[Congressional Record Volume 153, Number 7 (Friday, January 12, 2007)]
[Senate]
[Pages S510-S511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 283. A bill to amend the Compact of Free Association Amendments 
Act of 2003, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am joined by my colleague, and 
the Ranking Member of the Committee on Energy and Natural Resources, 
Pete Domenici, on the introduction of two bills regarding the insular 
areas affiliated with the United States. The text of both of these 
bills is identical to the text of bills that passed the Senate by 
unanimous consent on September 29, 2006.
  The first bill, ``To Repeal Certain Sections of the Act of May 26, 
1936 Pertaining to the Virgin Islands,'' would repeal sections of a 
1936 law governing local U.S. Virgin Islands tax policy that were 
thought to have been effectively repealed in 1952. That year, Congress 
enacted the Virgin Islands Organic Act to establish local self-
government and to delegate certain local functions, including the 
development and administration of local property taxes, to a newly 
established local government. Notwithstanding this intent, in 2004, a 
Federal court ruled that these sections of the Act of 1936 are still in 
effect.
  The text of the bill introduced today is identical to S. 1829, as 
passed by the Senate four months ago. A hearing was held on that bill 
on October 25, 2005, and it was reported from the Committee on April 
20, 2006. Details on the background, purpose, and need for this 
legislation is available in Senate Hearing 109-291, and in Senate 
Report 109-236.
  The second bill being introduced today, ``To Amend the Compact of 
Free Association Amendments Act of 2003, and For Other Purposes,'' 
would make several relatively minor, clarifying, and technical changes 
to Public Law 108-188 which approved the Compact of Free Association 
between the U.S. and the Marshall Islands, and the Compact between the 
U.S. and Micronesia. The text of this bill is identical to S. 1830, as 
passed by the Senate four months ago. A hearing was held on that bill 
on October 25, 2005, and it was reported from the Committee on April 
20, 2006. Details on the background, purpose, and need for this 
legislation is available in Senate Hearing 109-291, and in Senate 
Report 109-237.
  Although relatively small and remote, the U.S.-affiliated insular 
areas are the home for many U.S. citizens, or for communities with 
which our Nation has special historical and political relationships. 
Maintaining and strengthening these relationships is a particular 
concern of the Committee on Energy and Natural Resources because of its 
jurisdiction over matters relating to the territories and freely 
associated states. It is unfortunate that, last year, Senate passage of 
these bills was delayed leaving insufficient time for enactment. I look 
forward to working with members of the Committee and the Senate on 
their prompt consideration this session, and to their enactment as soon 
as possible.
  Mr. President, I ask unanimous consent that the text of the bills be 
printed in the Record.
  There being no objection, the texts of the bills were ordered to be 
printed in the Record, as follows:

                                 S. 279

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

     SECTION 1. REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN 
                   ISLANDS.

       (a) Repeal.--Sections 1 through 6 of the Act of May 26, 
     1936 (48 U.S.C. 1401 et seq.), are repealed.
       (b) Effective Date.--The amendment made by this section 
     takes effect on July 22, 1954.
                                  ____


                                 S. 283

       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 ``Compacts of Free Association 
     Amendments Act of 2007''

     SEC. 2. APPROVAL OF AGREEMENTS.

       Section 101 of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     before the period at the end the following: ``, including 
     Article X of the Federal Programs and Services Agreement 
     Between the Government of the United States and the 
     Government of the Federated States of Micronesia, as amended 
     under the Agreement to Amend Article X that was signed by 
     those 2 Governments on June 30, 2004, which shall serve as 
     the authority to implement the provisions thereof''; and
       (2) in the first sentence of subsection (b), by inserting 
     before the period at the end the following: ``, including 
     Article X of the Federal Programs and Services Agreement 
     Between the Government of the United States and the 
     Government of the Republic of the Marshall Islands, as 
     amended under the Agreement to Amend Article X that was 
     signed by those 2 Governments on June 18, 2004, which shall 
     serve as the authority to implement the provisions thereof''.

     SEC. 3. CONFORMING AMENDMENT.

       Section 105(f)(1) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) Emergency and disaster assistance.--
       ``(i) In general.--Subject to clause (ii), section 
     221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of 
     the U.S.-RMI Compact shall each be construed and applied in 
     accordance with the 2 Agreements to Amend Article X of the 
     Federal Programs and Service Agreements signed on June 30, 
     2004, and on June 18, 2004, respectively.
       ``(ii) Definition of will provide funding.--In the second 
     sentence of paragraph 12 of each of the Agreements described 
     in clause (i), the term `will provide funding' means will 
     provide funding through a transfer of funds using Standard 
     Form 1151 or a similar document or through an interagency, 
     reimbursable agreement.''.

     SEC. 4. CLARIFICATIONS REGARDING PALAU.

       Section 105(f)(1)(B) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is 
     amended--
       (1) in clause (ii)(II), by striking ``and its territories'' 
     and inserting ``, its territories, and the Republic of 
     Palau'';
       (2) in clause (iii)(II), by striking ``, or the Republic of 
     the Marshall Islands'' and inserting ``, the Republic of the 
     Marshall Islands, or the Republic of Palau''; and
       (3) in clause (ix)--
       (A) by striking ``Republic'' both places it appears and 
     inserting ``government, institutions, and people'';
       (B) by striking ``2007'' and inserting ``2009''; and
       (C) by striking ``was'' and inserting ``were''.

     SEC. 5. AVAILABILITY OF LEGAL SERVICES.

       Section 105(f)(1)(C) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended 
     by inserting before the period at the end the following: ``, 
     which shall also continue to be available to the citizens of 
     the Federated States of Micronesia, the Republic of Palau, 
     and the Republic of the Marshall Islands who legally reside 
     in the United States (including territories and 
     possessions)''.

     SEC. 6. TECHNICAL AMENDMENTS.

       (a) Title I.--
       (1) Section 177 agreement.--Section 103(c)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921b(c)(1)) is amended by striking ``section 177'' and 
     inserting ``Section 177''.
       (2) Interpretation and united states policy.--Section 104 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921c) is amended--
       (A) in subsection (b)(1), by inserting ``the'' before 
     ``U.S.-RMI Compact,'';
       (B) in subsection (e)--
       (i) in the matter preceding subparagraph (A) of paragraph 
     (8) , by striking ``to include'' and inserting ``and 
     include'';
       (ii) in paragraph (9)(A), by inserting a comma after 
     ``may''; and
       (iii) in paragraph (10), by striking ``related to service'' 
     and inserting ``related to such services''; and
       (C) in the first sentence of subsection (j), by inserting 
     ``the'' before ``Interior''.
       (3) Supplemental provisions.--Section 105(b)(1) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921d(b)(1)) is amended by striking ``Trust Fund'' and 
     inserting ``Trust Funds''.
       (b) Title II.--
       (1) U.S.-fsm compact.--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 (as provided in section 201(a) of the Compact of 
     Free Association Amendments Act of 2003 (117 Stat. 2757)) is 
     amended--
       (A) in section 174--
       (i) in subsection (a), by striking ``courts'' and inserting 
     ``court''; and
       (ii) in subsection (b)(2), by striking ``the'' before 
     ``November'';
       (B) in section 177(a), by striking ``, or Palau'' and 
     inserting ``(or Palau)'';
       (C) in section 179(b), strike ``amended Compact'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the fourth sentence of subsection (a), by striking 
     ``Compact, as Amended, of Free Association'' and inserting 
     ``Compact of Free Association, as amended'';
       (ii) in the fifth sentence of subsection (a), by striking 
     ``Trust Fund Agreement,'' and inserting ``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),'';

[[Page S511]]

       (iii) in subsection (b)--

       (I) in the first sentence, by striking ``Government of 
     the'' before ``Federated''; and
       (II) in the second sentence, by striking ``Sections 321 and 
     323 of the Compact of Free Association, as Amended'' and 
     inserting ``Sections 211(b), 321, and 323 of the Compact of 
     Free Association, as amended,''; and

       (iv) in the last sentence of subsection (d), by inserting 
     before the period at the end the following: ``and the Federal 
     Programs and Services Agreement referred to in section 231'';
       (E) in the first sentence of section 215(b), by striking 
     ``subsection(a)'' and inserting ``subsection (a)'';
       (F) in section 221--
       (i) in subsection (a)(6), by inserting ``(Federal Emergency 
     Management Agency)'' after ``Homeland Security''; and
       (ii) in the first sentence of subsection (c), by striking 
     ``agreements'' and inserting ``agreement'';
       (G) in the second sentence of section 222, by inserting 
     ``in'' after ``referred to'';
       (H) in the second sentence of section 232, by striking 
     ``sections 102 (c)'' and all that follows through ``January 
     14, 1986)'' and inserting ``section 102(b) of Public Law 108-
     188, 117 Stat. 2726, December 17, 2003'';
       (I) in the second sentence of section 252, by inserting ``, 
     as amended,'' after ``Compact'';
       (J) in the first sentence of the first undesignated 
     paragraph of section 341, by striking ``Section 141'' and 
     inserting ``section 141'';
       (K) in section 342--
       (i) in subsection (a), by striking ``14 U.S.C. 195'' and 
     inserting ``section 195 of title 14, United States Code''; 
     and
       (ii) in subsection (b)--

       (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting 
     ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 
     U.S.C. 1295b(b)(6))''; and
       (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting 
     ``section 1303(b)(6)(C) of that Act'';

       (L) in the third sentence of section 354(a), by striking 
     ``section 442 and 452'' and inserting ``sections 442 and 
     452'';
       (M) in section 461(h), by striking ``Telecommunications'' 
     and inserting ``Telecommunication'';
       (N) in section 462(b)(4), by striking ``of Free 
     Association'' the second place it appears; and
       (O) in section 463(b), by striking ``Articles IV'' and 
     inserting ``Article IV''.
       (2) U.S.-rmi compact.--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 (as provided in section 201(b) of the Compact of Free 
     Association Amendments Act of 2003 (117 Stat. 2795)) is 
     amended--
       (A) in section 174(a), by striking ``court'' and inserting 
     ``courts'';
       (B) in section 177(a), by striking the comma before ``(or 
     Palau)'';
       (C) in section 179(b), by striking ``amended Compact,'' and 
     inserting ``Compact, as amended,'';
       (D) in section 211--
       (i) in the fourth sentence of subsection (a), by striking 
     ``Compact, as Amended, of Free Association'' and inserting 
     ``Compact of Free Association, as amended``;
       (ii) in the first sentence of subsection (b), by striking 
     ``Agreement between the Government of the United States and 
     the Government of the Republic of the Marshall Islands 
     Regarding Miliary Use and Operating Rights'' and inserting 
     ``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 (Agreement 
     between the Government of the United States and the 
     Government of the Republic of the Marshall Islands Regarding 
     Military Use and Operating Rights)''; and
       (iii) in the last sentence of subsection (e), by inserting 
     before the period at the end the following: ``and the Federal 
     Programs and Services Agreement referred to in section 231'';
       (E) in section 221(a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Section 231'' and inserting ``section 231''; and
       (ii) in paragraph (5), by inserting ``(Federal Emergency 
     Management Agency)'' after ``Homeland Security'';
       (F) in the second sentence of section 232, by striking 
     ``sections 103(m)'' and all that follows through ``(January 
     14, 1986)'' and inserting ``section 103(k) of Public Law 108-
     188, 117 Stat. 2734, December 17, 2003'';
       (G) in the first sentence of section 341, by striking 
     ``Section 141'' and inserting ``section 141'';
       (H) in section 342--
       (i) in subsection (a), by striking ``14 U.S.C. 195'' and 
     inserting ``section 195 of title 14, United States Code''; 
     and
       (ii) in subsection (b)--

       (I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting 
     ``section 1303(b)(6) of the Merchant Marine Act, 1936 (46 
     U.S.C. 1295b(b)(6))''; and
       (II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting 
     ``section 1303(b)(6)(C) of that Act'';

       (I) in the third sentence of section 354(a), by striking 
     ``section 442 and 452'' and inserting ``sections 442 and 
     452'';
       (J) in the first sentence of section 443, by inserting ``, 
     as amended.'' after ``the Compact'';
       (K) in the matter preceding paragraph (1) of section 
     461(h)--
       (i) by striking ``1978'' and inserting ``1998''; and
       (ii) by striking ``Telecommunications'' and inserting 
     ``Telecommunication Union''; and
       (L) in section 463(b), by striking ``Article'' and 
     inserting ``Articles''.

     SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

       Section 111(e)(2) of title 17, United States Code, is 
     amended by striking ``or the Trust Territory of the Pacific 
     Islands'' and inserting ``the Federated States of Micronesia, 
     the Republic of Palau, or the Republic of the Marshall 
     Islands''.

     SEC. 8. PALAU ROAD MAINTENANCE.

       The Government of the Republic of Palau may deposit the 
     payment otherwise payable to the Government of the United 
     States under section 111 of Public Law 101-219 (48 U.S.C. 
     1960) into a trust fund if--
       (1) the earnings of the trust fund are expended solely for 
     maintenance of the road system constructed pursuant to 
     section 212 of the Compact of Free Association between the 
     Government of the United States of America and the Government 
     of Palau (48 U.S.C. 1931 note); and
       (2) the trust fund is established and operated pursuant to 
     an agreement entered into between the Government of the 
     United States and the Government of the Republic of Palau.

     SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.

       In the U.S.-RMI Compact, the U.S.-FSM Compact, and their 
     respective trust fund subsidiary agreements, for the purposes 
     of taxation by the United States or its subsidiary 
     jurisdictions, the term ``State'' means ``State, territory, 
     or the District of Columbia''.
                                 ______