......       331
  Policy...........................  PL 93-205 Sec 2(c)....       328
  Prohibited acts..................  PL 93-205 Sec 9.......       334
  Purposes.........................  PL 93-205 Sec 2(b)....       328
Energy
  Independent states of the former   PL 87-195 Sec 498.....       478
   Soviet Union program assistance.
  Trade Promotion Coordinating       PL 102-511 Sec 304....       500
   Committee interagency working
   group.
Energy Emergency Preparedness Act
 of 1982
  Petroleum supply interruptions,    PL 97-229 Sec 6.......       435
   reports.
Energy Policy Act of 1992..........  PL 102-486............       401
  Coal
    Appropriations authorization...  PL 102-486 Sec 1341...       418
    Clean technology export          PL 102-486 Sec 1331...       410
     promotion.
    Conventional technology          PL 102-486 Sec 1333...       417
     transfer.
    Exports........................  PL 102-486 Sec 1338...       418
    Innovative clean technology      PL 102-486 Sec 1332...       413
     transfer program.
    Interagency coordination.......  PL 102-486 Sec 1331...       410
  Consultative Commission on         PL 102-486 Sec 3020...       432
   Western Hemisphere Energy and
   Environment.
  Global climate change
    Director of Climate Protection.  PL 102-486 Sec 1603...       421
    Global Climate Change Response   PL 102-486 Sec 1609...       427
     Fund.
    Greenhouse gas emissions         PL 102-486 Sec 1604...       421
     alternative policy mechanisms.
    Greenhouse gas intensity         PL 102-486 Sec 1610...       428
     reducing strategies.
    Greenhouse gas national          PL 102-486 Sec 1605(a)       422
     inventory.
Energy Policy Act of 1992--
 Continued
  Global climate change--Continued
    Greenhouse gas voluntary         PL 102-486 Sec 1605(b)       422
     reporting.
    Innovative environmental         PL 102-486 Sec 1608...       423
     technology transfer program.
    Least-cost energy strategy.....  PL 102-486 Sec 1602...       419
    Report.........................  PL 102-486 Sec 1601...       418
  Renewable energy
    Data system....................  PL 102-486 Sec 1209...       402
    Export technology training.....  PL 102-486 Sec 1203...       402
    Innovative technology transfer   PL 102-486 Sec 1211...       404
     program.
    Outreach.......................  PL 102-486 Sec 1210...       403
    Production incentive...........  PL 102-486 Sec 1212...       408
    Purposes.......................  PL 102-486 Sec 1201...       402
    Technology evaluation..........  PL 102-486 Sec 1209...       402
  Strategic diversification........  PL 102-486 Sec 3019...       432
  United States Enrichment
   Corporation
    Nuclear export restrictions....  PL 102-486 Sec 903....       401
    Severability...................  PL 102-486 Sec 904....       402
Energy Policy Act of 2005            PL 109-58.............       393
  Energy integration with Latin      PL 109-58 Sec 1807....       399
   America, report.
  National security review of        PL 109-58 Sec 1837....       399
   international energy
   requirements.
  Nuclear material
    Export prohibition to countries  PL 109-58 Sec 632.....       393
     that sponsor terrorism.
    Prohibition on U.S. assumption   PL 109-58 Sec 635.....       393
     of liability for foreign
     incidents.
  Research and development
    Cooperation between the United   PL 109-58 Sec 986.....       395
     States and Israel.
    International training.........  PL 109-58 Sec 986A....       395
    Western Hemisphere cooperation.  PL 109-58 Sec 985.....       394
  Set America Free Act of 2005
    North American energy freedom    PL 109-58 Sec 1424....       399
     policy.
    Purpose........................  PL 109-58 Sec 1422....       396
    United States Commission on      PL 109-58 Sec 1423....       396
     North American Energy Freedom.
Energy Policy and Conservation Act.  PL 94-163.............       438
  Advisory committees..............  PL 94-163 Sec 253.....       449
  Congressional review.............  PL 94-163 Sec 551.....       458
  Definitions......................  PL 94-163 Sec 3.......       439
  Domestic renewable energy          PL 94-163 Sec 256.....       452
   industry.
  Domestic supply use..............  PL 94-163 Sec 103.....       440
  Effect on other laws.............  PL 94-163 Sec 526.....       457
  Enforcement......................  PL 94-163 Sec 525.....       457
  Expedited procedure for            PL 94-163 Sec 552.....       460
   Congressional consideration of
   authorities.
  Information exchange.............  PL 94-163 Sec 254.....       450
  International energy agreement...  PL 94-163 Sec 255.....       452
  International oil allocation.....  PL 94-163 Sec 251.....       441
  International voluntary            PL 94-163 Sec 252.....       442
   agreements.
  Prohibited acts..................  PL 94-163 Sec 524.....       456
  Statement of purposes............  PL 94-163 Sec 2.......       438
Enterprise for the Americas Board
  Establishment....................  PL 83-480 Sec 610(a)..       510
  Government appointees............  EO 13345 Sec 4........       517
  Membership and chairperson.......  PL 83-480 Sec 610(b)..       510
  Responsibilities.................  PL 83-480 Sec 610(c)..       510
Enterprise for the Americas          PL 83-480.............       506
 Environmental Fund
  Benefits eligibility.............  PL 83-480 Sec 603.....       506
  Consultation.....................  PL 83-480 Sec 615.....       512
  Debt reduction...................  PL 83-480 Sec 604.....       507
Enterprise for the Americas
 Environmental Fund--Continued
  Disbursement of funds............  PL 83-480 Sec 609.....       510
  Eligible activities and grantees.  PL 83-480 Sec 612.....       511
  Enterprise for the Americas Board  PL 83-480 Sec 610.....       510
  Environmental framework            PL 83-480 Sec 607.....       508
   agreements.
  Establishment....................  PL 83-480 Sec 608(a)..       509
  Facility establishment...........  PL 83-480 Sec 601.....       506
  Investment.......................  PL 83-480 Sec 608(b)..       509
  Multilateral debt donations        PL 83-480 Sec 613.....       511
   encouragement.
  New obligation interest..........  PL 83-480 Sec 606.....       508
  Notification.....................  PL 83-480 Sec 618.....       514
  Oversight........................  PL 83-480 Sec 611.....       511
  Principal repayment..............  PL 83-480 Sec 605.....       508
  Purpose..........................  PL 83-480 Sec 602.....       506
  Report...........................  PL 83-480 Sec 614.....       512
  Qualified debt
    Definition.....................  PL 83-480 Sec 619.....       515
    Sale, reduction or cancellation  PL 83-480 Sec 617.....       513
    Sale to eligible countries.....  PL 83-480 Sec 616.....       512
Enterprise for the Americas
 Initiative Act of 1992
  Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
Enterprise for the Americas          EO 13345 Sec 1........       516
 Initiative implementation.
  Government appointees............  EO 13345 Sec 4........       517
  Functions........................  EO 13345 Sec 5........       518
  Secretary of State...............  EO 13345 Sec 2........       517
  Secretary of Treasury............  EO 13345 Sec 1........       516
  USAID recommendation.............  EO 13345 Sec 3........       517
Environmental effects abroad of      EO 12114..............       680
 major Federal actions
  Actions..........................  EO 12114 Sec 2-3......       681
    Multi-agency...................  EO 12114 Sec 3-3......       683
    Rights of......................  EO 12114 Sec 3-1......       683
  Agency procedures................  EO 12114 Sec 2-1......       680
  Applicable procedures............  EO 12114 Sec 2-4......       681
  Exemptions and considerations....  EO 12114 Sec 2-5......       682
  Foreign relations................  EO 12114 Sec 3-2......       683
  Information exchange.............  EO 12114 Sec 2-2......       680
  Multiple impacts.................  EO 12114 Sec 3-5......       683
  Purpose and scope................  EO 12114 Sec 1-1......       680
  Terms............................  EO 12114 Sec 3-4......       683
Environmental issues. See also
 Climate change; Global warming
  American Business Centers........  PL 102-511 Sec 301(b).       497
  Bretton Woods Agreements Act
    Alleviating adverse impacts of   PL 79-171 Sec 55......       604
     Fund programs on the poor and
     the environment.
    Fund policy changes............  PL 79-171 Sec 59......       604
  Bureau of Oceans and               PL 93-126 Sec 9.......       523
   International Environmental and
   Scientific Affairs establishment.
  Committee on Earth and             PL 101-606 Sec 102....       656
   Environmental Sciences.
  Compact of Free Association        PL 99-658 Sec 161.....      1106
   between the United States and
   Palau.
                                     PL 99-658 Sec 162.....      1106
                                     PL 99-658 Sec 163.....      1107
  Compact of Free Association        PL 108-188 Sec 161....       973
   between the United States and
   the Federated States of
   Micronesia.
Environmental issues--Continued
  Compact of Free Association
   between the United States and
   the Federated States of
   Micronesia--Continued
                                     PL 108-188 Sec 162....       975
                                     PL 108-188 Sec 163....       975
  Compact of Free Association        PL 108-188 Sec 161....      1012
   between the United States and
   the Republic of the Marshall
   Islands.
                                     PL 108-188 Sec 162....      1014
                                     PL 108-188 Sec 163....      1015
  Debt-for-nature exchanges
    Assistance for commercial        PL 87-195 Sec 462.....       476
     exchanges.
    Definition.....................  PL 87-195 Sec 461.....       476
    Eligible countries.............  PL 87-195 Sec 464.....       477
    Eligible projects..............  PL 87-195 Sec 463.....       476
    Pilot program for sub-Saharan    PL 87-195 Sec 466.....       478
     Africa.
    Terms and conditions...........  PL 87-195 Sec 465.....       477
  Deep Seabed Hard Mineral
   Resources Act
    Natural resources conservation.  PL 96-283 Sec 110.....        92
                                     PL 96-283 Sec 109.....        89
  Endangered species...............  PL 87-195 Sec 119.....       473
  Enterprise for the Americas
   Environmental Fund
    Report.........................  PL 83-480 Sec 614.....       512
  Foreign affairs functions
    Government appointees to the     EO 13345 Sec 4........       517
     Enterprise for the Americas
     Board.
    Guidance for the performance of  EO 13345 Sec 5........       518
     functions.
    Secretary of State.............  EO 13345 Sec 2........       517
    Secretary of Treasury..........  EO 13345 Sec 1........       516
    USAID recommendation...........  EO 13345 Sec 3........       517
  Foreign Assistance Act of 1961...  PL 87-195 Sec 117.....       469
  Foreign Operations, Export
   Financing, and Related Programs
   Appropriations Act, 1990
    Global warming initiative......  PL 101-167 Sec 534....       493
  Foreign Operations, Export         PL 101-513 Sec 533....       487
   Financing, and Related Programs
   Appropriations Act, 1991.
  Foreign Operations, Export
   Financing, and Related Programs
   Appropriations Act, 1993
    Programs.......................  PL 102-391 Sec 532....       483
  Foreign Operations, Export
   Financing, and Related Programs
   Appropriations Act, 2004
    Programs.......................  PL 108-9 Sec 555......       481
  FREEDOM Support Act of 1992
    American Business Centers......  PL 102-511 Sec 301....       497
    Export promotion activities and  PL 102-511 Sec 303....       499
     capital projects funding.
    Independent states definition..  PL 102-511 Sec 3......       497
    Trade Promotion Coordinating     PL 102-511 Sec 304....       500
     Committee interagency working
     group on energy.
  Global Environmental Protection
   Assistance Act of 1989
    Appropriations authorization...  PL 101-240 Sec 738....       626
    Definitions....................  PL 101-240 Sec 731....       622
    Fellowship and exchange          PL 101-240 Sec 737....       626
     programs.
    Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
     Reducing Technology Export
     Initiative.
Environmental issues--Continued
  Global Environmental Protection
   Assistance Act of 1989--
   Continued
    Greenhouse gas intensity         PL 101-240 Sec 732....       622
     reduction.
    Negotiations...................  PL 101-240 Sec 722....       621
    Policy.........................  PL 101-240 Sec 721....       621
    Technology demonstration         PL 101-240 Sec 736....       625
     projects.
    Technology inventory for         PL 101-240 Sec 733....       624
     developing countries.
    Trade-related barriers to        PL 101-240 Sec 734....       624
     export of technologies.
  Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
  Hungary
    Initiatives for................  PL 101-179 Sec 502....       501
    Problems in, report............  PL 101-179 Sec 703....       503
  Independent states of the former
   Soviet Union
    Energy and environment program   PL 87-195 Sec 498.....       478
     assistance.
  International agreements           EO 11742..............       524
   negotiation, Secretary of State
   authority.
  International debt exchanges,      PL 101-240 Sec 511....       620
   sense of Congress.
  International Environmental
   Protection Act of 1983
    Exchange programs..............  PL 98-164 Sec 703.....       677
    International wildlife           PL 98-164 Sec 704.....       677
     resources conservation.
  International Financial
   Institutions Act
    Assistance program management..  PL 95-118 Sec 1302....       608
    Assistance proposals...........  PL 95-118 Sec 1303....       608
                                     PL 95-118 Sec 1306....       609
    Cooperative information          PL 95-118 Sec 1304....       609
     exchange.
    Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
    Educational programs...........  PL 95-118 Sec 1305....       609
    Effect of loans on environment,  PL 95-118 Sec 1703....       619
     public health and indigenous
     people, report.
    Findings.......................  PL 95-118 Sec 1301....       607
    Multilateral development bank    PL 95-118 Sec 1307....       610
     actions impact assessment.
    Multilateral development banks   PL 95-118 Sec 1614....       616
     and debt-for-nature exchanges.
    Promotion of institution-        PL 95-118 Sec 1616....       618
     building for non-governmental
     organizations.
    Promotion of lending for the     PL 95-118 Sec 1615....       617
     environment.
  International Forestry
   Cooperation
    Administrative provisions......  PL 101-513 Sec 609....       492
    Appropriations authorization...  PL 101-513 Sec 610....       492
    Forestry and natural resource    PL 101-513 Sec 602....       491
     assistance.
    Institute of Tropical Forestry.  PL 101-513 Sec 604....       492
    Tropical deforestation plan....  PL 101-513 Sec 603....       491
  Natural resources................  PL 87-195 Sec 117.....       469
  Poland
    Initiatives for................  PL 101-179 Sec 502....       501
    Problems in, report............  PL 101-179 Sec 703....       503
  Strategic Environmental Research
   and Development Program
    Advisory Board.................  10 USC Sec 2904.......       602
    Council........................  10 USC Sec 2902.......       597
    Establishment..................  10 USC Sec 2901(a)....       596
    Executive Director.............  10 USC Sec 2903.......       601
    Purposes.......................  10 USC Sec 2901(b)....       597
  Tropical forests.................  PL 87-195 Sec 118.....       470
Environmental issues--Continued
  United Nations Conference on
   Environment and Development
    U.S. support...................  PL 102-138 Sec 364....       570
  United Nations Environment
   Program Participation Act of
   1973
    Appropriation authorization....  PL 93-188 Sec 3.......       595
    Policy.........................  PL 93-188 Sec 2.......       595
Estonia
  Governing international fishery    PL 102-587 Sec 1001...       116
   agreements.
Europe
  United States-Europe
   Interparliamentary Groups
    Appropriations authorization...  PL 98-164 Sec 109.....       836
European Economic Community
  Governing international fishery    PL 98-623 Title I.....       123
   agreements.
Exclusive economic zone
  Establishment of the exclusive     Proc 5030.............       108
   economic zone of the United
   States.
  Fishing restriction..............  PL 102-582 Sec 305....       273
  International fishery agreements.  PL 94-265 Sec 202(c)..        27
Exotic birds. See Wild Exotic Bird
 Conservation Act of 1992
Expedition against friendly nation.  18 USC Sec 962........      1188
Export Administration Act of 1979
  Unprocessed timber authority.....  PL 101-382 Sec 499....       671
Export-Import Bank
  Global warming initiative........  PL 101-167 Sec 534(d).       496
Exports
  Coal.............................  PL 102-486 Sec 1338...       418
  Energy
    Clean coal technologies........  PL 101-549 Sec 409....       663
      Promotion....................  PL 102-486 Sec 1331...       410
    Renewable energy technology      PL 102-486 Sec 1203...       402
     training.
  FREEDOM Support Act promotion      PL 102-511 Sec 303....       499
   activities.
  Nuclear materials
    Prohibition to countries that    PL 109-58 Sec 632.....       393
     sponsor terrorism.
    Restrictions...................  PL 102-486 Sec 903....       401
  Trade-related barriers to          PL 101-240 Sec 734....       624
   greenhouse gas intensity
   reducing technologies.
  Tuna products, intermediary        PL 102-582 Sec 401....       275
   nations involvement.
  Unprocessed timber restriction     PL 101-382 Sec 491....       669
   from State and public lands.
 
 
                                    F
 
Federal Reports Elimination and      PL 104-66.............      1218
 Sunset Act of 1995.
  Department of Commerce...........  PL 104-66 Sec 1021....      1218
  Department of State..............  PL 104-66 Sec 1111....      1219
                                     PL 104-66 Sec 1112....      1219
  Termination of reporting           PL 104-66 Sec 3003....      1219
   requirements.
  United States Information Agency.  PL 104-66 Sec 2241....      1219
Federated States of Micronesia. See
 also Compact of Free Association
 Act of 1985; Compact of Free
 Association Amendments Act of 2003
  Approval of Agreement to Amend     PL 101-62.............      1092
   Governmental Representation
   Provisions of the Compact of
   Free Association.
Federated States of Micronesia--
 Continued
  Implementation of the Compact of   Proc 5564.............      1156
   Free Association, 1986.
  Management of 1985 Compact.......  EO 12569..............      1152
    Cooperation among Executive      EO 12569 Sec 5........      1154
     departments and agencies.
    Delegation to the Secretary of   EO 12569 Sec 6........      1154
     Interior.
    Delegation to the Secretary of   EO 12569 Sec 7........      1154
     State.
    Interagency Group on Freely      EO 12569 Sec 3........      1153
     Associated State Affairs.
    Office of Freely Associated      EO 12569 Sec 3........      1153
     State Affairs.
    Responsibility of the Secretary  EO 12569 Sec 2........      1152
     of Interior.
    Responsibility of the Secretary  EO 12569 Sec 1........      1152
     of State.
    Saving provisions..............  EO 12569 Sec 8........      1154
    Supersession...................  EO 12569 Sec 8........      1155
    U.S. Representatives to the      EO 12569 Sec 4........      1154
     Freely Associated States.
Financial institutions. See
 International financial
 institutions
Fisheries Act of 1995..............  PL 104-43.............       209
  Atlantic Tunas Convention
   Authorization Act of 1995
    Atlantic yellowfin tuna          PL 104-43 Sec 309.....       227
     management.
    Bluefin tuna regulations study.  PL 104-43 Sec 310.....       227
    International Commission for     PL 104-43 Sec 311.....       228
     the Conservation of Atlantic
     Tunas negotiations, sense of
     Congress.
    Report.........................  PL 104-43 Sec 302(a)..       226
  Driftnet moratorium
    Certification..................  PL 104-43 Sec 605.....       231
    Enforcement....................  PL 104-43 Sec 606.....       231
    Findings.......................  PL 104-43 Sec 602.....       230
    Negotiations...................  PL 104-43 Sec 604.....       231
    Prohibition....................  PL 104-43 Sec 603.....       231
  Fishermen's Protective Act of
   1967, and
    Findings.......................  PL 104-43 Sec 401.....       228
    Vessel owner reimbursement.....  PL 104-43 Sec 402(c)..       229
  Foreign fishing for Atlantic       PL 104-43 Sec 802.....       235
   herring and Atlantic mackerel.
  High Seas Fishing Compliance Act
   of 1995
    Civil penalties................  PL 104-43 Sec 108.....       216
    Criminal offenses..............  PL 104-43 Sec 109.....       218
    Definitions....................  PL 104-43 Sec 103.....       209
    Enforcement provisions.........  PL 104-43 Sec 107.....       214
    Forfeitures....................  PL 104-43 Sec 110.....       218
    Permit sanctions...............  PL 104-43 Sec 108.....       216
    Permitting.....................  PL 104-43 Sec 104.....       211
    Purpose........................  PL 104-43 Sec 102.....       209
    Responsibilities of the          PL 104-43 Sec 105.....       213
     Secretary.
    Unlawful activities............  PL 104-43 Sec 106.....       214
  Northwest Atlantic Fisheries
   Convention Act of 1995
    Administrative matters.........  PL 104-43 Sec 209.....       224
    Appropriations authorization...  PL 104-43 Sec 211.....       225
    Consultative committee.........  PL 104-43 Sec 208.....       224
    Definitions....................  PL 104-43 Sec 210.....       225
    Interagency cooperation........  PL 104-43 Sec 205.....       222
    Penalties......................  PL 104-43 Sec 207.....       222
    Prohibited acts................  PL 104-43 Sec 207.....       222
    Quota allocation practice......  PL 104-43 Sec 213.....       226
    Report.........................  PL 104-43 Sec 212.....       226
    Rulemaking.....................  PL 104-43 Sec 206.....       222
    Scientific advice requests.....  PL 104-43 Sec 203.....       221
Fisheries Act of 1995--Continued
  Northwest Atlantic Fisheries
   Convention Act of 1995--
   Continued
    Secretary of State authorities.  PL 104-43 Sec 204.....       222
    U.S. representation............  PL 104-43 Sec 202.....       220
  Yukon River Salmon Act
    Administrative matters.........  PL 104-43 Sec 709.....       234
    Advisory Committee.............  PL 104-43 Sec 705.....       233
    Appropriations authorization...  PL 104-43 Sec 710.....       234
    Authority and responsibility...  PL 104-43 Sec 707.....       234
    Continuation of agreement......  PL 104-43 Sec 708.....       234
    Definitions....................  PL 104-43 Sec 703.....       232
    Exemption......................  PL 104-43 Sec 706.....       233
    Panel..........................  PL 104-43 Sec 704.....       232
    Purposes.......................  PL 104-43 Sec 702.....       232
Fishermen's Protective Act of 1967.  PL 83-680.............       374
  Appropriations authorization.....  PL 83-680 Sec 6.......       378
  Compensation for vessel and gear   PL 83-680 Sec 240.....       389
   damage.
  Definitions......................  PL 83-680 Sec 10......       384
  Fees for transit passage.........  PL 83-680 Sec 11......       387
  Fees for vessel seizure..........  PL 83-680 Sec 3.......       376
  Fishermen's Protective Fund......  PL 83-680 Sec 9.......       383
  Secretary of Commerce............  PL 83-680 Sec 8.......       380
  Secretary of State...............  PL 83-680 Sec 5.......       377
                                     PL 83-680 Sec 12......       388
  Treatment of seized vessels......  PL 83-680 Sec 7.......       378
  Vessel seizure
    Basis of claims to jurisdiction  PL 83-680 Sec 2.......       375
    By countries at war with the     PL 83-680 Sec 4.......       377
     United States.
Fishery agreements. See
 International fishery agreements
Fishery Conservation Amendments of   PL 101-627............        63
 1990.
  Certificate of legal origin for    PL 101-627 sec 801....        64
   anadromous fish products.
Fishery conservation and
 management. See Magnuson-Stevens
 Fishery Conservation and
 Management Act
Fishery Conservation Zone            PL 95-6...............        66
 Transition Act.
  Congressional approval of          PL 95-6 Sec 2.........        67
   international fishery agreements.
  Reciprocal fisheries agreement     PL 95-6 Sec 5.........        70
   between the United States and
   Canada.
Fishing and fisheries. See Law of
 the Sea; Maritime legislation
FOIA. See Freedom of Information
 Act
Foreign affairs functions..........  EO 13345 Sec 1........       516
  Government appointees to the       EO 13345 Sec 4........       517
   Enterprise for the Americas
   Board.
  Performance of functions.........  EO 13345 Sec 5........       518
  Secretary of State...............  EO 13345 Sec 2........       517
  Secretary of Treasury............  EO 13345 Sec 1........       516
  USAID recommendation.............  EO 13345 Sec 3........       517
Foreign agents
  Agents of foreign governments....  18 USC Sec 951........      1178
  Foreign  Agents  Registration      PL 75-583.............      1161
   Act  of  1938.
    Applicability of Act...........  PL 75-583 Sec 9.......      1175
    Books and records..............  PL 75-583 Sec 5.......      1172
    Definitions....................  PL 75-583 Sec 1.......      1161
    Enforcement and penalties......  PL 75-583 Sec 8.......      1173
    Exemptions.....................  PL 75-583 Sec 3.......      1168
    Liability of officers..........  PL 75-583 Sec 7.......      1173
    Political propaganda filing and  PL 75-583 Sec 4.......      1170
     labeling.
    Public examination of official   PL 75-583 Sec 6.......      1172
     record.
    Registration...................  PL 75-583 Sec 2.......      1165
Foreign agents--Continued
  Foreign Agents Registration Act
   of 1938--Continued
    Reports........................  PL 75-583 Sec 11......      1175
    Rules and regulations..........  PL 75-583 Sec 10......      1175
    Separability of provisions.....  PL 75-583 Sec 12......      1175
  U.S. public officials and          18 USC Sec 219........      1176
   employees acting as agents of
   foreign principals.
Foreign Agents Registration Act of   PL 75-583.............      1161
 1938.
  Applicability of Act.............  PL 75-583 Sec 9.......      1175
  Books and records................  PL 75-583 Sec 5.......      1172
  Definitions......................  PL 75-583 Sec 1.......      1161
  Enforcement and penalties........  PL 75-583 Sec 8.......      1173
  Exemptions.......................  PL 75-583 Sec 3.......      1168
  Liability of officers............  PL 75-583 Sec 7.......      1173
  Political propaganda filing and    PL 75-583 Sec 4.......      1170
   labeling.
  Public examination of official     PL 75-583 Sec 6.......      1172
   record.
  Registration.....................  PL 75-583 Sec 2.......      1165
  Reports..........................  PL 75-583 Sec 11......      1175
  Rules and regulations............  PL 75-583 Sec 10......      1175
  Separability of provisions.......  PL 75-583 Sec 12......      1175
Foreign Assistance Act of 1961.....  PL 87-195.............       469
  Debt-for-nature exchanges
    Assistance for commercial        PL 87-195 Sec 462.....       476
     exchanges.
    Definition.....................  PL 87-195 Sec 461.....       476
    Eligible countries.............  PL 87-195 Sec 464.....       477
    Eligible projects..............  PL 87-195 Sec 463.....       476
    Pilot program for sub-Saharan    PL 87-195 Sec 466.....       478
     Africa.
    Terms and conditions...........  PL 87-195 Sec 465.....       477
  Endangered species...............  PL 87-195 Sec 119.....       473
  Environment and natural resources  PL 87-195 Sec 117.....       469
  Independent states of the former
   Soviet Union
    Energy and environment program   PL 87-195 Sec 498.....       478
     assistance.
  Tropical forests.................  PL 87-195 Sec 118.....       470
Foreign governments
  Private correspondence...........  PL 80-772.............      1226
Foreign Intelligence
  Committee on.....................  PL 80-253 Sec 101(h)..      1195
Foreign Operations, Export
 Financing, and Related Programs
 Appropriations Act, 1990
  Global warming initiative........  PL 101-167 Sec 534....       493
Foreign Operations, Export           PL 101-513............       487
 Financing, and Related Programs
 Appropriations Act, 1991.
  Environment and global warming...  PL 101-513 Sec 533....       487
  International Forestry
   Cooperation
    Administrative provisions......  PL 101-513 Sec 609....       492
    Appropriations authorization...  PL 101-513 Sec 610....       492
    Forestry and natural resource    PL 101-513 Sec 602....       491
     assistance.
    Institute of Tropical Forestry.  PL 101-513 Sec 604....       492
    Tropical deforestation plan....  PL 101-513 Sec 603....       491
Foreign Operations, Export
 Financing, and Related Programs
 Appropriations Act, 1993
  Environment programs.............  PL 102-391 Sec 532....       483
Foreign Operations, Export
 Financing, and Related Programs
 Appropriations Act, 2004
  Environment programs.............  PL 108-9 Sec 555......       481
Foreign Relations Authorization      PL 95-426.............       519
 Act, FY 1979.
Foreign Relations Authorization
 Act, FY 1979--Continued
  Science, technology, and American
   diplomacy
    Declaration of policy..........  PL 95-426 Sec 502.....       520
    Findings.......................  PL 95-426 Sec 501.....       519
    Presidential responsibilities..  PL 95-426 Sec 503.....       520
    Secretary of State               PL 95-426 Sec 504.....       521
     responsibilities.
Foreign Relations Authorization      PL 99-93..............       900
 Act, FY 1986 and 1987.
  Iran claims settlement
    Bloc settlement................  PL 99-93 Sec 503......       901
    Confidentiality of records.....  PL 99-93 Sec 505......       901
    Deductions from arbitral awards  PL 99-93 Sec 502......       901
    Receipt and determination of     PL 99-93 Sec 501......       900
     claims.
    Reimbursement to the Federal     PL 99-93 Sec 504......       901
     Reserve Bank of New York.
Foreign Relations Authorization      PL 102-138............       838
 Act, FY 1992 and 1993.
  British-American
   Interparliamentary Group
    Appointment of members.........  PL 102-138 Sec 168(b).       838
    Certification of expenditures..  PL 102-138 Sec 168(e).       839
    Chair and Vice Chair...........  PL 102-138 Sec 168(c).       838
    Funding........................  PL 102-138 Sec 168(d).       839
    Meetings.......................  PL 102-138 Sec 168(a).       838
    Report.........................  PL 102-138 Sec 168(f).       839
  Conference on Security and
   Cooperation in Europe
    U.S. delegation................  PL 102-138 Sec 169....       839
Foreign Service enlistment.........  18 USC Sec 959........      1187
Forest Resources Conservation and    PL 101-382............       668
 Shortage Relief Act of 1990.
  Eastern hardwoods study..........  PL 101-382 Sec 498....       670
  Export Administration Act of 1979  PL 101-382 Sec 499....       671
   authority.
  Export restriction of unprocessed  PL 101-382 Sec 491....       669
   timber.
  Findings.........................  PL 101-382 Sec 487(a).       668
  Purposes.........................  PL 101-382 Sec 487(b).       668
Forestry
  Global climate change study......  PL 101-624 Sec 2403...       651
  Institutes of Tropical Forestry..  PL 101-624 Sec 2407...       653
  Office of International Forestry.  PL 101-624 Sec 2405...       652
  Urban forestry demonstration       PL 101-624 Sec 2409...       653
   projects.
Forests. See Tropical forests
Freedom for Russia and Emerging
 Eurasian Democracies and Open
 Markets Support Act of 1992. See
 FREEDOM Support Act of 1992
Freedom of Information Act
  Expedited processing of Nazi war   PL 105-246 Sec 4......      1295
   crimes disclosure requests.
FREEDOM Support Act of 1992........  PL 102-511............       497
                                     ......................       798
  Acquisition of space hardware,     PL 102-511 Sec 601....       798
   technology and services from the
   former Soviet Union.
  American Business Centers........  PL 102-511 Sec 301....       497
  Definitions......................  PL 102-511 Sec 604....       799
  Export promotion activities and    PL 102-511 Sec 303....       499
   capital projects funding.
  Independent states definition....  PL 102-511 Sec 3......       497
  Office of Space Commerce.........  PL 102-511 Sec 602....       798
  Report...........................  PL 102-511 Sec 603....       799
  Trade Promotion Coordinating       PL 102-511 Sec 304....       500
   Committee interagency working
   group on energy.
Freely Associated State Affairs
  Interagency Group and Office.....  EO 12569 Sec 3........      1153
  U.S. Representatives.............  EO 12569 Sec 4........      1154
 
 
                                    G
 
GAO. See Government Accountability
 Office
Geese
  Force and effect of rules to       PL 106-108 Sec 3......       807
   control overabundant mid-
   continent populations.
General Accounting Office. See
 Government Accountability Office
German Democratic Republic
  Governing international fishery    PL 100-350 Sec 1......       120
   agreements.
  International claims settlement
    Application of other laws......  PL 81-455 Sec 613.....       894
    Appropriations.................  PL 81-455 Sec 611.....       893
    Award payment procedures.......  PL 81-455 Sec 608.....       893
    Claims Fund....................  PL 81-455 Sec 607.....       892
    Consolidated awards............  PL 81-455 Sec 606.....       892
    Corporate claims...............  PL 81-455 Sec 604.....       891
    Definitions....................  PL 81-455 Sec 601.....       890
    Fees for services..............  PL 81-455 Sec 612.....       894
    Offsets........................  PL 81-455 Sec 605.....       892
    Ownership of claims............  PL 81-455 Sec 603.....       891
    Protests.......................  PL 81-455 Sec 615.....       894
    Purpose........................  PL 81-455 Sec 600.....       890
    Receipt and determination of     PL 81-455 Sec 602.....       891
     claims.
    Separability...................  PL 81-455 Sec 614.....       894
    Settlement period..............  PL 81-455 Sec 609.....       893
    Transfer of records............  PL 81-455 Sec 610.....       893
Global change
  International Cooperation in
   Global Change Research Act of
   1990
    Findings.......................  PL 101-606 Sec 202(a).       572
    Global Change Research           PL 101-606 Sec 204....       574
     Information Office.
    International discussions......  PL 101-606 Sec 203....       573
    Purposes.......................  PL 101-606 Sec 202(b).       572
Global Change Research Act of 1990.  PL 101-606............       655
  Budget coordination..............  PL 101-606 Sec 105....       660
  Committee on Earth and             PL 101-606 Sec 102....       656
   Environmental Sciences.
  Definitions......................  PL 101-606 Sec 2......       655
  Findings.........................  PL 101-606 Sec 101(a).       656
  National Global Change Research    PL 101-606 Sec 104....       658
   Plan.
  Purpose..........................  PL 101-606 Sec 101(b).       656
  Relation to other authorities....  PL 101-606 Sec 108....       661
  Report...........................  PL 101-606 Sec 107....       661
  Scientific assessment............  PL 101-606 Sec 106....       660
  United States Global Change        PL 101-606 Sec 103....       658
   Research Program.
Global climate change. See Climate
 change
Global Climate Change Prevention     PL 101-624............       650
 Act of 1990.
  Agriculture and forestry study...  PL 101-624 Sec 2403...       651
  Appropriations authorization.....  PL 101-624 Sec 2412...       654
  Biomass energy demonstration       PL 101-624 Sec 2410...       653
   projects.
  Global Climate Change Program....  PL 101-624 Sec 2402...       650
  Institutes of Tropical Forestry..  PL 101-624 Sec 2407...       653
  Interagency cooperation to         PL 101-624 Sec 2411...       654
   maximize biomass growth.
  Line item........................  PL 101-624 Sec 2406...       653
  Office of International Forestry.  PL 101-624 Sec 2405...       652
  Urban forestry demonstration       PL 101-624 Sec 2409...       653
   projects.
Global Climate Protection Act of     PL 100-204............       674
 1987.
Global Climate Protection Act of
 1987--Continued
  Findings.........................  PL 100-204 Sec 1102...       674
  International Year of Global       PL 100-204 Sec 1105...       676
   Climate Protection.
  Mandate for action...............  PL 100-204 Sec 1103...       675
  Report...........................  PL 100-204 Sec 1104...       675
  U.S. relations with the            PL 100-204 Sec 1106...       676
   independent states of the former
   Soviet Union.
Global Environmental Protection
 Assistance Act of 1989
  Appropriations authorization.....  PL 101-240 Sec 738....       626
  Definitions......................  PL 101-240 Sec 731....       622
  Fellowship and exchange programs.  PL 101-240 Sec 737....       626
  Greenhouse Gas Intensity Reducing  PL 101-240 Sec 735....       625
   Technology Export Initiative.
  Greenhouse gas intensity           PL 101-240 Sec 732....       622
   reduction.
  Negotiations.....................  PL 101-240 Sec 722....       621
  Policy...........................  PL 101-240 Sec 721....       621
  Technology demonstration projects  PL 101-240 Sec 736....       625
  Technology inventory for           PL 101-240 Sec 733....       624
   developing countries.
  Trade-related barriers to export   PL 101-240 Sec 734....       624
   of technologies.
Global positioning system
  Standards promotion..............  PL 105-303 Sec 104....       787
Global warming
  Energy assistance................  PL 101-167 Sec 534(b).       493
  Environment......................  PL 101-513 Sec 533....       487
  Export-Import Bank...............  PL 101-167 Sec 534(d).       496
  Foreign Operations, Export         PL 101-513 Sec 533....       487
   Financing, and Related Programs
   Appropriations Act, 1991.
  Reports and authorities..........  PL 101-167 Sec 534(c).       495
  Tropical forestry assistance.....  PL 101-167 Sec 534(a).       493
Good Neighbor Environmental Board..  PL 102-532 Sec 6......       504
Government Accountability Office
  National security education        PL 102-183 Sec 807....      1248
   audits.
Great Ape Conservation Act of 2000.  PL 106-411............       529
  Appropriations authorization.....  PL 106-411 Sec 6......       534
  Assistance.......................  PL 106-411 Sec 4......       531
  Definitions......................  PL 106-411 Sec 3......       530
  Findings.........................  PL 106-411 Sec 2(a)...       529
  Fund.............................  PL 106-411 Sec 5......       533
  Purposes.........................  PL 106-411 Sec 2(b)...       530
Great Lakes
  U.S.-Canada oil spill cooperation  PL 101-380 Sec 3002...       126
Greenhouse gases
  Alternative policy mechanisms for  PL 102-486 Sec 1604...       421
   emissions.
  Global Environmental Protection
   Assistance Act of 1989
    Appropriations authorization...  PL 101-240 Sec 738....       626
    Definitions....................  PL 101-240 Sec 731....       622
    Fellowship and exchange          PL 101-240 Sec 737....       626
     programs.
    Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
     Reducing Technology Export
     Initiative.
    Intensity reducing technology    PL 101-240 Sec 733....       624
     inventory for developing
     countries.
    Intensity reduction in           PL 101-240 Sec 732....       622
     developing countries.
    Technology demonstration         PL 101-240 Sec 736....       625
     projects.
    Trade-related barriers to        PL 101-240 Sec 734....       624
     export of intensity reducing
     technologies.
  Intensity reducing strategies....  PL 102-486 Sec 1610...       428
  National inventory...............  PL 102-486 Sec 1605(a)       422
  Reporting........................  PL 102-486 Sec 1605(b)       422
                                    H
 
Hard minerals. See Deep Seabed Hard
 Mineral Resources Act
High Seas Driftnet Fisheries         PL 102-582............       266
 Enforcement Act.
  Central Bering Sea Fisheries
   Enforcement Act of 1992
    Definitions....................  PL 102-582 Sec 306....       274
    Duration of restrictions.......  PL 102-582 Sec 304....       273
    Exclusive economic zone fishing  PL 102-582 Sec 305....       273
     restriction.
    Port privileges denial.........  PL 102-582 Sec 303....       272
    Prohibition applicable to U.S.   PL 102-582 Sec 302....       272
     vessels and nationals.
    Termination....................  PL 102-582 Sec 307....       275
  Findings.........................  PL 102-582 Sec 2(a)...       266
  Fisheries conservation programs
    Enforcement....................  PL 102-582 Sec 202....       271
    Trade negotiations and the       PL 102-582 Sec 203....       271
     environment, sense of Congress.
  Intermediary nations involved in   PL 102-582 Sec 401....       275
   export of tuna products.
  Large-scale driftnet fishing
    Definitions....................  PL 102-582 Sec 104....       270
    Duration of restrictions.......  PL 102-582 Sec 102....       270
    Marine Mammal Protection Act of  PL 102-582 Sec 103....       270
     1972 requirements.
    Port privileges denial.........  PL 102-582 Sec 101(a).       268
    Sanctions......................  PL 102-582 Sec 101(b).       268
  Policy...........................  PL 102-582 Sec 2(b)...       267
  Reemployment rights extension      PL 102-582 Sec 402....       275
   authority.
High Seas Driftnet Fishing           PL 104-43 Sec 602.....       230
 Moratorium Protection Act.
  Certification....................  PL 104-43 Sec 605.....       231
  Enforcement......................  PL 104-43 Sec 606.....       231
  Findings.........................  PL 104-43 Sec 602.....       230
  Negotiations.....................  PL 104-43 Sec 604.....       231
  Prohibition......................  PL 104-43 Sec 603.....       231
High Seas Fishing Compliance Act of  PL 104-43.............       209
 1995.
  Civil penalties..................  PL 104-43 Sec 108.....       216
  Criminal offenses................  PL 104-43 Sec 109.....       218
  Definitions......................  PL 104-43 Sec 103.....       209
  Enforcement provisions...........  PL 104-43 Sec 107.....       214
  Forfeitures......................  PL 104-43 Sec 110.....       218
  Permit sanctions.................  PL 104-43 Sec 108.....       216
  Permitting.......................  PL 104-43 Sec 104.....       211
  Purpose..........................  PL 104-43 Sec 102.....       209
  Responsibilities of the Secretary  PL 104-43 Sec 105.....       213
  Unlawful activities..............  PL 104-43 Sec 106.....       214
Highly migratory species
  International fishery agreements.  PL 94-265 Sec 202(e)..        27
  Research.........................  PL 96-339 Sec 3.......       192
Holocaust
  U.S. Holocaust Assets Commission   PL 105-186............      1298
   Act of 1998.
    Administrative support services  PL 105-186 Sec 6......      1304
    Appropriations authorization...  PL 105-186 Sec 9......      1304
    Duties.........................  PL 105-186 Sec 3......      1299
    Establishment..................  PL 105-186 Sec 2......      1298
    Personnel matters..............  PL 105-186 Sec 5......      1302
    Powers.........................  PL 105-186 Sec 4......      1301
    Provisions.....................  PL 105-186 Sec 8......      1304
    Termination....................  PL 105-186 Sec 7......      1304
Holocaust Victims Redress Act......  PL 105-158............      1305
 
Holocaust Victims Redress Act--
 Continued
  Heirless assets
    Distributions by the Tripartite  PL 105-158 Sec 102....      1306
     Gold Commission.
    Findings.......................  PL 105-158 Sec 101(a).      1305
    Fulfillment of obligation of     PL 105-158 Sec 103....      1307
     the United States.
    Purposes.......................  PL 105-158 Sec 101(b).      1306
  Works of art
    Findings.......................  PL 105-158 Sec 201....      1307
    Restitution of private           PL 105-158 Sec 202....      1307
     property, sense of Congress.
House interparliamentary groups.
 See Interparliamentary groups
  Travel abroad reporting            PL 86-628 Sec 105.....       825
   requirements.
Human rights
  U.S. Government opposition to the  PL 98-447.............      1286
   practice of torture.
Human welfare
  International Financial
   Institutions Act
    Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
    Multilateral development banks   PL 95-118 Sec 1614....       616
     and debt-for-nature exchanges.
    Promotion of institution-        PL 95-118 Sec 1616....       618
     building for non-governmental
     organizations.
    Promotion of lending for the     PL 95-118 Sec 1615....       617
     environment.
Hungary
  Environmental initiatives........  PL 101-179 Sec 502....       501
  Environmental problems, report...  PL 101-179 Sec 703....       503
  International claims settlement
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 203.....       860
                                     PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Against foreign governments..  PL 81-455 Sec 313.....       878
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 303.....       872
    Definitions....................  PL 81-455 Sec 201.....       859
                                     PL 81-455 Sec 301.....       870
    Designated officer or agency...  PL 81-455 Sec 209.....       867
    Finality of Claims Settlement    PL 81-455 Sec 314.....       878
     Commission actions.
    Funds creation.................  PL 81-455 Sec 302.....       871
    Jurisdiction...................  PL 81-455 Sec 206.....       861
    Liability......................  PL 81-455 Sec 205.....       861
    Liens..........................  PL 81-455 Sec 214.....       869
    Liquidation....................  PL 81-455 Sec 213.....       868
    Payments.......................  PL 81-455 Sec 208.....       863
                                     PL 81-455 Sec 306.....       874
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       878
    Recording conveyances..........  PL 81-455 Sec 204.....       861
    Returns........................  PL 81-455 Sec 211.....       867
    Settlement period..............  PL 81-455 Sec 316.....       878
    Suits..........................  PL 81-455 Sec 211.....       867
    Trading With the Enemy Act       PL 81-455 Sec 216.....       869
     provisions.
    Vested property................  PL 81-455 Sec 202.....       859
    Vesting officers or agencies...  PL 81-455 Sec 212.....       867
    Violations.....................  PL 81-455 Sec 215.....       869
Hungary--Continued
  International claims settlement--
   Continued
    Violations--Continued
                                     PL 81-455 Sec 312.....       878
 
 
                                    I
 
ICCAT. See International Commission
 for the Conservation of Atlantic
 Tunas
Iceland
  Governing international fishery    PL 98-623 Title I.....       123
   agreements.
IDFA. See International Development
 and Finance Act of 1989
IFI Act. See International
 Financial Institutions Act
Implementation of Covenant with the  Proc 5564.............      1156
 Commonwealth of the Northern
 Mariana Islands and the Compacts
 of Free Association, 1986
Imports
  Exotic birds moratoria...........  PL 102-440 Sec 105....       561
Independent states of the former
 Soviet Union
  Energy and environment program     PL 87-195 Sec 498.....       478
   assistance.
  Global climate protection and      PL 100-204 Sec 1106...       676
   U.S. relations.
  Space cooperation with the former  PL 102-588 Sec 218....       769
   Soviet Union.
Inspector General Act of 1978......  PL 95-452.............      1251
  Agency for International           PL 95-452 Sec 8A......      1263
   Development provisions.
  Appointment of Inspector General.  PL 95-452 Sec 3.......      1251
  Authorities......................  PL 95-452 Sec 6.......      1257
  Complaints by employees..........  PL 95-452 Sec 7.......      1260
  Duties and responsibilities......  PL 95-452 Sec 4.......      1252
                                     PL 95-452 Sec 8.......      1261
  Purpose and establishment of       PL 95-452 Sec 2.......      1251
   Offices of Inspector General.
  Reports..........................  PL 95-452 Sec 5.......      1253
Intelligence
  Accountability for activities
    Congressional oversight          PL 80-253 Sec 501.....      1202
     provisions.
    Funding........................  PL 80-253 Sec 504.....      1206
    Notice to Congress of transfer   PL 80-253 Sec 505.....      1208
     of defense articles and
     services.
    Presidential approval and        PL 80-253 Sec 503.....      1204
     reporting of covert actions.
    Reporting other than covert      PL 80-253 Sec 502.....      1203
     actions.
  Aviation security................  49 USC Sec 44911......       705
  Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
   centers limitation.
  Federal Government research on     PL 108-487 Sec 375....      1215
   security evaluations
   coordination.
  Federal laws implementing          PL 80-253 Sec 1101....      1209
   international treaties and
   agreements, applicability.
  Intelligence sharing with the      PL 80-253 Sec 112.....      1200
   United Nations, restrictions.
  Joint Intelligence Community       PL 80-253 Sec 101A....      1197
   Council.
  Kosova Liberation Army, report...  PL 106-120 Sec 312....      1210
  National Security Council          PL 80-253 Sec 101(h)..      1195
   Committee on Foreign
   Intelligence.
  National Security Council          PL 80-253 Sec 101(j)..      1196
   Director of National
   Intelligence.
Intelligence--Continued
  Permanent Select Committee on      House Rule X Clause 11      1229
   Intelligence.
  Report...........................  PL 80-253 Sec 109.....      1199
  Select Committee on Intelligence,  S. Res. 400...........      1227
   establishment.
  State Department handling,         PL 106-567 Sec 309....      1212
   retention and storage of
   classified materials.
  State Department protection of     PL 107-306 Sec 832....      1214
   classified materials policies
   and procedures.
Intercontinental ballistic missiles
  Use of excess in commercial space  PL 105-303 Sec 205....       790
   transportation program.
Interior appropriations for Compact
 of Free Association
  Appropriations authorization.....  PL 109-54.............      1091
Interior appropriations for Trust
 Territory of the Pacific Islands
  Assistance to territories........  PL 109-54 Title I.....       922
International Civil Aviation
 Organization
  Consideration of aviation          PL 101-604 Sec 215....       754
   security proposal.
  Standards enforcement............  PL 99-83 Sec 554......       755
International Claims Settlement Act  PL 81-455.............       848
 of 1949.
  Action of Commission with respect  PL 81-455 Sec 507.....       888
   to claims.
  Application of other laws........  PL 81-455 Sec 509.....       888
  Appropriations authorization.....  PL 81-455 Sec 9.......       859
                                     PL 81-455 Sec 511.....       888
  Authorities......................  PL 81-455 Sec 3.......       849
  Bulgarian, Hungarian and Rumanian
   property.
    Certification..................  PL 81-455 Sec 203.....       860
    Claimants......................  PL 81-455 Sec 207.....       861
    Definitions....................  PL 81-455 Sec 201.....       859
    Designated officer or agency...  PL 81-455 Sec 209.....       867
    Jurisdiction...................  PL 81-455 Sec 206.....       861
    Liability......................  PL 81-455 Sec 205.....       861
    Liens..........................  PL 81-455 Sec 214.....       869
    Liquidation....................  PL 81-455 Sec 213.....       868
    Payments.......................  PL 81-455 Sec 208.....       863
    Recording conveyances..........  PL 81-455 Sec 204.....       861
    Returns........................  PL 81-455 Sec 211.....       867
    Suits..........................  PL 81-455 Sec 210.....       867
    Trading With the Enemy Act       PL 81-455 Sec 216.....       869
     provisions.
    Vested property................  PL 81-455 Sec 202.....       859
    Vesting officers or agencies...  PL 81-455 Sec 212.....       867
    Violations.....................  PL 81-455 Sec 215.....       869
  Certification....................  PL 81-455 Sec 5.......       854
  Claims against Bulgaria, Hungary,
   Rumania, Italy and the Soviet
   Union
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Against foreign governments..  PL 81-455 Sec 313.....       878
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 303.....       872
                                     PL 81-455 Sec 304.....       872
                                     PL 81-455 Sec 305.....       874
    Definitions....................  PL 81-455 Sec 301.....       870
    Finality of Commission actions.  PL 81-455 Sec 314.....       878
    Funds creation.................  PL 81-455 Sec 302.....       871
    Payments.......................  PL 81-455 Sec 306.....       874
International Claims Settlement Act
 of 1949--Continued
  Claims against Bulgaria, Hungary,
   Rumania, Italy and the Soviet
   Union--Continued
    Payments--Continued
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       879
    Settlement period..............  PL 81-455 Sec 316.....       878
    Violations.....................  PL 81-455 Sec 312.....       878
  Claims against Cuba and the
   Chinese Communist regime
    Definitions....................  PL 81-455 Sec 502.....       885
    Purpose........................  PL 81-455 Sec 501.....       885
  Claims against Czechoslovakia
    Applicable provisions..........  PL 81-455 Sec 416.....       884
    Appropriations authorization...  PL 81-455 Sec 417.....       884
    Award amounts..................  PL 81-455 Sec 407.....       882
    Certification..................  PL 81-455 Sec 410.....       883
    Claims Fund....................  PL 81-455 Sec 402.....       880
    Definitions....................  PL 81-455 Sec 401.....       879
    Judicial relief................  PL 81-455 Sec 403.....       881
    Ownership interest.............  PL 81-455 Sec 406.....       882
    Payments.......................  PL 81-455 Sec 413.....       883
    Property ownership.............  PL 81-455 Sec 405.....       882
    Public notice..................  PL 81-455 Sec 411.....       883
    Records........................  PL 81-455 Sec 415.....       884
    Remuneration...................  PL 81-455 Sec 414.....       884
    Settlement period..............  PL 81-455 Sec 412.....       883
    Validity of claims.............  PL 81-455 Sec 404.....       881
    Vested claims..................  PL 81-455 Sec 408.....       882
    Violations.....................  PL 81-455 Sec 409.....       883
  Claims against the German
   Democratic Republic
    Application of other laws......  PL 81-455 Sec 613.....       894
    Appropriations.................  PL 81-455 Sec 611.....       893
    Award payment procedures.......  PL 81-455 Sec 608.....       893
    Claims Fund....................  PL 81-455 Sec 607.....       892
    Consolidated awards............  PL 81-455 Sec 606.....       892
    Corporate claims...............  PL 81-455 Sec 604.....       891
    Definitions....................  PL 81-455 Sec 601.....       890
    Fees for services..............  PL 81-455 Sec 612.....       894
    Offsets........................  PL 81-455 Sec 605.....       892
    Ownership of claims............  PL 81-455 Sec 603.....       891
    Protests.......................  PL 81-455 Sec 615.....       894
    Purpose........................  PL 81-455 Sec 600.....       890
    Receipt and determination of     PL 81-455 Sec 602.....       891
     claims.
    Separability...................  PL 81-455 Sec 614.....       894
    Settlement period..............  PL 81-455 Sec 609.....       893
    Transfer of records............  PL 81-455 Sec 610.....       893
  Claims against Vietnam
    Application of other provisions  PL 81-455 Sec 715.....       899
    Appropriations authorization...  PL 81-455 Sec 713.....       899
    Assigned claims................  PL 81-455 Sec 707.....       897
    Award payment procedures.......  PL 81-455 Sec 710.....       898
    Certification..................  PL 81-455 Sec 707.....       897
    Claims Fund....................  PL 81-455 Sec 709.....       898
    Consolidated awards............  PL 81-455 Sec 708.....       897
    Corporate claims...............  PL 81-455 Sec 705.....       896
    Definitions....................  PL 81-455 Sec 702.....       895
    Fees for services..............  PL 81-455 Sec 714.....       899
    Offsets........................  PL 81-455 Sec 706.....       897
    Ownership of claims............  PL 81-455 Sec 704.....       896
    Purpose........................  PL 81-455 Sec 701.....       895
    Receipt and determination of     PL 81-455 Sec 703.....       896
     claims.
    Separability...................  PL 81-455 Sec 716.....       899
    Settlement period..............  PL 81-455 Sec 711.....       898
    Transfer of records............  PL 81-455 Sec 712.....       898
International Claims Settlement Act
 of 1949--Continued
  Corporate claims.................  PL 81-455 Sec 505.....       887
  Definitions......................  PL 81-455 Sec 2.......       848
  Fees for services................  PL 81-455 Sec 512.....       889
  Foreign Claims Settlement          PL 81-455 Sec 515.....       889
   Commission certification
   procedure.
  Jurisdiction.....................  PL 81-455 Sec 4.......       850
  Offsets..........................  PL 81-455 Sec 506.....       888
  Ownership of claims..............  PL 81-455 Sec 504.....       886
                                     PL 81-455 Sec 514.....       889
  Payments.........................  PL 81-455 Sec 7.......       854
  Receipt of claims................  PL 81-455 Sec 503.....       886
  Separability.....................  PL 81-455 Sec 513.....       889
  Settlement period................  PL 81-455 Sec 510.....       888
  Transfer of records..............  PL 81-455 Sec 508.....       888
  Yugoslav Claims Agreement........  PL 81-455 Sec 6.......       854
  Yugoslav Claims Fund.............  PL 81-455 Sec 8.......       856
International Commission for the
 Conservation of Atlantic Tunas
  Negotiations, sense of Congress..  PL 104-43 Sec 311.....       228
International conferences
  Requirements relating to funding.  PL 99-415 Sec 7.......       834
International Cooperation in Global  PL 101-606............       572
 Change Research Act of 1990.
  Discussions......................  PL 101-606 Sec 203....       573
  Findings.........................  PL 101-606 Sec 202(a).       572
  Global Change Research             PL 101-606 Sec 204....       574
   Information Office.
  Purposes.........................  PL 101-606 Sec 202(b).       572
International cooperation to
 protect biological diversity
  Report...........................  PL 100-530 Sec 2......       578
  Statement of policies............  PL 100-530............       578
International Development and        PL 101-240............       620
 Finance Act of 1989.
  Environmental policy and           PL 101-240 Sec 511....       620
   international debt exchanges,
   sense of Congress.
  Multilateral foreign assistance
   coordination
    Negotiations...................  PL 101-240 Sec 722....       621
    Policy.........................  PL 101-240 Sec 721....       621
  Technology deployment in
   developing countries
    Appropriations authorization...  PL 101-240 Sec 738....       626
    Definitions....................  PL 101-240 Sec 731....       622
    Fellowship and exchange          PL 101-240 Sec 737....       626
     programs.
    Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
     Reducing Technology Export
     Initiative.
    Greenhouse gas intensity         PL 101-240 Sec 732....       622
     reduction.
    Inventory......................  PL 101-240 Sec 733....       624
    Technology demonstration         PL 101-240 Sec 736....       625
     projects.
    Trade-related barriers to        PL 101-240 Sec 734....       624
     export of technologies.
International Dolphin Conservation   PL 102-523............       250
 Act of 1992.
International Dolphin Conservation   PL 92-522.............       236
 Program.
  Establishment of.................  PL 92-522 Sec 302.....       238
  Findings.........................  PL 92-522 Sec 301(a)..       236
  Permits..........................  PL 92-522 Sec 306.....       243
  Policy...........................  PL 92-522 Sec 301(b)..       237
  Prohibitions.....................  PL 92-522 Sec 307.....       245
  Regulatory authority of the        PL 92-522 Sec 303.....       239
   Secretary.
  Reports..........................  PL 92-522 Sec 305.....       243
  Research.........................  PL 92-522 Sec 304.....       241
International Dolphin Conservation
 Program Act
  Purposes and findings............  PL 105-42 Sec 2.......       248
International Environmental
 Protection Act of 1983
  Exchange programs................  PL 98-164 Sec 703.....       677
  International wildlife resources   PL 98-164 Sec 704.....       677
   conservation.
International financial
 institutions
  Bretton Woods Agreements Act
    Alleviating adverse impacts of   PL 79-171 Sec 55......       604
     Fund programs on the poor and
     the environment.
    Fund policy changes............  PL 79-171 Sec 59......       604
International Financial              PL 95-118.............       607
 Institutions Act.
  Environment, public health and     PL 95-118 Sec 1703....       619
   indigenous people, report.
  Environmental issues
    Assistance program management..  PL 95-118 Sec 1302....       608
    Assistance proposals...........  PL 95-118 Sec 1306....       609
    Assistance proposals review....  PL 95-118 Sec 1303....       608
    Cooperative information          PL 95-118 Sec 1304....       609
     exchange.
    Educational programs...........  PL 95-118 Sec 1305....       609
    Findings.......................  PL 95-118 Sec 1301....       607
    Multilateral development bank    PL 95-118 Sec 1307....       610
     actions impact assessment.
  Human welfare
    Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
    Multilateral development banks   PL 95-118 Sec 1614....       616
     and debt-for-nature exchanges.
    Promotion of institution-        PL 95-118 Sec 1616....       618
     building for non-governmental
     organizations.
    Promotion of lending for the     PL 95-118 Sec 1615....       617
     environment.
  Negotiations.....................  PL 95-118 Sec 1501....       613
International fishery agreements.
 See also Law of the Sea
  Atlantic herring transshipment...  PL 104-297 Sec 105(e).        61
  Boundary negotiations............  PL 94-265 Sec 202(d)..        27
  Bycatch reduction................  PL 94-265 Sec 202(h)..        29
  Canada
    Reciprocal fisheries agreement   PL 95-6 Sec 5.........        70
     with the United States.
  Congressional oversight..........  PL 94-265 Sec 203.....        30
  Deep Seabed Hard Mineral           PL 96-283 Sec 202.....        98
   Resources Act.
  Driftnet fishing.................  PL 94-265 Sec 206(d)..        43
  Exclusive economic zone..........  PL 94-265 Sec 202(c)..        27
  Fishery conservation in the        PL 103-206 Sec 703....       114
   central Bering Sea.
  Fishery Conservation Zone          PL 95-6 Sec 2.........        67
   Transition Act.
  Governing
    Estonia........................  PL 102-587 Sec 1001...       116
    European Economic Community....  PL 98-623 Title I.....       123
    German Democratic Republic.....  PL 100-350 Sec 1......       120
    Iceland........................  PL 98-623 Title I.....       123
    Japan..........................  PL 97-389 Sec 401.....       124
                                     PL 97-389 Sec 402.....       124
                                     PL 100-220 Sec 1001...       121
                                     PL 101-224 Sec 7......       117
    Poland.........................  PL 105-384 Sec 101....       113
    Portugal.......................  PL 96-561 Sec 145.....       125
    Russian Federation.............  PL 103-206 Sec 701....       114
    South Korea....................  PL 100-66 Sec 1.......       122
    Soviet Union...................  PL 100-629 Sec 1......       118
    Spain..........................  PL 97-389 Sec 401.....       124
                                     PL 97-389 Sec 402.....       124
  Highly migratory species.........  PL 94-265 Sec 202(e)..        27
  Import prohibitions..............  PL 94-265 Sec 205.....        41
International fishery agreements--
 Continued
  Magnuson-Stevens Fishery           PL 94-265 Title II....        17
   Conservation and Management Act.
  Negotiations.....................  PL 94-265 Sec 202(a)..        26
  Nonrecognition...................  PL 94-265 Sec 202(f)..        28
  Russian Federation
    Fishery conservation in the      PL 103-206 Sec 703....       114
     central Bering Sea.
    Fishing in the Bering Sea......  PL 104-297 Sec 105(g).        62
  Soviet Union
    North Pacific and Bering Sea     PL 100-629 Sec 5......       118
     Fisheries Advisory Body.
    Vessel identification equipment  PL 100-629 Sec 6......       119
     use.
  Treaty renegotiation.............  PL 94-265 Sec 202(b)..        26
  Union of Soviet Socialist          PL 94-265 Sec 202(g)..        29
   Republics.
International Forestry Cooperation
  Administrative provisions........  PL 101-513 Sec 609....       492
  Appropriations authorization.....  PL 101-513 Sec 610....       492
  Institute of Tropical Forestry...  PL 101-513 Sec 604....       492
  Tropical deforestation plan......  PL 101-513 Sec 603....       491
International Forestry Cooperation   PL 101-513............       490
 Act of 1990.
  Forestry and natural resource      PL 101-513 Sec 602....       491
   assistance.
International Security and           PL 99-83..............       755
 Development Cooperation Act of
 1985.
  Airport security techniques for    PL 99-83 Sec 557......       756
   detecting explosives.
  Civil Aviation Organization        PL 99-83 Sec 554......       755
   standards enforcement.
  Foreign air transportation         PL 99-83 Sec 551......       755
   security standards.
  Hijacking TWA Flight 847 and       PL 99-83 Sec 558......       756
   other acts of terrorism, sense
   of Congress.
  International civil aviation       PL 99-83 Sec 555......       756
   boycott of countries supporting
   terrorism.
International Space Station
  Commercialization................  PL 105-303 Sec 101....       785
  Contingency plan.................  PL 106-391 Sec 201....       761
  Cost limitation..................  PL 106-391 Sec 202....       762
  Peaceful uses....................  PL 101-611 Sec 123....       779
                                     PL 102-195 Sec 10.....       773
  Research.........................  PL 106-391 Sec 203....       764
  Research utilization and           PL 106-391 Sec 205....       765
   commercialization management.
Interparliamentary groups
  Appropriations, permanent........  PL 100-202 Sec 303....       835
  British-American
   Interparliamentary Group
    Appointment of members.........  PL 102-138 Sec 168(b).       838
    Chair and Vice Chair...........  PL 102-138 Sec 168(c).       838
    Establishment..................  PL 102-138 Sec 168(a).       838
    Expenditures...................  PL 102-138 Sec 168(e).       839
    Funding........................  PL 102-138 Sec 168(d).       839
    Meetings.......................  PL 102-138 Sec 168(a).       838
    Report.........................  PL 102-138 Sec 168(f).       839
  Canada-United States               PL 86-42..............       843
   Interparliamentary Group.
    Appropriations authorization...  PL 86-42 Sec 2........       844
    Expenditures...................  PL 86-42 Sec 4........       844
    Report.........................  PL 86-42 Sec 3........       844
  Conference on Security and
   Cooperation in Europe
    U.S. delegation................  PL 102-138 Sec 169....       839
  House interparliamentary groups
    Travel abroad reporting          PL 86-628 Sec 105.....       825
     requirements.
Interparliamentary groups--
 Continued
  Legislative Branch Appropriation
   Act of 1961
    House interparliamentary groups  PL 86-628 Sec 105.....       825
     travel abroad reporting
     requirements.
  Mexico-United States               PL 86-420.............       841
   Interparliamentary Group.
    Appropriations authorization...  PL 86-420 Sec 2.......       842
    Expenditures...................  PL 86-420 Sec 4.......       842
    Report.........................  PL 86-420 Sec 3.......       842
  United States-Europe groups
    Appropriations authorization...  PL 98-164 Sec 109.....       836
  United States Group of the NATO    PL 84-689.............       845
   Parliamentary Assembly.
    Appropriations authorization...  PL 84-689 Sec 2.......       846
                                     PL 84-689 Sec 5.......       847
    Expenditures...................  PL 84-689 Sec 4.......       846
    Report.........................  PL 84-689 Sec 3.......       846
Interparliamentary Union
  Designation of Senate delegates..  PL 85-474.............       833
  Interparliamentary groups
    Permanent appropriations.......  PL 100-202 Sec 303....       835
    United States-Europe groups,     PL 98-164 Sec 109.....       836
     appropriations authorization.
  Participation authorization......  PL 74-170 Sec 2503....       831
Intervention on the High Seas Act..  PL 93-248.............       152
  Appropriate measures               PL 93-248 Sec 8.......       154
   determination.
  Authorities......................  PL 93-248 Sec 5.......       153
                                     PL 93-248 Sec 6.......       154
                                     PL 93-248 Sec 7.......       154
                                     PL 93-248 Sec 9.......       154
  Compensation of damages..........  PL 93-248 Sec 10......       154
  Definitions......................  PL 93-248 Sec 2.......       152
  Experts..........................  PL 93-248 Sec 13......       155
  Hazardous substances               PL 93-248 Sec 4.......       153
   determination.
  Imminent threat of material        PL 93-248 Sec 3.......       153
   damage.
  Interpretation in relation to      PL 93-248 Sec 15......       156
   other international laws.
  Noncommercial service ships......  PL 93-248 Sec 14......       156
  Notifications....................  PL 93-248 Sec 11......       155
  Oil Spill Liability Trust Fund     PL 93-248 Sec 17......       156
   availability.
  Rules and regulations............  PL 93-248 Sec 16......       156
  Violations.......................  PL 93-248 Sec 12......       155
Iran claims settlement.............  PL 99-93..............       900
  Bloc settlement..................  PL 99-93 Sec 503......       901
  Confidentiality of records.......  PL 99-93 Sec 505......       901
  Deductions from arbitral awards..  PL 99-93 Sec 502......       901
  Receipt and determination of       PL 99-93 Sec 501......       900
   claims.
  Reimbursement to the Federal       PL 99-93 Sec 504......       901
   Reserve Bank of New York.
Israel
  Energy research and development    PL 109-58 Sec 986.....       395
   cooperation.
Italy
  International claims settlement
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Against foreign governments..  PL 81-455 Sec 313.....       878
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 304.....       872
    Definitions....................  PL 81-455 Sec 301.....       870
    Finality of Commission actions.  PL 81-455 Sec 314.....       878
    Funds creation.................  PL 81-455 Sec 302.....       871
Italy--Continued
  International claims settlement--
   Continued
    Payments.......................  PL 81-455 Sec 306.....       874
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       878
    Settlement period..............  PL 81-455 Sec 316.....       878
    Violations.....................  PL 81-455 Sec 312.....       878
 
 
                                    J
 
Japan
  Governing international fishery    PL 97-389 Sec 401.....       124
   agreements.
                                     PL 97-389 Sec 402.....       124
                                     PL 100-220 Sec 1001...       121
                                     PL 101-224 Sec 7......       117
Japanese Imperial Government         PL 106-567............      1309
 Disclosure Act of 2000.
  Designation......................  PL 106-567 Sec 802....      1309
  Disclosure of records requirement  PL 106-567 Sec 803....      1310
  Expedited processing of requests   PL 106-567 Sec 804....      1311
   for records.
Joint Intelligence Community         PL 80-253 Sec 101A....      1197
 Council.
 
 
                                    K
 
Kosova Liberation Army, report.....  PL 106-120 Sec 312....      1210
 
 
                                    L
 
Lake Champlain
  U.S.-Canada oil spill cooperation  PL 101-380 Sec 3003...       127
Land conservation
  Alaska National Interests Land
   Conservation Act
    Wildlife resources and impact    PL 96-487 Sec 1005....       465
     of oil spills in Arctic Ocean.
Latin America
  Energy integration, report.......  PL 109-58 Sec 1807....       399
Law of the Sea. See also Maritime
 legislation
  Contiguous zone of the United      Proc 7219.............       111
   States.
  Deep Seabed Hard Mineral           PL 96-283.............        72
   Resources Act.
  Exclusive economic zone of the     Proc 5030.............       108
   United States.
  Fishery Conservation Amendments    PL 101-627............        63
   of 1990.
  Fishery Conservation Zone          PL 95-6...............        66
   Transition Act.
  Governing international fishery
   agreements
    Estonia........................  PL 102-587 Sec 1001...       116
    European Economic Community....  PL 98-623 Title I.....       123
    German Democratic Republic.....  PL 100-350 Sec 1......       120
    Iceland........................  PL 98-623 Title I.....       123
    Japan..........................  PL 97-389 Sec 401.....       124
                                     PL 97-389 Sec 402.....       124
                                     PL 100-220 Sec 1001...       121
                                     PL 101-224 Sec 7......       117
    Poland.........................  PL 105-384............       113
    Portugal.......................  PL 96-561 Sec 145.....       125
Law of the Sea--Continued
  Governing international fishery
   agreements--Continued
    Russian Federation.............  PL 103-206............       114
    South Korea....................  PL 100-66 Sec 1.......       122
    Soviet Union...................  PL 100-629............       118
    Spain..........................  PL 97-389 Sec 401.....       124
                                     PL 97-389 Sec 402.....       124
  Magnuson-Stevens Fishery           PL 94-265.............         5
   Conservation and Management Act.
    Fishery monitoring and research  PL 94-265 Title IV....         6
    Fishery resources rights and     PL 94-265 Title I.....        16
     authority.
    Foreign fishing and              PL 94-265 Title II....        17
     international fishing
     agreements.
  Marine Turtle Conservation Act of  PL 108-266............        47
   2004.
  Shark Finning Prohibition Act....  PL 106-557............        53
  Sustainable Fisheries Act........  PL 104-297............        61
  Territorial Sea of the United      Proc 5928.............       110
   States.
  Yukon River Salmon Act of 2000...  PL 106-450............        56
Legislative Branch Appropriation
 Act of 1961
  House interparliamentary groups    PL 86-628 Sec 105.....       825
   travel abroad reporting
   requirements.
Local currency availability........  PL 83-665 Sec 502.....       827
Lockerbie, Scotland
  Compensation for victims of        PL 101-604 Sec 211....       752
   terrorism.
  State Department assessment of     PL 101-604 Sec 209....       752
   experience.
Logan Act..........................  PL 80-772.............      1226
 
 
                                    M
 
Magnuson-Stevens Fishery             PL 94-265.............         5
 Conservation and Management Act.
  Driftnet fishing.................  PL 94-265 Sec 206.....        42
    Certification..................  PL 94-265 Sec 206(f)..        45
    Definition.....................  PL 94-265 Sec 206(h)..        46
    Findings.......................  PL 94-265 Sec 206(b)..        43
    International agreements.......  PL 94-265 Sec 206(d)..        43
    Policy.........................  PL 94-265 Sec 206(c)..        43
    Report.........................  PL 94-265 Sec 206(e)..        45
    Sovereign rights...............  PL 94-265 Sec 206(g)..        45
  Fishery monitoring and research
    Appropriations authorization...  PL 94-265 Sec 4.......        16
    Definitions....................  PL 94-265 Sec 3.......         9
    Findings.......................  PL 94-265 Sec 2(a)....         6
    Policy.........................  PL 94-265 Sec 2(c)....         9
    Purposes.......................  PL 94-265 Sec 2(b)....         7
  Fishery resources rights and
   authority
    Highly migratory species.......  PL 94-265 Sec 102.....        16
                                     PL 94-265 Sec 103.....        17
    U.S. sovereign rights to         PL 94-265 Sec 101.....        16
     fishery management authority.
  Foreign fishing
    Allocation of allowable level..  PL 94-265 Sec 201.....        20
    Exclusive economic zone........  PL 94-265 Sec 201(a)..        17
    Existing agreements............  PL 94-265 Sec 201(b)..        17
    Full observer coverage program.  PL 94-265 Sec 201(h)..        24
    Governing agreements...........  PL 94-265 Sec 201(c)..        17
    Preliminary management plans...  PL 94-265 Sec 201(g)..        23
    Reciprocity....................  PL 94-265 Sec 201(f)..        23
    Recreational fishing...........  PL 94-265 Sec 201(i)..        26
  Foreign fishing permits
    Applications...................  PL 94-265 Sec 204(b)..        32
    Exclusive economic zone........  PL 94-265 Sec 204(a)..        32
    Pacific Insular Areas..........  PL 94-265 Sec 204(e)..        38
Magnuson-Stevens Fishery
 Conservation and Management Act--
 Continued
  Foreign fishing permits--
   Continued
    Registration...................  PL 94-265 Sec 204(c)..        36
    Transshipment..................  PL 94-265 Sec 204(d)..        37
  International fishery agreements
    Boundary negotiations..........  PL 94-265 Sec 202(d)..        27
    Bycatch reduction..............  PL 94-265 Sec 202(h)..        29
    Congressional oversight........  PL 94-265 Sec 203.....        30
    Exclusive economic zone........  PL 94-265 Sec 202(c)..        27
    Highly migratory species.......  PL 94-265 Sec 202(e)..        27
    Import prohibitions............  PL 94-265 Sec 205.....        41
    Negotiations...................  PL 94-265 Sec 202(a)..        26
    Nonrecognition.................  PL 94-265 Sec 202(f)..        28
    Treaty renegotiation...........  PL 94-265 Sec 202(b)..        26
    Union of Soviet Socialist        PL 94-265 Sec 202(g)..        29
     Republics agreement.
Management of Compacts with the      EO 12569..............      1152
 Republic of the Marshall Islands,
 the Federated States of Micronesia
 and the Republic of Palau.
  Cooperation......................  EO 12569 Sec 5........      1154
  Delegation.......................  EO 12569 Sec 6........      1154
                                     EO 12569 Sec 7........      1154
  Interagency Group................  EO 12569 Sec 3........      1153
  Representatives..................  EO 12569 Sec 4........      1154
  Responsibilities.................  EO 12569 Sec 1........      1152
                                     EO 12569 Sec 2........      1152
  Savings..........................  EO 12569 Sec 8........      1155
  Supersession.....................  EO 12569 Sec 8........      1155
Marine Mammal Protection Act of
 1972
  Large-scale driftnet fishing       PL 102-582 Sec 103....       270
   requirements.
Marine Mammal Protection Act of      PL 92-522.............       347
 1972.
  Application to other treaties and  PL 92-522 Sec 113.....       369
   conventions.
  Appropriations authorization.....  PL 92-522 Sec 207.....       372
  Commission
    Duties.........................  PL 92-522 Sec 202.....       371
    Establishment of...............  PL 92-522 Sec 201.....       370
    Reports........................  PL 92-522 Sec 204.....       372
  Definitions......................  PL 92-522 Sec 3.......       349
  Exceptions.......................  PL 92-522 Sec 101(e)..       363
                                     PL 92-522 Sec 101(f)..       364
  Findings and declaration of        PL 92-522 Sec 2.......       348
   policy.
  International program............  PL 92-522 Sec 108.....       366
  Moratorium.......................  PL 92-522 Sec 101(a)..       354
  Prohibitions.....................  PL 92-522 Sec 102.....       364
Marine pollution
  Coral reef protection............  EO 13089..............       157
  Deepwater Port Act of 1974.......  PL 93-627.............       144
  Intervention on the High Seas Act  PL 93-248.............       152
  Oil Pollution Act of 1990........  PL 101-380 Title III..       126
  Pollution from ships.............  PL 96-478.............       128
Marine Turtle Conservation Act of    PL 108-266............        47
 2004.
  Advisory group...................  PL 108-266 Sec 6......        51
  Appropriations authorization.....  PL 108-266 Sec 7......        52
  Definitions......................  PL 108-266 Sec 3......        48
  Financial assistance.............  PL 108-266 Sec 4......        49
  Findings.........................  PL 108-266 Sec 2(a)...        47
  Marine Turtle Conservation Fund..  PL 108-266 Sec 5......        50
  Purposes.........................  PL 108-266 Sec 2(b)...        48
  Report...........................  PL 108-266 Sec 8......        52
Maritime legislation. See also Law
 of the Sea
  American Fisheries Promotion Act.  PL 96-561.............       325
  Antarctic Marine Living Resources  PL 98-623.............       314
   Convention Act of 1984.
Maritime legislation--Continued
  Dolphins
    Dolphin Protection Consumer      PL 101-627............       251
     Information Act.
    International Dolphin            PL 102-523............       250
     Conservation Act of 1992.
    International Dolphin            PL 92-522.............       236
     Conservation Program.
    International Dolphin            PL 105-42.............       248
     Conservation Program Act.
  Driftnet fishing
    Driftnet impact monitoring,      PL 100-220............       276
     assessment, and control.
    High Seas Driftnet Fisheries     PL 102-582............       266
     Enforcement Act.
  Endangered Species Act of 1973...  PL 93-205.............       327
  Fisheries Act of 1995............  PL 104-43.............       209
  Fishermen's Protective Act of      PL 83-680.............       374
   1967.
  Marine Mammal Protection Act of    PL 92-522.............       347
   1972.
  Marine pollution
    Coral reef protection..........  EO 13089..............       157
    Deepwater Port Act of 1974.....  PL 93-627.............       144
    Intervention on the High Seas    PL 93-248.............       152
     Act.
    Oil Pollution Act of 1990......  PL 101-380 Title III..       126
    Pollution from ships...........  PL 96-478.............       128
  Nonindigenous Aquatic Nuisance     PL 101-646............       280
   Prevention and Control Act of
   1990.
  North Pacific Anadromous Stocks    PL 102-567............       257
   Act of 1992.
  R.M.S. Titanic Maritime Memorial   PL 99-513.............       292
   Act of 1986.
  Salmon
    Atlantic Salmon Convention Act   PL 97-389.............       306
     of 1982.
    Pacific Salmon Treaty Act of     PL 99-5...............       295
     1985.
  Sea turtle conservation..........  PL 101-162............       282
  Tuna Conventions
    Atlantic Tunas Convention Act    PL 96-339.............       190
     of 1975, appropriation
     authorization.
    Atlantic Tunas Convention Act    PL 94-70..............       194
     of 1975.
    Eastern Pacific Ocean Tuna       PL 98-445.............       185
     Licensing Act of 1984.
    Pacific Albacore Tuna Treaty...  PL 108-219............       170
    South Pacific Tuna Act of 1988.  PL 100-330............       172
    Tuna Conventions Act of 1950...  PL 81-764.............       160
  Whales
    Whaling Convention Act of 1949.  PL 81-676.............       285
    Wildlife Sanctuary for Humpback  PL 99-630.............       284
     Whales.
MARPOL Protocol. See Pollution from
 ships
Marshall Islands. See Republic of
 the Marshall Islands
Masaryk, Tomas G.
  Czech Republic Memorial Honoring
   Tomas G. Masaryk
    Authority to establish.........  PL 107-61 Sec 1.......      1321
    Limitation on payment of         PL 107-61 Sec 2.......      1321
     expenses.
Mexico
  Air quality monitoring and         PL 101-549 Sec 815....       665
   improvement along U.S.-Mexico
   border.
  Deepwater port negotiations......  PL 93-627 Sec 22......       150
Mexico-United States                 PL 86-420.............       841
 Interparliamentary Group.
  Appropriations authorization.....  PL 86-420 Sec 2.......       842
  Certification of expenditures....  PL 86-420 Sec 4.......       842
  Report...........................  PL 86-420 Sec 3.......       842
Micronesia. See Federated States of
 Micronesia
Micronesian Claims Act of 1971.....  PL 92-39..............       910
  Appropriations authorization.....  PL 92-39 Sec 102......       911
                                     PL 92-39 Sec 105......       914
                                     PL 92-39 Sec 202......       915
  Commission authority.............  PL 92-39 Sec 104......       913
                                     PL 92-39 Sec 201......       915
  Micronesian Claims Commission      PL 92-39 Sec 103......       912
   establishment.
  Payments.........................  PL 92-39 Sec 106......       914
  Purpose..........................  PL 92-39 Sec 101......       911
  Remaining funds..................  PL 92-39 Sec 203......       915
Migratory birds
  Neotropical Migratory Bird
   Conservation Act
    Appropriations authorization...  PL 106-247 Sec 10.....       539
    Cooperation....................  PL 106-247 Sec 7......       538
    Definitions....................  PL 106-247 Sec 4......       536
    Duties of the Secretary........  PL 106-247 Sec 6......       537
    Financial assistance...........  PL 106-247 Sec 5......       536
    Findings.......................  PL 106-247 Sec 2......       535
    Neotropical Migratory Bird       PL 106-247 Sec 9......       538
     Conservation Account.
    Purposes.......................  PL 106-247 Sec 3......       535
    Report.........................  PL 106-247 Sec 8......       538
  Protection by Federal agencies...  EO 13186..............       540
    Application and judicial review  EO 13186 Sec 5........       544
    Council for the Conservation of  EO 13186 Sec 4........       543
     Migratory Birds.
    Definitions....................  EO 13186 Sec 2........       540
    Federal agency responsibilities  EO 13186 Sec 3........       541
    Policy.........................  EO 13186 Sec 1........       540
Minerals, hard. See Deep Seabed
 Hard Mineral Resources Act
Missing in action. See Soldiers
 missing in action
Mussels. See Nonindigenous Aquatic
 Nuisance Prevention and Control
 Act of 1990
Mutual Security Act of 1954
  Local currency availability......  PL 83-665 Sec 502.....       827
 
 
                                    N
 
Narcotics
  Department of State international  PL 104-66 Sec 1112....      1219
   narcotics control.
NASA. See National aeronautics and
 space acts
National Aeronautics and Space Act   PL 85-568.............       759
 of 1958.
  International cooperation........  PL 85-568 Sec 205.....       759
  Upper atmospheric research
    Definitions....................  PL 85-568 Sec 402.....       759
    International cooperation......  PL 85-568 Sec 404.....       760
    Program authorized.............  PL 85-568 Sec 403.....       760
    Purpose and policy.............  PL 85-568 Sec 401.....       759
National Aeronautics and Space       PL 100-685............       780
 Administration Authorization Act,
 FY 1989.
  Authorization....................  PL 100-685 Sec 201....       780
  Findings.........................  PL 100-685 Sec 101....       780
  International space docking        PL 100-685 Sec 210....       781
   capability.
  National Space Council
    Establishment..................  PL 100-685 Sec 501....       782
  Space settlements
    International cooperation......  PL 100-685 Sec 217....       781
    Remote sensors system..........  PL 100-685 Sec 410....       781
    Sense of Congress..............  PL 100-685 Sec 411....       782
National Aeronautics and Space       PL 101-611............       774
 Administration Authorization Act,
 FY 1991.
  Appropriations authorization.....  PL 101-611 Sec 103....       775
  Definition.......................  PL 101-611 Sec 127....       779
  Findings.........................  PL 101-611 Sec 101....       774
  International cooperation in       PL 101-611 Sec 114....       776
   planetary exploration, study.
  National Civil Remote-Sensing      PL 101-611 Sec 126....       779
   Advisory Committee.
  National Space Council             PL 101-611 Sec 108....       775
   authorization.
  Peaceful uses of space station...  PL 101-611 Sec 123....       779
  Policy...........................  PL 101-611 Sec 102....       774
  Space debris.....................  PL 101-611 Sec 118....       778
  Space shuttle use policy.........  PL 101-611 Sec 112....       776
National Aeronautics and Space       PL 102-195............       772
 Administration Authorization Act,
 FY 1992.
  Appropriations authorization.....  PL 102-195 Sec 4......       772
  Findings.........................  PL 102-195 Sec 2......       772
  National Space Council             PL 102-195 Sec 14.....       773
   authorization.
  Peaceful uses of space station...  PL 102-195 Sec 10.....       773
  Policy...........................  PL 102-195 Sec 3......       772
National Aeronautics and Space       PL 102-588............       766
 Administration Authorization Act,
 FY 1993.
  Appropriations authorization
    Earth Observing System.........  PL 102-588 Sec 102(g).       767
    Findings.......................  PL 102-588 Sec 101....       766
    Research and development.......  PL 102-588 Sec 102(a).       767
  Biomedical research
    Appropriations authorization...  PL 102-588 Sec 608....       771
    Emergency medical service        PL 102-588 Sec 607....       770
     telemedicine capability.
    Findings.......................  PL 102-588 Sec 601....       770
  Cooperation with the former        PL 102-588 Sec 218....       769
   Soviet Union.
  National Space Council             PL 102-588 Sec 212....       768
   authorization.
  Space Agency Forum on              PL 102-588 Sec 215....       768
   International Space Year.
National Aeronautics and Space
 Administration Authorization Act
 of 1988
  Intergovernmental Agreement......  PL 100-147 Sec 112....       783
  International cooperation........  PL 100-147 Sec 106....       783
National Aeronautics and Space       PL 106-391............       761
 Administration Authorization Act
 of 2000.
  International Space Station
    Contingency plan...............  PL 106-391 Sec 201....       761
    Cost limitation................  PL 106-391 Sec 202....       762
    Research.......................  PL 106-391 Sec 203....       764
    Research utilization and         PL 106-391 Sec 205....       765
     commercialization management.
National Civil Remote-Sensing        PL 101-611 Sec 126....       779
 Advisory Committee.
National Communications System
  Establishment....................  EO 12472 Sec 1(a).....      1264
  Executive Agent..................  EO 12472 Sec 1(e).....      1265
  Manager..........................  EO 12472 Sec 1(g).....      1266
  Mission..........................  EO 12472 Sec 1(b).....      1264
                                     EO 12472 Sec 1(c).....      1264
                                     EO 12472 Sec 1(d).....      1265
  Principals.......................  EO 12472 Sec 1(f).....      1266
National Science and Technology      EO 12881..............       804
 Council.
  Administration...................  EO 12881 Sec 5........       805
  Establishment....................  EO 12881 Sec 1........       804
  Functions........................  EO 12881 Sec 4........       805
  Meetings of the Council..........  EO 12881 Sec 3........       804
  Membership.......................  EO 12881 Sec 2........       804
National Science Foundation Act of
 1950
  International cooperation and      PL 81-507 Sec 13......       757
   coordination with foreign policy.
National security. See also David
 L. Boren National Security
 Education Act of 1991; National
 Security Act of 1947; National
 security and emergency
 preparedness telecommunications
 functions; National security
 emergency preparedness
 responsibilities
  Federal Government research on     PL 108-487 Sec 375....      1215
   security evaluations
   coordination.
  Review of international energy     PL 109-58 Sec 1837(b).       400
   requirements.
National Security Act of 1947        PL 80-253.............      1190
  Applicability to intelligence      PL 80-253 Sec 1101....      1209
   activities of Federal laws
   implementing international
   treaties and agreements.
  Congressional declaration of       PL 80-253 Sec 2.......      1191
   purpose.
  Definitions......................  PL 80-253 Sec 3.......      1191
  Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
   centers limitation.
  Intelligence activities
   accountability
    Congressional oversight          PL 80-253 Sec 501.....      1202
     provisions.
    Funding........................  PL 80-253 Sec 504.....      1206
    Notice to Congress of transfer   PL 80-253 Sec 505.....      1208
     of defense articles and
     services.
    Presidential approval and        PL 80-253 Sec 503.....      1204
     reporting of covert actions.
    Reporting of activities other    PL 80-253 Sec 502.....      1203
     than covert actions.
  Joint Intelligence Community       PL 80-253 Sec 101A....      1197
   Council.
  National Security Council........  PL 80-253 Sec 101.....      1193
    Reports
      National security strategy...  PL 80-253 Sec 108.....      1198
      Intelligence.................  PL 80-253 Sec 109.....      1199
  Restrictions on intelligence       PL 80-253 Sec 112.....      1200
   sharing with the United Nations.
National security and emergency      EO 12472..............      1264
 preparedness telecommunications
 functions.
    Assignment of responsibilities   EO 12472 Sec 3........      1269
     to other departments and
     agencies.
    Executive Office                 EO 12472 Sec 2........      1267
     responsibilities.
    General provisions.............  EO 12472 Sec 4........      1272
    National Communications System.  EO 12472 Sec 1........      1264
National Security Council
  Board............................  PL 80-253 Sec 101(g)..      1195
  Chairman.........................  PL 80-253 Sec 101(e)..      1194
  Committee on Foreign Intelligence  PL 80-253 Sec 101(h)..      1195
  Committee on Transnational         PL 80-253 Sec 101(i)..      1196
   Threats.
  Director of National Intelligence  PL 80-253 Sec 101(j)..      1196
  Establishment, presiding officer,  PL 80-253 Sec 101(a)..      1193
   functions, composition.
  Executive secretary..............  PL 80-253 Sec 101(c)..      1194
  Functions........................  PL 80-253 Sec 101(b)..      1194
  Principal adviser................  PL 80-253 Sec 101(f)..      1194
  Recommendations and reports......  PL 80-253 Sec 101(d)..      1194
  Sense of Congress................  PL 80-253 Sec 101(k)..      1197
National Security Education Board
  Composition......................  PL 102-183 Sec 803(b).      1244
  Establishment....................  PL 102-183 Sec 803(a).      1244
  Functions........................  PL 102-183 Sec 803(d).      1244
  Term of appointees...............  PL 102-183 Sec 803(c).      1244
National Security Education Trust
 Fund
  Amounts credited to Fund.........  PL 102-183 Sec 804(e).      1247
  Authority to sell obligations....  PL 102-183 Sec 804(d).      1246
  Availability of sums.............  PL 102-183 Sec 804(b).      1246
  Establishment....................  PL 102-183 Sec 804(a).      1246
  Investment of assets.............  PL 102-183 Sec 804(c).      1246
National security emergency          EO 12656..............      1274
 preparedness responsibilities.
National security emergency
 preparedness responsibilities--
 Continued
  Continuity of Government.........  EO 12656 Sec 202......      1278
  Department of Commerce
    Lead responsibilities..........  EO 12656 Sec 401......      1280
    Support responsibilities.......  EO 12656 Sec 402......      1281
  Department of Defense
    Lead responsibilities..........  EO 12656 Sec 501......      1281
    Support responsibilities.......  EO 12656 Sec 502......      1283
  Department of State
    Lead responsibilities..........  EO 12656 Sec 1301.....      1284
    Support responsibilities.......  EO 12656 Sec 1302.....      1285
  Federal benefit, insurance and     EO 12656 Sec 205......      1279
   loan programs.
  General provisions...............  EO 12656 Sec 201......      1277
  Interagency coordination.........  EO 12656 Sec 105......      1276
  Management.......................  EO 12656 Sec 104......      1275
  Policy...........................  EO 12656 Sec 101......      1274
  Protection of essential resources  EO 12656 Sec 204......      1279
   and facilities.
  Purpose..........................  EO 12656 Sec 102......      1275
  Redelegation.....................  EO 12656 Sec 207......      1279
  Research.........................  EO 12656 Sec 206......      1279
  Resource management..............  EO 12656 Sec 203......      1278
  Retention of existing authority..  EO 12656 Sec 209......      1280
  Scope............................  EO 12656 Sec 103......      1275
  Transfer of functions............  EO 12656 Sec 208......      1279
  United States Information Agency
    Lead responsibilities..........  EO 12656 Sec 2501.....      1285
    Support responsibilities.......  EO 12656 Sec 2502.....      1285
National Space Council.............  EO 12675..............       801
  Administrative provisions........  EO 12675 Sec 7........       802
  Appropriations authorization,      PL 101-611 Sec 108....       775
   1991.
  Appropriations authorization,      PL 102-195 Sec 14.....       773
   1992.
  Authorization....................  PL 102-588 Sec 212....       768
  Composition......................  EO 12675 Sec 1........       801
  Establishment....................  EO 12675 Sec 1........       801
                                     PL 100-685 Sec 501....       782
  Functions........................  EO 12675 Sec 2........       801
  Policy planning process..........  EO 12675 Sec 4........       802
  Report...........................  EO 12675 Sec 8........       803
  Responsibilities of the Chairman.  EO 12675 Sec 3........       802
National Space Council
 Authorization Act of 1990
  Appropriations authorization.....  PL 101-328 Sec 2......       796
  Review of launch industry........  PL 101-328 Sec 5......       796
NATO. See North Atlantic Treaty
 Organization
Natural resources. See
 Environmental issues
Nazi War Crimes Disclosure Act.....  PL 105-246............      1292
  Disclosure of records............  PL 105-246 Sec 3......      1293
  Expedited processing of Freedom    PL 105-246 Sec 4......      1295
   of Information Act requests.
  Nazi War Criminal Records          PL 105-246 Sec 2......      1292
   Interagency Working Group.
Nazi war crimes records............  PL 104-309 Sec 1......      1296
  Findings.........................  PL 104-309 Sec 1......      1296
  Sense of Congress................  PL 104-309 Sec 2......      1297
Neotropical Migratory Bird           PL 106-247............       535
 Conservation Act.
  Appropriations authorization.....  PL 106-247 Sec 10.....       539
  Cooperation......................  PL 106-247 Sec 7......       538
  Definitions......................  PL 106-247 Sec 4......       536
  Duties of the Secretary..........  PL 106-247 Sec 6......       537
  Financial assistance.............  PL 106-247 Sec 5......       536
  Findings.........................  PL 106-247 Sec 2......       535
  Neotropical Migratory Bird         PL 106-247 Sec 9......       538
   Conservation Account.
  Purposes.........................  PL 106-247 Sec 3......       535
Neotropical Migratory Bird
 Conservation Act--Continued
  Report...........................  PL 106-247 Sec 8......       538
Neutrality Act of 1939.............  Pub. Res. 76-54.......      1180
  American Red Cross...............  Pub. Res. 76-54 Sec 4.      1181
  American republics...............  Pub. Res. 76-54 Sec 9.      1183
  Appropriations authorization.....  Pub. Res. 76-54 Sec 18      1186
  Definitions......................  Pub. Res. 76-54 Sec 16      1185
  Financial transactions...........  Pub. Res. 76-54 Sec 7.      1182
  Penalty provision................  Pub. Res. 76-54 Sec 15      1185
  Proclamation of a state of war     Pub. Res. 76-54 Sec 1.      1180
   between foreign states.
  Regulations......................  Pub. Res. 76-54 Sec 13      1184
  Repeals..........................  Pub. Res. 76-54 Sec 19      1186
  Restrictions on use of American    Pub. Res. 76-54 Sec 10      1183
   ports.
  Separability of provisions.......  Pub. Res. 76-54 Sec 17      1185
  Solicitation and collection of     Pub. Res. 76-54 Sec 8.      1182
   funds and contributions.
  Submarines and armed merchant      Pub. Res. 76-54 Sec 11      1184
   vessels.
  Travel on vessels of belligerent   Pub. Res. 76-54 Sec 5.      1181
   states.
  Unlawful use of the American flag  Pub. Res. 76-54 Sec 14      1185
Non-governmental organizations
  International Financial
   Institutions Act
    Promotion of institution-        PL 95-118 Sec 1616....       618
     building for environmental
     issues.
Nonindigenous Aquatic Nuisance
 Prevention and Control Act of 1990
  Environmental impact analyses....  PL 101-646 Sec 1401...       280
  International cooperation........  PL 101-646 Sec 1206...       280
North Atlantic Treaty Organization
  United States Group of the NATO    PL 84-689.............       845
   Parliamentary Assembly.
    Appropriations authorization...  PL 84-689 Sec 2.......       846
                                     PL 84-689 Sec 5.......       847
    Certification of expenditures..  PL 84-689 Sec 4.......       846
    Report.........................  PL 84-689 Sec 3.......       846
North Pacific Anadromous Stocks Act  PL 102-567............       257
 of 1992.
  Administration and enforcement of  PL 102-567 Sec 807....       260
   Convention.
  Advisory Panel...................  PL 102-567 Sec 805....       259
  Commission recommendations.......  PL 102-567 Sec 806....       260
  Cooperation with other agencies..  PL 102-567 Sec 808....       260
  Definitions......................  PL 102-567 Sec 803....       257
  Disposition of property..........  PL 102-567 Sec 813....       265
  Enforcement provisions...........  PL 102-567 Sec 809....       261
  Funding requirements.............  PL 102-567 Sec 812....       265
  Penalties........................  PL 102-567 Sec 811....       263
  Purpose..........................  PL 102-567 Sec 802....       257
  Unlawful activities..............  PL 102-567 Sec 810....       262
  U.S. Commissioners...............  PL 102-567 Sec 804....       258
Northern Boundary and Transboundary  PL 106-113............       310
 Rivers Restoration and Enhancement
 Fund.
  Northern Fund and Southern Fund..  PL 106-113 Sec 623(a).       310
  Pacific Salmon Treaty............  PL 106-113 Sec 623(d).       313
  Pacific Salmon Treaty              PL 106-113 Sec 623(b).       311
   implementation.
Northern Mariana Islands. See
 Covenant to Establish a
 Commonwealth of the Northern
 Mariana Islands
Northwest Atlantic Fisheries         PL 104-43.............       219
 Convention Act of 1995.
  Administrative matters...........  PL 104-43 Sec 209.....       224
  Appropriations authorization.....  PL 104-43 Sec 211.....       225
  Consultative committee...........  PL 104-43 Sec 208.....       224
  Definitions......................  PL 104-43 Sec 210.....       225
  Interagency cooperation..........  PL 104-43 Sec 205.....       222
  Penalties........................  PL 104-43 Sec 207.....       222
Northwest Atlantic Fisheries
 Convention Act of 1995--Continued
  Prohibited acts..................  PL 104-43 Sec 207.....       222
  Quota allocation practice........  PL 104-43 Sec 213.....       226
  Report...........................  PL 104-43 Sec 212.....       226
  Rulemaking.......................  PL 104-43 Sec 206.....       222
  Scientific advice requests.......  PL 104-43 Sec 203.....       221
  Secretary of State authorities...  PL 104-43 Sec 204.....       222
  U.S. representation..............  PL 104-43 Sec 202.....       220
Nuclear materials
  Export prohibition to countries    PL 109-58 Sec 632.....       393
   that sponsor terrorism.
  Export restrictions..............  PL 102-486 Sec 903....       401
  Prohibition on U.S. assumption of  PL 109-58 Sec 635.....       393
   liability for foreign incidents.
Nuclear Waste Policy Act of 1982
  Spent fuel storage and disposal    PL 97-425 Sec 223.....       593
   technical assistance.
 
 
                                    O
 
Oceans and International
 Environmental and Scientific
 Affairs, Bureau of
  Establishment....................  PL 93-126 Sec 9.......       523
Oil pipeline, negotiations with      PL 93-153 Sec 301.....       467
 Canada
Oil Pollution Act of 1990..........  PL 101-380............       126
  International inventory of         PL 101-380 Sec 3004...       127
   removal equipment and personnel.
  International regime               PL 101-380 Sec 3001...       126
   participation, sense of Congress.
  Negotiations with Canada           PL 101-380 Sec 3005...       127
   concerning tug escorts in Puget
   Sound.
  U.S.-Canada Great Lakes oil spill  PL 101-380 Sec 3002...       126
   cooperation.
  U.S.-Canada Lake Champlain oil     PL 101-380 Sec 3003...       127
   spill cooperation.
Oil Spill Liability Trust Fund,      PL 93-248 Sec 17......       156
 availability
Omnibus Insular Areas Act of 1992..  PL 102-247............      1088
  Appropriations authorization.....  PL 102-247 Sec 202....      1088
  Definitions......................  PL 102-247 Sec 201....      1088
  Freely Associated State Carrier..  PL 102-247 Sec 303....      1090
  Hazard mitigation................  PL 102-247 Sec 204....      1089
  Insular government purchases.....  PL 102-247 Sec 302....      1089
  Technical assistance.............  PL 102-247 Sec 203....      1089
Open Markets Support Act of 1992.
 See FREEDOM Support Act of 1992
Ozone, stratospheric protection,     PL 101-549 Sec 617....       664
 international cooperation
 
 
                                    P
 
Pacific Albacore Tuna Treaty.......  PL 108-219 Sec 401....       170
Pacific America
  Asian/Pacific American Heritage
   Month
    Designation and proclamations..  PL 105-225 Sec 102....      1328
Pacific Islands
  Civil government for the Trust     PL 83-451.............       918
   Territory of the Pacific Islands.
    Appropriations authorization...  PL 83-451 Sec 2.......       919
                                     PL 83-451 Sec 3.......       920
    Authorities....................  PL 83-451 Sec 4.......       920
  Interior Aapropriations for Trust
   Territory of the Pacific Islands
    Assistance to territories......  PL 109-54 Title I.....       922
  Micronesian Claims Act of 1971...  PL 92-39..............       910
Pacific Islands--Continued
  Micronesian Claims Act of 1971--
   Continued
    Appropriations authorization...  PL 92-39 Sec 102......       911
                                     PL 92-39 Sec 105......       914
                                     PL 92-39 Sec 202......       915
    Commission authority...........  PL 92-39 Sec 104......       913
                                     PL 92-39 Sec 201......       915
    Micronesian Claims Commission    PL 92-39 Sec 103......       912
     establishment.
    Payments.......................  PL 92-39 Sec 106......       914
    Purpose........................  PL 92-39 Sec 101......       911
    Remaining funds................  PL 92-39 Sec 203......       915
  Trust Territory Economic           PL 92-257.............       916
   Development Loan Fund.
    Authorities....................  PL 92-257 Sec 6.......       917
    Financial report...............  PL 92-257 Sec 5.......       917
    Loan amounts...................  PL 92-257 Sec 3.......       916
    Loan period....................  PL 92-257 Sec 2.......       916
    Payments.......................  PL 92-257 Sec 4.......       916
    Purpose........................  PL 92-257 Sec 1.......       916
Pacific Salmon Treaty Act of 1985..  PL 99-5...............       295
  Administration...................  PL 99-5 Sec 11........       304
  Advisory committee...............  PL 99-5 Sec 10........       303
  Appropriations authorization.....  PL 99-5 Sec 12........       304
  Authority and responsibility.....  PL 99-5 Sec 4.........       300
  Definitions......................  PL 99-5 Sec 2.........       295
  General standards................  PL 99-5 Sec 9.........       303
  Implementation...................  PL 106-113 Sec 623(b).       311
  Interagency cooperation..........  PL 99-5 Sec 5.........       300
  Preemption.......................  PL 99-5 Sec 6.........       301
  Prohibited acts and penalties....  PL 99-5 Sec 8.........       302
  Repealer.........................  PL 99-5 Sec 13........       305
  Rulemaking.......................  PL 99-5 Sec 7.........       301
  Savings..........................  PL 99-5 Sec 14........       305
  Spending authority restriction...  PL 99-5 Sec 15........       305
  U.S. representation..............  PL 99-5 Sec 3.........       296
Palau. See Republic of Palau
Parliamentary conferences
  Interparliamentary Union
    Designation of Senate delegates  PL 85-474.............       833
    Participation authorization....  PL 74-170 Sec 2503....       831
Participation of Taiwan in the       PL 106-137............      1319
 World Health Organization, 1999.
  Findings.........................  PL 106-137 Sec 1(a)...      1319
  Report...........................  PL 106-137 Sec 1(b)...      1320
Participation of Taiwan in the       PL 107-10.............      1317
 World Health Organization, 2001.
  Findings.........................  PL 107-10 Sec 1(a)....      1317
  Plan.............................  PL 107-10 Sec 1(b)....      1318
  Report...........................  PL 107-10 Sec 1(c)....      1318
Participation of Taiwan in the       PL 108-28.............      1315
 World Health Organization, 2003.
  Findings.........................  PL 108-28 Sec 1(a)....      1315
  Plan.............................  PL 108-28 Sec 1(b)....      1316
  Report...........................  PL 108-28 Sec 1(c)....      1316
Patriot Day
  September 11 designation.........  PL 107-89 Sec 1.......      1323
Permanent Select Committee on        House Rule X Clause 11      1229
 Intelligence, establishment.
Peru, free and fair elections......  PL 106-186............      1325
Pesticide Monitoring Improvements    PL 100-418 Sec 4703...       672
 Act of 1988, foreign information.
Poland
  Environmental initiatives........  PL 101-179 Sec 502....       501
  Environmental problems, report...  PL 101-179 Sec 703....       503
  Governing international fishery    PL 105-384 Sec 101....       113
   agreement.
Pollution
  Rio Grande Pollution Correction
   Act of 1987
    Agreements.....................  PL 100-465 Sec 2......       589
    Appropriations authorization...  PL 100-465 Sec 5......       590
    Environmental Protection Agency  PL 100-465 Sec 4......       590
     Administrator consultation.
    Secretary of State authority to  PL 100-465 Sec 3......       590
     plan, construct, operate and
     maintain facilities.
Pollution from ships...............  PL 96-478.............       128
  Actions against violators........  PL 96-478 Sec 11......       141
  Amendment acceptance.............  PL 96-478 Sec 10......       141
  Authorities......................  PL 96-478 Sec 15......       142
  Certificate issuance.............  PL 96-478 Sec 5.......       134
  Compliance by excluded vessels...  PL 96-478 Sec 3(e)....       132
  Definitions......................  PL 96-478 Sec 2.......       128
  Discharges in special areas......  PL 96-478 Sec 3(c)....       130
  Enforcement of...................  PL 96-478 Sec 4.......       133
  Incident reporting...............  PL 96-478 Sec 7.......       137
  Reception facility adequacy......  PL 96-478 Sec 6.......       135
  Ships applicable to..............  PL 96-478 Sec 3(a)....       129
                                     PL 96-478 Sec 3(b)....       130
                                     PL 96-478 Sec 3(d)....       131
  Standards applicable to excluded   PL 96-478 Sec 3(g)....       133
   ships.
  Violations.......................  PL 96-478 Sec 8.......       137
                                     PL 96-478 Sec 9.......       139
  Waiver authority.................  PL 96-478 Sec 3(f)....       132
Ports. See Deepwater Port Act of
 1974
Portugal
  Governing international fishery    PL 96-561 Sec 145.....       125
   agreements.
Preventing the Elimination of        PL 107-74 Sec 1.......      1225
 Certain Reports.
Private correspondence with foreign
 governments
  Logan Act........................  PL 80-772.............      1226
Proclamations
  Asian/Pacific American Heritage    PL 105-225 Sec 102....      1328
   Month.
  Captive Nations Week.............  PL 86-90..............      1326
  Designating September 11 as        PL 107-89 Sec 1.......      1323
   Patriot Day.
  Peru free and fair elections.....  PL 106-186............      1325
Puget Sound
  Negotiations with Canada           PL 101-380 Sec 3005...       127
   concerning tug escorts.
 
 
                                    R
 
Regional Emerging Diseases
 Intervention Center
  Authorization....................  PL 109-140............       525
Renewable energy
  Data system......................  PL 102-486 Sec 1209...       402
  Export technology training.......  PL 102-486 Sec 1203...       402
  Innovative technology transfer     PL 102-486 Sec 1211...       404
   program.
  Outreach.........................  PL 102-486 Sec 1210...       403
  Production incentive.............  PL 102-486 Sec 1212...       408
  Purposes.........................  PL 102-486 Sec 1201...       402
  Technology evaluation............  PL 102-486 Sec 1209...       402
Reporting requirements
  Continuation of Reports            PL 106-113............      1222
   Terminated by the Federal
   Reports Elimination and Sunset
   Act of 1995.
                                     PL 106-113 Sec 209....      1222
  Federal Reports Elimination and    PL 104-66.............      1218
   Sunset Act of 1995.
Reporting requirements--Continued
  Federal Reports Elimination and
   Sunset Act of 1995--Continued
    Department of Commerce.........  PL 104-66 Sec 1021....      1218
    Department of State............  PL 104-66 Sec 1111....      1219
                                     PL 104-66 Sec 1112....      1219
    Termination of reporting         PL 104-66 Sec 3003....      1219
     requirements.
    United States Information        PL 104-66 Sec 2241....      1219
     Agency reports eliminated.
  Preventing the Elimination of
   Certain Reports
    Reports........................  PL 107-74 Sec 1.......      1225
Reports to Congress
  African Elephant Conservation Act  PL 100-478 Sec 2103...       582
  Air quality monitoring and         PL 101-549 Sec 815(c).       666
   improvement along U.S.-Mexico
   border.
  Atlantic Tunas Convention Act      PL 94-70 Sec 11.......       207
   requirements.
  Atlantic Tunas Convention          PL 104-43 Sec 302(a)..       226
   Authorization Act requirements.
  Aviation security................  49 USC Sec 44938......       734
    Repair station security........  49 USC Sec 44924(g)...       724
    Screening passengers and         49 USC Sec 44901(d)...       689
     property.
  British-American                   PL 102-138 Sec 168(f).       839
   Interparliamentary Group.
  Canada-United States               PL 86-42 Sec 3........       844
   Interparliamentary Group.
  Clean coal technologies..........  PL 101-549 Sec 409....       663
  Compact of Free Association        PL 99-239 Sec 102.....      1053
   agreements with Federated States
   of Micronesia.
  Compact of Free Association        PL 99-239 Sec 103.....      1058
   agreements with the Marshall
   Islands.
  Compacts of Free Association
    Interpretation and policy        PL 108-188 Sec 104....       950
     regarding United States-
     Federated States of Micronesia
     and United States-Republic of
     the Marshall Islands Compacts.
  Compacts of Free Association       PL 99-239 Sec 302.....      1080
   Pacific policy.
  Conference on Security and
   Cooperation in Europe
    U.S. delegation................  PL 102-138 Sec 169(e).       840
  Consultative Commission on         PL 102-486 Sec 3020(e)       433
   Western Hemisphere Energy and
   Environment.
  Covert intelligence activities...  PL 80-253 Sec 503.....      1204
  Cyprus
    Investigation of U.S. citizens   PL 103-372 Sec 1......      1322
     missing since 1974.
  David L. Boren National Security   PL 102-183 Sec 806....      1247
   Education Act provision.
  Deep Seabed Hard Mineral           PL 96-283 Sec 309.....       104
   Resources Act requirements.
  Department of Commerce, reports    PL 104-66 Sec 1021....      1218
   eliminated.
  Department of State
    Continuation of Reports          PL 106-113 Sec 209....      1222
     Terminated by the Federal
     Reports Elimination and Sunset
     Act of 1995.
    Reports eliminated.............  PL 104-66 Sec 1111....      1219
  Driftnet fishing.................  PL 94-265 Sec 206(e)..        45
  Driftnet impact monitoring,        PL 100-220 Sec 4007(e)       279
   assessment, and control.
  Eastern hardwoods study..........  PL 101-382 Sec 498(b).       670
  Energy
    Clean coal technology export     PL 102-486 Sec 1331(f)       412
     promotion.
Reports to Congress--Continued
  Energy--Continued
    Innovative clean coal            PL 102-486 Sec 1332(k)       417
     technology transfer program.
    Innovative environmental         PL 102-486 Sec 1608(l)       427
     technology transfer program.
    Innovative renewable energy      PL 102-486 Sec 1211(k)       407
     technology transfer program.
    Integration with Latin America.  PL 109-58 Sec 1807....       399
    Petroleum supply interruptions.  PL 97-229 Sec 6.......       435
    Research and development         PL 109-58 Sec 986.....       395
     cooperation with Israel.
  Environmental issues
    Enterprise for the Americas      PL 83-480 Sec 614.....       512
     Environmental Fund.
    Foreign Operations, Export       PL 101-513 Sec 533....       487
     Financing, and Related
     Programs Appropriations Act,
     1991.
    Foreign Operations, Export       PL 108-9 Sec 555(b)...       482
     Financing, and Related
     Programs Appropriations Act,
     2004.
    Global Change Research Plan....  PL 101-606 Sec 107....       661
    Global climate change..........  PL 102-486 Sec 1601...       418
    Global climate protection......  PL 100-204 Sec 1104...       675
    Global warming initiative......  PL 101-167 Sec 534(c).       495
    Problems in Poland and Hungary.  PL 101-179 Sec 703....       503
    Trade-related barriers to        PL 101-240 Sec 734(b).       624
     export of greenhouse gas
     intensity reducing
     technologies.
  Foreign agents registration......  PL 75-583 Sec 11......      1175
  Foreign pesticide information....  PL 100-418 Sec 4703(d)       673
  FREEDOM Support Act..............  PL 102-511 Sec 603....       799
  Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
  Greenhouse gases
    Intensity reducing strategies..  PL 102-486 Sec 1610(f)       430
    Intensity reduction............  PL 101-240 Sec 732....       622
                                     PL 102-486 Sec 1605...       422
  House interparliamentary groups    PL 86-628 Sec 105.....       825
   travel abroad.
  Inspector General Act of 1978      PL 95-452 Sec 5.......      1253
   provisions.
  Intelligence.....................  PL 80-253 Sec 109.....      1199
  Intelligence activities other      PL 80-253 Sec 502.....      1203
   than covert actions.
  International cooperation to       PL 100-530 Sec 2......       578
   protect biological diversity.
  International Dolphin              PL 92-522 Sec 305.....       243
   Conservation Program.
  International organizations and
   conferences
    Requirements relating to funds   PL 99-415 Sec 7.......       834
     for.
  International Space Station        PL 106-391 Sec 201(a).       761
   Russian status.
  Kosova Liberation Army...........  PL 106-120 Sec 312....      1210
  Management of Compacts with the    EO 12569 Sec 6........      1154
   Republic of the Marshall
   Islands, the Federated States of
   Micronesia and the Republic of
   Palau.
  Marine Mammal Commission.........  PL 92-522 Sec 204.....       372
  Marine Turtle Conservation Act     PL 108-266 Sec 8......        52
   programs.
  Mexico-United States               PL 86-420 Sec 3.......       842
   Interparliamentary Group.
  Multilateral development bank      PL 95-118 Sec 1703....       619
   loans effect on environment,
   public health and indigenous
   people.
  National security review of        PL 109-58 Sec 1837(b).       400
   international energy
   requirements.
Reports to Congress--Continued
  National security strategy.......  PL 80-253 Sec 108.....      1198
  National Space Council...........  EO 12675 Sec 8........       803
  Neotropical Migratory Bird         PL 106-247 Sec 8......       538
   Conservation Act.
  Northwest Atlantic Fisheries       PL 104-43 Sec 212.....       226
   Convention Act requirements.
  Nuclear export restrictions......  PL 102-486 Sec 903(b).       401
  Oil spill cooperation between the
   United States and Canada
    Great Lakes....................  PL 101-380 Sec 3002(c)       126
    Lake Champlain.................  PL 101-380 Sec 3003(c)       127
  Preventing the Elimination of      PL 107-74 Sec 1.......      1225
   Certain Reports.
  Regional Emerging Diseases         PL 109-140............       525
   Intervention Center
   authorization.
  Secretary of State
    Soldiers missing in action.....  PL 106-89 Sec 3.......      1314
  Shark Finning Prohibition Act      PL 106-557 Sec 6......        54
   requirements.
  Space Agency Forum on              PL 102-588 Sec 215(b).       769
   International Space Year.
  Space cooperation with the former  PL 102-588 Sec 218(a).       769
   Soviet Union.
  Space exploration
    International cooperation in     PL 101-611 Sec 114(d).       778
     planetary exploration, study.
  Space Shuttle privatization......  PL 105-303 Sec 204(c).       791
  Taiwan
    Participation in the World       PL 106-137 Sec 1(b)...      1320
     Health Organization, 1999.
    Participation in the World       PL 107-10 Sec 1(c)....      1318
     Health Organization, 2001.
    Participation in the World       PL 108-28 Sec 1(c)....      1316
     Health Organization, 2003.
  Termination of reporting           PL 104-66 Sec 3003....      1219
   requirements.
  United States Commission on North  PL 109-58 Sec 1423(f).       398
   American Energy Freedom.
  United States Group of the NATO    PL 84-689 Sec 3.......       846
   Parliamentary Assembly.
  United States Information Agency
    Reports eliminated.............  PL 104-66 Sec 2241....      1219
Republic of Palau
  Compact of Free Association
   Amendments Act of 2003
    Payment to citizens employed by  PL 108-188 Sec 110....       965
     the U.S. Government.
  Compact of Free Association with   PL 101-219............      1083
   Palau implementation.
    Agreements.....................  PL 101-219 Sec 110....      1085
    Antidrug program...............  PL 101-219 Sec 103....      1084
    Audit certification............  PL 101-219 Sec 106....      1084
    Defense sites acquisition......  PL 101-219 Sec 107....      1085
    Energy assistance funding        PL 101-219 Sec 111....      1086
     modification.
    Entry into force of Compact....  PL 101-219 Sec 101....      1083
    Federal programs coordination    PL 101-219 Sec 108....      1085
     personnel.
    Fiscal procedures assistance...  PL 101-219 Sec 102....      1083
    Public auditor and special       PL 101-219 Sec 104....      1084
     prosecutor.
    Referendum costs...............  PL 101-219 Sec 109....      1085
    Submission of agreements.......  PL 101-219 Sec 112....      1086
    Transition funding.............  PL 101-219 Sec 113....      1087
  Compact of Free Association with
   the Republic of Palau
    Placing into full force and      Proc 6726.............      1159
     effect.
Republic of Palau--Continued
  Management of Compact of Free      EO 12569..............      1152
   Association.
    Cooperation among Executive      EO 12569 Sec 5........      1154
     departments and agencies.
    Delegation to the Secretary of   EO 12569 Sec 6........      1154
     Interior.
    Delegation to the Secretary of   EO 12569 Sec 7........      1154
     State.
    Interagency Group on Freely      EO 12569 Sec 3........      1153
     Associated State Affairs.
    Office of Freely Associated      EO 12569 Sec 3........      1153
     State Affairs.
    Responsibility of the Secretary  EO 12569 Sec 2........      1152
     of Interior.
    Responsibility of the Secretary  EO 12569 Sec 1........      1152
     of State.
    Saving provisions..............  EO 12569 Sec 8........      1155
    Supersession...................  EO 12569 Sec 8........      1155
    U.S. Representatives to the      EO 12569 Sec 4........      1154
     Freely Associated States.
  U.S.-Palau Compact of Free         PL 99-658.............      1093
   Association.
    Administrative provisions......  PL 99-658 Sec 231.....      1114
                                     PL 99-658 Sec 232.....      1114
                                     PL 99-658 Sec 233.....      1115
                                     PL 99-658 Sec 234.....      1115
                                     PL 99-658 Sec 235.....      1115
                                     PL 99-658 Sec 236.....      1115
    Agreement acceptance...........  PL 99-658 Sec 472.....      1128
    Agreements.....................  PL 99-658 Sec 471.....      1128
    Amendment and review...........  PL 99-658 Sec 431.....      1124
                                     PL 99-658 Sec 432.....      1124
    Approval, interpretation and     PL 99-658 Sec 101.....      1094
     policies.
                                     PL 99-658 Sec 411.....      1122
    Authorities and responsibility.  PL 99-658 Sec 352.....      1121
    Communications.................  PL 99-658 Sec 131.....      1103
                                     PL 99-658 Sec 132.....      1104
    Conference and dispute           PL 99-658 Sec 421.....      1122
     resolution.
                                     PL 99-658 Sec 422.....      1123
                                     PL 99-658 Sec 423.....      1123
                                     PL 99-658 Sec 424.....      1123
    Defense sites and operating      PL 99-658 Sec 321.....      1119
     rights.
                                     PL 99-658 Sec 322.....      1119
                                     PL 99-658 Sec 323.....      1120
                                     PL 99-658 Sec 324.....      1120
    Defense treaties and             PL 99-658 Sec 331.....      1120
     international security
     agreements.
    Definition of terms............  PL 99-658 Sec 461.....      1126
                                     PL 99-658 Sec 462.....      1127
    Environmental protection.......  PL 99-658 Sec 161.....      1106
                                     PL 99-658 Sec 162.....      1106
                                     PL 99-658 Sec 163.....      1107
    Extension......................  PL 99-658 Sec 102.....      1096
    Finance and taxation...........  PL 99-658 Sec 251.....      1117
                                     PL 99-658 Sec 252.....      1117
                                     PL 99-658 Sec 253.....      1117
                                     PL 99-658 Sec 254.....      1117
                                     PL 99-658 Sec 255.....      1118
                                     PL 99-658 Sec 256.....      1118
    Foreign affairs................  PL 99-658 Sec 121.....      1101
Republic of Palau--Continued
  U.S.-Palau Compact of Free
   Association--Continued
    Foreign affairs--Continued
                                     PL 99-658 Sec 122.....      1102
                                     PL 99-658 Sec 123.....      1102
                                     PL 99-658 Sec 124.....      1102
                                     PL 99-658 Sec 125.....      1102
                                     PL 99-658 Sec 126.....      1102
                                     PL 99-658 Sec 127.....      1102
                                     PL 99-658 Sec 128.....      1103
    Grant assistance...............  PL 99-658 Sec 211.....      1110
                                     PL 99-658 Sec 212.....      1112
                                     PL 99-658 Sec 213.....      1112
                                     PL 99-658 Sec 214.....      1112
                                     PL 99-658 Sec 215.....      1112
    Immigration....................  PL 99-658 Sec 141.....      1104
                                     PL 99-658 Sec 142.....      1104
                                     PL 99-658 Sec 143.....      1105
                                     PL 99-658 Sec 144.....      1105
    Joint Committee................  PL 99-658 Sec 351.....      1121
    Jurisdiction...................  PL 99-658 Sec 202.....      1129
    Legal provisions...............  PL 99-658 Sec 171.....      1108
                                     PL 99-658 Sec 172.....      1108
                                     PL 99-658 Sec 173.....      1108
                                     PL 99-658 Sec 174.....      1108
                                     PL 99-658 Sec 175.....      1109
                                     PL 99-658 Sec 176.....      1110
                                     PL 99-658 Sec 177.....      1110
    Preamble.......................  PL 99-658 Sec 201.....      1100
    Program assistance.............  PL 99-658 Sec 221.....      1112
                                     PL 99-658 Sec 222.....      1113
                                     PL 99-658 Sec 223.....      1114
                                     PL 99-658 Sec 224.....      1114
    Representation.................  PL 99-658 Sec 151.....      1105
                                     PL 99-658 Sec 152.....      1105
    Security and defense authority   PL 99-658 Sec 311.....      1119
     and responsibility.
                                     PL 99-658 Sec 312.....      1119
                                     PL 99-658 Sec 313.....      1119
    Self-government................  PL 99-658 Sec 111.....      1101
    Service in the Armed Forces of   PL 99-658 Sec 341.....      1120
     the United States.
                                     PL 99-658 Sec 342.....      1121
    Supplemental provisions........  PL 99-658 Sec 104.....      1096
    Survivability..................  PL 99-658 Sec 451.....      1125
                                     PL 99-658 Sec 452.....      1125
                                     PL 99-658 Sec 453.....      1125
                                     PL 99-658 Sec 454.....      1125
    Termination....................  PL 99-658 Sec 441.....      1124
                                     PL 99-658 Sec 442.....      1124
                                     PL 99-658 Sec 443.....      1124
    Threats to peace and security..  PL 99-658 Sec 353.....      1122
    Trade..........................  PL 99-658 Sec 241.....      1116
                                     PL 99-658 Sec 242.....      1116
                                     PL 99-658 Sec 243.....      1116
Republic of the Marshall Islands
  Approval of Agreement to Amend     PL 101-62.............      1092
   Governmental Representation
   Provisions of the Compact of
   Free Association.
  Compact of Free Association Act
   of 1985
    Administrative matters.........  PL 99-239 Sec 304.....      1081
    Approval.......................  PL 99-239 Sec 101.....      1048
                                     PL 99-239 Sec 103.....      1054
    Audit agreements implementation  PL 99-239 Sec 110.....      1077
    Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
    Conference.....................  PL 99-239 Sec 303.....      1081
    Construction contract            PL 99-239 Sec 106.....      1075
     assistance.
Republic of the Marshall Islands--
 Continued
  Compact of Free Association Act
   of 1985--Continued
    Findings.......................  PL 99-239 Sec 301.....      1080
    Interpretation and policy......  PL 99-239 Sec 104.....      1065
    Jurisdiction...................  PL 99-239 Sec 202.....      1079
    Limitations....................  PL 99-239 Sec 107.....      1076
    Payment timing.................  PL 99-239 Sec 109.....      1077
    Reports........................  PL 99-239 Sec 302.....      1080
    Supplemental provisions........  PL 99-239 Sec 105.....      1069
    Tax provisions.................  PL 99-239 Sec 405.....      1081
                                     PL 99-239 Sec 407.....      1082
    Transitional immigration rules.  PL 99-239 Sec 108.....      1077
  Compact of Free Association        PL 108-188............       926
   Amendments Act of 2003.
    Accountability.................  PL 108-188 Sec 213....      1023
    Administrative provisions......  PL 108-188 Sec 231....      1028
                                     PL 108-188 Sec 232....      1028
                                     PL 108-188 Sec 233....      1028
                                     PL 108-188 Sec 234....      1028
    Agreement acceptance...........  PL 108-188 Sec 471....      1045
    Agreements.....................  PL 108-188 Sec 103....       934
                                     PL 108-188 Sec 354....      1036
    Amendment......................  PL 108-188 Sec 431....      1039
    Annual grant assistance........  PL 108-188 Sec 211....      1020
    Annual grant funding...........  PL 108-188 Sec 217....      1025
    Appropriations authorization...  PL 108-188 Sec 109....       964
    Approval.......................  PL 108-188 Sec 101....       929
                                     PL 108-188 Sec 411....      1037
    Authorities and responsibility.  PL 108-188 Sec 352....      1036
    Carry-over of unused funds.....  PL 108-188 Sec 219....      1026
    Communications.................  PL 108-188 Sec 131....      1007
                                     PL 108-188 Sec 132....      1008
    Compensatory adjustments.......  PL 108-188 Sec 108....       963
    Conference and dispute           PL 108-188 Sec 421....      1038
     resolution.
                                     PL 108-188 Sec 422....      1038
                                     PL 108-188 Sec 423....      1038
                                     PL 108-188 Sec 424....      1038
    Construction contract            PL 108-188 Sec 106....       962
     assistance.
    Defense facilities and           PL 108-188 Sec 321....      1034
     operating rights.
                                     PL 108-188 Sec 322....      1034
                                     PL 108-188 Sec 323....      1034
    Defense treaties and             PL 108-188 Sec 331....      1034
     international security
     agreements.
    Definition of terms............  PL 108-188 Sec 461....      1042
                                     PL 108-188 Sec 462....      1044
                                     PL 108-188 Sec 463....      1045
    Environmental protection.......  PL 108-188 Sec 161....      1012
                                     PL 108-188 Sec 162....      1014
                                     PL 108-188 Sec 163....      1015
    Finance and taxation...........  PL 108-188 Sec 251....      1030
                                     PL 108-188 Sec 252....      1030
                                     PL 108-188 Sec 253....      1031
                                     PL 108-188 Sec 254....      1031
                                     PL 108-188 Sec 255....      1031
    Foreign affairs................  PL 108-188 Sec 121....      1006
                                     PL 108-188 Sec 122....      1006
                                     PL 108-188 Sec 123....      1007
                                     PL 108-188 Sec 124....      1007
                                     PL 108-188 Sec 125....      1007
                                     PL 108-188 Sec 126....      1007
                                     PL 108-188 Sec 127....      1007
    Immigration....................  PL 108-188 Sec 141....      1008
                                     PL 108-188 Sec 142....      1011
                                     PL 108-188 Sec 143....      1011
    Inflation adjustment...........  PL 108-188 Sec 218....      1026
Republic of the Marshall Islands--
 Continued
  Compact of Free Association
   Amendments Act of 2003--
   Continued
    Interpretation and policy        PL 108-188 Sec 104....       944
     regarding Compact.
    Joint Committee................  PL 108-188 Sec 351....      1035
    Joint Economic Management and    PL 108-188 Sec 214....      1024
     Financial Accountability
     Committee.
    Kwajalein impact and use.......  PL 108-188 Sec 212....      1023
    Legal provisions...............  PL 108-188 Sec 171....      1016
                                     PL 108-188 Sec 172....      1016
                                     PL 108-188 Sec 173....      1016
                                     PL 108-188 Sec 174....      1016
                                     PL 108-188 Sec 175....      1017
                                     PL 108-188 Sec 176....      1018
                                     PL 108-188 Sec 177....      1018
                                     PL 108-188 Sec 178....      1019
                                     PL 108-188 Sec 179....      1019
    Payment to citizens employed by  PL 108-188 Sec 110....       965
     the U.S. Government.
    Preamble.......................  PL 108-188 Sec 472....      1004
    Prohibition....................  PL 108-188 Sec 107....       963
    Report.........................  PL 108-188 Sec 215....      1024
    Representation.................  PL 108-188 Sec 151....      1012
                                     PL 108-188 Sec 152....      1012
    Security and defense authority   PL 108-188 Sec 311....      1032
     and responsibility.
                                     PL 108-188 Sec 312....      1032
                                     PL 108-188 Sec 313....      1032
                                     PL 108-188 Sec 314....      1032
                                     PL 108-188 Sec 315....      1033
                                     PL 108-188 Sec 316....      1033
    Self-government................  PL 108-188 Sec 111....      1006
    Service in Armed Forces of the   PL 108-188 Sec 341....      1035
     United States.
                                     PL 108-188 Sec 342....      1035
    Services and program assistance  PL 108-188 Sec 221....      1026
                                     PL 108-188 Sec 222....      1027
                                     PL 108-188 Sec 223....      1027
                                     PL 108-188 Sec 224....      1027
    Supplemental provisions........  PL 108-188 Sec 105....       951
    Survivability..................  PL 108-188 Sec 451....      1040
                                     PL 108-188 Sec 452....      1040
                                     PL 108-188 Sec 453....      1041
                                     PL 108-188 Sec 454....      1042
    Termination....................  PL 108-188 Sec 441....      1039
                                     PL 108-188 Sec 442....      1039
                                     PL 108-188 Sec 443....      1040
    Threats to peace and security..  PL 108-188 Sec 353....      1036
    Trade..........................  PL 108-188 Sec 241....      1029
                                     PL 108-188 Sec 242....      1029
                                     PL 108-188 Sec 243....      1030
                                     PL 108-188 Sec 244....      1030
    Trust Fund.....................  PL 108-188 Sec 216....      1024
                                     PL 108-188 Sec 217....      1025
  Implementation of the Compact of   Proc 5564.............      1156
   Free Association, 1986.
  Management of Compact............  EO 12569..............      1152
    Cooperation among Executive      EO 12569 Sec 5........      1154
     departments and agencies.
    Delegation to the Secretary of   EO 12569 Sec 6........      1154
     Interior.
    Delegation to the Secretary of   EO 12569 Sec 7........      1154
     State.
    Interagency Group on Freely      EO 12569 Sec 3........      1153
     Associated State Affairs.
    Office of Freely Associated      EO 12569 Sec 3........      1153
     State Affairs.
Republic of the Marshall Islands--
 Continued
  Management of Compact--Continued
    Responsibility of the Secretary  EO 12569 Sec 1........      1152
     of State.
    Responsibility of the Secretary  EO 12569 Sec 2........      1152
     of Interior.
    Saving provisions..............  EO 12569 Sec 8........      1154
    Supersession...................  EO 12569 Sec 8........      1155
    U.S. Representatives to the      EO 12569 Sec 4........      1154
     Freely Associated States.
Resolution Establishing a Select     S. Res. 400...........      1227
 Committee on Intelligence.
Rhinoceros and Tiger Conservation    PL 103-391............       552
 Act of 1994.
  Acceptance and use of donations..  PL 103-391 Sec 6......       555
  Advisory group...................  PL 103-391 Sec 9......       557
  Appropriations authorization.....  PL 103-391 Sec 10.....       557
  Assistance.......................  PL 103-391 Sec 5......       554
  Definitions......................  PL 103-391 Sec 4......       553
  Educational outreach program.....  PL 103-391 Sec 8......       556
  Findings.........................  PL 103-391 Sec 2......       552
  Prohibition on sale, importation   PL 103-391 Sec 7......       556
   or exportation of products.
  Purposes.........................  PL 103-391 Sec 3......       553
Rhinoceros and Tiger Conservation
 Act of 1998
  Findings.........................  PL 105-312............       550
Rio Grande American Canal Extension  PL 101-438............       575
 Act of 1990.
  Appropriations authorization.....  PL 101-438 Sec 5......       577
  Construction of canal extension,   PL 101-438 Sec 3......       575
   operation, maintenance and use.
  Definitions......................  PL 101-438 Sec 6......       577
  Findings.........................  PL 101-438 Sec 2......       575
  Subsidence damage study..........  PL 101-438 Sec 4......       577
Rio Grande Pollution Correction Act  PL 100-465............       589
 of 1987.
  Agreements.......................  PL 100-465 Sec 2......       589
  Appropriations authorization.....  PL 100-465 Sec 5......       590
  Environmental Protection Agency    PL 100-465 Sec 4......       590
   Administrator consultation.
  Secretary of State authority to    PL 100-465 Sec 3......       590
   plan, construct, operate and
   maintain facilities.
R.M.S. Titanic Maritime Memorial     PL 99-513.............       292
 Act of 1986.
  Commendation.....................  PL 99-513 Sec 4.......       293
  Conduct of future activities,      PL 99-513 Sec 7.......       294
   sense of Congress.
  Definitions......................  PL 99-513 Sec 3.......       293
  Extraterritorial sovereignty       PL 99-513 Sec 8.......       294
   disclaimer.
  Findings.........................  PL 99-513 Sec 2(a)....       292
  International agreement..........  PL 99-513 Sec 6.......       293
  International guidelines.........  PL 99-513 Sec 5.......       293
  Purpose..........................  PL 99-513 Sec 2(b)....       292
Romania
  International claims settlement
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 203.....       860
                                     PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Against foreign governments..  PL 81-455 Sec 313.....       878
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 303.....       872
    Definitions....................  PL 81-455 Sec 201.....       859
                                     PL 81-455 Sec 301.....       870
    Designated officer or agency...  PL 81-455 Sec 209.....       867
    Finality of Commission actions.  PL 81-455 Sec 314.....       878
Romania--Continued
  International claims settlement--
   Continued
    Funds creation.................  PL 81-455 Sec 302.....       871
    Jurisdiction...................  PL 81-455 Sec 206.....       861
    Liability......................  PL 81-455 Sec 205.....       861
    Liens..........................  PL 81-455 Sec 214.....       869
    Liquidation....................  PL 81-455 Sec 213.....       868
    Payments.......................  PL 81-455 Sec 208.....       863
                                     PL 81-455 Sec 306.....       874
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       878
    Recording conveyances..........  PL 81-455 Sec 204.....       861
    Returns........................  PL 81-455 Sec 211.....       867
    Settlement period..............  PL 81-455 Sec 316.....       878
    Suits..........................  PL 81-455 Sec 211.....       867
    Trading With the Enemy Act       PL 81-455 Sec 216.....       869
     provisions.
    Vested property................  PL 81-455 Sec 202.....       859
    Vesting officers or agencies...  PL 81-455 Sec 212.....       867
    Violations.....................  PL 81-455 Sec 215.....       869
                                     PL 81-455 Sec 312.....       878
Russia
  FREEDOM Support Act
    American Business Centers......  PL 102-511 Sec 301....       497
    Independent states definition..  PL 102-511 Sec 3......       497
  International Space Station        PL 106-391 Sec 201....       761
   status.
Russian Federation
  Governing international fishery
   agreements
    Agreement......................  PL 103-206 Sec 701....       114
    Fishery conservation in the      PL 103-206 Sec 703....       114
     central Bering Sea.
Ryukyu Claims Settlement Act. See
 Claims settlements
 
 
                                    S
 
Salmon
  Atlantic Salmon Convention Act of  PL 97-389.............       306
   1982.
  Pacific Salmon Treaty Act of 1985  PL 99-5...............       295
  Yukon River Salmon Act of 1995...  PL 104-43.............       231
    Administrative matters.........  PL 104-43 Sec 709.....       234
    Advisory Committee.............  PL 104-43 Sec 705.....       233
    Appropriations authorization...  PL 104-43 Sec 710.....       234
    Authority and responsibility...  PL 104-43 Sec 707.....       234
    Continuation of agreement......  PL 104-43 Sec 708.....       234
    Definitions....................  PL 104-43 Sec 703.....       232
    Exemption......................  PL 104-43 Sec 706.....       233
    Panel..........................  PL 104-43 Sec 704.....       232
    Purposes.......................  PL 104-43 Sec 702.....       232
  Yukon River Salmon Act of 2000...  PL 106-450............        56
    Administrative matters.........  PL 106-450 Sec 206....        59
    Advisory committee.............  PL 106-450 Sec 203....        58
    Appropriations authorization...  PL 106-450 Sec 208....        59
    Authority and responsibility...  PL 106-450 Sec 205....        58
    Exemption......................  PL 106-450 Sec 204....        58
    Stock restoration and            PL 106-450 Sec 207....        59
     enhancement projects.
    Yukon River Salmon Panel.......  PL 106-450 Sec 202....        56
Sea turtle conservation
  Negotiation of international       PL 101-162 Sec 609....       282
   agreements.
Secretary of Commerce
  Atlantic Salmon Convention Act     PL 97-389 Sec 305.....       307
   authority.
  Fishermen's Protective Act         PL 83-680 Sec 8.......       380
   authority.
  Whaling Convention Act             PL 81-676 Sec 12......       290
   authorities.
Secretary of State
  Atlantic Salmon Convention Act     PL 97-389 Sec 304.....       307
   authority.
  Atlantic Tunas Convention Act of   PL 94-70 Sec 5........       198
   1975 authority.
  Eastern Pacific Ocean Tuna         PL 98-445 Sec 4.......       186
   Licensing Act of 1984 authority.
  Environmental enhancement          EO 11742..............       524
   international agreements
   negotiation.
  Fishermen's Protective Act         PL 83-680 Sec 5.......       377
   authority.
                                     PL 83-680 Sec 12......       388
  Foreign Relations Authorization
   Act, FY 1979
    Diplomacy responsibilities.....  PL 95-426 Sec 504.....       521
  Management of Compacts with the    EO 12569 Sec 1........      1152
   Republic of the Marshall
   Islands, the Federated States of
   Micronesia and the Republic of
   Palau.
  Northwest Atlantic Fisheries       PL 104-43 Sec 204.....       222
   Convention Act of 1995
   authorities.
  Pacific Salmon Treaty Act          PL 99-5 Sec 4.........       300
   authority.
  Rio Grande pollution correction    PL 100-465 Sec 3......       590
   authority.
  Soldiers missing in action,        PL 106-89 Sec 3.......      1314
   reports.
  South Pacific Tuna Act of 1988     PL 100-330 Sec 19.....       183
   authority.
  Whaling Convention Act authority.  PL 81-676 Sec 4.......       286
Secretary of Interior
  Management of Compacts with the    EO 12569 Sec 2........      1152
   Republic of the Marshall
   Islands, the Federated States of
   Micronesia and the Republic of
   Palau.
                                     EO 12569 Sec 6........      1154
Secretary of State
  Agricultural Trade Development     EO 13345 Sec 2........       517
   and Assistance Act foreign
   affairs functions.
  Management of Compacts with the    EO 12569 Sec 7........      1154
   Republic of the Marshall
   Islands, the Federated States of
   Micronesia and the Republic of
   Palau.
Secretary of Treasury
  Agricultural Trade Development     EO 13345 Sec 1........       516
   and Assistance Act foreign
   affairs functions.
Security. See Aviation security;
 National security
SEED Act. See Support for East
 European Democracy Act of 1989
Select Committee on Intelligence
  Establishment....................  S. Res. 400 Sec 2.....      1227
  Reports..........................  S. Res. 400 Sec 4.....      1228
September 11 Designated as Patriot   PL 107-89 Sec 1.......      1323
 Day.
Set America Free Act of 2005
  North American energy freedom      PL 109-58 Sec 1424....       399
   policy.
  Purpose..........................  PL 109-58 Sec 1422....       396
  United States Commission on North  PL 109-58 Sec 1423....       396
   American Energy Freedom.
Shark Finning Prohibition Act......  PL 106-557............        53
  Appropriations authorization.....  PL 106-557 Sec 10.....        55
  International negotiations.......  PL 106-557 Sec 5......        53
  Purpose..........................  PL 106-557 Sec 2......        53
  Regulations......................  PL 106-557 Sec 4......        53
  Report...........................  PL 106-557 Sec 6......        54
  Research.........................  PL 106-557 Sec 7......        54
  Shark-finning defined............  PL 106-557 Sec 9......        55
  Western Pacific longline           PL 106-557 Sec 8......        55
   fisheries cooperative research
   program.
Soldiers missing in action
  Zachary Baumel...................  PL 106-89.............      1314
Soldiers missing in action--
 Continued
  Zachary Baumel--Continued
    Actions with respect to missing  PL 106-89 Sec 2.......      1313
     soldiers.
    Findings.......................  PL 106-89 Sec 1.......      1313
    Reports........................  PL 106-89 Sec 3.......      1314
South Korea
  Governing international fishery    PL 100-66 Sec 1.......       122
   agreements.
South Pacific Tuna Act of 1988.....  PL 100-330............       172
  Agreement to arrangements........  PL 100-330 Sec 18.....       183
  Application to other laws........  PL 100-330 Sec 3......       173
  Appropriations authorization.....  PL 100-330 Sec 20.....       183
  Arbitration......................  PL 100-330 Sec 16.....       182
  Civil penalties..................  PL 100-330 Sec 8......       176
  Closed area stowage requirements.  PL 100-330 Sec 13.....       181
  Criminal offenses................  PL 100-330 Sec 7......       176
  Definitions......................  PL 100-330 Sec 2......       172
  Disposition of fees, penalties     PL 100-330 Sec 17.....       183
   and forfeitures.
  Enforcement......................  PL 100-330 Sec 10.....       179
  Exceptions.......................  PL 100-330 Sec 6......       175
  Findings by the Secretary........  PL 100-330 Sec 11.....       180
  Licenses.........................  PL 100-330 Sec 9......       177
  Observers........................  PL 100-330 Sec 14.....       182
  Prohibited acts..................  PL 100-330 Sec 5......       174
  Regulations......................  PL 100-330 Sec 4......       174
  Reports..........................  PL 100-330 Sec 12.....       181
  Secretary of State authority.....  PL 100-330 Sec 19.....       183
  Technical assistance.............  PL 100-330 Sec 15.....       182
Southern Boundary Restoration and    PL 106-113............       310
 Enhancement Fund.
  Northern Fund and Southern Fund..  PL 106-113 Sec 623(a).       310
  Pacific Salmon Treaty............  PL 106-113 Sec 623(d).       313
  Pacific Salmon Treaty              PL 106-113 Sec 623(b).       311
   implementation.
Soviet Union
  Cooperative East-West ventures in  PL 98-562.............       795
   space.
  FREEDOM Support Act of 1992......  PL 102-511............       798
    Acquisition of space hardware,   PL 102-511 Sec 601....       798
     technology and services from
     the former Soviet Union.
    Definitions....................  PL 102-511 Sec 604....       799
    Office of Space Commerce.......  PL 102-511 Sec 602....       798
    Report.........................  PL 102-511 Sec 603....       799
  Governing international fishery
   agreements
    Agreement......................  PL 100-629 Sec 1......       118
    North Pacific and Bering Sea     PL 100-629 Sec 5......       118
     Fisheries Advisory Body.
    Vessel identification equipment  PL 100-629 Sec 6......       119
  International claims settlement
    Appropriations authorization...  PL 81-455 Sec 315.....       878
    Certification..................  PL 81-455 Sec 308.....       875
    Claims.........................  PL 81-455 Sec 311.....       877
      Against foreign governments..  PL 81-455 Sec 313.....       878
      Amounts......................  PL 81-455 Sec 307.....       875
      Claimants....................  PL 81-455 Sec 207.....       861
      Funds........................  PL 81-455 Sec 309.....       875
      Validity.....................  PL 81-455 Sec 305.....       874
    Definitions....................  PL 81-455 Sec 301.....       870
    Finality of Commission actions.  PL 81-455 Sec 314.....       878
    Funds creation.................  PL 81-455 Sec 302.....       871
    Payments.......................  PL 81-455 Sec 306.....       874
                                     PL 81-455 Sec 310.....       875
                                     PL 81-455 Sec 317.....       878
    Settlement period..............  PL 81-455 Sec 316.....       878
    Violations.....................  PL 81-455 Sec 312.....       878
Space Agency Forum on International
 Space Year
  Report...........................  PL 102-588 Sec 215(b).       769
  Sense of Congress................  PL 102-588 Sec 215(a).       768
Space program. See also National
 aeronautics and space acts
  Commercial Space Act of 1998.....  PL 105-303............       784
    Commercial Space Centers         PL 105-303 Sec 106....       788
     administration.
    Commercialization of space       PL 105-303 Sec 101....       785
     station.
    Definitions....................  PL 105-303 Sec 2......       784
    Earth science data sources.....  PL 105-303 Sec 107....       788
    Excess intercontinental          PL 105-303 Sec 205....       790
     ballistic missile use.
    Global positioning system        PL 105-303 Sec 104....       787
     standards promotion.
    National launch capability       PL 105-303 Sec 206....       792
     study.
    Shuttle privatization..........  PL 105-303 Sec 204....       790
    Space science data acquisition.  PL 105-303 Sec 105....       787
    Space transportation services
      Acquisition..................  PL 105-303 Sec 202....       790
      Procurement..................  PL 105-303 Sec 201....       789
  Cooperative East-West ventures in  PL 98-562.............       795
   space.
  National Science and Technology
   Council.
    Administration.................  EO 12881 Sec 5........       805
                                     EO 12881..............       804
    Establishment..................  EO 12881 Sec 1........       804
    Functions......................  EO 12881 Sec 4........       805
    Meetings.......................  EO 12881 Sec 3........       804
    Membership.....................  EO 12881 Sec 2........       804
  National Space Council...........  EO 12675..............       801
    Administrative provisions......  EO 12675 Sec 7........       802
    Composition....................  EO 12675 Sec 1........       801
    Establishment..................  EO 12675 Sec 1........       801
    Functions......................  EO 12675 Sec 2........       801
    Policy planning process........  EO 12675 Sec 4........       802
    Report.........................  EO 12675 Sec 8........       803
    Responsibilities of the          EO 12675 Sec 3........       802
     Chairman.
  National Space Council
   Authorization Act of 1990
    Appropriations authorization...  PL 101-328 Sec 2......       796
    Review of launch industry......  PL 101-328 Sec 5......       796
Space Shuttle
  Privatization....................  PL 105-303 Sec 204....       790
  Use..............................  PL 101-611 Sec 112....       776
Space station. See International
 space station
Space trade and cooperation
  FREEDOM Support Act..............  PL 102-511............       798
    Acquisition of space hardware,   PL 102-511 Sec 601....       798
     technology and services from
     the former Soviet Union.
    Definitions....................  PL 102-511 Sec 604....       799
    Office of Space Commerce.......  PL 102-511 Sec 602....       798
    Report.........................  PL 102-511 Sec 603....       799
Spain
  Governing international fishery    PL 97-389 Sec 401.....       124
   agreements.
                                     PL 97-389 Sec 402.....       124
State, Department of
  Continuation of Reports            PL 106-113 Sec 209....      1222
   Terminated by the Federal
   Reports Elimination and Sunset
   Act of 1995.
  International narcotics control..  PL 104-66 Sec 1112....      1219
  Limitation on handling, retention  PL 106-567 Sec 309....      1212
   and storage of classified
   materials.
State, Department of--Continued
  National security emergency
   preparedness responsibilities
    Lead responsibilities..........  EO 12656 Sec 1301.....      1284
    Support responsibilities.......  EO 12656 Sec 1302.....      1285
  Protection of classified           PL 107-306 Sec 832....      1214
   materials policies and
   procedures.
  Reports eliminated...............  PL 104-66 Sec 1111....      1219
  Terrorism affecting aviation
   security of Americans abroad
    Antiterrorism measures.........  PL 101-604 Sec 214....       753
    Disaster training for State      PL 101-604 Sec 206....       750
     Department personnel.
    Family liaison and toll-free     PL 101-604 Sec 205....       750
     family communications system.
    International Civil Aviation     PL 101-604 Sec 215....       754
     Organization consideration of
     proposal.
    Lockerbie experience assessment  PL 101-604 Sec 209....       752
    Notification of families of      PL 101-604 Sec 204....       750
     victims.
    Official recognition...........  PL 101-604 Sec 210....       752
    Overseas security electronic     PL 101-604 Sec 212....       753
     bulletin board.
    Recovery and disposition of      PL 101-604 Sec 208....       751
     remains and personal effects.
    State Department                 PL 101-604 Sec 207....       751
     responsibilities and
     procedures at disaster site.
Strategic Environmental Research     10 USC................       596
 and Development Program
  Advisory Board...................  10 USC Sec 2904.......       602
  Council..........................  10 USC Sec 2902.......       597
  Establishment....................  10 USC Sec 2901(a)....       596
  Executive Director...............  10 USC Sec 2903.......       601
  Purposes.........................  10 USC Sec 2901(b)....       597
Strengthening armed vessel of        18 USC Sec 961........      1189
 foreign nation
Sub-Saharan Africa
  Debt-for-nature exchanges pilot    PL 87-195 Sec 466.....       478
   program.
Sunset. See Federal Reports
 Elimination and Sunset Act of 1995
Supplemental Appropriations Act      1954..................
  Availability of funds for field    PL 83-207 Sec 1108....       830
   examination of estimates.
Support for East European Democracy  PL 101-179............       501
 Act of 1989.
  Environmental initiatives for      PL 101-179 Sec 502....       501
   Poland and Hungary.
  Environmental problems in Poland   PL 101-179 Sec 703....       503
   and Hungary, report.
Sustainable Fisheries Act..........  PL 104-297............        61
  International fishery agreements
    Atlantic herring transshipment.  PL 104-297 Sec 105(e).        61
    Russian fishing in the Bering    PL 104-297 Sec 105(g).        62
     Sea.
  Magnuson Fishery Conservation and  PL 104-297 Sec 2......        61
   Management Act amendment.
 
 
                                    T
 
Taiwan
  Participation of Taiwan in the     PL 106-137............      1319
   World Health Organization, 1999.
    Findings.......................  PL 106-137 Sec 1(a)...      1319
    Report.........................  PL 106-137 Sec 1(b)...      1320
  Participation of Taiwan in the     PL 107-10.............      1317
   World Health Organization, 2001.
    Findings.......................  PL 107-10 Sec 1(a)....      1317
    Plan...........................  PL 107-10 Sec 1(b)....      1318
    Report.........................  PL 107-10 Sec 1(c)....      1318
Taiwan--Continued
  Participation of Taiwan in the     PL 108-28.............      1315
   World Health Organization, 2003.
    Findings.......................  PL 108-28 Sec 1(a)....      1315
    Plan...........................  PL 108-28 Sec 1(b)....      1316
    Report.........................  PL 108-28 Sec 1(c)....      1316
Telecommunications
  National security and emergency    EO 12472..............      1264
   preparedness telecommunications
   functions.
    Assignment of responsibilities   EO 12472 Sec 3........      1269
     to other departments and
     agencies.
    Executive Office                 EO 12472 Sec 2........      1267
     responsibilities.
    General provisions.............  EO 12472 Sec 4........      1272
    National Communications System.  EO 12472 Sec 1........      1264
Temporary Emergency Wildfire         PL 100-428............       591
 Suppression Act.
  Definitions......................  PL 100-428 Sec 2......       591
  Funds............................  PL 100-428 Sec 4......       592
  Implementation...................  PL 100-428 Sec 3......       591
Territorial Sea of the United        Proc 5928.............       110
 States.
Terrorism
  Aviation security
    Antiterrorism assistance.......  PL 101-604 Sec 213....       753
    Antiterrorism measures.........  PL 101-604 Sec 214....       753
    Compensation for victims of      PL 101-604 Sec 211....       752
     terrorism.
    Coordinator for                  PL 101-604 Sec 202....       750
     Counterterrorism.
    Disaster training for State      PL 101-604 Sec 206....       750
     Department personnel.
    International Civil Aviation     PL 101-604 Sec 215....       754
     Organization consideration of
     proposal.
    International negotiations.....  PL 101-604 Sec 201....       749
    Lockerbie experience assessment  PL 101-604 Sec 209....       752
    Official Department of State     PL 101-604 Sec 210....       752
     recognition.
    Overseas security electronic     PL 101-604 Sec 212....       753
     bulletin board.
    Recovery and disposition of      PL 101-604 Sec 208....       751
     remains and personal effects.
    State Department family liaison  PL 101-604 Sec 205....       750
     and toll-free family
     communications system.
    State Department notification    PL 101-604 Sec 204....       750
     of families of victims.
    State Department                 PL 101-604 Sec 207....       751
     responsibilities and
     procedures at disaster site.
  Civil aviation boycott of          PL 99-83 Sec 555......       756
   countries supporting terrorism.
  Hijacking TWA Flight 847, sense    PL 99-83 Sec 558......       756
   of Congress.
  September 11 designated as         PL 107-89 Sec 1.......      1323
   Patriot Day.
Tigers. See Rhinoceros and Tiger
 Conservation Act of 1994;
 Rhinoceros and Tiger Conservation
 Act of 1998
Timber
  Export restriction of unprocessed  PL 101-382 Sec 491....       669
   timber from State and public
   lands.
Titanic. See R.M.S. Titanic
 Maritime Memorial Act of 1986
Torture
  U.S. Government opposition to the  PL 98-447.............      1286
   practice of torture.
Trade Promotion Coordinating
 Committee
  Interagency working group on       PL 102-511 Sec 304....       500
   energy.
Trading With the Enemy Act
  International claims settlements.  PL 81-455 Sec 216.....       869
Transnational Threats, Committee on
  Establishment....................  PL 80-253 Sec 101(i)..      1196
Transshipment agreements
  Atlantic herring.................  PL 104-297 Sec 105(e).        61
Travel abroad
  Availability of funds for field    PL 83-207 Sec 1108....       830
   examination of estimates.
  House interparliamentary groups
    Reporting requirements.........  PL 86-628 Sec 105.....       825
  Local currency availability......  PL 83-665 Sec 502.....       827
Tropical Forest Conservation Act     EO 13345 Sec 1........       516
 implementation
  Government appointees to the       EO 13345 Sec 4........       517
   Enterprise for the Americas
   Board.
  Guidance for the performance of    EO 13345 Sec 5........       518
   functions.
  Secretary of State...............  EO 13345 Sec 2........       517
  Secretary of Treasury............  EO 13345 Sec 1........       516
  USAID recommendation.............  EO 13345 Sec 3........       517
Tropical forests
  Congo Basin Forest Partnership
   Act of 2004
    Appropriations authorization...  PL 108-200 Sec 3......       527
    Findings.......................  PL 108-200 Sec 2......       526
  Foreign Assistance Act of 1961...  PL 87-195 Sec 118.....       470
Trust Territory Economic             PL 92-257.............       916
 Development Loan Fund.
  Authorities......................  PL 92-257 Sec 6.......       917
  Loan amounts.....................  PL 92-257 Sec 3.......       916
  Loan period......................  PL 92-257 Sec 2.......       916
  Payments.........................  PL 92-257 Sec 4.......       916
  Purpose..........................  PL 92-257 Sec 1.......       916
  Report...........................  PL 92-257 Sec 5.......       917
Tuna Conventions
  Atlantic Tunas Convention Act of   PL 96-339.............       190
   1975, appropriation
   authorization.
  Atlantic Tunas Convention Act of   PL 94-70..............       194
   1975.
  Eastern Pacific Ocean Tuna         PL 98-445.............       185
   Licensing Act of 1984.
  Pacific Albacore Tuna Treaty.....  PL 108-219............       170
  South Pacific Tuna Act of 1988...  PL 100-330............       172
  Tuna Conventions Act of 1950.....  PL 81-764.............       160
Tuna Conventions Act of 1950.......  PL 81-764.............       160
  Applicability of provisions......  PL 81-764 Sec 13......       168
  Appropriations authorization.....  PL 81-764 Sec 12......       168
  Authorities......................  PL 81-764 Sec 6.......       163
                                     PL 81-764 Sec 7.......       165
  Bycatch reduction in the eastern   PL 81-764 Sec 15......       168
   tropical Pacific Ocean.
  Commissioners appointment........  PL 81-764 Sec 3.......       161
  Conduct authorized by conventions  PL 81-764 Sec 11......       168
  Definitions......................  PL 81-764 Sec 2.......       160
  Enforcement of provisions........  PL 81-764 Sec 10......       166
  General Advisory Committee.......  PL 81-764 Sec 4.......       161
  Program coordination.............  PL 81-764 Sec 9.......       166
  Scientific Advisory Subcommittee.  PL 81-764 Sec 4.......       161
  Violations.......................  PL 81-764 Sec 8.......       165
Turtles. See Marine Turtle
 Conservation Act of 2004; Sea
 turtle conservation
 
 
                                    U
 
Ukraine
  Commission on the Ukraine Famine   PL 99-180.............      1288
   Act.
    Administrative provisions......  PL 99-180 Sec 5.......      1290
    Appropriations authorization...  PL 99-180 Sec 8.......      1291
    Duties.........................  PL 99-180 Sec 3.......      1289
Ukraine--Continued
  Commission on the Ukraine Famine
   Act--Continued
    Establishment..................  PL 99-180 Sec 1.......      1288
    Membership.....................  PL 99-180 Sec 4.......      1289
    Powers.........................  PL 99-180 Sec 6.......      1290
    Purpose........................  PL 99-180 Sec 2.......      1288
    Termination....................  PL 99-180 Sec 7.......      1291
UNCED. See United Nations
 Conference on Environment and
 Development
Union of Soviet Socialist Republics
  Fishery agreements...............  PL 94-265 Sec 202(g)..        29
United Nations
  Restrictions on intelligence       PL 80-253 Sec 112.....      1200
   sharing.
United Nations Conference on
 Environment and Development
  U.S. support.....................  PL 102-138 Sec 364....       570
United Nations Environment Program
 Participation Act of 1973
  Appropriation authorization......  PL 93-188 Sec 3.......       595
  Policy...........................  PL 93-188 Sec 2.......       595
United States Agency for
 International Development
  Foreign affairs functions          EO 13345 Sec 3........       517
   recommendation.
United States-Asia Environmental
 Partnership
  Innovative clean coal technology   PL 102-486 Sec 1332(i)       417
   transfer program.
  Innovative environmental           PL 102-486 Sec 1608(j)       427
   technology transfer program.
  Renewable energy technology        PL 102-486 Sec 1211(i)       407
   transfer program.
United States Commission on North
 American Energy Freedom
  Administrative procedures........  PL 109-58 Sec 1423(g).       398
  Appropriations authorization.....  PL 109-58 Sec 1423(i).       398
  Establishment....................  PL 109-58 Sec 1423(a).       396
  Meetings.........................  PL 109-58 Sec 1423(e).       398
  Membership.......................  PL 109-58 Sec 1423(b).       396
  Report...........................  PL 109-58 Sec 1423(f).       398
  Resources........................  PL 109-58 Sec 1423(c).       397
  Staffing.........................  PL 109-58 Sec 1423(d).       398
  Termination......................  PL 109-58 Sec 1423(h).       398
United States Enrichment
 Corporation
  Nuclear export restrictions......  PL 102-486 Sec 903....       401
  Severability.....................  PL 102-486 Sec 904....       402
United States Group of the NATO      PL 84-689.............       845
 Parliamentary Assembly.
  Appropriations authorization.....  PL 84-689 Sec 2.......       846
                                     PL 84-689 Sec 5.......       847
  Certification of expenditures....  PL 84-689 Sec 4.......       846
  Report...........................  PL 84-689 Sec 3.......       846
United States Information Agency
  National security emergency
   preparedness responsibilities
    Lead responsibilities..........  EO 12656 Sec 2501.....      1285
    Support responsibilities.......  EO 12656 Sec 2502.....      1285
  Reports eliminated...............  PL 104-66 Sec 2241....      1219
U.S. Government opposition to the    PL 98-447.............      1286
 practice of torture.
U.S. Holocaust Assets Commission     PL 105-186............      1298
 Act of 1998.
  Administrative support services..  PL 105-186 Sec 6......      1304
  Appropriations authorization.....  PL 105-186 Sec 9......      1304
  Duties...........................  PL 105-186 Sec 3......      1299
  Establishment....................  PL 105-186 Sec 2......      1298
  Personnel matters................  PL 105-186 Sec 5......      1302
U.S. Holocaust Assets Commission
 Act of 1998--Continued
  Powers...........................  PL 105-186 Sec 4......      1301
  Provisions.......................  PL 105-186 Sec 8......      1304
  Termination......................  PL 105-186 Sec 7......      1304
USAID. See United States Agency for
 International Development
 
 
                                    V
 
Vietnam
  International claims settlement
    Application of other provisions  PL 81-455 Sec 715.....       899
    Appropriations authorization...  PL 81-455 Sec 713.....       899
    Assigned claims................  PL 81-455 Sec 707.....       897
    Award payment procedures.......  PL 81-455 Sec 710.....       898
    Certification..................  PL 81-455 Sec 707.....       897
    Claims Fund....................  PL 81-455 Sec 709.....       898
    Consolidated awards............  PL 81-455 Sec 708.....       897
    Corporate claims...............  PL 81-455 Sec 705.....       896
    Definitions....................  PL 81-455 Sec 702.....       895
    Fees for services..............  PL 81-455 Sec 714.....       899
    Offsets........................  PL 81-455 Sec 706.....       897
    Ownership of claims............  PL 81-455 Sec 704.....       896
    Purpose........................  PL 81-455 Sec 701.....       895
    Receipt and determination of     PL 81-455 Sec 703.....       896
     claims.
    Separability...................  PL 81-455 Sec 716.....       899
    Settlement period..............  PL 81-455 Sec 711.....       898
    Transfer of records............  PL 81-455 Sec 712.....       898
 
 
                                    W
 
War crimes. See Nazi War Crimes
 Disclosure Act; Nazi war crimes
 records
Western Hemisphere
  Consultative Commission on         PL 102-486 Sec 3020...       432
   Western Hemisphere Energy and
   Environment.
  Energy research and development    PL 109-58 Sec 985.....       394
   cooperation.
Whales
  Whaling Convention Act of 1949...  PL 81-676.............       285
  Wildlife Sanctuary for Humpback    PL 99-630.............       284
   Whales.
Whaling Convention Act of 1949.....  PL 81-676.............       285
  Applicability....................  PL 81-676 Sec 15......       291
  Appropriations authorization.....  PL 81-676 Sec 14......       291
  Cooperation with other agencies..  PL 81-676 Sec 10......       290
  Definitions......................  PL 81-676 Sec 2.......       285
  Enforcement......................  PL 81-676 Sec 9.......       288
  Licenses.........................  PL 81-676 Sec 6.......       287
  Penalties........................  PL 81-676 Sec 8.......       288
  Regulations......................  PL 81-676 Sec 13......       290
  Report...........................  PL 81-676 Sec 7.......       288
  Research.........................  PL 81-676 Sec 11......       290
  Secretary of Commerce............  PL 81-676 Sec 12......       290
  Secretary of State...............  PL 81-676 Sec 4.......       286
  U.S. Commissioner................  PL 81-676 Sec 3.......       286
  Violations.......................  PL 81-676 Sec 5.......       286
WHO. See World Health Organization
Wild Exotic Bird Conservation Act    PL 102-440............       559
 of 1992.
  Appropriations authorization.....  PL 102-440 Sec 116....       568
  Approved species list............  PL 102-440 Sec 106....       562
  Call for information.............  PL 102-440 Sec 109....       565
  Definitions......................  PL 102-440 Sec 104....       560
  Exemptions.......................  PL 102-440 Sec 112....       566
  Exotic bird conservation           PL 102-440 Sec 114....       567
   assistance.
Wild Exotic Bird Conservation Act
 of 1992--Continued
  Findings.........................  PL 102-440 Sec 102....       559
  Marking..........................  PL 102-440 Sec 115....       568
  Moratoria for species not covered  PL 102-440 Sec 108....       564
   by Convention.
  Moratoria on imports of exotic     PL 102-440 Sec 105....       561
   birds covered by Convention.
  Penalties and regulations........  PL 102-440 Sec 113....       566
  Petitions........................  PL 102-440 Sec 110....       565
  Prohibited acts..................  PL 102-440 Sec 111....       565
  Qualifying facilities............  PL 102-440 Sec 107....       564
  Recordkeeping....................  PL 102-440 Sec 115....       568
  Relationship to State law........  PL 102-440 Sec 117....       568
  Statement of purpose.............  PL 102-440 Sec 103....       560
Wildfire protection
  Temporary Emergency Wildfire
   Suppression Act
    Definitions....................  PL 100-428 Sec 2......       591
    Funds..........................  PL 100-428 Sec 4......       592
    Implementation.................  PL 100-428 Sec 3......       591
Wildlife resources
  Alaska National Interests Land     PL 96-487 Sec 1005....       465
   Conservation Act.
  International wildlife resources   PL 98-164 Sec 704.....       677
   conservation.
Wildlife Sanctuary for Humpback      PL 99-630.............       284
 Whales.
World Health Organization
  Participation of Taiwan in the     PL 106-137............      1319
   World Health Organization, 1999.
    Findings.......................  PL 106-137 Sec 1(a)...      1319
    Report.........................  PL 106-137 Sec 1(b)...      1320
  Participation of Taiwan in the     PL 107-10.............      1317
   World Health Organization, 2001.
                                       ....................      1318
    Findings.......................  PL 107-10 Sec 1(a)....      1317
    Plan...........................  PL 107-10 Sec 1(b)....      1318
    Report.........................  PL 107-10 Sec 1(c)....      1318
  Participation of Taiwan in the     PL 108-28.............      1315
   World Health Organization, 2003.
    Findings.......................  PL 108-28 Sec 1(a)....      1315
    Plan...........................  PL 108-28 Sec 1(b)....      1316
    Report.........................  PL 108-28 Sec 1(c)....      1316
 
 
                                    Y
 
Yugoslav Claims Agreement
  International Claims Settlement    PL 81-455 Sec 8.......       856
   Act of 1949.
  Settlement period................  PL 81-455 Sec 6.......       854
Yukon River Salmon Act of 1995.....  PL 104-43.............       231
  Administrative matters...........  PL 104-43 Sec 709.....       234
  Advisory Committee...............  PL 104-43 Sec 705.....       233
  Appropriations authorization.....  PL 104-43 Sec 710.....       234
  Authority and responsibility.....  PL 104-43 Sec 707.....       234
  Continuation of agreement........  PL 104-43 Sec 708.....       234
  Definitions......................  PL 104-43 Sec 703.....       232
  Exemption........................  PL 104-43 Sec 706.....       233
  Panel............................  PL 104-43 Sec 704.....       232
  Purposes.........................  PL 104-43 Sec 702.....       232
Yukon River Salmon Act of 2000.....  PL 106-450............        56
  Administrative matters...........  PL 106-450 Sec 206....        59
  Advisory committee...............  PL 106-450 Sec 203....        58
  Appropriations authorization.....  PL 106-450 Sec 208....        59
  Authority and responsibility.....  PL 106-450 Sec 205....        58
  Exemption........................  PL 106-450 Sec 204....        58
 
Yukon River Salmon Act of 2000--
 Continued
  Stock restoration and enhancement  PL 106-450 Sec 207....        59
   projects.
  Yukon River Salmon Panel.........  PL 106-450 Sec 202....        56
 
 
                                    Z
 
Zebra mussel. See Nonindigenous
 Aquatic Nuisance Prevention and
 Control Act of 1990
 

                                    

      
