Legislation on Foreign Relations Through 2005

[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
.................................................

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

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\
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\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).
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(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\
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\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''.
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(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.
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\18\ Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added para. (7).
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(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''.
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(4) to permit foreign fishing consistent with the
provisions of this Act; \22\
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\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).
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(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\
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\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).
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(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--
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\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\
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\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''.
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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.
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\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.
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(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.
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\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.
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(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''.
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(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.''.
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(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''.
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(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.
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\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).
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(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.
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\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).
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(28) \39\ The term ``optimum'', with respect to the
yield from a fishery, means the amount of fish which--
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\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.
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\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.
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(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.
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\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.
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(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.
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\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.
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(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.
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\44\ Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras.
(25) and (26), since redesignated as paras. (41) and (42).
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(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\
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\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--
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\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).
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(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)).
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\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).
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(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.
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\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).
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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\
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\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\
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\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).
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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''.
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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.
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\56\ 16 U.S.C. 1813.
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SEC. 104.\57\ EFFECTIVE DATE.

This title shall take effect March 1, 1977.
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\57\ 16 U.S.C. 1811 note.
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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--
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\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''.
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(1) \62\ is authorized under subsections (b) or (c)
or section 204(e), or under a permit issued under
section 204(d);
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\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;
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\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)''.
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(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).
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\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.
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\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.
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\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--
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``(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.
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\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''.
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(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--
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\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.
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\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).
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(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--
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\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\
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\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''.
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(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.''.
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(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''.
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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.
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\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''.
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(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''.
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(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)''.
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(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''.
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(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\
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\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''.
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(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:
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\124\ Sec. 105(d)(1) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
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(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\
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\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''.
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(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.
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\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)''.
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(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\
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\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.
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(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.--
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\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).
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(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]
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\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).
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(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.--
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\131\ Sec. 105(d)(4) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) added subsecs. (d) and (e).
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(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--
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\132\ 16 U.S.C. 1825.
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(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;
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\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''.
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(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''.
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\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.).
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(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--
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\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:
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``(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;''.
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\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--
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(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;

(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--
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\3\ 30 U.S.C. 1402.
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(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.
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(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--
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\5\ 30 U.S.C. 1411.
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(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.
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\6\ 30 U.S.C. 1412.
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(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.).
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\8\ Sec. 14102(c)(2)(E) of Public Law 107-273 (116 Stat. 1921)
struck out ``77'' and inserted in lieu thereof ``76''.
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(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.
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\9\ 30 U.S.C. 1414.
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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--
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\10\ 30 U.S.C. 1415.
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(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.
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\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.''.
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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.
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\12\ 30 U.S.C. 1416.
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(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.
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\13\ 30 U.S.C. 1417.
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(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.
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\14\ 30 U.S.C. 1418.
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(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).
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\15\ 30 U.S.C. 1419.
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(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.
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\16\ 30 U.S.C. 1420.
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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.
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\17\ 30 U.S.C. 1421.
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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.
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\18\ 30 U.S.C. 1422.
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(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.
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\19\ 30 U.S.C. 1423.
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(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--
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\20\ 30 U.S.C. 1424.
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(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--
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\21\ 30 U.S.C. 1425.
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(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:
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\22\ 30 U.S.C. 1426.
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(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--
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\25\ 30 U.S.C. 1441.
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(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.
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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\
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\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\
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\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.
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(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;

(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.''.
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(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).
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(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)''.
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(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,''.
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(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.
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\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''.
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(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\
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\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\
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\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.
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(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\ * * *
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\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.
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(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).
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\79\ 33 U.S.C. 1911.
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Sec. 16.\80\ * * *
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\80\ Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c)).
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Sec. 17.\81\ Any action taken under this Act shall be taken
in accordance with international law.
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\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.
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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.
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\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.
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(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.
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\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.
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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.
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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.
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(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.
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(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.
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\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''.
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(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.
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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.
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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\
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\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).
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(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\
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\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.
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(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).
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(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.
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(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.
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(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]
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\10\ Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86
Stat. 784).
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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.
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\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''.
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(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.
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\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.
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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.
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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.
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\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.''
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(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.
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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
---------------------------------------------------------------------------

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.
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\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.
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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.
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\16\ 16 U.S.C. 971c.
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(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.
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\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''.
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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\
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\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--
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``(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.''.
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\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.
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(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.
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\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).
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(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\
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\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''.
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(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\
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\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).
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(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.
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\24\ Sec. 305(2) of Public Law 104-43 (109 Stat. 385) inserted ``or
fishing mortality level''.
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(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.--
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\25\ Sec. 305(3) of Public Law 104-43 (109 Stat. 385) added new
paras. (6) and (7).
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(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\
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\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).
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(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.
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\27\ Sec. 207 of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4461) amended and restated subsec. (d).
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(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.
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\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''.
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(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--
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\31\ 16 U.S.C. 971f.
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(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:
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\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.
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(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.
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(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''.
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(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.
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(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.
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(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.
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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.
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\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.
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\45\ 16 U.S.C. 1826g.
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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.
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\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.
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\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:
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\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.
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(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.
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\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.
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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).
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(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--
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\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.
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\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).
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(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--
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\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.
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\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.
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\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.
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SEC. 2.\2\ FINDINGS AND POLICY.

(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 16 U.S.C. 1826a note.
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(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.
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\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.''.
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(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.
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\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. * * *
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\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.
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\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''.
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(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

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.''.
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(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.
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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.
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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;

(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.''.
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(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

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.
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(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--
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\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.
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\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

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''.
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\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.
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\2\ 15 U.S.C. 1511b.
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(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.
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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''.
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(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.
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\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).
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(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\
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\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--
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\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).
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(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]
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\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).
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(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).
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(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.
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\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.''.
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(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.
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\13\ Sec. 2(5) of Public Law 95-632 (92 Stat. 3752) amended and
restated para. (16), as redesignated.
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(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;
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\15\ Sec. 5 of Public Law 96-159 (93 Stat. 1228) inserted the
reference to plants.
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(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]
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\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.
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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;

(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.
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(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\
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\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.
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\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--
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\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.
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(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.

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:
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\22\ 16 U.S.C. 1371.
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(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.
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\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).
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(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.
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\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.
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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\
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\27\ Sec. 4(a) of Public Law 100-711 (102 Stat. 4765) struck out
``and'' which previously appeared at this point.
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(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--
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\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).
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(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--
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\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.
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(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\
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\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,''.
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(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.
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\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.
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(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).
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(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.
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(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
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\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)''.
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(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.
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\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).
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(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--
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\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.''.
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(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).
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(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.
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\49\ Sec. 319(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1434) added subsec.
(f).
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(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--
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\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''.
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(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
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\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''.
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(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;
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\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).
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(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--''.
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(A) \56\ that is taken in violation of this
Act; or
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\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--
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\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
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\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.
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(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.
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\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).
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(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--
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(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;

(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.
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\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.
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\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\

* * * * * * *
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\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\
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\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.
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Sec. 2.\5\ If--
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\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).''.
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(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;
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\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.
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(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
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\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.''.
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(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\
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\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.
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(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.
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\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.
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(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.
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\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''.
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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\
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\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.
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Sec. 5.\15\ (a) The Secretary of State shall--
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\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.
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(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;
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\16\ Sec. 302(b) of Public Law 98-364 (98 Stat. 444) struck out
``Secretary of the Treasury'' and inserted in lieu thereof ``him''.
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(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.
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\17\ Executive Order 11772 (March 21, 1974; 39 F.R. 10879) provided
the following:
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``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).
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Sec. 6.\18\ There are authorized to be appropriated such
amounts as may be necessary to carry out the provisions of this
Act.
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\18\ 22 U.S.C. 1976.
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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--
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\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:
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``sec. 5502. treatment of certain seized fishing vessels under fishermen's
protective act of 1967.
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``(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:
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``(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.
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\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''.
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(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.
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\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.''.
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(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.
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\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).
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(f) For the purposes of this section--
(1) the term ``Secretary'' means the Secretary of
State.\25\
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\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''.
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(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.
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\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).
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(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--
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\28\ Sec. 3(b) of Public Law 96-61 (93 Stat. 408) added para. (3).
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(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\
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\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)''.
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\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).
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(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.
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\36\ Sec. 2(5)(B) of Public Law 95-376 (92 Stat. 714) inserted ``or
other conveyance''.
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(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.
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\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''.
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(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.
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\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.
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(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.
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\40\ Sec. 201(b)(1) of Public Law 102-582 (106 Stat. 4904) amended
and restated para. (2).
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(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\
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\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''.
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(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.
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\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).
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(5) \46\ The term ``taking'', as used with respect to
animals to which an international program for
endangered or threatened species applies, means to--
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\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).
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(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.
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\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''.
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Sec. 10.\49\ (a) For purposes of this section--
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\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.''.
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(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).
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\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.''.
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(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.
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\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--
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\53\ Sec. 241(2)(A) of Public Law 96-561 (94 Stat. 3301) inserted
``and for any resulting economic loss''.
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(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
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\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.''.
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(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.
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\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.''.
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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--
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\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,''.
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(2) \59\ The amount of compensation awarded to any vessel
owner under this section shall be--
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\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--
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``(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.
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\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.''
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(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.
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(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''.
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(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''.
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(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''.
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(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.''.
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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\
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\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.
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* * * * * * *

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.
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* * * * * * *
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.
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\10\ 42 U.S.C. 6271.
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(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\
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\11\ 15 U.S.C. 753.
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(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.
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\12\ 30 U.S.C. 185.
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(e) \13\ No rule under this section may be put into effect
unless--
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\13\ Sec. 2(b)(1) of the Energy Emergency Preparedness Act of 1982
(Public Law 97-229; 96 Stat. 248) added subsec. (e).
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(1) an international energy supply emergency, as
defined in the first sentence of section 252(k)(1),\14\
is in effect; and
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\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)''.
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(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--
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\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.
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(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''.
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(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\
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\18\ Sec. 691(a) of Public Law 95-619 (92 Stat. 3288) struck out
``Administrator'' and inserted in lieu thereof ``Secretary''.
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(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\
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\19\ Sec. 2 of Public Law 96-133 (93 Stat. 1053) added this
sentence.
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(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\
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\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''.
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(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.
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\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.
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\22\ Sec. 1(4)(D) of Public Law 105-177 (112 Stat. 105) inserted
``voluntary agreement or''.
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(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.''.
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(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.
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\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''.
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(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.
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\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.
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(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--
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\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.''.
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(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.
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\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.''.
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(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).
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(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.
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\29\ 42 U.S.C. 6273.
\30\ 15 U.S.C. 776.
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(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\
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\31\ 5 U.S.C. App. 1.
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(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.
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\32\ 42 U.S.C. 6274.
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(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.
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\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 * *
*''.
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\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),''.
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(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).
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(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.''
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\1\ 16 U.S.C. 3101 note.
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* * * * * * *

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.
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(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''.
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\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.''.
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(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--
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\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]
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\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.
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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.
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\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).
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(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]

* * * * * * *
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\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.
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(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.
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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.

``(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.
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``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''.
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(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.
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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''.
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\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.''.
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(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:
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\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''.
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(1) The Deputy Under Secretary of Defense for Science
and Technology.\4\
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\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''.
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(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.
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(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\
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\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''.
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(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).
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(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).
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(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''.
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(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\
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\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;''.
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(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).
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\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.''.
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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.
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\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,''.
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(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\
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\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\
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\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''.
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(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,
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\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.
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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--
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\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.
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(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:
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\4\ 22 U.S.C. 286ll. Sec. 1002 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3357) added sec. 59.
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(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,
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\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.
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\2\ Sec. 1361(a) of Public Law 97-35 (95 Stat. 745) added sec. 1.
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* * * * * * *

TITLE XIII--THE ENVIRONMENT \3\

Sec. 1301.\4\ The Congress finds that--
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\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.
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(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.
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\5\ 22 U.S.C. 262m-1.
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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.
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\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).
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(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.
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\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.
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(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.
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\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.
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(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).''.
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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--
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``(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.
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\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).
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* * * * * * *

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.
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\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. * * *
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\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

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.
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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.
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* * * * * * *
(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).
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(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\
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\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\
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\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.
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(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.
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\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''.
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(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.
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\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).
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(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--
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\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''.
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(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).
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(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\
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\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;''.
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(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;
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\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).
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\36\ Sec. 305(a) of Public Law 104-264 (110 Stat. 3252)
redesignated para. (3) as para. (4), and added a new para. (3).
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(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.
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\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''.
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(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)
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\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.
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\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).
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(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.
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\42\ Sec. 108(a) of the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 611) added secs. 44919 and 44920.
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(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\
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\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))''.
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(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--
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\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''.
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(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--
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\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''.
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(i) individuals who are \61\ responsible for
screening passengers or property under section 44901 of
this title;
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\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''.
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(ii) supervisors of the individuals described in
clause (i); \62\
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\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).
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(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\
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\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.''.
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(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.
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\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''.
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(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.
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\67\ Sec. 306 of Public Law 104-264 (110 Stat. 3252) added para.
(3).
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(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--
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\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''.
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(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--
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\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)''.
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(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;
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\70\ Sec. 2(d)(2) of the Airport Security Improvement Act of 2000
(Public Law 106-528; 114 Stat. 2518) inserted ``or felony unarmed''.
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(xii) distribution of, or intent to
distribute, a controlled substance; \71\
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\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).
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(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\
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\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)''.
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(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.
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\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''.
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(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\
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\74\ Sec. 138(a)(14) of the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 640) added this sentence.
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(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\
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\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.
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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.
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\76\ Sec. 6(57) of Public Law 103-429 (108 Stat. 4385) struck out
``44906(a) or (b)'' and inserted in lieu thereof ``44906''.
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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--
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\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''.
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(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--
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\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''.
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(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\
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\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.''.
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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--
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\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.''.
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(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.-- * * *
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\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.

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).
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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.
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\14\ 42 U.S.C. 14733.
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(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--
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\15\ 42 U.S.C. 14734.
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(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--
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\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''.
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(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--
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\17\ 42 U.S.C. 14735.
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(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.
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\1\ 42 U.S.C. 2471 note.
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* * * * * * *

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.
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\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.
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effective date

Sec. 6.\3\ The provisions of this Act are effective as of
October 1, 1989.
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\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.
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* * * * * * *

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.
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(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.
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(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--
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\4\ 22 U.S.C. 5873.
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(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.
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\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.
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* * * * * * *
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;
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\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]
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\2\ Sec. 4(f) of Executive Order 12869 (58 F.R. 51752; September
30, 1993) revoked sec. 5.
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Sec. 6.\3\ Microgravity Research Board. * * *
---------------------------------------------------------------------------
\3\ Sec. 6 amended Executive Order 12660.
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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'').
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\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).
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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).
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(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

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\
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\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.
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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.
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\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.
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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.
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\14\ 22 U.S.C. 1928c.
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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\
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\15\ 22 U.S.C. 1928d.
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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.
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\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\
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\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: * * *
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``(8) Section 3 of the International Claims Settlement Act of 1949 (22
U.S.C. 1622).''.
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\7\ H.R. 6200 is the Supplemental Appropriation Act, 1954, Act of
August 7, 1953 (67 Stat. 418).
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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\
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\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 . .
. ''.
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(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.
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\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.''.
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(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.
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\11\ Public Law 99-451 (100 Stat. 1138) added subsec. (k).
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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.
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\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;''.
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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.
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(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.
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\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''.
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(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;
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\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''.
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(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;
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\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''.
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(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.
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\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--
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\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--''.
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(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:
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\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),''.
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(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:
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\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.
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\27\ Sec. 142 of Public Law 100-204 (101 Stat. 1350) added subsec.
(g).
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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.
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\28\ 22 U.S.C. 1621 note.
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TITLE II \29\

vesting and liquidation of bulgarian, hungarian, and rumanian property

Sec. 201.\30\ As used in this title the term--
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\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.
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(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.
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\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.
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\34\ 22 U.S.C. 1631b. Sec. 3 of Public Law 84-285 (69 Stat. 562)
added sec. 203.
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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.
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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.
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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.
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\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''.
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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.
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\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.''.
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(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.
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\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.''.
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(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.
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(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.
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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.
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\46\ 22 U.S.C. 1631j. Sec. 3 of Public Law 84-285 (69 Stat. 568)
added sec. 211.
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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.
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\47\ 22 U.S.C. 1631k. Sec. 3 of Public Law 84-285 (69 Stat. 569)
added sec. 212.
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(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--
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\48\ 22 U.S.C. 1631l. Sec. 3 of Public Law 84-285 (69 Stat. 570)
added sec. 213.
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(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.
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\49\ 22 U.S.C. 1631m. Sec. 3 of Public Law 84-285 (69 Stat. 570)
added sec. 214.
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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.
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\50\ 22 U.S.C. 1631n. Sec. 3 of Public Law 84-285 (69 Stat. 570)
added sec. 215.
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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.
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\51\ 22 U.S.C. 1631o. Sec. 1(7) of Public Law 90-421 (82 Stat. 421)
added sec. 216.
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(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--
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\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.
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(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.
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\54\ 61 Stat., pt. 2.
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(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\
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\55\ 22 U.S.C. 1622 note.
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(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.
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\56\ 22 U.S.C. 1641a. Sec. 3 of Public Law 84-285 (69 Stat. 571)
added sec. 302.
\57\ 61 Stat. 3962.
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(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.
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\58\ Sec. 8 of Public Law 90-421 (82 Stat. 422) added subsec. (b).
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(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\
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\59\ Sec. 1(1) of Public Law 93-460 (88 Stat. 1386) added subsec.
(c).
\60\ TIAS 7569; 24 UST 522.
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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;
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\62\ 61 Stat. pt. 2.
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(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
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\63\ Sec. 10 of Public Law 90-421 (82 Stat. 422) added para. (4).
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(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\
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\64\ Sec. 1(3) of Public Law 93-460 (88 Stat. 1386) added para.
(5).
\65\ 61 Stat. 3902.
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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\
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\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.
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(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.
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\68\ Sec. 11 of Public Law 90-421 (82 Stat. 422) added subsecs. (b)
through (f).
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(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.
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\71\ Sec. 12 of Public Law 90-421 (82 Stat. 423) added subsec. (b).
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(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).
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(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.
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\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.
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\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\
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\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.''.
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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.
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\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.
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\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.
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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.
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\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.
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\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.
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\90\ 22 U.S.C. 1641q. Sec. 3 of Public Law 84-285 (69 Stat. 574)
added sec. 318.
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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.
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\2\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
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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
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\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--
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\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:
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``(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.
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\3\ The Commission terminated on August 3, 1976.
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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.''.
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(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.
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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.
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\3\ 48 U.S.C. 1921.
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(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.
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\4\ 48 U.S.C. 1921a.
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(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.
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\5\ 48 U.S.C. 1921b.
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(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.
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\6\ 48 U.S.C. 1921c.
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(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).
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\7\ 48 U.S.C. 1921d.
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(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.
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(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.
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\9\ 48 U.S.C. 1921f.
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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.
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\10\ 48 U.S.C. 1921g.
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(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.
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\11\ 48 U.S.C. 1921h.
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(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,''.
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\12\ 5 U.S.C. 3101 note.
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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.
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(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.
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\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.
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\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:
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\5\ 48 U.S.C. 1903.
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(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.
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\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 * * * )''.
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(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--
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\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''.
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(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:
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\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.).
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\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.''.
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(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.
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(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.
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\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''.
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(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.
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\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.''.
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(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.

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.
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(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.
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(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.
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\18\ 48 U.S.C. 1909.
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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.
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(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.
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\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.
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* * * * * * *

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.
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\22\ 48 U.S.C. 1912.
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(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.
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* * * * * * *

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.
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\28\ 48 U.S.C. 1901 note.
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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\

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\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.
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\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.
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\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''.
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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

the united states of america

_______________

done at ____________, this ____ day

of __, one thousand nine hundred eighty-five

for the government

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.''.
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(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\
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\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.
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Section 1.\3\ Definitions.\4\--Used in and for the purposes
of this Act--
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\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.
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(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).
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(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;
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\8\ The Act of April 29, 1942 (56 Stat. 248) added subsecs. (d)
through (n).
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(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]
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\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;''.
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(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\
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\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.
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(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.
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(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''.
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(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\
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\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.''.
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(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:
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\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.
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(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).
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(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;
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\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;
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\20\ The Act of July 4, 1966 (80 Stat. 244, 245-246) amended and
restated para. (7).
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(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;
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\21\ Public Law 94-283 (90 Stat. 496) repealed sec. 613.
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(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.
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\22\ Public Law 77-352 (56 Stat. 248) amended and restated subsecs.
(b), (d), and (e).
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(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\
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\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''.
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(f) \24\ The Attorney General may, by regulation, provide
for the exemption--
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\24\ The Act of July 4, 1966 (80 Stat. 244, 246) added subsec. (f).
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(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:
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\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.
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(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;
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\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.
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(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\
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\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).
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(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\
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\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.''.
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(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''.
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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\
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\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''.
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(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\
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\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''.
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(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\
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\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.
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\43\ The Act of July 4, 1966 (80 Stat. 244 at 247) added subsecs.
(e) and (f).
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(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.
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\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''.
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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.
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\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''.
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(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.
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\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''.
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(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.
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\50\ Sec. 9(7)(C) of Public Law 104-65 (109 Stat. 700) struck out
``copies of political propaganda,'' after ``or parts thereof,''.
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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.
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\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.
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Sec. 8.\52\ Enforcement and Penalties.--(a) Any person
who--
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\52\ 22 U.S.C. 618. The Act of April 29, 1942 (56 Stat. 248) added
sec. 8.
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(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\
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\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''.
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(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\
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\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.''.
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(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.''.
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(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.
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\58\ The Act of September 23, 1950 (64 Stat. 1005) added subsec.
(e).
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(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\
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\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.
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(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\
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\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.
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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.
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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.
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\66\ 22 U.S.C. 611 note.
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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.
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\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
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``Sec. 319. (a) Prohibition.--It shall be unlawful for--
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``(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.
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``(b) `Foreign national' defined.--As used in this section, the
term `foreign national' means--
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``(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.''.
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\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.
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(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.
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\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.
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\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''.
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(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--
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\3\ Sec. 703 of Public Law 99-569 (100 Stat. 3205) added subsec.
(e).
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(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
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\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''.
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(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.
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\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.
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\1\ 22 U.S.C. 441.
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(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]
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\2\ Public Law 77-294 (55 Stat. 764) repealed sec. 2, which
concerned commerce with states engaged in armed conflict.
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Sec. 3.\3\ * * * [Repealed--1941]
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\3\ Public Law 77-294 (55 Stat. 764) repealed sec. 3, which related
to combat areas.
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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.
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\4\ 22 U.S.C. 444. Public Resolution 76-87 (54 Stat. 611) amended
and restated subsec. (a).
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(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.
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\5\ Public Law 76-776 (54 Stat. 866) added subsec. (b).
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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.
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\6\ 22 U.S.C. 445.
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(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]
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\7\ Public Law 77-294 (55 Stat. 764) repealed sec. 6, which
prohibited the arming of American merchant vessels.
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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\
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\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.
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(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.
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\10\ Public Law 77-459 (56 Stat. 95) added subsec. (e).
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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.
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\11\ 22 U.S.C. 448.
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(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.
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\12\ 22 U.S.C. 449.
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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).
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\13\ 22 U.S.C. 550.
\14\ The Act of June 25, 1948 (63 Stat. 862) repealed 18 U.S.C. 31.
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(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.
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\15\ The Act of June 27, 1952 (66 Stat. 279) repealed 8 U.S.C. 168.
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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.
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\16\ 22 U.S.C. 451.
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Sec. 12.\17\ * * * [Repealed--1954]
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\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.
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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.
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\18\ 22 U.S.C. 453.
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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.
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\19\ 22 U.S.C. 454.
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(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.
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\20\ 22 U.S.C. 455.
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definitions

Sec. 16.\21\ For the purposes of this joint resolution--
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\21\ 22 U.S.C. 456.
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(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.
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\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.
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(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.
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\23\ 22 U.S.C. 457.
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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.
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\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''.
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(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.
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\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''.
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* * * * * * *

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.
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\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''.
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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''.
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(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.
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\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.
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\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.''.
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(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.
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\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''.
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(2) The Committee on Appropriations \30\ and the
Committee on Armed Services \31\ of the House of
Representatives.
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\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''.
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* * * * * * *

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.
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\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.
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(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.
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\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''.
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(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.
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\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''.
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(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
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\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.
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(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.
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\39\ As enrolled. Should read ``Committee on International
Relations'' (and subsequently, ``Committee on Foreign Affairs'').
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* * * * * * *

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\
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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(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\
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\46\ Sec. 342(b) of Public Law 107-306 (116 Stat. 2399) inserted
``and includes financial intelligence activities''.
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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.--''.
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(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--
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\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).
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(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
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\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''.
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(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;
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\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''.
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(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.
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\56\ Sec. 603 of Public Law 102-88 (105 Stat. 444) redesignated
subsec. (c) as (e), and added new subsecs. (c) and (d).
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(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\
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\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''.
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(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
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\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)''.
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(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
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\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))''.
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(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\
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\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).
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(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--
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\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)''.
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(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\
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\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.
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(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\
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\15\ Sec. 404(b)(3) of Public Law 102-496 (106 Stat. 3185) added
the last sentence in para. (4).
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(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--
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\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''.
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(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--
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\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).
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(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.''.
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(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.
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\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''.
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(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''.
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(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)''.
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(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\
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\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--
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\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''.
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(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''.
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(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).
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(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.''.
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(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).
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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.
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\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).
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(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).
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(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).
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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.
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\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.''
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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\
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\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).
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(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).
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(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
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\50\ As enrolled.
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(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\
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\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.
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(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.''.
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(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).
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\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\
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\1\ 5 U.S.C. App.
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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.
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\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.
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(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).
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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:
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\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\
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\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:''.
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(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.
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\9\ Sec. 46(h) of Executive Order 13286 (68 F.R. 10627) added para.
(3).
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(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.''.
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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.''
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(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''.
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(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''.
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(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.
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(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''.
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(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\
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\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''.
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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.
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\11\ Sec. 9(g) of Executive Order 13228 (66 F.R. 51817) inserted
``and the Homeland Security Council''.
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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;
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\13\ Sec. 42 of Executive Order 13286 (68 F.R. 10626) struck out
``Secretary'', inserted in lieu thereof ``Secretaries'', and inserted
``and Homeland Security''.
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(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

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

---------- _

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.

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.

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

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.

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.

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

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

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

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.

Kosova Liberation Army, report..... PL 106-120 Sec 312.... 1210

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

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

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.

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

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.

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

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.

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

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

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

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

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

Zebra mussel. See Nonindigenous
Aquatic Nuisance Prevention and
Control Act of 1990