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interest of the Government of the United States to do so,
consis-
tent 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 affected Government of the Marshall Islands or 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 affected Government.
(£)
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 and its related agreements only
to the extent provided for in this Section.
Section 162
_-
The Government of the Marshall Islands or 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 Sections 161(a), 161(d) or 16l(e) or 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 concerned;
(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 District Court 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 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;