[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Pages S3221-S3222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4228. Ms. HIRONO (for herself, Ms. Murkowski, and Ms. Cantwell)
submitted an amendment intended to be proposed by her to the bill S.
2943, to authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title XII, add the following:
SEC. 1277. APPROVAL OF AGREEMENT BETWEEN UNITED STATES AND
REPUBLIC OF PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic
of Palau on September 3, 2010.
(2) Compact.--The term ``Compact'' means the Compact of
Free Association between the Government of the United States
of America and the Government of Palau, as contained in
section 201 of Public Law 99-658 (48 U.S.C. 1931 note).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The agreement and appendices signed by
the United States and the Republic of Palau on September 3,
2010 (referred to in this section as the `Agreement'),
pursuant to section 432 of the Compact, are approved--
``(1) except for the extension of article X of the
Agreement regarding Federal programs and services, concluded
pursuant to article II of title II and section 232 of the
Compact; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau
withdraws more than $5,000,000 from the trust fund
established under section 211(f) of the Compact during fiscal
year 2016, or more than $8,000,000 during fiscal year 2017,
the amounts payable under sections 1,
[[Page S3222]]
2(a), 3, and 4(a) of the Agreement shall be withheld from the
Republic of Palau until the date on which the Republic of
Palau reimburses the trust fund for the total amounts
withdrawn that exceeded $5,000,000 during fiscal year 2016 or
$8,000,000 during fiscal year 2017, as applicable.
``(c) Funding for Certain Provisions.--Not later than 30
days after the date of enactment of this section, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
the Interior such sums as are necessary for the Secretary of
the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of
the Agreement, to remain available until expended, without
any further appropriation.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia $1,500,000 for each of
fiscal years 2017 through 2024, to remain available until
expended; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
(including any successor of such a Federal entity) to carry
out the responsibilities of the Federal entity under section
221(a) of the Compact such sums as are necessary, to remain
available until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact fund.--Section 1 of the Agreement is amended to
read as follows:
``SECTION 1. COMPACT FUND.
``The Government of the United States shall contribute
$30,250,000 to the Fund established under section 211(f) of
the Compact in accordance with the following schedule:
``(1) $20,000,000 for fiscal year 2017.
``(2) $2,000,000 for each of fiscal years 2018 through
2022.
``(3) $250,000 for fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement is amended to read as follows:
``(a) Grant.--
``(1) In general.--The Government of the United States
shall provide a grant in an amount equal to $3,500,000 for
each of fiscal years 2017 through 2024 to create a trust fund
(referred to in this agreement as the `Infrastructure
Maintenance Fund'), to be used for the routine and periodic
maintenance of major capital improvement projects financed
using funds provided by the Government of the United States.
``(2) Contributions by palau.--The Government of Palau
shall match the contributions made by the Government of the
United States by making contributions of $150,000 to the
Infrastructure Maintenance Fund on a quarterly basis during
the period beginning on October 1, 2016, and ending on
September 30, 2024.
``(3) Requirement.--The implementation of this subsection
shall be carried out in accordance with appendix A to this
agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
is amended to read as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``(a) In General.--The Government of the United States
shall provide to the Government of Palau $5,000,000 for each
of fiscal years 2017 and 2018 for deposit in an interest-
bearing account to be used to reduce government arrears of
the Government of Palau.
``(b) Requirement.--The implementation of this section
shall be carried out in accordance with appendix B to this
agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement is amended to read as follows:
``(a) Direct Economic Assistance.--
``(1) In general.--In addition to economic assistance in an
amount equal to $13,147,000 provided to the Government of
Palau by the Government of the United States for each of
fiscal years 2010 through 2016, and unless otherwise
specified in this agreement or an appendix to this agreement,
the Government of the United States shall provide to the
Government of Palau $28,721,000 in economic assistance, as
follows:
``(A) $7,500,000 for fiscal year 2017.
``(B) $6,250,000 for fiscal year 2018.
``(C) $5,000,000 for fiscal year 2019.
``(D) $4,000,000 for fiscal year 2020.
``(E) $3,000,000 for fiscal year 2021.
``(F) $2,000,000 for fiscal year 2022.
``(G) $971,000 for fiscal year 2023.
``(2) Method.--Unless otherwise specified in this agreement
or in an appendix to this agreement, the funds provided for a
fiscal year under this subsection shall be provided in 4
quarterly payments in an amount equal to--
``(A) 30 percent of the total applicable amount during the
first quarter;
``(B) 30 percent of the total applicable amount during the
second quarter;
``(C) 20 percent of the total applicable amount during the
third quarter; and
``(D) 20 percent of the total applicable amount during the
fourth quarter.''.
(5) Infrastructure projects.--Section 5 of the Agreement is
amended to read as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``(a) In General.--The Government of the United States
shall provide to the Government of Palau grants in a total
amount equal to $40,000,000, as follows:
``(1) $8,000,000 for each of fiscal years 2017 through
2019.
``(2) $6,000,000 for fiscal year 2020.
``(3) $5,000,000 for each of fiscal years 2021 and 2022.
``(b) Use.--The Government of Palau shall use each grant
provided under subsection (a) for 1 or more mutually agreed-
upon infrastructure projects, in accordance with appendix C
to this agreement.''.
(d) Passport Requirement.--Section 141 of the Compact is
amended to read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) Admission.--
``(1) In general.--Any person who meets the requirements of
any category described in paragraph (2) may be admitted to,
and lawfully engage in occupations and establish residence as
a nonimmigrant in, the United States and its territories and
possessions, without regard to paragraph (5) or (7)(B)(i)(II)
of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)), subject to the condition that the passport
presented to satisfy paragraph (7)(B)(i)(I) of that section
is a valid, unexpired, machine-readable passport that
satisfies the internationally accepted standard for machine
readability.
``(2) Description of categories.--The categories referred
to in paragraph (1) are the following:
``(A) A person who--
``(i) on September 30, 1994, 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
``(ii) has become, and remains, a citizen of Palau.
``(B) A person who acquires the citizenship of Palau, at
birth, on or after the effective date of the Constitution of
Palau.
``(C) A naturalized citizen of Palau who--
``(i) has been an actual resident of Palau for not less
than 5 years after attaining that naturalization; and
``(ii) holds a certificate of that actual residence.
``(3) Effect of subsection.--Nothing in this subsection--
``(A) confers on a citizen of Palau the right--
``(i) to establish residence necessary for naturalization
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); or
``(ii) to petition for benefits for alien relatives under
that Act; or
``(B) prevents a citizen of Palau from otherwise
acquiring--
``(i) a right described in subparagraph (A); or
``(ii) lawful permanent resident alien status in the United
States.
``(b) Acceptance of Employment.--Any person who meets the
requirements of any category described in subsection (a)(2)
shall be considered to have the permission of the Secretary
of Homeland Security to accept employment in the United
States.
``(c) Establishment of Habitual Residence in Certain
Territories and Possessions.--The right of a person who meets
the requirements of any category described in subsection
(a)(2) to establish habitual residence in a territory or
possession of the United States may be subject to any
nondiscriminatory limitation under any law (including
regulations) of--
``(1) the United States; or
``(2) the applicable territory or possession of the United
States.''.
(e) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ``2009''
and inserting ``2024''.
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