Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
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verified on Title 42's 8,356 sections); make check green. make
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title: "48 U.S.C. § 1902"
description: "Agreements with Federated States of Micronesia"
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title_number: 48
title_name: "TERRITORIES AND INSULAR POSSESSIONS"
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# 48 U.S.C. § 1902 - Agreements with Federated States of Micronesia
## Text
(a) Law enforcement assistance (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 802(6) of title 21 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 1905(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 2291(e) 11 See References in Text note below. of title 22 shall include relevant information concerning the Federated States of Micronesia.
(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 1901(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 Presidents 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) “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 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.
(Pub. L. 99239, title I, § 102, Jan. 14, 1986, 99 Stat. 1775.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. This joint resolution, referred to in subsecs. (a)(3) and (c)(6), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Section 2291(e) of title 22, referred to in subsec. (a)(4), was repealed and section 2291(i) of title 22, relating to definitions, was redesignated section 2291(e) by Pub. L. 102583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. See sections 2291h and 2291i of Title 22, Foreign Relations and Intercourse. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free Association with the Federated States of Micronesia, referred to in subsec. (b)(1), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which reports required under subsecs. (a)(4) and (c)(4) of this section are listed as the 12th and last items on page 37), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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# 48 U.S.C. § 1904 - Interpretation of and United States policy regarding Compact of Free Association
## Text
(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 [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 Marshall Islands.
(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 January 14, 1986, 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 Governors 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. 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.
(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) “United States territories and commonwealths” defined 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.) and the Fishermens 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 Fishermens 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” [22 U.S.C. 2151 et seq.]. 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.
(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 Fishermens 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),11 See References in Text note below. respectively, of section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(10) and (14)).
(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.
(Pub. L. 99239, title I, § 104, Jan. 14, 1986, 99 Stat. 1788; Pub. L. 104208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 300941; Pub. L. 106504, § 2, Nov. 13, 2000, 114 Stat. 2311.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. This joint resolution and this Act, referred to in subsec. (f)(1) to (3), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f)(3), is Pub. L. 94265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. The Fishermens Protective Act of 1967, referred to in subsec. (f)(3), is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, which is classified generally to chapter 25 (§ 1971 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 22 and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (f)(3), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802], referred to in subsec. (f)(4)(B), was subsequently amended, and section 3(10) and (14) no longer define the terms “fishing” and “highly migratory species”. However, such terms are defined elsewhere in that section.
Codification Section was formerly set out as a note under section 1681 of this title.
Amendments2000—Subsec. (e)(2). Pub. L. 106504 substituted “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 Governors 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.” for “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.”. 1996—Subsec. (f)(3), (4)(B). Pub. L. 104208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 300941, provided that the amendment made by section 101(a) [§ 211(b)] is effective 15 days after Oct. 11, 1996.
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# 48 U.S.C. § 1905 - Supplemental provisions
## Text
(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 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).
(b) Relations with Federated States of Micronesia and Marshall Islands (1) The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsibility for government to government relations between the United States and the Government with respect to whom they are appointed, consistent with the authority of the Secretary of the Interior as set forth in this section.
(2) Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic 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 appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution.
(3) All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the Interior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and services available as the Secretary of the Interior may request.
(4) Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area.
(5) The President is hereby authorized to appoint an Interagency Group on Freely Associated States Affairs to provide policy guidance to federal departments and agencies. Such interagency group shall include the Secretary of the Interior and the Secretary of State.
(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 Marshall Islands for the following purposes:
(1) Prior to October 1, 1986, for any purpose authorized by the Compact or this joint resolution.
(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, 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) Medical referral debts (1) Federated States of Micronesia In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Federated States of Micronesia, the United States shall make available to the Government of the Federated States of Micronesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micronesia before September 1, 1985.
(2) Marshall Islands In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Marshall Islands, the United States shall make available to the Government of the Marshall Islands such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, its territories and commonwealths by citizens of the Marshall Islands before September 1, 1985.
(3) Use of funds In making funds available pursuant to this subsection, the President shall take such actions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be.
(4) Authorization of appropriations There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subsection.
(e) Survivability In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain effective after the termination of the Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions.
(f) Registration for agents of Governments of Federated States of Micronesia and Marshall Islands (1) In general Notwithstanding the provisions of Title One, Article V, section 153 of the Compact, after approval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Government of the Marshall Islands or 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 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 and the Marshall Islands shall be considered to be foreign countries.
(2) Exception Paragraph (1) of this subsection shall not apply to a citizen of the United States employed by either the Government of the Marshall Islands or the Government of the Federated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Micronesia (as the case may be) whose principal duties are other than those matters specified in 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. 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.
(3) Resident representative exemption Nothing in this subsection shall be construed as amending Section 152(b) of the Compact.
(g) Noncompliance sanctions (1) Authority of President The President of the United States shall have no authority to suspend or withhold payments or assistance with respect to—
(A) section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or
(B) any agreements made pursuant to such sections of the Compact,
unless such suspension or withholding is imposed as a sanction due to noncompliance by the Government of the Federated States of Micronesia or the Government of the Marshall Islands (as the case may be) with the obligations and requirements of such sections of the Compact or such agreements.
(2) Actions incompatible with United States authority The Congress expresses its understanding that the Governments of the Federated States of Micronesia and 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 Marshall Islands pursuant to the Compact, including the agreements referred to in sections 462(j) and 462(k) thereof. The 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 Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Micronesia or the Government 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.
(h) Continuing programs and laws (1) Federated States of Micronesia and Marshall Islands In addition to the programs and services set forth in section 221 of the Compact, and pursuant to section 224 of the Compact, the programs and services of the following agencies shall be made available to the Federated States of Micronesia and to the Marshall Islands:
(A) the Legal Services Corporation;
(B) the Public Health Service; and
(C) 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 Farmers Home Loan Administration 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) Palau Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of the Compact, as provided in appropriation Acts or other Acts of Congress.
(3) Section 219 determination The determination by the Government of the United States under section 219 of the Compact shall be as provided in appropriation Acts.
(4) Tort claims (A) At such time as the Trusteeship Agreement ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the Compact or this Act, 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. For purposes of this subparagraph (B),11 So in original. persons providing such service or carrying out such function pursuant to a contract with a federal agency shall be deemed to be an employee of the contracting federal agency.
(B) For purposes of the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), persons providing services to the people of the atolls of Bikini, Enewetak, Rongelap, and Utrik as described in Public Law 95134 and Public Law 96205 pursuant to a contract with a Department or agency of the federal government shall be deemed to be an employee of the contracting Department or agency working in the United States. This subparagraph (B) shall expire when the Trusteeship Agreement is terminated with respect to the Marshall Islands.
(5) Federal education grants Pursuant to section 224 of the Compact or section 224 of the Compact with Palau (as contained in title II of Public Law 99658), the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, and the College Work-Study Program (as authorized by title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.]) shall be extended to students who are, or will be, citizens of the Federated States of Micronesia, or the Marshall Islands and who attend postsecondary institutions in the United States, its territories and commonwealths, the Trust Territory of the Pacific Islands, the Federated States of Micronesia, or the Marshall Islands, except that this paragraph shall not apply to any student receiving assistance pursuant to section 223 of the Compact or section 223 of the Compact with Palau (as contained in title II of Public Law 99658).
(5) 22 So in original. Probably should be “(6)”. 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.
(i) College of Micronesia; education programs (1) College of Micronesia Notwithstanding any other provision of law, all funds which as of January 14, 1986, were appropriated for the use of the College of Micronesia System shall remain available for use by such college until expended. Until otherwise provided by Act of Congress, or until termination of the Compact, such college shall retain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions.
(2) Federal education programs Pursuant to section 224 of the Compact and upon the request of the affected Government, any Federal program providing financial assistance for education which, as of January 1, 1985, was providing financial assistance for education to the Federated States of Micronesia or the Marshall Islands or to any institution, agency, organization, or permanent resident thereof, including the College of Micronesia System, shall continue to provide such assistance to such institutions, agencies, organizations, and residents as follows:
(A) For the fiscal year in which the Compact becomes effective, not to exceed $13,000,000;
(B) For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and
(C) For the fiscal year immediately following the fiscal year described in subparagraph (B), not to exceed $4,300,000.
(3) Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary for purposes of this subsection.
(j) 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.
(k) Use of DOD medical facilities Following approval of the Compact, the Secretary of Defense shall make available the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Marshall Islands who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of Defense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and directed to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and 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.
(l) Technical assistance Technical assistance may be provided pursuant to section 226 of the 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 Soil 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 division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursuant to sections 1902(a), 1903(a), 1903(c), 1903(h), 1903(i), 1903(j), and 1903(l) of this title and subsections (c), (i), (j), (k), (l), (m), (n), and (o) shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Marshall Islands pursuant to the Compact or the subsidiary agreements.
(m) 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.
(n) 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.
(o) Communicable disease control program There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia 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 and Hansens Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program.
(p) Trust funds The responsibilities of the United States with regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Government of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands.
(q) Omitted
(r) User fees Any person in the Federated States of Micronesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or 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.
(Pub. L. 99239, title I, § 105, Jan. 14, 1986, 99 Stat. 1791; Pub. L. 99396, § 20(a), Aug. 27, 1986, 100 Stat. 844; Pub. L. 99658, title I, § 104(c), Nov. 14, 1986, 100 Stat. 3676; Pub. L. 100369, § 9, July 18, 1988, 102 Stat. 837; Pub. L. 102486, title XXVII, § 2704, Oct. 24, 1992, 106 Stat. 3120; Pub. L. 113287, § 5(o)(1), Dec. 19, 2014, 128 Stat. 3272.)
## Notes
Editorial Notes
References in TextThis joint resolution and this Act, referred to in subsecs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free Association with the Federated States of Micronesia, referred to in subsecs. (b)(2), (c), (h)(2), (j), and (m), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. Act of June 30, 1954, referred to in subsec. (c), is act June 30, 1954, ch. 423, 68 Stat. 330, which enacted sections 1681 and 1681b of this title and provisions set out as notes under section 1681 of this title. For complete classification of this Act to the Code, see Tables. The Foreign Agents Registration Act of 1938, referred to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables. The Federal Tort Claims Act, referred to in subsec. (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931934, 941946) 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 Procedure, 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 Procedure. 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 beginning of Title 28. Public Law 95134, referred to in subsec. (h)(4)(B), is Pub. L. 95134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables. Public Law 96205, referred to in subsec. (h)(4)(B), is Pub. L. 96205, 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. 99658, set out as a note under section 1931 of this title. Public Law 99658, referred to in subsec. (h)(5), is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672. Title II of Pub. L. 99658 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 Tables. The Higher Education Act of 1965, referred to in subsec. (h)(5), is Pub. L. 89329, 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 President to report annually to Congress on determinations made by the United States in the exercise of its authority under section 313 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, 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. 1037. Section was formerly set out as a note under section 1681 of this title.
Amendments2014—Subsec. (l). Pub. L. 113287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470470t)”. 1992—Subsec. (h)(5). Pub. L. 102486 added par. (5) relating to PCB cleanup. 1988—Subsec. (h)(5). Pub. L. 100369 added par. (5) relating to Federal education grants. 1986—Subsec. (b)(2). Pub. L. 99396 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 coordinate 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 economic 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 appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies.” Subsec. (c)(2). Pub. L. 99658 substituted “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:” 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Federated States of Micronesia and Marshall Islands; Programs and Services Provided on Nonreimbursable BasisPub. L. 99396, § 20(b), Aug. 27, 1986, 100 Stat. 844, provided that: “The programs and services specified in section 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 services of the National Health Service Corps pursuant to section 105(k), and the Technical Assistance and National 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 99239 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 Islands, see note set out preceding section 1681 of this title.
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# 48 U.S.C. § 1906 - Construction contract assistance
## Text
(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—
(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 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.
(Pub. L. 99239, title I, § 106, Jan. 14, 1986, 99 Stat. 1797.)
## Notes
Editorial Notes
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1907 - Limitations
## Text
(a) Prohibition The provisions of Chapter 11 of title 18 shall apply in full to any individual who has served as the Presidents 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) 11 See References in Text note below. 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—”.
(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.
(Pub. L. 99239, title I, § 107, Jan. 14, 1986, 99 Stat. 1797.)
## Notes
Editorial Notes
References in TextSection 207 of title 18, referred to in subsec. (a), was amended generally by Pub. L. 101194, 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. 101194, 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 Islands with respect to Palau, see note set out preceding section 1681 of this title.
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# 48 U.S.C. § 1908 - Transitional immigration rules
## Text
(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.
(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 94241) becomes effective pursuant to section 1003(c) of the Covenant.
(Pub. L. 99239, title I, § 108, Jan. 14, 1986, 99 Stat. 1798.)
## Notes
Editorial Notes
References in TextSection 24(b) of the Act of December 8, 1983, referred to in subsec. (a), is Pub. L. 98213, § 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. 94241, 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 Covenant, see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. Public Law 94241, referred to in subsec. (b), is Pub. L. 94241, 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.
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# 48 U.S.C. § 1909 - Timing
## Text
No payment may be made pursuant to the Compact nor under any provision of this joint resolution prior to October 1, 1985.
(Pub. L. 99239, title I, § 109, Jan. 14, 1986, 99 Stat. 1798.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. This joint resolution, referred to in text, is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1910 - Implementation of audit agreements
## Text
(a) Transmission of annual financial statement Upon receipt of the annual financial statement described in sections 1902(c)(4) and 1903(m)(4) of this title, the President shall promptly transmit a copy of such statement to the Congress.
(b) Annual audits by President (1) The President shall cause an annual audit to be conducted of the annual financial statements described in sections 1902(c)(4) and 1903(m)(4) of this title. 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 1902(c)(2) and 1903(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 1902(c)(1) and 1903(m)(1) of this title.
(Pub. L. 99239, title I, § 110, Jan. 14, 1986, 99 Stat. 1798.)
## Notes
Editorial Notes
Codification Section was formerly set out as a note under section 1681 of this title.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement that the annual audit be submitted to Congress, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 13th item on page 37 of House Document No. 1037.
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# 48 U.S.C. § 1911 - Compensatory adjustments
## Text
(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.
(b) Investment Development Funds (1) 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 this subsection 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 governments showing of such adverse impact, if any, as provided in this subsection.
(Pub. L. 99239, title I, § 111, Jan. 14, 1986, 99 Stat. 1799.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. The Job Partnership Training Act, referred to in subsec. (a), probably means the Job Training Partnership Act, Pub. L. 97300, Oct. 13, 1982, 96 Stat. 1322, which was classified generally to chapter 19 (§ 1501 et seq.) of Title 29, Labor, and was repealed by Pub. L. 105220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of Title 29, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, were deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, Pub. L. 105220, Aug. 7, 1998, 112 Stat. 936, and, effective July 1, 2000, were deemed to refer to the corresponding provision of the Workforce Investment Act of 1998. The Workforce Investment Act of 1998 was repealed by Pub. L. 113128, title V, § 511(a), July 22, 2014, 128 Stat. 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free Association with the Federated States of Micronesia, referred to in subsec. (b)(1), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. This joint resolution, referred to in subsec. (d), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985. Title IV of this Act is set out as a note under section 1901 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1912 - Jurisdiction
## Text
(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.
(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.
(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 magistrate judges for the defense sites in the Marshall Islands. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28, provided, however that such Magistrate Judges shall have the power to try persons accused of and sentence persons convicted of petty offenses, as defined in section 1(3),11 See References in Text note below. title 18, 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.
(Pub. L. 99239, title II, § 202, Jan. 14, 1986, 99 Stat. 1835; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Editorial Notes
References in TextThe Compact of Free Association, referred to in subsecs. (a) and (b)(1), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. Section 1 of title 18, referred to in subsec. (b)(4), was repealed by Pub. L. 98473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027.
Codification Section was formerly set out as a note under section 1681 of this title. Section was enacted as part of title II of Pub. L. 99239, and not as part of title I of Pub. L. 99239 which comprises this part.
Statutory Notes and Related Subsidiaries
Change of Name Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (b)(4) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
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# 48 U.S.C. § 1921a - Agreements with Federated States of Micronesia
## Text
(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 1921d(j) of this title may be used to reimburse State or local agencies providing such assistance.
(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.
(Pub. L. 108188, title I, § 102, Dec. 17, 2003, 117 Stat. 2725.)
## Notes
Editorial Notes
References in TextThis joint resolution, referred to in subsec. (b)(5), is Pub. L. 108188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables.
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# 48 U.S.C. § 1921b - Agreements with and other provisions related to the Republic of the Marshall Islands
## Text
(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 1921d(j) of this title may be used to reimburse State or local agencies providing such assistance.
(b) Ejit (1) In the joint resolution of January 14, 1986 (Public Law 99239) 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 99239) 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 persons use.
(3) In the joint resolution of January 14, 1986 (Public Law 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 (A) In general 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 95134 and 96205.
(B) Continued monitoring on Runit Island (i) Cactus Crater containment and groundwater monitoring Effective beginning January 1, 2012, the Secretary of Energy shall, as a part of the Marshall Islands program conducted under subparagraph (A), periodically (but not less frequently than every 4 years) conduct—
(I) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island; and
(II) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island.
(ii) Report The Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives, a report that contains—
(I) a description of—
(aa) the results of each visual survey conducted under clause (i)(I); and
(bb) the results of the radiochemical analysis conducted under clause (i)(II); and
(II) a determination on whether the surveys and analyses indicate any significant change in the health risks to the people of Enewetak from the contaminants within the Cactus Crater containment structure.
(iii) Funding for groundwater monitoring The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Program of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II).
(2) Agricultural and food programs (A) In general In the joint resolution of January 14, 1986 (Public Law 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 102154 (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 99239) 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 95134 (91 Stat. 1159) and Public Law 96205 (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 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 99239) 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 governments 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 99239) 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 governments overall economic development plan.
(5) Interest from Fund In the joint resolution of January 14, 1986 (Public Law 99239) 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 99239) 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 99239), 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 99239) 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. 840425 (D. Ha.).
(3) Conditions of funding In the joint resolution of January 14, 1986 (Public Law 99239) 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 1921d(e) of this title.
(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 December 17, 2003, 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 December 17, 2003, 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.
(Pub. L. 108188, title I, § 103, Dec. 17, 2003, 117 Stat. 2727; Pub. L. 110229, title VIII, § 806(a)(1), May 8, 2008, 122 Stat. 871; Pub. L. 112149, § 2, July 26, 2012, 126 Stat. 1144.)
## Notes
Editorial Notes
References in TextThe joint resolution of January 14, 1986 (Public Law 99239), referred to in text, is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to part A of this subchapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Public Law 95134, referred to in subsecs. (f)(1)(A) and (h)(1), is Pub. L. 95134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables. Public Law 96205, referred to in subsecs. (f)(1)(A) and (h)(1), is Pub. L. 96205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Tables. Public Law 102154, referred to in subsec. (g)(4), is Pub. L. 102154, Nov. 13, 1991, 105 Stat. 990, known as the Department of the Interior and Related Agencies Appropriations Act, 1992. For complete classification of this Act to the Code, see Tables. This joint resolution, referred to in subsecs. (i) and (k)(5), is Pub. L. 108188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables.
Amendments2012—Subsec. (f)(1). Pub. L. 112149 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). 2008—Subsec. (c)(1). Pub. L. 110229 substituted “Marshall Islands for the Implementation of Section 177” for “Marshall Islands for the Implementation of section 177”.
@@ -0,0 +1,137 @@
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# 48 U.S.C. § 1921c - Interpretation of and United States policy regarding U.S.-FSM Compact and U.S.-RMI Compact
## Text
(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 2151n and 2304 of title 22, 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.
(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 the 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 [8 U.S.C. 1101 et seq.], 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 part—
(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 [8 U.S.C. 1101(a)(33)].
(3) 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, $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, during the period of fiscal years 2003 through 2023;
(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) for the period of fiscal years 2004 through 2023, 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) 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 99239, or the approval of the U.S.-FSM Compact and the U.S.-RMI Compact by this resolution.
(6) 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 available to 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.
(7) Reporting requirement Not later than one year after December 17, 2003, 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 and include the following:
(A) The Governors comments on the impacts of the Compacts as well as the Administrations 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.
(8) 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 governments 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 December 17, 2003, 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.
(9) 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 such services 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 December 17, 2003, 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 Presidents response to the comments, the findings resulting from the reviews, and any recommendations for actions to respond to such findings.
(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 the 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.
(Pub. L. 108188, title I, § 104, Dec. 17, 2003, 117 Stat. 2737; Pub. L. 110229, title VIII, § 806(a)(2), May 8, 2008, 122 Stat. 871; Pub. L. 11168, div. A, title I, § 1501(c), Oct. 1, 2009, 123 Stat. 2041; Pub. L. 11842, div. G, title II, § 209(l)(2), Mar. 9, 2024, 138 Stat. 448.)
## Notes
Editorial Notes
References in TextThe Immigration and Nationality Act, referred to in subsec. (b)(3), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. The enactment by the United States Congress of the Compact of Free Association Amendments Act of 2003, referred to in subsec. (b)(4), is the enactment of Pub. L. 108188, which was approved Dec. 17, 2003. The Palau Compact, referred to in subsec. (e)(2)(B), probably means the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. The Compact of Free Association, approved by Public Law 99239, referred to in subsec. (e)(5), is the Compact of Free Association between the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. This resolution, referred to in subsec. (e)(5), and this Act, referred to in subsec. (e)(8)(B)(iii), are references to Pub. L. 108188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables. 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, referred to in subsecs. (g) and (i), is contained in section 201(a) of Pub. L. 108188, set out as a note under section 1921 of this title. The Compact of Free Association, between the Government of the United States of America and the Government of the Republic of the Marshall Islands, referred to in subsecs. (g) and (i), is contained in section 201(b) of Pub. L. 108188, set out as a note under section 1921 of this title. The enactment of this resolution, referred to in subsec. (h)(1), is the enactment of Pub. L. 108188, which was approved Dec. 17, 2003.
Amendments2024—Subsec. (e)(4)(A). Pub. L. 11842, § 209(l)(2)(A)(i), substituted “during the period of fiscal years 2003 through 2023” for “beginning in fiscal year 2003”. Subsec. (e)(4)(C). Pub. L. 11842, § 209(l)(2)(A)(ii), substituted “for the period of fiscal years 2004 through 2023” for “after fiscal year 2003”. Subsec. (e)(5) to (10). Pub. L. 11842, § 209(l)(2)(B), (C), redesignated pars. (6) to (10) as (5) to (9), respectively, and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: “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.” 2009—Subsec. (h)(3). Pub. L. 11168 struck out par. (3). Text read as follows: “Not later than the date that is three years after December 17, 2003, 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.” 2008—Subsec. (b)(1). Pub. L. 110229, § 806(a)(2)(A), inserted “the” before “U.S.-RMI Compact,”. Subsec. (e)(8). Pub. L. 110229, § 806(a)(2)(B)(i), substituted “and include” for “to include” in introductory provisions. Subsec. (e)(9)(A). Pub. L. 110229, § 806(a)(2)(B)(ii), inserted a comma after “impact expenses, may”. Subsec. (e)(10). Pub. L. 110229, § 806(a)(2)(B)(iii), substituted “related to such services” for “related to service”. Subsec. (j). Pub. L. 110229, § 806(a)(2)(C), inserted “the” before “Interior),”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives and Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Assignment of Reporting Functions Memorandum of President of the United States, July 21, 2005, 70 F.R. 43249, provided: Memorandum for the Secretary of the Interior By virtue of the authority vested in me by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 104(h) of the Compact of Free Association Amendments Act of 2003 (Public Law 108188) [48 U.S.C. 1921c(h)]. You are authorized and directed to publish this memorandum in the Federal Register. George W. Bush.
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# 48 U.S.C. § 1921e - Construction contract assistance
## Text
(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—
(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.
(Pub. L. 108188, title I, § 106, Dec. 17, 2003, 117 Stat. 2755.)
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# 48 U.S.C. § 1921f - Prohibition
## Text
All laws governing conflicts of interest and post-employment of Federal employees shall apply to the implementation of this Act.
(Pub. L. 108188, title I, § 107, Dec. 17, 2003, 117 Stat. 2755.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 108188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables.
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# 48 U.S.C. § 1921g - Compensatory adjustments
## Text
(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 Innovation and Opportunity Act [29 U.S.C. 3191 et seq.] (relating to Job Corps); and the programs and services of the Department of Commerce relating to tourism and to marine resource development.
(b) Further amounts (1) The joint resolution of January 14, 1986 (Public Law 99239) 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 99239) [48 U.S.C. 1911(a), (b)]) 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 99239) 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 governments 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 99239) 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 99239).
(Pub. L. 108188, title I, § 108, Dec. 17, 2003, 117 Stat. 2755; Pub. L. 113128, title V, § 512(g)(2), July 22, 2014, 128 Stat. 1708.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Subtitle C of title I of the Act is classified generally to part C (§ 3191 et seq.) of subchapter I of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The joint resolution of January 14, 1986 (Public Law 99239), referred to in subsec. (b)(1), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to part A of this subchapter and chapter 19 (§ 2001 et seq.) of this title. Title IV of the joint resolution is set out as a note under section 1901 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
Amendments2014—Subsec. (a). Pub. L. 113128, § 512(g)(2), substituted “subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps)” for “subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 48 U.S.C. § 1921h - Authorization and continuing appropriation
## Text
(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 1921d(f)(1) and 1921d(i) of this title, 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.
(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.
(Pub. L. 108188, title I, § 109, Dec. 17, 2003, 117 Stat. 2756.)
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# 48 U.S.C. § 1932 - Extension of Compact of Free Association to Palau
## Text
(a) The interpretation of and United States Policy Regarding the Compact of Free Association set forth in section 1904 of this title shall apply to the Compact of Free Association with Palau.
(b) The provisions of section 1905 of this title, except for subsection (i), section 1906 of this title, section 1910 of this title, and section 1911(a) and (d) of this title shall apply to Palau in the same manner and to the same extent as such sections apply to the Marshall Islands.
(Pub. L. 99658, title I, § 102, Nov. 14, 1986, 100 Stat. 3675.)
## Notes
Editorial Notes
References in TextThe Compact of Free Association with Palau, referred to in subsec. (a), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1933 - Supplemental provisions
## Text
(a) Civic Action Teams (1) 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.
(2) For expenditures that the Department of Defense makes pursuant to paragraph (1), the Secretary of Defense may accept up to the amount of $250,000 in annual funds from the Government of Palau as specified in paragraph (1). Funds accepted by the Secretary from the Government of Palau under this paragraph shall be credited to and merged with appropriations available to the Department of Defense and shall be used to defray expenditures attendant to the operation of the United States military Civic Action Team in Palau. Funds so credited and merged shall be available for the same time period as the appropriations to which the funds are credited and merged.
(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 November 14, 1986. 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) Omitted
(d) Peleliu and Angaur Not later than one year after November 14, 1986, 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) Power generation Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sum 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) 11 So in original. Probably should be followed by “of the Compact”. 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.
(f) Reduction of appropriations 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 [48 U.S.C. 1903(h), (k), 1905(m)] (Public Law 99239), 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) 22 See References in Text note below. of this joint resolution shall not be reduced, notwithstanding Public Law 99177, Public Law 99366, and other law enacted to implement Public Law 99177, or any other provision of law.
(g) Understandings, interpretations, and policy statements The Congress reaffirms all of the understandings, interpretations, and policy statements contained in Public Law 99239 (99 Stat. 1770) [48 U.S.C. 1901 et seq., 2001 et seq.]. Congressional Resolution 460 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 99239, 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 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) Availability of appropriations Notwithstanding any other provision of law, funds appropriated for the Compact of Free Association, Public Law 99239 [48 U.S.C. 1901 et seq., 2001 et seq.], or this joint resolution, in the act of making supplemental appropriations for fiscal year 1986, shall remain available until expended.
(j) Authority to contract or make payments (1) , (2) Omitted
(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) Annual report 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 99239 [48 U.S.C. 1903(h)]. 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 99239 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.
(Pub. L. 99658, title I, § 104, Nov. 14, 1986, 100 Stat. 3675; Pub. L. 101219, title I, § 105, Dec. 12, 1989, 103 Stat. 1871; Pub. L. 110181, div. A, title XII, § 1253, Jan. 28, 2008, 122 Stat. 402.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. The Compact of Free Association with the Marshall Islands and the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands, referred to in subsecs. (a)(1) and (f), respectively, are contained in the Compact of Free Association, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. This joint resolution and this Act, referred to in subsecs. (e), (f), and (i), is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is classified generally to this part. Title II of this joint resolution enacted section 1934 of this title and provisions set out as a note under section 1931 of this title. Section 104 of this joint resolution, which is classified to this section, does not contain a subsec. (l). For complete classification of this Act to the Code, see Tables. The Compact of Free Association Act of 1985 and Public Law 99239, referred to in subsecs. (f), (g), and (i), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, as amended, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Public Law 99177, referred to in subsec. (f), is Pub. L. 99177, Dec. 12, 1985, 99 Stat. 1037, as amended. For complete classification of this Act to the Code, see Tables. Public Law 99366, referred to in subsec. (f), is Pub. L. 99366, July 31, 1986, 100 Stat. 773. For complete classification of this Act to the Code, see Tables. The Compact of Free Association, referred to in subsecs. (g) and (i), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title.
Codification Section was formerly set out as a note under section 1681 of this title. Section is comprised of section 104 of Pub. L. 99658. Subsec. (c) of section 104 of Pub. L. 99658 amended section 1905 of this title. Subsec. (j)(1) and (2) of section 104 of Pub. L. 99658 amended sections 460ff3 and 460ff5 of Title 16, Conservation.
Amendments2008—Subsec. (a). Pub. L. 110181 designated existing provisions as par. (1) and added par. (2). 1989—Subsec. (e). Pub. L. 101219 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “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.”
Statutory Notes and Related Subsidiaries
Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993.
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# 48 U.S.C. § 1934 - Jurisdiction
## Text
(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.
(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.
(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 for the defense sites in Palau. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28: Provided however, That such Magistrate Judges shall have the power to try persons accused of, and sentence persons convicted of, petty offenses, as defined in section 1(3),11 See References in Text note below. title 18, 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.
(Pub. L. 99658, title II, § 202, Nov. 14, 1986, 100 Stat. 3704; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Editorial Notes
References in TextThe Compact of Free Association, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. Section 1 of title 18, referred to in subsec. (c)(3), was repealed by Pub. L. 98473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027.
Codification Section was formerly set out as a note under section 1681 of this title. Section was enacted as part of title II of Pub. L. 99658, not as part of title I of Pub. L. 99658 which comprises this part.
Statutory Notes and Related Subsidiaries
Change of Name Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (c)(3) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
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# 48 U.S.C. § 1951 - Entry into force of Compact
## Text
Notwithstanding the provisions of Section 101(d)(1)(B) of Public Law 99658 [48 U.S.C. 1931(d)(1)(B)], entry into force of the Compact of Free Association between the United States and Palau (set forth in title II of Public Law 99658 and hereafter in this joint resolution referred to as the “Compact”) in accordance with subsections (a) and (d) of section 101 of Public Law 99658 (100 Stat. 3673) [48 U.S.C. 1931(a), (d)] is hereby authorized—
(1) subject to the condition that the Compact, as approved by the Congress in Public Law 99658, 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 of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the effective date of the Compact.
(Pub. L. 101219, title I, § 101, Dec. 12, 1989, 103 Stat. 1870.)
## Notes
Editorial Notes
References in TextPublic Law 99658, referred to in text, is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. Title II of Pub. L. 99658 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 Tables. The Compact of Free Association between the United States and Palau, referred to in text, is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. This joint resolution, referred to in text, is Pub. L. 101219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and sections 1846 and 1972 of this title, amended sections 1615 and 1933 of this title and section 10251 of Title 34, Crime Control and Law Enforcement, and enacted provisions set out as a note under section 1905 of Title 44, Public Printing and Documents. For complete classification of this joint resolution to the Code, see Tables. For Oct. 1, 1994, as the effective date of the Compact, referred to in par. (2), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993.
@@ -0,0 +1,43 @@
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---
# 48 U.S.C. § 1952 - Fiscal procedures assistance
## Text
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 99658 [48 U.S.C. 1931 et seq.] and 99239 [48 U.S.C. 1901 et seq., 2001 et seq.], or any other Act of Congress.
(Pub. L. 101219, title I, § 102, Dec. 12, 1989, 103 Stat. 1870.)
## Notes
Editorial Notes
References in TextThis joint resolution, referred to in text, is Pub. L. 101219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and sections 1846 and 1972 of this title, amended sections 1615 and 1933 of this title and section 10251 of Title 34, Crime Control and Law Enforcement, and enacted provisions set out as a note under section 1905 of Title 44, Public Printing and Documents. For complete classification of this joint resolution to the Code, see Tables. Public Law 99658, referred to in text, is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. For complete classification of this Act to the Code, see Tables. Public Law 99239, referred to in text, is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,53 @@
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# 48 U.S.C. § 1953 - Antidrug program
## Text
(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, 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.
(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.
(Pub. L. 101219, title I, § 103, Dec. 12, 1989, 103 Stat. 1870.)
## Notes
Editorial Notes
Codification Section was formerly set out as a note under section 1681 of this title.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress, Jan. 5, 1993.
@@ -0,0 +1,47 @@
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# 48 U.S.C. § 1954 - Public auditor and special prosecutor
## Text
(a) 11 So in original. No subsec. (b) has been enacted. 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 time services of—
(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.
(Pub. L. 101219, title I, § 104, Dec. 12, 1989, 103 Stat. 1871.)
## Notes
Editorial Notes
References in TextFor Oct. 1, 1994, as the effective date of the Compact, referred to in text, see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,41 @@
---
type: "LegalText"
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description: "Audit certification"
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---
# 48 U.S.C. § 1955 - Audit certification
## Text
The chief officer of any agency conducting an audit pursuant to paragraph (1) of sections 1902(c) and 1903(m) of this title and section 1931(d)(1)(C) of this title shall certify that audit.
(Pub. L. 101219, title I, § 106, Dec. 12, 1989, 103 Stat. 1871.)
## Notes
Editorial Notes
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,47 @@
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title_name: "TERRITORIES AND INSULAR POSSESSIONS"
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---
# 48 U.S.C. § 1956 - Acquisition of defense sites
## Text
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—
(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.
(Pub. L. 101219, title I, § 107, Dec. 12, 1989, 103 Stat. 1872.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,43 @@
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---
# 48 U.S.C. § 1957 - Federal programs coordination personnel
## Text
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 99239 [48 U.S.C. 1901 et seq., 2001 et seq.] and 99658 [48 U.S.C. 1931 et seq.]. In meeting the purposes of this section the Secretary shall select qualified persons following consultations with the Interagency Group on Freely Associated State Affairs.
(Pub. L. 101219, title I, § 108, Dec. 12, 1989, 103 Stat. 1872.)
## Notes
Editorial Notes
References in TextPublic Law 99239, referred to in text, is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Public Law 99658, referred to in text, is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. 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.
@@ -0,0 +1,43 @@
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title_number: 48
title_name: "TERRITORIES AND INSULAR POSSESSIONS"
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citation: "48 U.S.C. § 1958"
status: "current"
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---
# 48 U.S.C. § 1958 - Referendum costs
## Text
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.
(Pub. L. 101219, title I, § 109, Dec. 12, 1989, 103 Stat. 1872.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,47 @@
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---
# 48 U.S.C. § 1959 - Agreements
## Text
(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 10162 (101 11 So in original. Probably should be “103”. Stat. 162) shall take effect without further authorization thirty days after submission to Congress.
(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 99239, 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 99658, 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 part, 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 99239 [48 U.S.C. 1905(c)] as referenced by section 102(b) of Public Law 99658 [48 U.S.C. 1932(b)] or from funds appropriated for technical assistance to the Secretary of the Interior.
(Pub. L. 101219, title I, § 110, Dec. 12, 1989, 103 Stat. 1872.)
## Notes
Editorial Notes
References in TextPublic Law 10162, referred to in subsec. (a), is Pub. L. 10162, July 26, 1989, 103 Stat. 162, which is set out as a note under section 1901 of this title. The Compact of Free Association as approved by Public Law 99239, referred to in subsec. (b), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title. The Compact of Free Association for Palau as approved by Public Law 99658, referred to in subsec. (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. Public Law 99239, referred to in subsec. (b), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, as amended, known as the Compact of Free Association Act of 1985, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Public Law 99658, referred to in subsec. (b), is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. For complete classification of this Act to the Code, see Tables. This part, referred to in subsec. (c), was in the original “this title”, meaning title I of Pub. L. 101219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and amended section 1933 of this title. For complete classification of this title to the Code, see Tables.
Codification Section was formerly set out as a note under section 1681 of this title.
@@ -0,0 +1,61 @@
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# 48 U.S.C. § 1960 - Modification of energy assistance funding
## Text
(a) Fulfillment of United States obligations 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:
(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 rate determined for an 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 99349 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) Adjustment and payment 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 99349 to fulfill the obligations of the United States under section 211(b) of the Compact (approved in Public Law 99658), adjusted by section 215 of such Compact, shall be provided to Palau upon entry into force of the Compact.
(c) Availability of appropriation account Funding provided in Public Law 101121 under the “Trust Territory of the Pacific Islands” appropriation account shall remain available until expended.
(Pub. L. 101219, title I, § 111, Dec. 12, 1989, 103 Stat. 1873.)
## Notes
Editorial Notes
References in TextThe Compact, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title. For Oct. 1, 1994, as the date the Compact of Free Association with Palau entered into full force and effect, referred to in subsecs. (a)(1), (2), (4) and (b), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title. Public Law 99349, referred to in subsecs. (a)(5) and (b), is Pub. L. 99349, July 2, 1986, 100 Stat. 710. For complete classification of this Act to the Code, see Tables. Public Law 99658, referred to in subsec. (b), is Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. For complete classification of this Act to the Code, see Tables. Public Law 101121, referred to in subsec. (c), is Pub. L. 101121, Oct. 23, 1989, 103 Stat. 701. Provisions relating to the Trust Territory of the Pacific Islands appear at 103 Stat. 717. 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.
Statutory Notes and Related Subsidiaries
Palau Road MaintenancePub. L. 110229, title VIII, § 808, May 8, 2008, 122 Stat. 874, provided that: “The Government of the Republic of Palau may deposit the payment otherwise payable to the Government of the United States under section 111 of Public Law 101219 (48 U.S.C. 1960) into a trust fund if— “(1) the earnings of the trust fund are expended solely for maintenance of the road system constructed pursuant to section 212 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note); and “(2) the trust fund is established and operated pursuant to an agreement entered into between the Government of the United States and the Government of the Republic of Palau.”
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# 48 U.S.C. § 1961 - Submission of agreements
## Text
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 after 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.
(Pub. L. 101219, title I, § 112, Dec. 12, 1989, 103 Stat. 1873.)
## Notes
Editorial Notes
References in TextThis joint resolution, referred to in text, is Pub. L. 101219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and sections 1846 and 1972 of this title, amended sections 1615 and 1933 of this title and section 10251 of Title 34, Crime Control and Law Enforcement, and enacted provisions set out as a note under section 1905 of Title 44, Public Printing and Documents. For complete classification of this joint resolution to the Code, see Tables. The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99658, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1962 - Transition funding
## Text
For the purposes of applying section 1905(c)(2) of this title to Palau, the terms “fiscal year 1987”, “fiscal year 1988”, and “fiscal year 1989” in section 104(c) of Public Law 99658 shall be deemed to be the first, second, and third fiscal years, respectively, beginning after the effective date of the Compact.
(Pub. L. 101219, title I, § 113, Dec. 12, 1989, 103 Stat. 1873.)
## Notes
Editorial Notes
References in TextSection 104(c) of Public Law 99658, referred to in text, is section 104(c) of Pub. L. 99658, title I, Nov. 14, 1986, 100 Stat. 3676, which amended section 1905 of this title. For Oct. 1, 1994, as the effective date of the Compact of Free Association with Palau referred to in text, see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1971 - Transfer of surplus personal property owned by United States
## Text
(a) Transfer to Northern Mariana Islands, Palau, Marshall Islands, and Federated States of Micronesia Notwithstanding any other provision of law, subject to valid existing rights, and subject to subsection (b) of this section, all right, title, and interest of the Government of the United States in personal property situated in the Trust Territory of the Pacific Islands and of the government of the Trust Territory of the Pacific Islands in personal property wherever located shall be transferred, without reimbursement, by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands, to the government of the Northern Mariana Islands, Palau, the Marshall Islands, or the Federated States of Micronesia according to a list of distribution established by the High Commissioner of the Trust Territory of the Pacific Islands in consultation with the recipient government.
(b) Declaration that property is surplus Personal property referred to in subsection (a) of this section shall be transferred upon declaration by the High Commissioner of the Trust Territory of the Pacific Islands that such property is surplus to the needs of the government of the Trust Territory of the Pacific Islands, which declaration shall be approved, if applicable, by the head of the agency of the Government of the United States having administrative responsibility for the property.
(c) Property held in trust If no government exists in Palau on December 24, 1980, that is capable of receiving title to such property in its own name, the government of the Trust Territory of the Pacific Islands shall hold such property in trust for the prospective government of Palau until such government is established.
(Pub. L. 96597, title IV, § 402, Dec. 24, 1980, 94 Stat. 3478; Pub. L. 97357, title II, § 201, Oct. 19, 1982, 96 Stat. 1706.)
## Notes
Editorial Notes
Codification Section was formerly set out as a note under section 1681 of this title.
Amendments1982—Subsec. (a). Pub. L. 97357, substituted “by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands,” for “by October 1, 1982,”.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
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# 48 U.S.C. § 1972 - Controlled substances in freely associated states
## Text
(a) In general The President is authorized to negotiate agreements which provide—
(1) that the United States shall carry out the provisions of part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) as necessary to provide for the lawful distribution of controlled substances in the freely associated states; and
(2) that a freely associated state which institutes and maintains a voluntary system to report annual estimates of narcotics needs to the International Narcotics Control Board, and which imposes controls on imports of narcotic drugs consistent with the Single Convention on Narcotic Drugs, 1961, shall be eligible for exports of narcotic drugs from the United States in the same manner as a country meeting the requirements of subsection (a) of section 953 11 See References in Text note below. of title 21.
(b) Effective date Agreements concluded pursuant to this section shall become effective pursuant to section 1901(f)(5) of this title or section 1931(d)(5) of this title, as may be applicable.
(Pub. L. 101219, title II, § 201, Dec. 12, 1989, 103 Stat. 1874.)
## Notes
Editorial Notes
References in TextThe Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91513, Oct. 27, 1970, 84 Stat. 1242. Part C of the Act is classified generally to part C (§ 821 et seq.) of subchapter I of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. Section 953 of title 21, referred to in subsec. (a)(2), was in the original “section 1003 of the Controlled Substances Act”, and was translated as reading “section 1003 of the Controlled Substances Import and Export Act”, meaning section 1003 of title III of Pub. L. 91513, to reflect the probable intent of Congress.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1973 - Freely Associated State Air Carrier
## Text
(a) In furtherance of the objectives of the Compact of Free Association Act of 1985 (Public Law 99239) [48 U.S.C. 1901 et seq., 2001 et seq.] 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.
(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.
(Pub. L. 102247, title III, § 303, Feb. 24, 1992, 106 Stat. 39.)
## Notes
Editorial Notes
References in TextThe Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. The Compact of Free Association, referred to in subsec. (b), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title.
Codification Section was formerly set out as a note under section 1681 of this title.
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# 48 U.S.C. § 1974 - Connecting Oceanias Nations With Vanguard Exercises and National Empowerment
## Text
(a) Short title This section may be cited as the “Connecting Oceanias Nations with Vanguard Exercises and National Empowerment Act of 2023” or the “CONVENE Act of 2023”.
(b) Definitions In this section:
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
(C) the congressional defense committees.
(2) National security council.— The term “national security council” means, with respect to a specified country, an intergovernmental body under the jurisdiction of the freely elected government of the specified country that acts as the primary coordinating entity for security cooperation, disaster response, and the activities described in subsection (c)(5).
(3) Specified country.— The term “specified country” means—
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(c) National security councils of specified countries (1) In general The Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country—
(A) that enables the specified country—
(i) to better coordinate with the United States Government, including the Armed Forces, as appropriate;
(ii) to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and
(iii) to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and
(B) for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions.
(2) Composition The Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in paragraph (5).
(3) Standards for equipment and services The Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that—
(A) the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage;
(B) the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 11 So in original. Probably should be followed by “2021”. (10 U.S.C. 113 note); and
(C) to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries.
(4) Report on implementation (A) In general Not later than 180 days after December 22, 2023, and annually thereafter for 2 years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes—
(i) an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in paragraph (1) at acceptable financial and opportunity cost;
(ii) a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country;
(iii) with respect to each specified country, an assessment as to whether—
(I) the specified country has appropriately staffed its national security council or other identified coordinating body; and
(II) the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in paragraph (5);
(iv) an assessment of—
(I) any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country;
(II) current efforts by the Secretary of State to coordinate with the specified countries on the activities described in paragraph (5); and
(III) existing governmental entities within each specified country that are capable of supporting such activities;
(v) a description of any challenge with respect to—
(I) the implementation of the national security council, or other identified coordinating body, of any specified country; and
(II) the implementation of paragraphs (1) through (3);
(vi) an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and
(vii) any other matter the Secretary of State considers relevant.
(B) Form Each report required by subparagraph (A) may be submitted in unclassified form and may include a classified annex.
(5) Activities described The activities described in this subsection are the following homeland security activities:
(A) Coordination of—
(i) the prosecution and investigation of transnational criminal enterprises;
(ii) responses to national emergencies, such as natural disasters;
(iii) counterintelligence and counter- coercion responses to foreign threats; and
(iv) efforts to combat illegal, unreported, or unregulated fishing.
(B) Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern.
(C) Identification and development of an existing governmental entity to support homeland defense and civil support activities.
(Pub. L. 11831, div. E, title LIV, § 5412, Dec. 22, 2023, 137 Stat. 949.)
## Notes
Editorial Notes
References in TextThe applicable Compact of Free Association, referred to in subsec. (c)(1)(A)(iii), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99239, set out as a note under section 1901 of this title, and the Compact of Free Association between the Government of the United States and the Government of Palau, which is contained in section 201 of of Pub. L. 99658, set out as a note under section 1931 of this title. Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (c)(3)(B), is section 1260H of Pub. L. 116283, which is set out as a note under section 113 of Title 10, Armed Forces.
Statutory Notes and Related Subsidiaries
“Congressional Defense Committees” Defined For definition of “congressional defense committees” as the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 101 of Title 10, Armed Forces, as made applicable by section 3 of Pub. L. 11831, which is listed in a table under section 101 of Title 10.
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# 48 U.S.C. § 1981 - Findings
## Text
Congress finds the following:
(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 the people of the Trust Territory and the freely expressed wishes of the people concerned.
(2) 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 section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99239) and the United States and the Republic of Palau entered into the Compact of Free Association set forth in section 201 of Public Law 99658 (48 U.S.C. 1931 note) to create and maintain a close and mutually beneficial relationship.
(3) 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”, 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 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 and approved, as applicable, by section 201 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108188).
(4) The “Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association Section 432 Review”, was signed by the Government of the United States and the Government of the Republic of Palau on September 3, 2010, and amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the “Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review”.
(6) On May 23, 2023, the United States signed 3 agreements related to the U.S.-FSM Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement and on September 28, 2023, the United States signed a Federal Programs and Services agreement related to the U.S.-FSM Compact of Free Association.
(7) On October 16, 2023, the United States signed 3 agreements relating to the U.S.-RMI Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement.
(Pub. L. 11842, div. G, title II, § 202, Mar. 9, 2024, 138 Stat. 419.)
## Notes
Statutory Notes and Related Subsidiaries
Short TitleFor Short Title of title II of Pub. L. 11842 as the “Compact of Free Association Amendments Act of 2024”, see section 201 of title II of div. G of Pub. L. 11842, set out as a Short Title of 2024 Amendment note under section 1901 of this title.
@@ -0,0 +1,111 @@
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# 48 U.S.C. § 1982 - Definitions
## Text
In this subchapter:
(1) 1986 Compact The term “1986 Compact” means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99239).
(2) 2003 Amended U.S.-FSM Compact The term “2003 Amended U.S.-FSM Compact” means the Compact of Free Association amending the 1986 Compact entitled 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” set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108188).
(3) 2003 Amended U.S.-RMI Compact The term “2003 Amended U.S.-RMI Compact” means the Compact of Free Association amending the 1986 Compact entitled “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” set forth in section 201(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108188).
(4) 2023 Agreement to Amend the U.S.-FSM Compact The term “2023 Agreement to Amend the U.S.-FSM Compact” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia to Amend the Compact of Free Association, as Amended, done at Palikir May 23, 2023.
(5) 2023 Agreement to Amend the U.S.-RMI Compact The term “2023 Agreement to Amend the U.S.-RMI Compact” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands to Amend the Compact of Free Association, as Amended, done at Honolulu October 16, 2023.
(6) 2023 Amended U.S.-FSM Compact The term “2023 Amended U.S.-FSM Compact” means the 2003 Amended U.S.-FSM Compact [48 U.S.C. 1921 note], as amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
(7) 2023 Amended U.S.-RMI Compact The term “2023 Amended U.S.-RMI Compact” means the 2003 Amended U.S.-RMI Compact [48 U.S.C. 1921 note], as amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
(8) 2023 U.S.-FSM Federal Programs and Services Agreement The term “2023 U.S.-FSM Federal Programs and Services Agreement” means the 2023 Federal Programs and Services Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Washington September 28, 2023.
(9) 2023 U.S.-FSM Fiscal Procedures Agreement The term “2023 U.S.-FSM Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance provided in the 2023 Amended U.S.-FSM Compact between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Palikir May 23, 2023.
(10) 2023 U.S.-FSM Trust Fund Agreement The term “2023 U.S.-FSM Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia Regarding the Compact Trust Fund, done at Palikir May 23, 2023.
(11) 2023 U.S.-Palau Compact Review Agreement The term “2023 U.S.-Palau Compact Review Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review, done at Port Moresby May 22, 2023.
(12) 2023 U.S.-RMI Fiscal Procedures Agreement The term “2023 U.S.-RMI Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the 2023 Amended Compact Between the Government of the United States of America and the Government of the Republic of the Marshall Islands, done at Honolulu October 16, 2023.
(13) 2023 U.S.-RMI Trust Fund Agreement The term “2023 U.S.-RMI Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands Regarding the Compact Trust Fund, done at Honolulu October 16, 2023.
(14) Appropriate committees of Congress The term “appropriate committees of Congress” means—
(A) the Committee on Energy and Natural Resources of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Natural Resources of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(15) Freely Associated States The term “Freely Associated States” means—
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) Subsidiary agreement The term “subsidiary agreement” means any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands.
(G) Any Federal Programs and Services Agreement in force between the United States and the Republic of Palau.
(H) Any other agreement that the United States may from time-to-time enter into with the Government of the Federated States of Micronesia, the Government of the Republic of Palau, or the Government of the Republic of the Marshall Islands, in accordance with—
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 U.S.-Palau Compact Review Agreement; or
(iii) the 2023 Amended U.S.-RMI Compact.
(17) U.S.-Palau Compact The term “U.S.-Palau Compact” means the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Public Law 99658 (48 U.S.C. 1931 note).
(Pub. L. 11842, div. G, title II, § 203, Mar. 9, 2024, 138 Stat. 420.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in the original “this title”, meaning title II of div. G of Pub. L. 11843, Mar. 9, 2024, 138 Stat. 419, known as the Compact of Free Association Amendments Act of 2024, which is classified principally to this subchapter. For complete classification of title II to the Code, see Short Title of 2024 Amendment note set out under section 1901 of this title and Tables.
@@ -0,0 +1,103 @@
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# 48 U.S.C. § 1983 - Approval of 2023 Agreement to Amend the U.S.-FSM Compact, 2023 Agreement to Amend the U.S.-RMI Compact, 2023 U.S.-Palau Compact Review Agreement, and Subsidiary Agreements
## Text
(a) Federated States of Micronesia (1) Approval The 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 U.S.-FSM Trust Fund Agreement, as submitted to Congress on June 15, 2023, are approved and incorporated by reference.
(2) Consent of Congress Congress consents to—
(A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as submitted to Congress on June 15, 2023; and
(B) the 2023 U.S.-FSM Federal Programs and Services Agreement.
(3) Authority of President Notwithstanding section 1921(f) of this title, the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
(b) Republic of the Marshall Islands (1) Approval The 2023 Agreement to Amend the U.S.-RMI Compact and the 2023 U.S.-RMI Trust Fund Agreement, as submitted to Congress on October 17, 2023, are approved and incorporated by reference.
(2) Consent of Congress Congress consents to the 2023 U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress on October 17, 2023.
(3) Authority of President Notwithstanding section 1921(f) of this title, the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
(c) Republic of Palau (1) Approval The 2023 U.S.-Palau Compact Review Agreement, as submitted to Congress on June 15, 2023, is approved.
(2) Authority of President The President is authorized to bring into force and implement the 2023 U.S.-Palau Compact Review Agreement.
(d) Amendments, changes, or termination to Compacts and certain agreements (1) In general Any amendment to, change to, or termination of all or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral action of the Government of the United States, shall not enter into force until the date on which Congress has incorporated the applicable amendment, change, or termination into an Act of Congress.
(2) Additional actions and agreements In addition to the Compacts described in paragraph (1), the requirements of that paragraph shall apply to—
(A) any action of the Government of the United States under the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact, including an action taken pursuant to section 431, 441, or 442 of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
(B) any amendment to, change to, or termination of—
(i) the agreement described in section 462(a)(2) of the 2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section 462(a)(5) of the 2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-FSM Compact;
(iv) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-RMI Compact;
(v) an agreement concluded pursuant to section 177 of the 2023 Amended U.S.-RMI Compact;
(vi) Articles III and IV of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-FSM Compact;
(vii) Articles III, IV, and X of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-RMI Compact;
(viii) the agreement described in section 462(h) of the U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the agreement described in section 462(b)(7) of the 2023 Amended U.S.-FSM Compact and 2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-Palau Compact.
(e) Entry into force of future amendments to subsidiary agreements (1) In general An agreement between the United States and the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau that would amend, change, or terminate any subsidiary agreement or portion of a subsidiary agreement (other than an amendment to, change to, or termination of an agreement described in subsection (d)) shall not enter into force until the date that is 90 days after the date on which the President has transmitted to the President of the Senate and the Speaker of the House of Representatives—
(A) the agreement to amend, change, or terminate the subsidiary agreement;
(B) an explanation of the amendment, change, or termination;
(C) a description of the reasons for the amendment, change, or termination; and
(D) in the case of an agreement that would amend, change, or terminate any agreement described in section 462(b)(3) of the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI Compact, a statement by the Secretary of Labor that describes—
(i) the necessity of the amendment, change, or termination; and
(ii) any impacts of the amendment, change, or termination.
(2) Federal programs and services agreement with the republic of Palau Subparagraphs (A) and (D)(iii) of section 1931(c)(2) of this title and subsection (d)(2)(A) shall not apply to an agreement that would amend, change, or terminate the agreement described in section 462(f) of the U.S.-Palau Compact.
(Pub. L. 11842, div. G, title II, § 204, Mar. 9, 2024, 138 Stat. 423; Pub. L. 11883, div. B, title I, § 110(b)(1), Sept. 26, 2024, 138 Stat. 1536.)
## Notes
Editorial Notes
Codification Section is comprised of section 204 of title II of div. G of Pub. L. 11842. Subsecs. (a)(1) and (b)(1) of section 204 of title II of div. G of Pub. L. 11842, insofar as they incorporate the 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 Agreement to Amend the U.S.-RMI Compact, are also classified as amendments to sections 201(a) and 201(b), respectively, of Pub. L. 108188, which are set out as notes under section 1921 of this title.
Amendments2024—Subsec. (e). Pub. L. 11883 designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), redesignated former subpars. (A) and (B) of par. (4) as cls. (i) and (ii), respectively, of par. (1)(D), realigned margins, and added par. (2).
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# 48 U.S.C. § 1984 - Agreements with Federated States of Micronesia
## Text
(a) Law enforcement assistance (1) In general Pursuant to sections 222 and 224 of the 2023 Amended U.S.-FSM Compact, the United States shall provide nonreimbursable 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—
(A) to develop and adequately enforce laws of the Federated States of Micronesia; and
(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(2) Use of appropriated funds Funds appropriated pursuant to subsection (j) of section 1921d of this title (as amended by section 209(j)) may be used in accordance with section 1921a(a) of this title.
(b) United States appointees to Joint Economic Management Committee (1) In general The 3 United States appointees (which are composed of the United States chair and 2 other members from the Government of the United States) to the Joint Economic Management Committee established under section 213 of the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the “Committee”) shall—
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal Government.
(2) Term; appointment The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State, in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the Interior, in consultation with the Secretary of the Treasury.
(C) 1 member shall be appointed by the Interagency Group on Freely Associated States established under section 1987(d)(1) of this title.
(3) Reappointment A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(4) Qualifications Not fewer than 2 United States members of the Committee appointed under paragraph (2) shall be individuals who—
(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and
(B) possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics.
(5) Notice (A) In general Not later than 90 days after the date of appointment of a United States member of the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement prepared by the Secretary of the Interior attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(B) Requirement For purposes of a statement required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Interagency Group on Freely Associated States established under section 1987(d)(1) of this title on request of the Secretary of the Interior.
(6) Reports to Congress Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(7) Notice to Congress Not later than 90 days after the date on which the Government of the Federated States of Micronesia submits to the Committee a report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(c) United States appointees to Joint Trust Fund Committee (1) In general The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Joint Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
(2) Term; appointment The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term not more than 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the Interior.
(C) 1 member shall be appointed by the Secretary of the Treasury.
(3) Reappointment A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(4) Qualifications Not fewer than 2 members of the Committee appointed under paragraph (2) shall be individuals who—
(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics; and
(B) possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
(5) Notice (A) In general Not later than 90 days after the date of appointment of a United States member to the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(B) Requirement For purposes of a statement required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of the Treasury on request of the Secretary of the Interior.
(6) Reports to Congress Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(7) Notice to Congress Not later than 90 days after the date on which the Government of the Federated States of Micronesia submits to the Committee a report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(Pub. L. 11842, div. G, title II, § 205, Mar. 9, 2024, 138 Stat. 424.)
## Notes
Editorial Notes
References in TextSection 209(j), referred to in subsec. (a)(2), means section 209(j) of title II of div. G of Pub. L. 11842.
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# 48 U.S.C. § 1985 - Agreements with and other provisions related to the Republic of the Marshall Islands
## Text
(a) Law enforcement assistance (1) In general Pursuant to sections 222 and 224 of the 2023 Amended U.S.-RMI Compact, the United States shall provide nonreimbursable 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 Republic of the Marshall Islands—
(A) to develop and adequately enforce laws of the Marshall Islands; and
(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(2) Use of appropriated funds Funds appropriated pursuant to subsection (j) of section 1921d of this title (as amended by section 209(j)) may be used in accordance with section 1921b(a) of this title.
(b) Espousal provisions (1) In general Congress reaffirms that—
(A) section 1903(g)(1) of this title and section 1921b(e)(1) of this title 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.”; and
(B) section 1903(g)(2) of this title and section 1921b(e)(2) of this title 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.”.
(2) Effect Nothing in the 2023 Agreement to Amend the U.S.-RMI Compact affects the application of the provisions of law reaffirmed by paragraph (1).
(c) Certain Section 177 Agreement provisions Congress reaffirms that—
(1) Article IX 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 of Free Association, done at Majuro June 25, 1983, provided that “If loss or damage to property and person of the citizens of the Marshall Islands, resulting from the Nuclear Testing Program, arises or is discovered after the effective date of this Agreement, and such injuries were not and could not reasonably have been identified as of the effective date of this Agreement, and if such injuries render the provisions of this Agreement manifestly inadequate, the Government of the Marshall Islands may request that the Government of the United States provide for such injuries by submitting such a request to the Congress of the United States for its consideration. It is understood that this Article does not commit the Congress of the United States to authorize and appropriate funds.”; and
(2) section 3(a) of Article XIII of the agreement described in paragraph (1) provided that “The Government of the United States and the Government of the Marshall Islands shall consult at the request of either of them on matters relating to the provisions of this Agreement.”.
(d) United States appointees to Joint Economic Management and Financial Accountability Committee (1) In general The 2 United States appointees (which are composed of the United States chair and 1 other member from the Government of the United States) to the Joint Economic Management and Financial Accountability Committee established under section 214 of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall—
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal Government.
(2) Term; appointment The 2 United States members of the Committee described in paragraph (1) shall be appointed for a term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State, in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the Interior, in consultation with the Secretary of the Treasury.
(3) Reappointment A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(4) Qualifications At least 1 United States member of the Committee appointed under paragraph (2) shall be an individual who—
(A) by reason of knowledge, experience, or training, is especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and
(B) possesses not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics.
(5) Notice (A) In general Not later than 90 days after the date of appointment of a United States member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
(B) Requirement For purposes of a statement required under subparagraph (A), in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior.
(6) Reports to Congress Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(7) Notice to Congress Not later than 90 days after the date on which the Government of the Republic of the Marshall Islands submits to the Committee a report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(e) United States appointees to Trust Fund Committee (1) In general The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
(2) Term; appointment The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term not more than 5 years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the Interior.
(C) 1 member shall be appointed by the Secretary of the Treasury.
(3) Reappointment A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
(4) Qualifications Not fewer than 2 members of the Committee appointed under paragraph (2) shall be individuals who—
(A) by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics; and
(B) possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
(5) Notice (A) In general Not later than 90 days after the date of appointment of a United States Member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the appointee described in paragraph (4), subject to subparagraph (B).
(B) Requirement For purposes of a statement required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of the Treasury on request of the Secretary of the Interior.
(6) Reports to Congress Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(7) Notice to Congress Not later than 90 days after the date on which the Government of the Republic of the Marshall Islands submits to the Committee a report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(f) Four Atoll Health Care Program Congress reaffirms that—
(1) section 1903(j)(1) of this title and section 1921b(h)(1) of this title 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 95134 and Public Law 96205 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) section 1903(j)(2) of this title and section 1921b(h)(2) of this title 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.”; and
(3) section 1903(j)(3) of this title and section 1921b(h)(3) of this title 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.”.
(g) Radiological health care program Notwithstanding any other provision of law, on the request of the Government of the Republic of the Marshall Islands, the President (through an appropriate department or agency of the United States) shall continue to provide special medical care and logistical support for the remaining 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 Law 95134 (91 Stat. 1159) and Public Law 96205 (94 Stat. 84).
(h) Agricultural and food programs (1) In general Congress reaffirms that—
(A) section 1903(h)(2) of this title and section 1921b(f)(2)(A) of this title 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 without reimbursement, to continue the planting and agricultural maintenance program on Enewetak; without reimbursement, to continue the food programs of the Bikini, Rongelap, Utrik, 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) section 1903(h)(2) of this title and section 1921b(f)(2)(B) of this title provided that “The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs.”; and
(C) section 1903(h)(3) of this title and section 1921b(f)(3) of this title 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.”.
(2) Planting and agricultural maintenance program The Secretary of the Interior may provide grants to the Government of the Republic of the Marshall Islands to carry out a planting and agricultural maintenance program on Bikini, Enewetak, Rongelap, and Utrik.
(3) Food programs The Secretary of Agriculture may provide, without reimbursement, food programs to the people of the Republic of the Marshall Islands.
(Pub. L. 11842, div. G, title II, § 206, Mar. 9, 2024, 138 Stat. 427.)
## Notes
Editorial Notes
References in TextSection 209(j), referred to in subsec. (a)(2), means section 209(j) of title II of div. G of Pub. L. 11842. Public Law 95134, referred to in subsecs. (f)(1) and (g), is Pub. L. 95134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables. Public Law 96205, referred to in subsecs. (f)(1) and (g), is Pub. L. 96205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Tables.
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# 48 U.S.C. § 1986 - Agreements with and other provisions related to the Republic of Palau
## Text
(a) Bilateral economic consultations United States participation in the annual economic consultations referred to in Article 8 of the 2023 U.S.-Palau Compact Review Agreement shall be by officers or employees of the Federal Government.
(b) Economic Advisory Group (1) Qualifications A member of the Economic Advisory Group described in Article 7 of the 2023 U.S.-Palau Compact Review Agreement (referred to in this subsection as the “Advisory Group”) who is appointed by the Secretary of the Interior shall be an individual who, by reason of knowledge, experience, or training, is especially qualified in private sector business development, economic development, or national development.
(2) Funds With respect to the Advisory Group, the Secretary of the Interior may use available funds for—
(A) the costs of the 2 members of the Advisory Group designated by the United States in accordance with Article 7 of the 2023 U.S.-Palau Compact Review Agreement;
(B) 50 percent of the costs of the 5th member of the Advisory Group designated by the Secretary of the Interior in accordance with the Article described in subparagraph (A); and
(C) the costs of—
(i) technical and administrative assistance for the Advisory Group; and
(ii) other support necessary for the Advisory Group to accomplish the purpose of the Advisory Group.
(3) Reports to Congress Not later than 90 days after the date on which the Advisory Group receives or completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(c) Reports to Congress (1) In general Not later than 90 days after the date on which the Government of the Republic of Palau completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
(2) Notice to Congress Not later than 90 days after the date on which the Government of the Republic of Palau submits a report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or
(B) if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.
(Pub. L. 11842, div. G, title II, § 207, Mar. 9, 2024, 138 Stat. 433.)
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# 48 U.S.C. § 1987 - Oversight provisions
## Text
(a) Authorities and duties of the Comptroller General of the United States (1) In general The Comptroller General of the United States (including any duly authorized representative of the Comptroller General of the United States) shall have the authorities necessary to carry out the responsibilities of the Comptroller General of the United States under—
(A) the 2023 Amended U.S.-FSM Compact and related subsidiary agreements, including the authorities and privileges described in section 1921a(b) of this title;
(B) the 2023 Amended U.S.-RMI Compact and related subsidiary agreements, including the authorities and privileges described in section 1921b(k) of this title; and
(C) the 2023 U.S.-Palau Compact Review Agreement, related subsidiary agreements, and the authorities described in appendix D of the “Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association Section 432 Review” signed by the United States and the Republic of Palau on September 3, 2010.
(2) Reports Not later than 18 months after March 9, 2024, and every 4 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report with respect to the Freely Associated States, including addressing—
(A) the topics described in subparagraphs (A) through (E) of section 1921c(h)(1) of this title, except that for purposes of a report submitted under this paragraph, the report shall address those topics with respect to each of the Freely Associated States; and
(B) the effectiveness of administrative oversight by the United States of the Freely Associated States.
(b) Secretary of the Interior oversight authority The Secretary of the Interior shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the Compact of Free Association account of the Department of the Interior by section 1990(a) of this title to carry out—
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General oversight authority The Postmaster General shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the United States Postal Service under paragraph (1) of section 1990(b) of this title and deposited in the Postal Service Fund under paragraph (2)(A) of that section to carry out—
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.
(d) Interagency Group on Freely Associated States (1) Establishment The President, in consultation with the Secretary of State, the Secretary of the Interior, and the Secretary of Defense, shall establish an Interagency Group on Freely Associated States (referred to in this subsection as the “Interagency Group”).
(2) Purpose The purposes of the Interagency Group are—
(A) to coordinate development and implementation of executive branch policies, programs, services, and other activities in or relating to the Freely Associated States; and
(B) to provide policy guidance, recommendations, and oversight to Federal agencies, departments, and instrumentalities with respect to the implementation of—
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review Agreement.
(3) Membership The Interagency Group shall consist of—
(A) the Secretary of State, who shall serve as co-chair of the Interagency Group;
(B) the Secretary of the Interior, who shall serve as co-chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies, departments, and instrumentalities carrying out obligations under—
(i) sections 131 and 132 of the 2003 Amended U.S.-FSM Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-FSM Compact;
(ii) sections 131 and 132 of the 2003 Amended U.S.-RMI Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-RMI Compact;
(iii) sections 131 and 132 and subsections (a) and (b) of section 221 of the U.S.-Palau Compact;
(iv) Article 6 of the 2023 U.S.-Palau Compact Review Agreement;
(v) any applicable subsidiary agreement; and
(vi) section 1988 of this title; and
(F) the head of any other Federal agency, department, or instrumentality that the Secretary of State or the Secretary of the Interior may designate.
(4) Duties of Secretary of State and Secretary of the Interior The Secretary of State (or a senior official designee of the Secretary of State) and the Secretary of the Interior (or a senior official designee of the Secretary of the Interior) shall—
(A) co-lead and preside at a meeting of the Interagency Group not less frequently than annually;
(B) determine, in consultation with the Secretary of Defense, the agenda for meetings of the Interagency Group; and
(C) facilitate and coordinate the work of the Interagency Group.
(5) Duties of the Interagency Group The Interagency Group shall—
(A) provide advice on the establishment or implementation of policies relating to the Freely Associated States to the President, acting through the Office of Intergovernmental Affairs, in the form of a written report not less frequently than annually;
(B) obtain information and advice relating to the Freely Associated States from the Presidents, other elected officials, and members of civil society of the Freely Associated States, including through the members of the Interagency Group (including senior official designees of the members) meeting not less frequently than annually with any Presidents of the Freely Associated States who elect to participate;
(C) at the request of the head of any Federal agency (or a senior official designee of the head of a Federal agency) who is a member of the Interagency Group, promptly review and provide advice on a policy or policy implementation action affecting 1 or more of the Freely Associated States proposed by the Federal agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies, programs, initiatives, and activities involving 1 or more of the Freely Associated States, including ensuring coherence and avoiding duplication between programs, initiatives, and activities conducted pursuant to a Compact with a Freely Associated State and non-Compact programs, initiatives, and activities.
(6) Reports Not later than 1 year after March 9, 2024, and each year thereafter in which a Compact of Free Association with a Freely Associated State is in effect, the President shall submit to the majority leader and minority leader of the Senate, the Speaker and minority leader of the House of Representatives, and the appropriate committees of Congress a report that describes the activities and recommendations of the Interagency Group during the applicable year.
(e) Federal agency coordination The head of any Federal agency providing programs and services to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau shall coordinate with the Secretary of the Interior and the Secretary of State regarding the provision of the programs and services.
(f) Foreign loans or debt Congress reaffirms that—
(1) the foreign loans or debt of the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau shall not constitute an obligation of the United States; and
(2) the full faith and credit of the United States Government shall not be pledged for the payment and performance of any foreign loan or debt referred to in paragraph (1) without specific further authorization.
(g) Compact compilation Not later than 180 days after March 9, 2024, the Secretary of the Interior shall submit a report to the appropriate committees of Congress that includes a compilation of the Compact of Free Association with the Federated State of Micronesia, the Compact of Free Association with the Republic of Palau, and the Compact of Free Association with Republic of the Marshall Islands.
(h) Publication; Revision by Office of the Law Revision Counsel (1) Publication In publishing this title 11 See References in Text note below. in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of—
(A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI Compact.
(2) Revision by Office of the Law Revision Counsel The Office of the Law Revision Counsel is directed to revise—
(A) the 2003 Amended U.S.-FSM Compact set forth in the note following section 1921 of title 48 to reflect the amendments to the 2003 Amended U.S.-FSM Compact made by the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth in the note following section 1921 of title 48 to reflect the amendments to the 2003 Amended U.S.-RMI Compact made by the 2023 Agreement to Amend the U.S.-RMI Compact.
(Pub. L. 11842, div. G, title II, § 208, Mar. 9, 2024, 138 Stat. 434.)
## Notes
Editorial Notes
References in TextSection 1988 of this title, referred to in subsec. (d)(3)(E)(vi), was in the original “section 209”, meaning section 209 of title II of div. G of Pub. L. 11842, which is classified principally to section 1988 of this title. For complete classification of section 209 to the Code, see Codification note set out under section 1988 of this title and Tables. This title, referred to in subsec. (h)(1), is title II of div. G of Pub. L. 11842, Mar. 9, 2024, 138 Stat. 419, known as the Compact of Free Association Amendments Act of 2024, which is classified principally to this subchapter. For complete classification of title II to the Code, see Short Title of 2024 Amendment note set out under section 1901 of this title and Tables.
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# 48 U.S.C. § 1988 - United States policy regarding the Freely Associated States
## Text
(a) Authorization for veterans services (1) Definition of Freely Associated States In this subsection, the term “Freely Associated States” means—
(A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99239; 48 U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99239; 48 U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled “Joint Resolution to approve the Compact of Free Association between the United States and the Government of Palau, and for other purposes” (Public Law 99658; 48 U.S.C. 1931 note).
(2) , (3) Omitted
(4) Legal issues (A) Agreements to furnish care and services (i) In general Before delivering hospital care or medical services under subsection (f) of section 1724 of title 38, as added by paragraph (2)(B), the Secretary of Veterans Affairs, in consultation with the Secretary of State, shall enter into agreements with the governments of the Freely Associated States to—
(I) facilitate the furnishing of health services, including telehealth, under the laws administered by the Secretary of Veterans Affairs to veterans in the Freely Associated States, such as by addressing—
(aa) licensure, certification, registration, and tort issues relating to health care personnel;
(bb) the scope of health services the Secretary may furnish, as well as the means for furnishing such services; and
(cc) matters relating to delivery of pharmaceutical products and medical surgical products, including delivery of such products through the Consolidated Mail Outpatient Pharmacy of the Department of Veterans Affairs, to the Freely Associated States;
(II) clarify the authority of the Secretary of Veterans Affairs to pay for tort claims as set forth under subparagraph (C); and
(III) clarify authority and responsibility on any other matters determined relevant by the Secretary of Veterans Affairs or the governments of the Freely Associated States.
(ii) Scope of agreements The agreements described in clause (i) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary of Veterans Affairs in the Freely Associated States.
(iii) Report to Congress (I) In general Not later than 90 days after entering into an agreement described in clause (i), the Secretary of Veterans Affairs shall submit the agreement to the appropriate committees of Congress.
(II) Appropriate committees of Congress defined In this clause, the term “appropriate committees of Congress” means—
(aa) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Committee on Veterans Affairs of the Senate; and
(bb) the Committee on Natural Resources, the Committee on Foreign Affairs, and the Committee on Veterans Affairs of the House of Representatives.
(B) Omitted
(C) Payment of claims The Secretary of Veterans Affairs may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in the Freely Associated States in connection with furnishing hospital care or medical services or providing medical consultation or medical advice to a veteran under the laws administered by the Secretary, including through a remote or telehealth program.
(5) Outreach and assessment of options During the 1-year period beginning on March 9, 2024, the Secretary of Veterans Affairs shall, subject to the availability of appropriations—
(A) conduct robust outreach to, and engage with, each government of the Freely Associated States;
(B) assess options for the delivery of care through the use of authorities provided pursuant to the amendments made by this subsection; and
(C) increase staffing as necessary to conduct outreach under subparagraph (A).
(b) Authorization of education programs (1) Eligibility For fiscal year 2024 and each fiscal year thereafter, the Government of the United States shall—
(A) continue to make available to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, grants for services to individuals eligible for such services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) to the extent that those services continue to be available to individuals in the United States;
(B) continue to make available to the Federated States of Micronesia and the Republic of the Marshall Islands and make available to the Republic of Palau, competitive grants under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), and part D of the Individuals with Disabilities Education Act (20 U.S.C. 1450 et seq.), to the extent that those grants continue to be available to State and local governments in the United States;
(C) continue to make grants available to the Republic of Palau under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
(D) continue to make available to eligible institutions of higher education in the Republic of Palau and make available to eligible institutions of higher education in the Federated States of Micronesia and the Republic of the Marshall Islands and to students enrolled in those institutions of higher education, and to students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and enrolled in institutions of higher education in the United States and territories of the United States, grants under—
(i) subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.);
(ii) subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.); and
(iii) part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 108751 et seq.);
(E) require, as a condition of eligibility for a public institution of higher education in any State (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) that is not a Freely Associated State to participate in or receive funds under any program under title IV of such Act (20 U.S.C. 1070 et seq.), that the institution charge students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau tuition for attendance at a rate that is not greater than the rate charged for residents of the State in which such public institution of higher education is located; and
(F) continue to make available, to eligible institutions of higher education, secondary schools, and nonprofit organizations in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, competitive grants under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(2) Other formula grants Except as provided in paragraph (1), the Secretary of Education shall not make a grant under any formula grant program administered by the Department of Education to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.
(3) to (6) Omitted
(7) Coordination required The Secretary of the Interior, in coordination with the Secretary of Education and the Secretary of Health and Human Services, as applicable, shall, to the maximum extent practicable, coordinate with the 3 United States appointees to the Joint Economic Management Committee described in section 1984(b)(1) of this title and the 2 United States appointees to the Joint Economic Management and Financial Accountability Committee described in section 1985(d)(1) of this title to avoid duplication of economic assistance for education provided under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of activities or services provided under—
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 108751 et seq.).
(c) Authorization of Department of Defense programs (1) Department of defense 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, the Republic of the Marshall Islands, and the Republic of Palau, 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 (as defined in section 1921c(e)(2) of this title).
(2) Participation by secondary schools in the Armed Services Vocational Aptitude Battery Student Testing Program It is the sense of Congress that the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program and the ASVAB Career Exploration Program to selected secondary schools in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the extent such programs are available to Department of Defense dependent secondary schools established under section 2164 of title 10 and located outside the United States.
(d) Judicial training In addition to amounts provided under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1 of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal years 2024 through 2043, the Secretary of the Interior shall use the amounts made available to the Secretary of the Interior under section 1990(c) of this title to train judges and officials of the judiciary in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, in cooperation with the Pacific Islands Committee of the judicial council of the ninth judicial circuit of the United States.
(e) Eligibility for the Republic of Palau (1) National Health Service Corps The Secretary of Health and Human Services shall make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the same extent, and for the same duration, as services are authorized to be provided to persons residing in any other areas within or outside the United States.
(2) Additional programs and services The Republic of Palau shall be eligible for the programs and services made available to the Federated States of Micronesia and the Republic of the Marshall Islands under section 1921g(a) of this title.
(3) Programs and services of certain agencies In addition to the programs and services set forth in the operative Federal Programs and Services Agreement between the United States and the Republic of Palau, the programs and services of the following agencies shall be made available to the Republic of Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) Omitted
(g) Consultation with International Financial Institutions The Secretary of the Treasury, in coordination with the Secretary of the Interior and the Secretary of State, shall consult with appropriate officials of the Asian Development Bank and relevant international financial institutions (as defined in section 262r(c) of this title), as appropriate, with respect to overall economic conditions in, and the activities of other providers of assistance to, the Freely Associated States.
(h) Omitted
(i) Establishment of a unit for the Freely Associated States in the Bureau of East Asian and Pacific Affairs of the Department of State and increasing personnel focused on Oceania (1) Definition of appropriate congressional committees In this subsection, the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2) Requirements The Secretary of State shall—
(A) assign additional full-time equivalent personnel to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs of the Department of State, including to the unit established under subparagraph (B), as the Secretary of State determines to be appropriate, in accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian and Pacific Affairs of the Department of State to carry out the functions described in paragraph (3).
(3) Functions of unit The unit established under paragraph (2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations with the Freely Associated States.
(B) Supporting the Secretary of State in leading negotiations relating to the Compacts of Free Association with the Freely Associated States.
(C) Coordinating, in consultation with the Department of the Interior, the Department of Defense, and other interagency partners as appropriate, implementation of the Compacts of Free Association with the Freely Associated States.
(4) Full-time equivalent employees The Secretary of State shall—
(A) not later than 5 years after March 9, 2024, assign to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs, including to the unit established under paragraph (2)(B), not less than 4 additional full-time equivalent staff, who shall not be dual-hatted, including by considering—
(i) the use of existing flexible hiring authorities, including Domestic Employees Teleworking Overseas (DETOs); and
(ii) the realignment of existing personnel, including from the United States Mission in Australia, as appropriate;
(B) reduce the number of vacant foreign service positions in the Pacific Island region by establishing an incentive program within the Foreign Service for overseas positions related to the Pacific Island region; and
(C) report to the appropriate congressional committees on progress toward objectives outlined in this subsection beginning 1 year from March 9, 2024, and annually thereafter for 5 years.
(j) Omitted
(k) Continuing Trust Territory authorization The authorization provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall remain available after the effective date of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact with respect to the Federated States of Micronesia and the Republic of the Marshall Islands for transition purposes, including—
(1) completion of projects and fulfillment of commitments or obligations;
(2) termination of the Trust Territory Government and termination of the High Court;
(3) health and education as a result of exceptional circumstances;
(4) ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and
(5) technical assistance and training in financial management, program administration, and maintenance of infrastructure.
(l) Omitted
(Pub. L. 11842, div. G, title II, § 209, Mar. 9, 2024, 138 Stat. 438.)
## Notes
Editorial Notes
References in TextFor the amendments made by this subsection, referred to in subsec. (a)(5)(B), see Codification note below. The Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(A), (B), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175. Parts B and D of the Act are classified generally to subchapters II (§ 1411 et seq.) and IV (§ 1450 et seq.), respectively, of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1)(B), (C), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of Title 20, Education. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(1)(B), (C), is Pub. L. 88210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Adult Education and Family Literacy Act, referred to in subsec. (b)(1)(C), is title II of Pub. L. 113128, July 22, 2014, 128 Stat. 1608, which is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Higher Education Act of 1965, referred to in subsec. (b)(1)(D) to (F), (7)(B), (C), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20. Subparts 1 and 3 of part A of title IV of the Act are classified generally to subparts 1 (§ 1070a et seq.) and 3 (§ 1070b et seq.), respectively, of part A of subchapter IV of chapter 28 of Title 20. Part C of title IV of the Act is classified generally to part C (§ 108751 et seq.) of subchapter IV of chapter 28 of Title 20. For complete classification of this Act to the Code, see section 1 of Pub. L. 89329, set out as a Short Title note under section 1001 of Title 20 and Tables. The Head Start Act, referred to in subsec. (b)(7)(A), is subchapter B of chapter 8 of subtitle A of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
Codification Section is comprised of section 209 of title II of div. G of Pub. L. 11842. Subsec. (a)(2), (3) of such section 209 amended sections 1724 and 111 of Title 38, Veterans Benefits. Subsec. (a)(4)(B) of such section 209 amended section 1730C of Title 38. Subsec. (b)(3), (4) of such section 209 amended sections 1411, 6331, and 7801 of Title 20, Education. Subsecs. (b)(5), (h), and (j) of such section 209 amended section 1921d of this title. Subsec. (b)(6) of such section 209 amended sections 9832 and 9835 of Title 42, The Public Health and Welfare. Subsec. (f) of such section 209 amended sections 1612, 1613, and 1641 of Title 8, Aliens and Nationality. Subsec. (l) of such section 209 amended section 201 of Title 42 and section 1921c of this title.
@@ -0,0 +1,109 @@
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# 48 U.S.C. § 1989 - Additional authorities
## Text
(a) Agencies, departments, and instrumentalities (1) In general Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall be made directly to the Federal agencies, departments, and instrumentalities carrying out the obligations, services and programs.
(2) Obligations, services, and programs described The obligations, services, and programs referred to in paragraphs (1) and (3) are the obligations, services, and programs under—
(A) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3), and (4) of section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review Agreement;
(E) with respect to the Federal Deposit Insurance Corporation, any applicable Federal programs and services agreement between the United States and the Republic of Palau; and
(F) section 1988 of this title.
(3) Authority The heads of the Federal agencies, departments, and instrumentalities to which appropriations are made available under paragraph (1) as well as the Federal Deposit Insurance Corporation shall—
(A) have the authority to carry out any activities that are necessary to fulfill the obligations, services, and programs described in paragraph (2); and
(B) use available funds to carry out the activities under subparagraph (A).
(b) Additional assistance Any assistance provided pursuant to section 1921d(j) of this title (as amended by section 209(j)) and sections 1984(a), 1985(a), 1986(b), and 1988 of this title shall be in addition to and not charged against any amounts to be paid to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau pursuant to—
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining balances Notwithstanding any other provision of law, including section 109 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(1) remaining balances appropriated to carry out sections 211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, shall be programmed pursuant to Article IX of the 2023 U.S.-FSM Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections 211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be programmed pursuant to Article XI of the 2023 U.S.-RMI Fiscal Procedures Agreement.
(d) Grants Notwithstanding any other provision of law—
(1) contributions under the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact may be provided as grants for purposes of implementation of the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact under the laws of the United States; and
(2) funds appropriated pursuant to section 1990 of this title may be deposited in interest-bearing accounts and any interest earned may be retained in and form part of those accounts for use consistent with the purpose of the deposit.
(e) Rule of construction Except as specifically provided, nothing in this subchapter or the amendments made by this title 11 See References in Text note below. amends the following:
(1) Title I of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 11591).
(5) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 (Public Law 115141; 132 Stat. 635).
(f) Clarification relating to appropriated funds Notwithstanding section 109 of the Compacts 22 So in original. Probably should be “Compact”. of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(1) funds appropriated by that section and deposited into the RMI Compact Trust Fund shall be governed by the 2023 U.S.-RMI Trust Fund Agreement on entry into force of the 2023 U.S.-RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into the FSM Compact Trust Fund shall be governed by the 2023 U.S.-FSM Trust Fund Agreement on entry into force of the 2023 U.S.-FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 211(b) of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement;
(4) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as modified in the Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands; and
(5) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-FSM Amended Compact shall be subject to the provisions of the 2023 U.S.-FSM Fiscal Procedures Agreement on entry into force of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as modified in the 2023 U.S.-FSM Federal Programs and Services Agreement.
(Pub. L. 11842, div. G, title II, § 210, Mar. 9, 2024, 138 Stat. 448; Pub. L. 11883, div. B, title I, § 110(b)(2), Sept. 26, 2024, 138 Stat. 1536.)
## Notes
Editorial Notes
References in TextSection 1988 of this title, referred to in subsecs. (a)(2)(F) and (b), was in the original a reference to section “209”, meaning section 209 of title II of div. G of Pub. L. 11842, which is classified principally to section 1988 of this title. For complete classification of section 209 to the Code, see Codification note set out under section 1988 of this title and Tables. Section 209(j), referred to in subsec. (b), means section 209(j) of title II of div. G of Pub. L. 11842. This subchapter, referred to in subsec. (e), was in the original “this title”, meaning title II of div. G of Pub. L. 11843, Mar. 9, 2024, 138 Stat. 419, known as the Compact of Free Association Amendments Act of 2024, which is classified principally to this subchapter. For complete classification of title II to the Code, see Short Title of 2024 Amendment note set out under section 1901 of this title and Tables. The amendments made by this title, referred to in subsec. (e), are the amendments made by title II of div. G of Pub. L. 11842, Mar. 9, 2024, 138 Stat. 419. For complete classification of title II to the Code, see Short Title of 2024 Amendment note set out under section 1901 of this title and Tables. The Compact of Free Association Act of 1985, referred to in subsec. (e)(1), is Pub. L. 99239, Jan. 14, 1986, 99 Stat. 1770. Title I of the Act is classified generally to part A (§ 1901 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Title I of Public Law 99658, referred to in subsec. (e)(2), is title I of Pub. L. 99658, Nov. 14, 1986, 100 Stat. 3673, which is classified principally to part A (§ 1931 et seq.) of subchapter II of this chapter. For complete classification of title I to the Code, see Tables. The Compact of Free Association Amendments Act of 2003, referred to in subsec. (e)(3), is Pub. L. 108188, Dec. 17, 2003, 117 Stat. 2720. Title I of the Act is classified principally to part B (§ 1921 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables. Section 1259C of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (e)(4), is section 1259C of Pub. L. 11591, which amended section 1921d of this title and enacted provisions set out as a note under section 1931 of this title. The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(5), is div. G of Pub. L. 115141, Mar. 23, 2018, 132 Stat. 635. For complete classification of this Act to the Code, see Tables.
Amendments2024—Subsec. (a)(2)(E), (F). Pub. L. 11883 added subpar. (E) and redesignated former subpar. (E) as (F).
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# 48 U.S.C. § 1990 - Compact appropriations
## Text
(a) Funding for activities of the Secretary of the Interior For the period of fiscal years 2024 through 2043, there are appropriated to the Compact of Free Association account of the Department of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, the amounts described in and to carry out the purposes of—
(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI Compact; and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact Review Agreement.
(b) Funding for activities of the United States Postal Service (1) Appropriation There is appropriated to the United States Postal Service, out of any funds in the Treasury not otherwise appropriated for each of fiscal years 2024 through 2043, $31,700,000, to remain available until expended, to carry out the costs of the following provisions that are not otherwise funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.
(2) Deposit (A) In general The amounts appropriated to the United States Postal Service under paragraph (1) shall be deposited into the Postal Service Fund established under section 2003 of title 39 to carry out the provisions described in that paragraph.
(B) Requirement Any amounts deposited into the Postal Service Fund under subparagraph (A) shall be the fiduciary, fiscal, and audit responsibility of the Postal Service.
(c) Funding for Judicial training There is appropriated to the Secretary of the Interior to carry out section 1988(d) of this title out of any funds in the Treasury not otherwise appropriated, $550,000 for each of fiscal years 2024 through 2043, to remain available until expended.
(d) Treatment of previously appropriated amounts The total amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands under subsection (a) shall be reduced by amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands, as applicable, under section 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 11815; 137 Stat. 81) (as amended by section 101 of division B of the Further Continuing Appropriations and Other Extensions Act, 2024 (Public Law 11822; 137 Stat. 114) and section 201 of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 11835; 138 Stat. 7)).
(Pub. L. 11842, div. G, title II, § 211, Mar. 9, 2024, 138 Stat. 450.)
## Notes
Editorial Notes
References in TextSection 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act, referred to in subsec. (d), is section 2101(a) of Pub. L. 11815, div. B, title I, Sept. 30, 2023, 127 Stat. 81, which is not classified to the Code.