[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2085 Reported in House (RH)]
<DOC>
Union Calendar No. 860
115th CONGRESS
2d Session
H. R. 2085
[Report No. 115-1039, Part I]
To approve an agreement between the United States and the Republic of
Palau, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2017
Mr. Sablan (for himself and Ms. Bordallo) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Foreign Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
November 20, 2018
Reported from the Committee on Natural Resources
November 20, 2018
Referral to the Committee on Foreign Affairs extended for a period
ending not later than December 28, 2018
December 28, 2018
Committee on Foreign Affairs discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To approve an agreement between the United States and the Republic of
Palau, 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. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE
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 of free association.--The term ``Compact of
Free Association'' means 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; Public Law 99-658).
(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'), in connection with section 432
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;
Public Law 99-658) (referred to in this section as the `Compact of Free
Association'), are approved--
``(1) except for the extension of Article X of the
Agreement Regarding Federal Programs and Services, and
Concluded Pursuant to Article II of Title II and section 232 of
the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $9,000,000 from the trust fund established under section
211(f) of the Compact of Free Association in fiscal year 2018, amounts
payable under sections 1, 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 $9,000,000 in that fiscal year, except that
funds to be provided under section 3 of the Agreement may be released
to replenish the 211(f) Fund if an arrangement had been made between
the United States and the Republic of Palau to advance funds during
such fiscal year from the 211(f) Fund for the purposes allowable under
section 3 of the Agreement.
``(c) Funding for Certain Provisions Under Section 105 of Compact
of Free Association.--Not later than 30 days after the date of the
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), 5,
and 6 of the Agreement, which sums shall remain available until
expended without any further appropriation.
``(d) Authorizations 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 2018 through 2024, to remain available until
expended but may be available pursuant to this paragraph to the
United States Postal Service only so long as domestic postage
may be used for mail to Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
of Free Association (including the successor of each Federal
entity) to carry out the responsibilities of the Federal entity
under section 221(a) of the Compact of Free Association 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 section 211(f) fund.--Section 1 of the
Agreement shall be construed as though the section reads as
follows:
``SEC. 1. COMPACT SECTION 211(F) FUND.
``The Government of the United States shall contribute $30,250,000
to the Fund referred to in section 211(f) of the Compact in accordance
with the following schedule:
``(1) $22,000,000 in fiscal year 2018.
``(2) $2,000,000 in each of fiscal years 2019 through 2022.
``(3) $250,000 in fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement shall be construed as though the
subsection reads as follows:
``(a) The Government of the United States shall provide a grant of
$16,000,000 in fiscal year 2018, representing the amounts to have been
provided by the United States in fiscal years 2011 through 2017 under
section 2(a) of the Agreement, and a grant of $2,000,000 annually from
the beginning of fiscal year 2019 through fiscal year 2024 to create a
trust fund, to be known as the `Infrastructure Maintenance Fund', to be
used for the routine and periodic maintenance of major capital
improvement projects financed by funds provided by the United States.
The Government of the Republic of Palau shall match the contributions
made by the United States by making contributions of $150,000 to the
Infrastructure Maintenance Fund on a quarterly basis from the beginning
of fiscal year 2018 through fiscal year 2024. Implementation of this
subsection shall be carried out in accordance with the provisions of
Appendix A of this Agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``The Government of the United States shall provide the Government
of Palau $10,000,000 in fiscal year 2018 for deposit in an interest
bearing account to be used to reduce government arrears of Palau.
Implementation of this section shall be carried out in accordance with
the provisions of Appendix B of this Agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement shall be construed as though the subsection
reads as follows:
``(a) In addition to the economic assistance of $13,147,000
provided to the Government of Palau by the Government of the United
States in each of fiscal years 2010, 2011, 2012, 2013, 2014, 2015,
2016, and 2017, and unless otherwise specified in this Agreement or in
an Appendix of this Agreement, the Government of the United States
shall provide the Government of Palau $27,250,000 in economic
assistance as follows:
``(1) $7,250,000 in fiscal year 2018.
``(2) $6,000,000 in fiscal year 2019.
``(3) $5,000,000 in fiscal year 2020.
``(4) $4,000,000 in fiscal year 2021.
``(5) $3,000,000 in fiscal year 2022.
``(6) $2,000,000 in fiscal year 2023.
The funds provided in any fiscal year under this subsection for
economic assistance shall be provided in 4 quarterly payments (30
percent in the first quarter, 30 percent in the second quarter, 20
percent in the third quarter, and 20 percent in the fourth quarter)
unless otherwise specified in this Agreement or in an Appendix of this
Agreement.''.
(5) Infrastructure projects.--Section 5 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``The Government of the United States shall provide in fiscal year
2018, $40,000,000 to the Government of Palau towards one or more
mutually agreed infrastructure projects in accordance with the
provisions of Appendix C to this Agreement.''.
(d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''.
(e) Audit; Full Faith and Credit; Inflation Adjustment.--The
Secretary of the Interior shall fund the amounts necessary to conduct
the audits required by section 6 and Appendix D of the Agreement.
Section 236 of the Compact applies to the commitments of the United
States under sections 1, 2(a), 3, 4(a), and 5 of the Agreement, and to
the amounts necessary to conduct such audits, to the same extent as
section 236 applies to the Compact. Section 215 of the Compact shall be
applied to such commitments and amounts by substituting ``2010'' for
``1981''.
(f) Passport Requirement.--Section 141 of Article IV of Title One
of the Compact of Free Association shall be construed and applied as if
it read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) In General.--An individual in one of 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 without regard to paragraphs (5) or (7)(B)(i)(II) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5) or (a)(7)(B)(i)(II)), if the passport presented to satisfy
section 212(a)(7)(B)(i)(I) of such Act is a valid, unexpired, machine-
readable passport that satisfies the internationally accepted standard
for machine readability:
``(1) An individual who, 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 has become and remains a citizen of Palau.
``(2) An individual who acquires the citizenship of Palau,
at birth, on or after the effective date of the Constitution of
Palau.
``(3) A naturalized citizen of Palau, who has been an
actual resident of Palau for not less than five years after
attaining such naturalization and who holds a certificate of
actual residence.
``(b) Employment.--An individual in one of the categories in
paragraphs (1) through (3) of subsection (a) shall be considered to
have the permission of the Secretary of Homeland Security of the United
States to accept employment in the United States.
``(c) Habitual Residence.--The right of an individual in one of the
categories in paragraphs (1) through (3) of subsection (a) to establish
habitual residence in a territory or possession of the United States
may be subjected to non-discriminatory limitations provided for--
``(1) in statutes or regulations of the United States; and
``(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.
``(d) Clarification.--Subsection (a)--
``(1) 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; and
``(2) shall not prevent a citizen of Palau from otherwise
acquiring such rights or lawful permanent resident alien status
in the United States.''.
Union Calendar No. 860
115th CONGRESS
2d Session
H. R. 2085
[Report No. 115-1039, Part I]
_______________________________________________________________________
A BILL
To approve an agreement between the United States and the Republic of
Palau, and for other purposes.
_______________________________________________________________________
December 28, 2018
Committee on Foreign Affairs discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed