48 U.S.C. § 1906 — Construction contract assistance

Page 248 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1906 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Pro- cedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Proce- dure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the begin- ning of Title 28. Public Law 95–134, referred to in subsec. (h)(4)(B), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For com- plete classification of this Act to the Code, see Tables. Public Law 96–205, referred to in subsec. (h)(4)(B), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Tables. The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Public Law 99–658, referred to in subsec. (h)(5), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672. Title II of Pub. L. 99–658 enacted section 1934 of this title and provisions set out as a note under section 1931 of this title. For complete classification of this Act to the Code, see Ta- bles. The Higher Education Act of 1965, referred to in sub- sec. (h)(5), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. CODIFICATION Subsec. (q) of this section, which required the Presi- dent to report annually to Congress on determinations made by the United States in the exercise of its author- ity under section 313 of the Compact of Free Associa- tion between the Government of the United States and the Governments of the Marshall Islands and the Fed- erated States of Micronesia, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 14th item on page 37 of House Document No. 103–7. Section was formerly set out as a note under section 1681 of this title. AMENDMENTS 2014—Subsec. (l). Pub. L. 113–287 substituted ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’. 1992—Subsec. (h)(5). Pub. L. 102–486 added par. (5) re- lating to PCB cleanup. 1988—Subsec. (h)(5). Pub. L. 100–369 added par. (5) re- lating to Federal education grants. 1986—Subsec. (b)(2). Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordi- nate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related eco- nomic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appro- priated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Depart- ments or agencies.’’ Subsec. (c)(2). Pub. L. 99–658 substituted ‘‘infrastruc- ture, except that, for purposes of an orderly reduction of United States programs and services in the Fed- erated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifi- cally authorized by the Compact of Free Association or by other provisions of law may continue but, unless re- imbursed by the respective freely associated state, not in excess of the following amounts:’’ and subpars. (1) to (3) for ‘‘infrastructure.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FEDERATED STATES OF MICRONESIA AND MARSHALL IS- LANDS; PROGRAMS AND SERVICES PROVIDED ON NON- REIMBURSABLE BASIS Pub. L. 99–396, § 20(b), Aug. 27, 1986, 100 Stat. 844, pro- vided that: ‘‘The programs and services specified in sec- tion 105(h)(1), sections [sic] 105(i)(1) and (2), section 111(a) [48 U.S.C. 1905(h)(1), (i)(1), (2), 1911(a)], the serv- ices of the National Health Service Corps pursuant to section 105(k), and the Technical Assistance and Na- tional Historic Preservation Act [probably means the National Historic Preservation Act, see 54 U.S.C. 300101 et seq.] grants pursuant to section 105(l), of Public Law 99–239 shall be provided on a nonreimbursable basis.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1906. Construction contract assistance (a) Assistance to U.S. firms In order to assist the Governments of the Fed- erated 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 Fed- erated 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 re- spect to any such contracts, and the President shall enter into agreements with such firms whereby such firms will, consistent with appli- cable requirements of such Governments— (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 assist- ance in order to enable the Government to en- gage in long-term maintenance of infrastruc- ture. Page 249 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1909 1 See References in Text note below. Assistance by such firms pursuant to this sec- tion 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 sup- pliers of services of the Agency for International Development (hereafter in this section referred to as ‘‘United States firms’’). There are author- ized 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 addi- tional 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 ex- ceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract. (Pub. L. 99–239, title I, § 106, Jan. 14, 1986, 99 Stat. 1797.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1907. Limitations (a) Prohibition The provisions of Chapter 11 of title 18 shall apply in full to any individual who has served as the President’s Personal Representative for Mi- cronesian Status Negotiations or who is or was an officer or employee of the Office for Microne- sian Status Negotiations or who is or was as- signed 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) 1 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 oth- erwise represents, any other person (except the United States), in any formal or informal ap- pearance 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 per- sonal presence at any formal or informal appear- ance before—’’. (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 Sta- tus Negotiations is abolished and no depart- ment, agency, or instrumentality of the United States shall thereafter contribute funds for the support of such Office. (Pub. L. 99–239, title I, § 107, Jan. 14, 1986, 99 Stat. 1797.) Editorial Notes REFERENCES IN TEXT Section 207 of title 18, referred to in subsec. (a), was amended generally by Pub. L. 101–194, title I, § 101(a), Nov. 30, 1989, 103 Stat. 1716, and, as so amended, subsec. (b) of that section no longer contains cls. (i) and (ii). For text of section 207 of Title 18, Crimes and Criminal Procedure, as it appeared prior to amendment by Pub. L. 101–194, see Effective Date of 1989 Amendment; Effect on Employment note set out under section 207 of Title 18. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands with respect to Palau, see note set out preceding section 1681 of this title. § 1908. 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 sec- tion 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. (b) Termination The provisions of this section shall cease to be effective when section 301 of the Covenant to Es- tablish a Commonwealth of the Northern Mar- iana Islands in Political Union With the United States (Public Law 94–241) becomes effective pursuant to section 1003(c) of the Covenant. (Pub. L. 99–239, title I, § 108, Jan. 14, 1986, 99 Stat. 1798.) Editorial Notes REFERENCES IN TEXT Section 24(b) of the Act of December 8, 1983, referred to in subsec. (a), is Pub. L. 98–213, § 24(b), Dec. 8, 1983, 97 Stat. 1465, which was formerly set out as a note under section 1801 of this title. The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States, referred to in subsec. (b), is contained in section 1 of Pub. L. 94–241, as amended, set out as a note under section 1801 of this title. For November 4, 1986, as the effective date of section 301 of the Cov- enant, see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. Public Law 94–241, referred to in subsec. (b), is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, as amended, which is classified generally to subchapter I (§ 1801 et seq.) of chapter 17 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1909. Timing No payment may be made pursuant to the Compact nor under any provision of this joint resolution prior to October 1, 1985.