[Congressional Record: October 28, 2003 (House)]
[Page H9848-H9888]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr28oc03-98]
COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003
Mr. LEACH. Madam Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 63) to approve the ``Compact of Free
Association, as amended between the Government of the United States of
America and the Government of the Federated States of Micronesia'', and
the ``Compact of Free Association, as amended between the Government of
the United States of America and the Government of the Republic of the
Marshall Islands'', and otherwise to amend Public Law 99-239, and to
appropriate for the purposes of amended Public Law 99-239 for fiscal
years ending on or before September 30, 2023, and for other purposes,
as amended.
[ ... ]
(b) Immigration and Passport Security.--
(1) Naturalized citizens.--The rights of a bona fide
naturalized citizen of the Federated States of Micronesia or
the Republic of the Marshall Islands to enter the United
States, to lawfully engage therein in occupations, and to
establish residence therein as a nonimmigrant, to the extent
such rights are provided under section 141 of the U.S.-FSM
Compact and U.S.-RMI Compact, shall not be deemed to extend
to any such naturalized citizen with respect to whom
circumstances associated with the acquisition of the status
of a naturalized citizen are such as to allow a reasonable
inference, on the part of appropriate officials of the United
States and subject to United States procedural requirements,
that such naturalized status was acquired primarily in order
to obtain such rights.
(2) Passports.--It is the intent 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 the
intent of Congress that 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 appropriate
security enhancements.
(3) Information-sharing.--It is the intent of Congress that
the governments of the Federated States of Micronesia and the
Republic of the Marshall Islands develop, prior to October 1,
2004, the capability to provide reliable and timely
information as may reasonably be required by the Government
of the United States in enforcing criminal and security-
related grounds of inadmissibility and deportability under
the Immigration and Nationality Act, as amended, and shall
provide such information to the Government of the United
States.
(4) Transition; construction of sections 141(a)(3) and
141(a)(4) of the u.s.-fsm compact and u.s.-rmi compact.--The
words ``the effective date of this Compact, as amended'' in
sections 141(a)(3) and 141(a)(4) of the U.S.-FSM Compact and
the U.S.-RMI Compact shall be construed to read, ``on the day
prior to the enactment by the United States Congress of the
Amended Compact Act.''.
(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 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, the 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 Compacts on Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, and American
Samoa; Related Authorization and Continuing Appropriation.--
(1) Reconciliation of unreimbursed impact expenses.--
(A) In general.--Notwithstanding any other provision of
law, the President, to address previously accrued and
unreimbursed impact expenses, may at the request of the
Governor of Guam or the Governor of the Commonwealth of the
Northern Mariana Islands, reduce, release, or waive all or
part of any amounts owed by the Government of Guam or the
Government of the Commonwealth of the Northern Mariana
Islands (or either government's autonomous agencies or
instrumentalities), respectively, to any department, agency,
independent agency, office, or instrumentality of the United
States.
(B) Terms and conditions.--
(i) Substantiation of impact costs.--Not later than 120
days after the date of the enactment of this resolution, the
Governor of Guam and the Governor of the Commonwealth of the
Northern Mariana Islands shall each submit to the Secretary
of the Interior a report, prepared in consultation with an
independent accounting firm, substantiating unreimbursed
impact expenses claimed for the period from January 14, 1986,
through September 30, 2003. Upon request of the Secretary of
the Interior, the Governor of Guam and the Governor of the
Commonwealth of the Northern Mariana Islands shall each
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.
[[Page H9854]]
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.
(2) Statement of congressional intent.--In approving the
Compacts, it is not the intent of the Congress to cause any
adverse consequences for Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, and American
Samoa.
(3) Annual reports and recommendations.--One year after the
date of enactment of this joint resolution, and at one year
intervals thereafter, the Governors of Guam, the State of
Hawaii, the Commonwealth of the Northern Mariana Islands, and
American Samoa may provide to the Secretary of the Interior
by February 1 of each year their comments with respect to the
impacts of the Compacts on their respective jurisdiction. The
Secretary of the Interior, upon receipt of any such comments,
shall report to the Congress not later than May 1 of each
year to include the following:
(A) The Governor's comments on the impacts of the Compacts
as well as the Administration's analysis of such impact.
(B) Any adverse consequences resulting from the Compacts
and recommendations for corrective action to eliminate those
consequences.
(C) Matters relating to trade, taxation, immigration, labor
laws, minimum wages, health, educational, social, and public
safety services and infrastructure, and environmental
regulation.
(D) 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.
(E) 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 Republic of
the Marshall Islands.
(4) Commitment of congress to redress adverse
consequences.--The Congress hereby declares that, if any
adverse consequences to Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, or American
Samoa result from implementation of the Compacts, the
Congress will act sympathetically and expeditiously to
redress those adverse consequences.
(5) Qualified nonimmigrant.--For the purposes of this
section, the term ``qualified nonimmigrant'' means person
admitted to the United States pursuant to:
(A) section 141 of the Compact of Free Association between
the United States and the Government of the Federated States
of Micronesia set forth in Title I;
(B) section 141 of the Compact of Free Association between
the United States and the Government of the Republic of the
Marshall Islands set forth in Title I; or
(C) section 141 of the Compact of Free Association between
the United States and the Government of the Republic of
Palau.
(6) Authorization and continuing appropriation.--There are
hereby authorized and appropriated to the Secretary of the
Interior, for each fiscal year beginning after September 30,
2003 through 2023, $30,000,000 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, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, or American
Samoa of qualified nonimmigrants from the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.
(A) Awarding.--The grants shall be--
(i) 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
(ii) used only for health, educational, social, or public
safety services, or infrastructure related to such services,
specifically affected by qualified nonimmigrants.
(B) Enumeration.--For purposes of carrying out this
section, the Secretary of the Interior shall provide for a
periodic census of qualified nonimmigrants in Guam, the State
of Hawaii, the Commonwealth of the Northern Mariana Islands,
and American Samoa. The enumeration--
(i) shall be provided by the Secretary of the Interior
beginning in fiscal year 2004 and thereafter in calendar
years 2005, 2010, 2015, and 2020;
(ii) shall be supervised by the United States Bureau of the
Census and any other supporting organization(s) as the
Secretary of the Interior may select; and
(iii) after fiscal year 2003, shall be funded by the
Secretary of the Interior by deducting such sums as are
necessary from funds appropriated pursuant to the
authorization contained in paragraph (6) of this subsection.
(C) Allocation.--The Secretary of the Interior shall
allocate to each of the governments of Guam, the State of
Hawaii, the Commonwealth of the Northern Mariana Islands, and
American Samoa, 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 (6) of
this subsection, as reduced by any deductions authorized by
subparagraph (iii) of subparagraph (B) of paragraph (6) 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 the governments of Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa.
(7) Authorization of appropriations for grants.--There are
hereby authorized to the Secretary of the Interior for each
of fiscal years 2004 through 2023 such sums as may be
necessary for grants to the governments of Guam, the State of
Hawaii, the Commonwealth of the Northern Mariana Islands, and
American Samoa, as a result of increased demands placed on
educational, social, or public safety services or
infrastructure related to service due to the presence in
Guam, Hawaii, the Commonwealth of the Northern Mariana
Islands, and American Samoa of qualified nonimmigrants from
the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.
(8) Authorization of appropriations for the reimbursement
of health care services.--
(A) Authorization.--In addition to amounts appropriated
pursuant to the authorization provided in section 221(b) of
Article II of Title Two of the U.S.-FSM Compact and the U.S.-
RMI Compact, there are hereby authorized to be appropriated
to the Secretary of the Interior such sums as may be
necessary to reimburse designated health care providers for
qualifying health care costs for medical debt referral claims
for health care services furnished before October 1, 2003.
(B) Designated health care providers.--For purposes of
subparagraph (A), the term ``designated health care
provider'' means an institutional provider of health care
services (such as a public or private hospital) located in
Hawaii, Guam, the Commonwealth of the Northern Mariana
Islands, or American Samoa.
(C) Qualifying health care costs.--For purposes of
subparagraph (A), the term ``qualifying health care costs''
means costs that the Secretary determines are incurred by a
designated health care provider for health care services
furnished in Hawaii, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa (as the case may be) to a
citizen of the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of Palau
pursuant to medical referral programs in the Federated States
of Micronesia and the Republic of the Marshall Islands.
(9) 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, 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, and the Republic of Palau.
(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.
(f) Sense of Congress Concerning Funding of Public
Infrastructure.--It is the sense of Congress that--
(1) 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 in accordance with
the list of specific projects included in the plan described
in section 211(a)(6)(i) and for maintenance in accordance
with section 211(a)(6)(ii); and
(2) 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 used for infrastructure
improvement and maintenance in accordance with section
211(d).
(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
Republic of the Marshall Islands.
(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
[[Page H9855]]
thereafter, the President shall submit a report to Congress
regarding the Federated States of Micronesia and the Republic
of the Marshall Islands. The report shall include, at a
minimum, the following with regard 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
and program assistance.
(C) The status of economic policy reforms in the Federated
States of Micronesia and the Republic of the Marshall
Islands.
(D) The status of the efforts by the Federated States of
Micronesia and the Republic of the Marshall Islands to
attract foreign investment and to increase indigenous
business activity.
(E) Recommendations on ways to increase the effectiveness
of United States assistance.
(2) Review.--During the year of the fifth and fifteenth
anniversaries of the date of enactment of this resolution,
the Government of the United States shall review the terms of
the respective Compacts and shall consider the overall nature
and development of the U.S.-FSM and U.S.-RMI relationships.
In these reviews, the Government of the United States shall
consider the operating requirements of the Government of the
Federated States of Micronesia and the Govermment 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 the
findings resulting from the reviews, and any recommendations
for actions to respond to such findings, in the annual
reports to Congress for the years following the reviews.
(3) By the comptroller general.--Not later than the date
that is 3 years after the date of enactment of this joint
resolution, and every 5 years thereafter, the Comptroller
General of the United States shall submit to Congress a
report on the Federated States of Micronesia and the Republic
of the Marshall Islands, including the topics set forth in
paragraph (1) and the effectiveness of administrative
oversight by the United States.
(i) Construction of Section 141(f).--Section 141(f)(2) of
the Compact of Free Association 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
between the Government of the United States of America and
the Government of the Republic of the Marshall Islands, shall
be construed as though ``, 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'' was inserted after ``may by
regulations prescribe''.
SEC. 105. SUPPLEMENTAL PROVISIONS.
(a) Domestic Program Requirements.--Except as may otherwise
be provided in this joint resolution, all United States
Federal programs and services extended to or operated in the
Federated States of Micronesia or the Republic of the
Marshall Islands are and shall remain subject to all
applicable criteria, standards, reporting requirements,
auditing procedures, and other rules and regulations
applicable to such programs when operating in the United
States (including its territories and commonwealths).
(b) Relations With the Federated States of Micronesia and
the Republic of the Marshall Islands.--
(1) Appropriations made pursuant to Article I of Title Two
and subsection (a)(2) of section 221 of Article II of Title
Two of the U.S.-FSM Compact and the U.S.-RMI Compact shall be
made to the Secretary of the Interior, who shall have the
authority necessary to fulfill his responsibilities for
monitoring and managing the funds so appropriated consistent
with the U.S.-FSM Compact and the U.S.-RMI Compact, including
the agreements referred to in section 462(b)(4) of the U.S.-
FSM Compact and U.S.-RMI Compact (relating to Fiscal
Procedures) and the agreements referred to in section
462(b)(5) of the U.S.-FSM Compact and the U.S.-RMI Compact
(regarding the Trust Fund).
(2) Appropriations made pursuant to subsections (a)(1) and
(a)(3) through (6) of section 221 of Article II of Title Two
of the U.S.-FSM Compact and subsection (a)(1) and (a)(3)
through (5) of the U.S.-RMI Compact shall be made directly to
the agencies named in those subsections.
(3) Appropriations for services and programs referred to in
subsection (b) of section 221 of Article II of Title Two of
the U.S.-FSM Compact or U.S.-RMI Compact and appropriations
for services and programs referred to in sections 105(f) and
108(a) of this joint resolution shall be made to the relevant
agencies in accordance with the terms of the appropriations
for such services and programs.
(4) Federal agencies providing programs and services to the
Federated States of Micronesia and the Republic of the
Marshall Islands shall coordinate with the Secretaries of the
Interior and State regarding provision of such programs and
services. The Secretaries of the Interior and State shall
consult with appropriate officials of the Asian Development
Bank and with the Secretary of the Treasury regarding overall
economic conditions in the Federated States of Micronesia and
the Republic of the Marshall Islands and regarding the
activities of other donors of assistance to the Federated
States of Micronesia and the Republic of the Marshall
Islands.
(5) United States Government employees in either the
Federated States of Micronesia or the Republic of the
Marshall Islands are subject to the authority of the United
States Chief of Mission, including as elaborated in section
207 of the Foreign Service Act and the President's Letter of
Instruction to the United States Chief of Mission and any
order or directive of the President in effect from time to
time.
(6)(A) The President is hereby authorized to appoint an
Interagency Group on Freely Associated States' Affairs to
provide policy guidance and recommendations on implementation
of the U.S.-FSM Compact and the U.S.-RMI Compact to Federal
departments and agencies.
(B) It is the sense of Congress that the Secretary of State
and the Secretary of the Interior should be represented on
the Interagency Group.
(7)(A)(i) The three United States appointees (United States
chair plus two members) to the Joint Economic Management
Committee provided for in section 213 of the U.S.-FSM Compact
and Article III of the U.S.-FSM Fiscal Procedures Agreement
referred to in section 462(b)(4) of the U.S.-FSM Compact
shall be United States Government officers or employees.
(ii) It is the sense of Congress that at least one
appointee each should be designated from both the Department
of State and the Department of the Interior.
(iii) Section 213 of the U.S.-FSM Compact shall be
construed to read as though the phrase, ``and on the
implementation of economic policy reforms designed to
encourage private sector investment,'' were inserted after
``with particular focus on those parts of the plan dealing
with the sectors identified in subsection (a) of section
211''.
(B)(i) The three United States appointees (United States
chair plus two members) to the Joint Economic Management and
Financial Accountability Committee provided for in section
214 of the U.S.-RMI Compact and Article III of the U.S.-RMI
Fiscal Procedures Agreement referred to in section 462(b)(4)
of the U.S.-RMI Compact shall be United States Government
officers or employees.
(ii) It is the sense of Congress that at least one
appointee each should be designated from both the Department
of State and the Department of the Interior.
(iii) Section 214 of the U.S.-RMI Compact shall be
construed to read as though the phrase, ``and on the
implementation of economic policy reforms designed to
encourage private sector investment,'' were inserted after
``with particular focus on those parts of the framework
dealing with the sectors and areas identified in subsection
(a) of section 211''.
(8) It is the sense of Congress that the Secretary of State
and the Secretary of the Interior shall assure that there are
personnel resources committed in the appropriate numbers and
locations to ensure effective oversight of United States
financial and program assistance.
(9) The United States voting members (United States chair
plus two or more members) of the Trust Fund Committee
appointed by the Government of the United States pursuant to
Article 7 of the Trust Fund Agreement implementing section
215 of the U.S.-FSM Compact and referred to in section
462(b)(5) of the U.S.-FSM Compact and any alternates
designated by the Government of the United States shall be
United States Government officers or employees. The United
States voting members (United States chair plus two or more
members) of the Trust Fund Committee appointed by the
Government of the United States pursuant to Article 7 of the
Trust Fund Agreement implementing section 216 of the U.S.-RMI
Compact and referred to in section 462(b)(5) of the U.S.-RMI
Compact and any alternates designated by the Government of
the United States shall be United States Government officers
or employees. It is the sense of Congress that at least one
appointee each should be designated from both the Department
of State and the Department of the Interior.
(10) The Trust Fund Committee provided for in Article 7 of
the U.S.-FSM Trust Fund Agreement implementing section 215 of
the U.S.-FSM Compact shall be a non-profit corporation
incorporated under the laws of the District of Columbia. To
the extent that any law, rule, regulation or ordinance of the
District of Columbia, or of any State or political
subdivision thereof in which the Trust Fund Committee is
incorporated or doing business, impedes or otherwise
interferes with the performance of the functions of the Trust
Fund Committee pursuant to this joint resolution, such law,
rule, regulation, or ordinance shall be deemed to be
preempted by this joint resolution. The Trust Fund Committee
provided for in Article 7 of the U.S.-RMI Trust Fund
Agreement implementing section 216 of the U.S.-RMI Compact
shall be a non-profit corporation incorporated under the laws
of the District of Columbia. To the extent that any law,
rule, regulation or ordinance of the District of Columbia, or
of any State or political subdivision thereof in which the
Trust Fund Committee is incorporated or doing business,
impedes or otherwise interferes with the performance of the
functions of the Trust Fund Committee pursuant to this joint
resolution, such law, rule, regulation, or ordinance shall
[[Page H9856]]
be deemed to be preempted by this joint resolution.
(c) Judicial Training.--(1) In addition to amounts provided
under section 211(a)(4) of the U.S.-FSM Compact and the U.S.-
RMI Compact, the President shall annually provide $200,000 to
the Government of the Federated States of Micronesia and
$100,000 to the Government of the Republic of the Marshall
Islands to provide training for judges and officials of the
judiciary.
(2) There is hereby authorized and appropriated to the
Secretary of the Interior, out of any funds in the Treasury
not otherwise appropriated, to remain available until
expended, for each fiscal year from 2004 through 2023,
$300,000, as adjusted for inflation under section 217 of the
U.S.-FSM Compact and section 218 of the U.S.-RMI Compact, to
carry out the purposes of this section.
(d) Continuing Trust Territory Authorization.--The
authorization provided by the Act of June 30, 1954, as
amended (68 Stat. 330) shall remain available after the
effective date of the Compact with respect to the Federated
States of Micronesia and the Republic of the Marshall Islands
for the following purposes:
(1) Prior to October 1, 1986, for any purpose authorized by
the Compact or the joint resolution of January 14, 1986
(Public Law 99-239).
(2) Transition purposes, including but not limited to,
completion of projects and fulfillment of commitments or
obligations; termination of the Trust Territory Government
and termination of the High Court; health and education as a
result of exceptional circumstances; ex gratia contributions
for the populations of Bikini, Enewetak, Rongelap, and Utrik;
and technical assistance and training in financial
management, program administration, and maintenance of
infrastructure, except that, for purposes of an orderly
reduction of United States programs and services in the
Federated States of Micronesia, the Marshall Islands, and the
Republic of 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:
(A) For fiscal year 1987, an amount not to exceed 75 per
centum of the total amount appropriated for such programs for
fiscal year 1986.
(B) For fiscal year 1988, an amount not to exceed 50 per
centum of the total amount appropriated for such programs for
fiscal year 1986.
(C) For fiscal year 1989, an amount not to exceed 25 per
centum of the total amount appropriated for such programs for
fiscal year 1986.
(e) Survivability.--In furtherance of the provisions of
Title Four, Article V, sections 452 and 453 of the U.S.-FSM
Compact and the U.S.-RMI Compact, any provisions of the U.S.-
FSM Compact or the U.S.-RMI Compact which remain effective
after the termination of the U.S.-FSM Compact or U.S.-RMI
Compact by the act of any party thereto and which are
affected in any manner by provisions of this title shall
remain subject to such provisions.
(f) Noncompliance Sanctions; Actions Incompatible With
United States Authority.--The Congress expresses its
understanding that the Governments of the Federated States of
Micronesia and the Republic of the Marshall Islands will not
act in a manner incompatible with the authority and
responsibility of the United States for security and defense
matters in or related to the Federated States of Micronesia
or the Republic of the Marshall Islands pursuant to the U.S.-
FSM Compact or the U.S.-RMI Compact, including the agreements
referred to in sections 462(a)(2) of the U.S.-FSM Compact and
462(a)(5) of the U.S.-RMI Compact. 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 U.S.-FSM Compact or U.S.-RMI
Compact. The Government of the United States reserves the
right in the event of such a material breach of the U.S.-FSM
Compact by the Government of the Federated States of
Micronesia or the U.S.-RMI Compact by the Government of the
Republic of the Marshall Islands to take action, including
(but not limited to) the suspension in whole or in part of
the obligations of the Government of the United States to
that Government.
(g) Continuing Programs and Laws.--
(1) Federated states of micronesia and republic of the
marshall islands.--In addition to the programs and services
set forth in section 221 of the Compact, and pursuant to
section 222 of the Compact, the programs and services of the
following agencies shall be made available to the Federated
States of Micronesia and to the Republic of the Marshall
Islands:
(A) The Government of the United States shall continue to
make available to eligible institutions in the Federated
States of Micronesia and the Republic of the Marshall
Islands, and to students enrolled in such eligible
institutions and in institutions in the United States and its
territories, for fiscal years 2004 through 2023, grants under
subpart 1 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a et seq.) on the same basis that such
grants continue to be available to institutions and students
in the United States.
(B) Supplemental education grants.--
(i) In general.--In lieu of eligibility for appropriations
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.), part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.), title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), title II of the Workforce Investment
Act of 1998 (20 U.S.C. 9201 et seq.; commonly known as the
Adult Education and Family Literacy Act), title I of the Carl
D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2321 et seq.), and the Head Start Act (42 U.S.C. 9831
et seq.), there are authorized to be appropriated to the
Secretary of Education for supplemental education grants to
the Federated States of Micronesia and the Republic of the
Marshall Islands the following amounts:
(I) $13,994,592 for the Federated States of Micronesia for
fiscal year 2005 and an equivalent amount, as adjusted for
inflation under section 217 of the U.S.-FSM Compact, for each
of fiscal years 2006 through 2023.
(II) $6,705,408 for the Republic of the Marshall Islands
for fiscal year 2005 and an equivalent amount, as adjusted
for inflation under section 218 of the U.S.-RMI Compact, for
each of fiscal years 2006 through 2023.
(ii) Fiscal procedures.--Assistance pursuant to this
subparagraph shall be disbursed and monitored in accordance
with the respective Fiscal Procedures Agreement referred to
in section 462(b)(4) of the U.S.-FSM Compact and section
462(b)(4) of the U.S.-RMI Compact.
(iii) Formula education grants.--For fiscal years 2005
through 2023, except as provided in clause (i), the
Governments of the Federated States of Micronesia and the
Republic of the Marshall Islands shall not receive any grant
under any formula-grant program administered by the Secretary
of Education or the Secretary of Labor, nor any grant
provided through the Head Start Act (42 U.S.C. 9831 et seq.)
administered by the Secretary of Health and Human Services.
(iv) Transition.--For fiscal year 2004, the Governments of
the Federated States of Micronesia and the Republic of the
Marshall Islands shall continue to be eligible for
appropriations under the provisions of law specified in
clause (i) and to receive grants under the programs described
in clause (iii).
(C) Competitive education grants.--The Governments of the
Federated States of Micronesia and the Republic of the
Marshall Islands shall continue to be eligible for
competitive grants administered by the Secretary of Education
to the extent that such grants continue to be available to
State and local governments in the United States.
(D) The Federal Emergency Management Agency, in the
following manner: Paragraph (6) of section 221(a) of the
U.S.-FSM Compact and paragraph (5) of section 221(a) of the
U.S.-RMI Compact shall each be construed and applied as if
each provision reads as follows: ``The Department of Homeland
Security, Federal Emergency Management Agency disaster
assistance programs and public assistance programs for public
and private non-profit infrastructure and programs provided
by the United States Agency for International Development,
Office of Foreign Disaster Assistance, at levels equivalent
to those available on the day preceding the effective date of
the Compacts, to remain available until the later of--
(i) the 10-year period beginning on the date of enactment
of the Compacts; or
(ii) the date on which the Disaster Assistance Emergency
Fund referred to in section 211(d) of the U.S.-FSM Compact
and section 211(e) of the U.S.-RMI Compact attains a balance
of $4,000,000.
(E) The Legal Services Corporation.
(F) The Public Health Service.
(G) The Rural Housing Service (formerly, the Farmers Home
Administration) in the Marshall Islands and each of the four
States of the Federated States of Micronesia. In lieu of
continuation of the program in the Federated States of
Micronesia, the President may agree to transfer to the
Government of the Federated States of Micronesia without
cost, the portfolio of the Rural Housing Service applicable
to the Federated States of Micronesia and provide such
technical assistance in management of the portfolio as may be
requested by the Federated States of Micronesia.
(2) Tort claims.--The provisions of section 178 of the
U.S.-FSM Compact and the U.S.-RMI Compact regarding
settlement and payment of tort claims shall apply to
employees of any Federal agency of the Government of the
United States (and to any other person employed on behalf of
any Federal agency of the Government of the United States on
the basis of a contractual, cooperative, or similar
agreement) which provides any service or carries out any
other function pursuant to or in furtherance of any
provisions of the U.S.-FSM Compact or the U.S.-RMI Compact or
this joint resolution, except for provisions of Title Three
of the Compact and of the subsidiary agreements related to
such Title, in such area to which such Agreement formerly
applied.
(3) PCB cleanup.--The programs and services of the
Environmental Protection Agency regarding PCBs shall, to the
extent applicable, as appropriate, and in accordance with
applicable law, be construed to be made available to such
islands.
(h) College of Micronesia.--Until otherwise provided by Act
of Congress, or until termination of the U.S.-FSM Compact and
the U.S.-RMI Compact, the College of Micronesia shall retain
its status as a land-grant institution and its eligibility
for all benefits
[[Page H9857]]
and programs available to such land-grant institutions.
(i) 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.
(j) Technical Assistance.--Technical assistance may be
provided pursuant to section 224 of the U.S.-FSM Compact or
the U.S.-RMI Compact by Federal agencies and institutions of
the Government of the United States to the extent such
assistance may be provided to States, territories, or units
of local government. Such assistance by the Forest Service,
the Natural Resources Conservation Service, the USDA Resource
Conservation and Development Program, the Fish and Wildlife
Service, the National Marine Fisheries Service, the United
States Coast Guard, and the Advisory Council on Historic
Preservation, the Department of the Interior, and other
agencies providing assistance under the National Historic
Preservation Act (80 Stat. 915; 16 U.S.C. 470-470t), shall be
on a nonreimbursable basis. During the period the U.S.-FSM
Compact and the U.S.-RMI Compact are in effect, the grant
programs under the National Historic Preservation Act shall
continue to apply to the Federated States of Micronesia and
the Republic of the Marshall Islands in the same manner and
to the same extent as prior to the approval of the Compact.
Any funds provided pursuant to sections 102(a), 103(a),
103(b), 103(f), 103(g), 103(h), 103(j), 105(c), 105(g),
105(h), 105(i), 105(j), 105(k), 105(l), and 105(m) of this
joint resolution shall be in addition to and not charged
against any amounts to be paid to either the Federated States
of Micronesia or the Republic of the Marshall Islands
pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact, or
their related subsidiary agreements.
(k) Prior Service Benefits Program.--Notwithstanding any
other provision of law, persons who on January 1, 1985, were
eligible to receive payment under the Prior Service Benefits
Program established within the Social Security System of the
Trust Territory of the Pacific Islands because of their
services performed for the United States Navy or the
Government of the Trust Territory of the Pacific Islands
prior to July 1, 1968, shall continue to receive such
payments on and after the effective date of the Compact.
(l) Indefinite Land Use Payments.--There are authorized to
be appropriated such sums as may be necessary to complete
repayment by the United States of any debts owed for the use
of various lands in the Federated States of Micronesia and
the Marshall Islands prior to January 1, 1985.
(m) Communicable Disease Control Program.--There are
authorized to be appropriated for grants to the Government of
the Federated States of Micronesia and the Government of the
Republic of the Marshall Islands, 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 Hansen's Disease.
The Secretary of the Interior shall assist the Government of
the Federated States of Micronesia and the Government of the
Republic of the Marshall Islands in designing and
implementing such a program.
(n) User Fees.--Any person in the Federated States of
Micronesia or the Republic of the Marshall Islands shall be
liable for user fees, if any, for services provided in the
Federated States of Micronesia or the Republic of the
Marshall Islands by the Government of the United States to
the same extent as any person in the United States would be
liable for fees, if any, for such services in the United
States.
(o) Treatment of Judgments of Courts of the Federated
States of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau.--No judgment, whenever issued, of
a court of the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau, against
the United States, its departments and agencies, or officials
of the United States or any other individuals acting on
behalf of the United States within the scope of their
official duty, shall be honored by the United States, or be
subject to recognition or enforcement in a court in the
United States, unless the judgment is consistent with the
interpretation by the United States of international
agreements relevant to the judgment. In determining the
consistency of a judgment with an international agreement,
due regard shall be given to assurances made by the Executive
Branch to the Congress of the United States regarding the
proper interpretation of the international agreement.
(p) Inflation Adjustment.--As of Fiscal Year 2015, if
United States Gross Domestic Product Implicit Price Deflator
average for Fiscal Years 2009 through 2014 is greater than
the United States Gross Domestic Product Implicit Price
Deflator average for Fiscal Years 2004 through 2008 (as
reported in the Survey of Current Business or subsequent
publication and compiled by the Department of Interior), then
section 217 of the U.S.-FSM Compact and paragraph 5 of
Article II of the U.S.-FSM Fiscal Procedures Agreement and
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.
(q) Armed Services Vocational Aptitude Battery Testing.--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 United States Armed Forces, it is the
sense of Congress that, to facilitate eligibility of
Federated States of Micronesia and Republic of the Marshall
Islands 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 Federated States of
Micronesia and the Republic of the Marshall Islands to the
extent such programs are available to Department of Defense
Dependent Schools located in foreign jurisdictions.
(r) Establishment of Trust Funds; Expedition of Process.--
The Trust Fund Agreement executed pursuant to the U.S.-FSM
Compact and the Trust Fund Agreement executed pursuant to the
U.S.-RMI Compact each provide for the establishment of a
trust fund. Such trust fund may be established by (1)
creating a new legal entity to constitute the trust fund or
(2) assuming control of an existing legal entity including,
without limitation, a trust fund or other legal entity that
was established by or at the direction of the Government of
the United States, the Government of the Federated States of
Micronesia, the Government of the Republic of the Marshall
Islands, or otherwise, for the purpose of facilitating or
expediting the establishment of the trust fund pursuant to
the applicable Trust Fund Agreement. For the purpose of
expediting the commencement of operations of a trust fund
under either Trust Fund Agreement, such trust fund may, but
shall not be obligated to, assume any obligations of an
existing legal entity and take assignment of any contract or
other agreement to which such existing legal entity is party.
Without limiting the authority that the United States
Government may otherwise have under applicable law, the
United States Government may, but shall not be obligated to,
provide financial, technical, or other assistance directly or
indirectly to the Government of the Federated States of
Micronesia or the Government of the Republic of the Marshall
Islands for the purpose of establishing and operating trust
funds or other legal entities that will solicit bids from,
and enter into contracts with, parties willing to serve in
such capacities as trustee, depositary, money manager, or
investment advisor, with the intention that such contracts
will ultimately be assumed by and assigned to trust funds
established pursuant to a Trust Fund Agreement.
SEC. 106. CONSTRUCTION CONTRACT ASSISTANCE.
(a) Assistance to U.S. Firms.--In order to assist the
Governments of the Federated States of Micronesia and of the
Republic of the Marshall Islands through private sector firms
which may be awarded contracts for construction or major
repair of capital infrastructure within the Federated States
of Micronesia or the Republic of the Marshall Islands, the
United States shall consult with the Governments of the
Federated States of Micronesia and the Republic of the
Marshall Islands with respect to any such contracts, and the
United States shall enter into agreements with such firms
whereby such firms will, consistent with applicable
requirements of such Governments--
(1) to the maximum extent possible, employ citizens of the
Federated States of Micronesia and the Republic of the
Marshall Islands;
(2) to the extent that necessary skills are not possessed
by citizens of the Federated States of Micronesia and the
Republic of the Marshall Islands, provide on the job
training, with particular emphasis on the development of
skills relating to operation of machinery and routine and
preventative maintenance of machinery and other facilities;
and
(3) provide specific training or other assistance in order
to enable the Government to engage in long-term maintenance
of infrastructure.
Assistance by such firms pursuant to this section may not
exceed 20 percent of the amount of the contract and shall be
made available only to such firms which meet the definition
of United States firm under the nationality rule for
suppliers of services of the Agency for International
Development (hereafter in this section referred to as
``United States firms''). There are authorized to be
appropriated such sums as may be necessary for the purposes
of this subsection.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to cover any
additional costs incurred by the Government of the Federated
States of Micronesia or the Republic of the Marshall Islands
if such Governments, pursuant to an agreement entered into
with the United States, apply a preference on the award of
contracts to United States firms, provided that the amount of
such preference does not exceed 10 percent of the amount of
the lowest qualified bid from a non-United States firm for
such contract.
SEC. 107. PROHIBITION.
The provisions of chapter 11 of title 18, United States
Code, shall apply in full to any individual who has served as
the United
[[Page H9858]]
States negotiator of amendments to the Compact or its
subsidiary agreements or of related agreements or who is or
was an officer or employee of the Office in the Department of
State responsible for negotiating amendments to the Compact
or its subsidiary agreements or who is or was assigned or
detailed to that Office or who served on the interagency
group coordinating United States policy on the Compact
negotiations.
SEC. 108. COMPENSATORY ADJUSTMENTS.
(a) Additional Programs and Services.--In addition to the
programs and services set forth in section 221 of the U.S.-
FSM Compact and the U.S.-RMI Compact, and pursuant to section
222 of the U.S.-FSM Compact and the U.S.-RMI Compact, the
services and programs of the following United States agencies
shall be made available to the Federated States of Micronesia
and the Republic of the Marshall Islands: the Small Business
Administration, Economic Development Administration, and the
Rural Utilities Services (formerly Rural Electrification
Administration) 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
99-239) provided that the governments of the Federated States
of Micronesia and the Marshall Islands may submit to Congress
reports concerning the overall financial and economic impacts
on such areas resulting from the effect of Title IV of that
joint resolution upon Title Two of the Compact. There were
authorized to be appropriated for fiscal years beginning
after September 30, 1990, such amounts as necessary, but not
to exceed $40 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 section 111 of the joint
resolution of January 14, 1986 (Public Law 99-239) for
adverse impacts, if any, on the finances and economies of
such areas resulting from the effect of Title IV of that
joint resolution upon Title Two of the Compact. The joint
resolution of January 14, 1986 (Public Law 99-239) further
provided that at the end of the initial fifteen-year term of
the Compact, should any portion of the total amount of funds
authorized in subsection 111 of that resolution not have been
appropriated, such amount not yet appropriated may be
appropriated, without regard to divisions between amounts
authorized in subsection 111 for the Federated States of
Micronesia and for the Marshall Islands, based on either or
both such government's showing of such adverse impact, if
any, as provided in that subsection.
(2) The governments of the Federated States of Micronesia
and the Republic of the Marshall Islands may each submit no
more than one report or request for further compensation
under section 111 of the joint resolution of January 14, 1986
(Public Law 99-239) and any such report or request must be
submitted by September 30, 2009. Only adverse economic effect
occurring during the initial fifteen-year term of the Compact
may be considered for compensation under section 111 of the
joint resolution of January 14, 1986 (Public Law 99-239).
SEC. 109. AUTHORIZATION AND CONTINUING APPROPRIATION.
(a) There are authorized and appropriated to the Department
of the Interior, out of any money in the Treasury not
otherwise appropriated, to remain available until expended,
such sums as are necessary to carry out the purposes of
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.
SEC. 110. PAYMENT OF CITIZENS OF THE FEDERATED STATES OF
MICRONESIA, THE REPUBLIC OF THE MARSHALL
ISLANDS, AND THE REPUBLIC OF PALAU EMPLOYED BY
THE GOVERNMENT OF THE UNITED STATES IN THE
CONTINENTAL UNITED STATES.
Section 605 of Public Law 107-67 (the Treasury and General
Government Appropriations Act, 2002; 5 U.S.C. 3101 note) is
amended by striking ``or the Republic of the Philippines,''
in the last sentence and inserting the following: ``the
Republic of the Philippines, the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau,''.
TITLE II--COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF
MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS
SEC. 201. COMPACTS OF FREE ASSOCIATION, AS AMENDED BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE FEDERATED STATES OF
MICRONESIA AND BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AND THE GOVERNMENT OF
THE REPUBLIC OF THE MARSHALL ISLANDS.
(a) Compact of Free Association, as Amended, Between the
Government of the United States of America and the Government
of the Federated States of Micronesia.--
PREAMBLE
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
THE FEDERATED STATES OF MICRONESIA
Affirming that their Governments and their relationship as
Governments are founded upon respect for human rights and
fundamental freedoms for all, and that the people of the
Federated States of Micronesia have the right to enjoy self-
government; and
Affirming the common interests of the United States of
America and the Federated States of Micronesia in creating
and maintaining their close and mutually beneficial
relationship through the free and voluntary association of
their respective Governments; and
Affirming the interest of the Government of the United
States in promoting the economic advancement and budgetary
self-reliance of the Federated States of Micronesia; and
Recognizing that their relationship until the entry into
force on November 3, 1986 of the Compact was based upon the
International Trusteeship System of the United Nations
Charter, and in particular Article 76 of the Charter; and
that pursuant to Article 76 of the Charter, the people of the
Federated States of Micronesia have progressively developed
their institutions of self-government, and that in the
exercise of their sovereign right to self-determination they,
through their freely-expressed wishes, have adopted a
Constitution appropriate to their particular circumstances;
and
Recognizing that the Compact reflected their common desire
to terminate the Trusteeship and establish a government-to-
government relationship which was in accordance with the new
political status based on the freely expressed wishes of the
people of the Federated States of Micronesia and appropriate
to their particular circumstances; and
Recognizing that the people of the Federated States of
Micronesia have and retain their sovereignty and their
sovereign right to self-determination and the inherent right
to adopt and amend their own Constitution and form of
government and that the approval of the entry of the
Government of the Federated States of Micronesia into the
Compact by the people of the Federated States of Micronesia
constituted an exercise of their sovereign right to self-
determination; and
Recognizing the common desire of the people of the United
States and the people of the Federated States of Micronesia
to maintain their close government-to-government
relationship, the United States and the Federated States of
Micronesia:
NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen
their relationship of free association by amending the
Compact, which continues to provide a full measure of self-
government for the people of the Federated States of
Micronesia; and
FURTHER AGREE that the relationship of free association
derives from and is as set forth in this Compact, as amended,
by the Governments of the United States and the Federated
States of Micronesia; and that, during such relationship of
free association, the respective rights and responsibilities
of the Government of the United States and the Government of
the Federated States of Micronesia in regard to this
relationship of free association derive from and are as set
forth in this Compact, as amended.
TITLE ONE
GOVERNMENTAL RELATIONS
Article I
Self-Government
Section 111
The people of the Federated States of Micronesia, acting
through the Government established under their Constitution,
are self-governing.
Article II
Foreign Affairs
Section 121
(a) The Government of the Federated States of Micronesia
has the capacity to conduct foreign affairs and shall do so
in its own name and right, except as otherwise provided in
this Compact, as amended.
(b) The foreign affairs capacity of the Government of the
Federated States of Micronesia includes:
(1) the conduct of foreign affairs relating to law of the
sea and marine resources matters, including the harvesting,
conservation, exploration or exploitation of living and non-
living resources from the sea, seabed or subsoil to the full
extent recognized under international law;
(2) the conduct of its commercial, diplomatic, consular,
economic, trade, banking, postal, civil aviation,
communications, and cultural relations, including
negotiations for the receipt of developmental loans and
grants and the conclusion of arrangements with other
governments and international and intergovernmental
organizations, including any matters specially benefiting its
individual citizens.
(c) The Government of the United States recognizes that the
Government of the Federated States of Micronesia has the
capacity to enter into, in its own name and right, treaties
and other international agreements with governments and
regional and international organizations.
[[Page H9859]]
(d) In the conduct of its foreign affairs, the Government
of the Federated States of Micronesia confirms that it shall
act in accordance with principles of international law and
shall settle its international disputes by peaceful means.
Section 122
The Government of the United States shall support
applications by the Government of the Federated States of
Micronesia for membership or other participation in regional
or international organizations as may be mutually agreed.
Section 123
(a) In recognition of the authority and responsibility of
the Government of the United States under Title Three, the
Government of the Federated States of Micronesia shall
consult, in the conduct of its foreign affairs, with the
Government of the United States.
(b) In recognition of the foreign affairs capacity of the
Government of the Federated States of Micronesia, the
Government of the United States, in the conduct of its
foreign affairs, shall consult with the Government of the
Federated States of Micronesia on matters that the Government
of the United States regards as relating to or affecting the
Government of the Federated States of Micronesia.
Section 124
The Government of the United States may assist or act on
behalf of the Government of the Federated States of
Micronesia in the area of foreign affairs as may be requested
and mutually agreed from time to time. The Government of the
United States shall not be responsible to third parties for
the actions of the Government of the Federated States of
Micronesia undertaken with the assistance or through the
agency of the Government of the United States pursuant to
this section unless expressly agreed.
Section 125
The Government of the United States shall not be
responsible for nor obligated by any actions taken by the
Government of the Federated States of Micronesia in the area
of foreign affairs, except as may from time to time be
expressly agreed.
Section 126
At the request of the Government of the Federated States of
Micronesia and subject to the consent of the receiving state,
the Government of the United States shall extend consular
assistance on the same basis as for citizens of the United
States to citizens of the Federated States of Micronesia for
travel outside the Federated States of Micronesia, the United
States and its territories and possessions.
Section 127
Except as otherwise provided in this Compact, as amended,
or its related agreements, all obligations, responsibilities,
rights and benefits of the Government of the United States as
Administering Authority which resulted from the application
pursuant to the Trusteeship Agreement of any treaty or other
international agreement to the Trust Territory of the Pacific
Islands on November 2, 1986, are, as of that date, no longer
assumed and enjoyed by the Government of the United States.
Article III
Communications
Section 131
(a) The Government of the Federated States of Micronesia
has full authority and responsibility to regulate its
domestic and foreign communications, and the Government of
the United States shall provide communications assistance as
mutually agreed.
(b) On May 24, 1993, the Government of the Federated States
of Micronesia elected to undertake all functions previously
performed by the Government of the United States with respect
to domestic and foreign communications, except for those
functions set forth in a separate agreement entered into
pursuant to this section of the Compact, as amended.
Section 132
The Government of the Federated States of Micronesia shall
permit the Government of the United States to operate
telecommunications services in the Federated States of
Micronesia to the extent necessary to fulfill the obligations
of the Government of the United States under this Compact, as
amended, in accordance with the terms of separate agreements
entered into pursuant to this section of the Compact, as
amended.
Article IV
Immigration
Section 141
(a) In furtherance of the special and unique relationship
that exists between the United States and the Federated
States of Micronesia, under the Compact, as amended, any
person in the following categories may be admitted to,
lawfully engage in occupations in, and establish residence as
a nonimmigrant in the United States and its territories and
possessions (the ``United States'') without regard to
paragraph (5) or (7)(B)(i)(II) of section 212(a) of the
Immigration and Nationality Act, as amended, 8 U.S.C.
1182(a)(5) or (7)(B)(i)(II):
(1) a person who, on November 2, 1986, was a citizen of the
Trust Territory of the Pacific Islands, as defined in Title
53 of the Trust Territory Code in force on January 1, 1979,
and has become and remains a citizen of the Federated States
of Micronesia;
(2) a person who acquires the citizenship of the Federated
States of Micronesia at birth, on or after the effective date
of the Constitution of the Federated States of Micronesia;
(3) an immediate relative of a person referred to in
paragraphs (1) or (2) of this section, provided that such
immediate relative is a naturalized citizen of the Federated
States of Micronesia who has been an actual resident there
for not less than five years after attaining such
naturalization and who holds a certificate of actual
residence, and further provided, that, in the case of a
spouse, such spouse has been married to the person referred
to in paragraph (1) or (2) of this section for at least five
years, and further provided, that the Government of the
United States is satisfied that such naturalized citizen
meets the requirement of subsection (b) of section 104 of
Public Law 99-239 as it was in effect on the day prior to the
effective date of this Compact, as amended;
(4) a naturalized citizen of the Federated States of
Micronesia who was an actual resident there for not less than
five years after attaining such naturalization and who
satisfied these requirements as of April 30, 2003, who
continues to be an actual resident and holds a certificate of
actual residence, and whose name is included in a list
furnished by the Government of the Federated States of
Micronesia to the Government of the United States no later
than the effective date of the Compact, as amended, in form
and content acceptable to the Government of the United
States, provided, that the Government of the United States is
satisfied that such naturalized citizen meets the requirement
of subsection (b) of section 104 of Public Law 99-239 as it
was in effect on the day prior to the effective date of this
Compact, as amended; or
(5) an immediate relative of a citizen of the Federated
States of Micronesia, regardless of the immediate relative's
country of citizenship or period of residence in the
Federated States of Micronesia, if the citizen of the
Federated States of Micronesia is serving on active duty in
any branch of the United States Armed Forces, or in the
active reserves.
(b) Notwithstanding subsection (a) of this section, a
person who is coming to the United States pursuant to an
adoption outside the United States, or for the purpose of
adoption in the United States, is ineligible for admission
under the Compact and the Compact, as amended. This
subsection shall apply to any person who is or was an
applicant for admission to the United States on or after
March 1, 2003, including any applicant for admission in
removal proceedings (including appellate proceedings) on or
after March 1, 2003, regardless of the date such proceedings
were commenced. This subsection shall have no effect on the
ability of the Government of the United States or any United
States State or local government to commence or otherwise
take any action against any person or entity who has violated
any law relating to the adoption of any person.
(c) Notwithstanding subsection (a) of this section, no
person who has been or is granted citizenship in the
Federated States of Micronesia, or has been or is issued a
Federated States of Micronesia passport pursuant to any
investment, passport sale, or similar program has been or
shall be eligible for admission to the United States under
the Compact or the Compact, as amended.
(d) A person admitted to the United States under the
Compact, or the Compact, as amended, shall be considered to
have the permission of the Government of the United States to
accept employment in the United States. An unexpired
Federated States of Micronesia passport with unexpired
documentation issued by the Government of the United States
evidencing admission under the Compact or the Compact, as
amended, shall be considered to be documentation establishing
identity and employment authorization under section
274A(b)(1)(B) of the Immigration and Nationality Act, as
amended, 8 U.S.C. 1324a(b)(1)(B). The Government of the
United States will take reasonable and appropriate steps to
implement and publicize this provision, and the Government of
the Federated States of Micronesia will also take reasonable
and appropriate steps to publicize this provision.
(e) For purposes of the Compact and the Compact, as
amended:
(1) the term ``residence'' with respect to a person means
the person's principal, actual dwelling place in fact,
without regard to intent, as provided in section 101(a)(33)
of the Immigration and Nationality Act, as amended, 8 U.S.C.
1101(a)(33), and variations of the term ``residence,''
including ``resident'' and ``reside,'' shall be similarly
construed;
(2) the term ``actual residence'' means physical presence
in the Federated States of Micronesia during eighty-five
percent of the five-year period of residency required by
section 141(a)(3) and (4);
(3) the term ``certificate of actual residence'' means a
certificate issued to a naturalized citizen by the Government
of the Federated States of Micronesia stating that the
citizen has complied with the actual residence requirement of
section 141(a)(3) or (4);
(4) the term ``nonimmigrant'' means an alien who is not an
``immigrant'' as defined in section 101(a)(15) of such Act, 8
U.S.C. 1101(a)(15); and
(5) the term ``immediate relative'' means a spouse, or
unmarried son or unmarried daughter less than 21 years of
age.
(f) The Immigration and Nationality Act, as amended, shall
apply to any person admitted or seeking admission to the
United States (other than a United States possession or
territory where such Act does not apply) under the Compact or
the Compact, as amended, and nothing in the Compact or the
Compact, as amended, shall be construed to limit, preclude,
or modify the applicability of, with respect to such person:
[[Page H9860]]
(1) any ground of inadmissibility or deportability under
such Act (except sections 212(a)(5) and 212(a)(7)(B)(i)(II)
of such Act, as provided in subsection (a) of this section),
and any defense thereto, provided that, section 237(a)(5) of
such Act shall be construed and applied as if it reads as
follows: ``any alien who has been admitted under the Compact,
or the Compact, as amended, who cannot show that he or she
has sufficient means of support in the United States, is
deportable'';
(2) the authority of the Government of the United States
under section 214(a)(1) of such Act to provide that admission
as a nonimmigrant shall be for such time and under such
conditions as the Government of the United States may by
regulations prescribe;
(3) Except for the treatment of certain documentation for
purposes of section 274A(b)(1)(B) of such Act as provided by
subsection (d) of this section of the Compact, as amended,
any requirement under section 274A, including but not limited
to section 274A(b)(1)(E);
(4) Section 643 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Public Law 104-208, and
actions taken pursuant to section 643; and
(5) the authority of the Government of the United States
otherwise to administer and enforce the Immigration and
Nationality Act, as amended, or other United States law.
(g) Any authority possessed by the Government of the United
States under this section of the Compact or the Compact, as
amended, may also be exercised by the Government of a
territory or possession of the United States where the
Immigration and Nationality Act, as amended, does not apply,
to the extent such exercise of authority is lawful under a
statute or regulation of such territory or possession that is
authorized by the laws of the United States.
(h) Subsection (a) of this section does not confer on a
citizen of the Federated States of Micronesia the right to
establish the residence necessary for naturalization under
the Immigration and Nationality Act, as amended, or to
petition for benefits for alien relatives under that Act.
Subsection (a) of this section, however, shall not prevent a
citizen of the Federated States of Micronesia from otherwise
acquiring such rights or lawful permanent resident alien
status in the United States.
Section 142
(a) Any citizen or national of the United States may be
admitted, to lawfully engage in occupations, and reside in
the Federated States of Micronesia, subject to the rights of
the Government of the Federated States of Micronesia to deny
entry to or deport any such citizen or national as an
undesirable alien. Any determination of inadmissibility or
deportability shall be based on reasonable statutory grounds
and shall be subject to appropriate administrative and
judicial review within the Federated States of Micronesia. If
a citizen or national of the United States is a spouse of a
citizen of the Federated States of Micronesia, the Government
of the Federated States of Micronesia shall allow the United
States citizen spouse to establish residence. Should the
Federated States of Micronesia citizen spouse predecease the
United States citizen spouse during the marriage, the
Government of the Federated States of Micronesia shall allow
the United States citizen spouse to continue to reside in the
Federated States of Micronesia.
(b) In enacting any laws or imposing any requirements with
respect to citizens and nationals of the United States
entering the Federated States of Micronesia under subsection
(a) of this section, including any grounds of inadmissibility
or deportability, the Government of the Federated States of
Micronesia shall accord to such citizens and nationals of the
United States treatment no less favorable than that accorded
to citizens of other countries.
(c) Consistent with subsection (a) of this section, with
respect to citizens and nationals of the United States
seeking to engage in employment or invest in the Federated
States of Micronesia, the Government of the Federated States
of Micronesia shall adopt immigration-related procedures no
less favorable than those adopted by the Government of the
United States with respect to citizens of the Federated
States of Micronesia seeking employment in the United States.
Section 143
Any person who relinquishes, or otherwise loses, his United
States nationality or citizenship, or his Federated States of
Micronesia citizenship, shall be ineligible to receive the
privileges set forth in sections 141 and 142. Any such person
may apply for admission to the United States or the Federated
States of Micronesia, as the case may be, in accordance with
any other applicable laws of the United States or the
Federated States of Micronesia relating to immigration of
aliens from other countries. The laws of the Federated States
of Micronesia or the United States, as the case may be, shall
dictate the terms and conditions of any such person's stay.
Article V
Representation
Section 151
Relations between the Government of the United States and
the Government of the Federated States of Micronesia shall be
conducted in accordance with the Vienna Convention on
Diplomatic Relations. In addition to diplomatic missions and
representation, the Governments may establish and maintain
other offices and designate other representatives on terms
and in locations as may be mutually agreed.
Section 152
(a) Any citizen or national of the United States who,
without authority of the United States, acts as the agent of
the Government of the Federated States of Micronesia with
regard to matters specified in the provisions of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et
seq.), that apply with respect to an agent of a foreign
principal shall be subject to the requirements of such Act.
Failure to comply with such requirements shall subject such
citizen or national to the same penalties and provisions of
law as apply in the case of the failure of such an agent of a
foreign principal to comply with such requirements. For
purposes of the Foreign Agents Registration Act of 1938, the
Federated States of Micronesia shall be considered to be a
foreign country.
(b) Subsection (a) of this section shall not apply to a
citizen or national of the United States employed by the
Government of the Federated States of Micronesia with respect
to whom the Government of the Federated States of Micronesia
from time to time certifies to the Government of the United
States that such citizen or national is an employee of the
Federated States of Micronesia whose principal duties are
other than those matters specified in the Foreign Agents
Registration Act of 1938, as amended, that apply with respect
to an agent of a foreign principal. The agency or officer of
the United States receiving such certifications shall cause
them to be filed with the Attorney General, who shall
maintain a publicly available list of the persons so
certified.
Article VI
Environmental Protection
Section 161
The Governments of the United States and the Federated
States of Micronesia declare that it is their policy to
promote efforts to prevent or eliminate damage to the
environment and biosphere and to enrich understanding of the
natural resources of the Federated States of Micronesia. In
order to carry out this policy, the Government of the United
States and the Government of the Federated States of
Micronesia agree to the following mutual and reciprocal
undertakings.
(a) The Government of the United States:
(1) shall continue to apply the environmental controls in
effect on November 2, 1986 to those of its continuing
activities subject to section 161(a)(2), unless and until
those controls are modified under sections 161(a)(3) and
161(a)(4);
(2) shall apply the National Environmental Policy Act of
1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its activities
under the Compact, as amended, and its related agreements as
if the Federated States of Micronesia were the United States;
(3) shall comply also, in the conduct of any activity
requiring the preparation of an Environmental Impact
Statement under section 161(a)(2), with standards
substantively similar to those required by the following laws
of the United States, taking into account the particular
environment of the Federated States of Micronesia: the
Endangered Species Act of 1973, as amended, 87 Stat. 884, 16
U.S.C. 1531 et seq.; the Clean Air Act, as amended, 77 Stat.
392, 42 U.S.C. Supp. 7401 et seq.; the Clean Water Act
(Federal Water Pollution Control Act), as amended, 86 Stat.
896, 33 U.S.C. 1251 et seq.; Title I of the Marine
Protection, Research and Sanctuaries Act of 1972 (the Ocean
Dumping Act), 33 U.S.C. 1411 et seq.; the Toxic Substances
Control Act, as amended, 15 U.S.C. 2601 et seq.; the Solid
Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq.; and
such other environmental protection laws of the United States
and of the Federated States of Micronesia, as may be mutually
agreed from time to time with the Government of the Federated
States of Micronesia; and
(4) shall develop, prior to conducting any activity
requiring the preparation of an Environmental Impact
Statement under section 161(a)(2), written standards and
procedures, as agreed with the Government of the Federated
States of Micronesia, to implement the substantive provisions
of the laws made applicable to U.S. Government activities in
the Federated States of Micronesia, pursuant to section
161(a)(3).
(b) The Government of the Federated States of Micronesia
shall continue to develop and implement standards and
procedures to protect its environment. As a reciprocal
obligation to the undertakings of the Government of the
United States under this Article, the Federated States of
Micronesia, taking into account its particular environment,
shall continue to develop and implement standards for
environmental protection substantively similar to those
required of the Government of the United States by section
161(a)(3) prior to its conducting activities in the Federated
States of Micronesia, substantively equivalent to activities
conducted there by the Government of the United States and,
as a further reciprocal obligation, shall enforce those
standards.
(c) Section 161(a), including any standard or procedure
applicable thereunder, and section 161(b) may be modified or
superseded in whole or in part by agreement of the Government
of the United States and the Government of the Federated
States of Micronesia.
(d) In the event that an Environmental Impact Statement is
no longer required under
[[Page H9861]]
the laws of the United States for major Federal actions
significantly affecting the quality of the human environment,
the regulatory regime established under sections 161(a)(3)
and 161(a)(4) shall continue to apply to such activities of
the Government of the United States until amended by mutual
agreement.
(e) The President of the United States may exempt any of
the activities of the Government of the United States under
this Compact, as amended, and its related agreements from any
environmental standard or procedure which may be applicable
under sections 161(a)(3) and 161(a)(4) if the President
determines it to be in the paramount interest of the
Government of the United States to do so, consistent with
Title Three of this Compact, as amended, and the obligations
of the Government of the United States under international
law. Prior to any decision pursuant to this subsection, the
views of the Government of the Federated States of Micronesia
shall be sought and considered to the extent practicable. If
the President grants such an exemption, to the extent
practicable, a report with his reasons for granting such
exemption shall be given promptly to the Government of the
Federated States of Micronesia.
(f) The laws of the United States referred to in section
161(a)(3) shall apply to the activities of the Government of
the United States under this Compact, as amended, and its
related agreements only to the extent provided for in this
section.
Section 162
The Government of the Federated States of Micronesia may
bring an action for judicial review of any administrative
agency action or any activity of the Government of the United
States pursuant to section 161(a) for enforcement of the
obligations of the Government of the United States arising
thereunder. The United States District Court for the District
of Hawaii and the United States District Court for the
District of Columbia shall have jurisdiction over such action
or activity, and over actions brought under section 172(b)
which relate to the activities of the Government of the
United States and its officers and employees, governed by
section 161, provided that:
(a) Such actions may only be civil actions for any
appropriate civil relief other than punitive damages against
the Government of the United States or, where required by
law, its officers in their official capacity; no criminal
actions may arise under this section.
(b) Actions brought pursuant to this section may be
initiated only by the Government of the Federated States of
Micronesia.
(c) Administrative agency actions arising under section 161
shall be reviewed pursuant to the standard of judicial review
set forth in 5 U.S.C. 706.
(d) The United States District Court for the District of
Hawaii and the United States District Court for the District
of Columbia shall have jurisdiction to issue all necessary
processes, and the Government of the United States agrees to
submit itself to the jurisdiction of the court; decisions of
the United States District Court shall be reviewable in the
United States Court of Appeals for the Ninth Circuit or the
United States Court of Appeals for the District of Columbia,
respectively, or in the United States Supreme Court as
provided by the laws of the United States.
(e) The judicial remedy provided for in this section shall
be the exclusive remedy for the judicial review or
enforcement of the obligations of the Government of the
United States under this Article and actions brought under
section 172(b) which relate to the activities of the
Government of the United States and its officers and
employees governed by section 161.
(f) In actions pursuant to this section, the Government of
the Federated States of Micronesia shall be treated as if it
were a United States citizen.
Section 163
(a) For the purpose of gathering data necessary to study
the environmental effects of activities of the Government of
the United States subject to the requirements of this
Article, the Government of the Federated States of Micronesia
shall be granted access to facilities operated by the
Government of the United States in the Federated States of
Micronesia, to the extent necessary for this purpose, except
to the extent such access would unreasonably interfere with
the exercise of the authority and responsibility of the
Government of the United States under Title Three.
(b) The Government of the United States, in turn, shall be
granted access to the Federated States of Micronesia for the
purpose of gathering data necessary to discharge its
obligations under this Article, except to the extent such
access would unreasonably interfere with the exercise of the
authority and responsibility of the Government of the
Federated States of Micronesia under Title One, and to the
extent necessary for this purpose shall be granted access to
documents and other information to the same extent similar
access is provided the Government of the Federated States of
Micronesia under the Freedom of Information Act, 5 U.S.C.
552.
(c) The Government of the Federated States of Micronesia
shall not impede efforts by the Government of the United
States to comply with applicable standards and procedures.
Article VII
General Legal Provisions
Section 171
Except as provided in this Compact, as amended, or its
related agreements, the application of the laws of the United
States to the Trust Territory of the Pacific Islands by
virtue of the Trusteeship Agreement ceased with respect to
the Federated States of Micronesia on November 3, 1986, the
date the Compact went into effect.
Section 172
(a) Every citizen of the Federated States of Micronesia who
is not a resident of the United States shall enjoy the rights
and remedies under the laws of the United States enjoyed by
any non-resident alien.
(b) The Government of the Federated States of Micronesia
and every citizen of the Federated States of Micronesia shall
be considered to be a ``person'' within the meaning of the
Freedom of Information Act, 5 U.S.C. 552, and of the judicial
review provisions of the Administrative Procedure Act, 5
U.S.C. 701-706, except that only the Government of the
Federated States of Micronesia may seek judicial review under
the Administrative Procedure Act or judicial enforcement
under the Freedom of Information Act when such judicial
review or enforcement relates to the activities of the
Government of the United States governed by sections 161 and
162.
Section 173
The Governments of the United States and the Federated
States of Micronesia agree to adopt and enforce such
measures, consistent with this Compact, as amended, and its
related agreements, as may be necessary to protect the
personnel, property, installations, services, programs and
official archives and documents maintained by the Government
of the United States in the Federated States of Micronesia
pursuant to this Compact, as amended, and its related
agreements and by the Government of the Federated States of
Micronesia in the United States pursuant to this Compact, as
amended, and its related agreements.
Section 174
Except as otherwise provided in this Compact, as amended,
and its related agreements:
(a) The Government of the Federated States of Micronesia,
and its agencies and officials, shall be immune from the
jurisdiction of the courts of the United States, and the
Government of the United States, and its agencies and
officials, shall be immune from the jurisdiction of the
courts of the Federated States of Micronesia.
(b) The Government of the United States accepts
responsibility for and shall pay:
(1) any unpaid money judgment rendered by the High Court of
the Trust Territory of the Pacific Islands against the
Government of the United States with regard to any cause of
action arising as a result of acts or omissions of the
Government of the Trust Territory of the Pacific Islands or
the Government of the United States prior to November 3,
1986;
(2) any claim settled by the claimant and the Government of
the Trust Territory of the Pacific Islands but not paid as of
the November 3, 1986; and
(3) settlement of any administrative claim or of any action
before a court of the Trust Territory of the Pacific Islands
or the Government of the United States, arising as a result
of acts or omissions of the Government of the Trust Territory
of the Pacific Islands or the Government of the United
States.
(c) Any claim not referred to in section 174(b) and arising
from an act or omission of the Government of the Trust
Territory of the Pacific Islands or the Government of the
United States prior to the effective date of the Compact
shall be adjudicated in the same manner as a claim
adjudicated according to section 174(d). In any claim against
the Government of the Trust Territory of the Pacific Islands,
the Government of the United States shall stand in the place
of the Government of the Trust Territory of the Pacific
Islands. A judgment on any claim referred to in section
174(b) or this subsection, not otherwise satisfied by the
Government of the United States, may be presented for
certification to the United States Court of Appeals for the
Federal Circuit, or its successor courts, which shall have
jurisdiction therefore, notwithstanding the provisions of 28
U.S.C. 1502, and which court's decisions shall be reviewable
as provided by the laws of the United States. The United
States Court of Appeals for the Federal Circuit shall certify
such judgment, and order payment thereof, unless it finds,
after a hearing, that such judgment is manifestly erroneous
as to law or fact, or manifestly excessive. In either of such
cases the United States Court of Appeals for the Federal
Circuit shall have jurisdiction to modify such judgment.
(d) The Government of the Federated States of Micronesia
shall not be immune from the jurisdiction of the courts of
the United States, and the Government of the United States
shall not be immune from the jurisdiction of the courts of
the Federated States of Micronesia in any civil case in which
an exception to foreign state immunity is set forth in the
Foreign Sovereign Immunities Act (28 U.S.C. 1602 et seq.) or
its successor statutes.
Section 175
(a) A separate agreement, which shall come into effect
simultaneously with this Compact, as amended, and shall have
the force of law, shall govern mutual assistance and
cooperation in law enforcement matters, including the
pursuit, capture, imprisonment and extradition of fugitives
from justice and the transfer of prisoners, as well as other
law
[[Page H9862]]
enforcement matters. In the United States, the laws of the
United States governing international extradition, including
18 U.S.C. 3184, 3186 and 3188-95, shall be applicable to the
extradition of fugitives under the separate agreement, and
the laws of the United States governing the transfer of
prisoners, including 18 U.S.C. 4100-15, shall be applicable
to the transfer of prisoners under the separate agreement;
and
(b) A separate agreement, which shall come into effect
simultaneously with this Compact, as amended, and shall have
the force of law, shall govern requirements relating to labor
recruitment practices, including registration, reporting,
suspension or revocation of authorization to recruit persons
for employment in the United States, and enforcement for
violations of such requirements.
Section 176
The Government of the Federated States of Micronesia
confirms that final judgments in civil cases rendered by any
court of the Trust Territory of the Pacific Islands shall
continue in full force and effect, subject to the
constitutional power of the courts of the Federated States of
Micronesia to grant relief from judgments in appropriate
cases.
Section 177
Section 177 of the Compact entered into force with respect
to the Federated States of Micronesia on November 3, 1986 as
follows:
``(a) The Government of the United States accepts the
responsibility for compensation owing to citizens of the
Marshall Islands, or the Federated States of Micronesia, or
Palau for loss or damage to property and person of the
citizens of the Marshall Islands, or the Federated States of
Micronesia, resulting from the nuclear testing program which
the Government of the United States conducted in the Northern
Marshall Islands between June 30, 1946, and August 18, 1958.
``(b) The Government of the United States and the
Government of the Marshall Islands shall set forth in a
separate agreement provisions for the just and adequate
settlement of all such claims which have arisen in regard to
the Marshall Islands and its citizens and which have not as
yet been compensated or which in the future may arise, for
the continued administration by the Government of the United
States of direct radiation related medical surveillance and
treatment programs and radiological monitoring activities and
for such additional programs and activities as may be
mutually agreed, and for the assumption by the Government of
the Marshall Islands of responsibility for enforcement of
limitations on the utilization of affected areas developed in
cooperation with the Government of the United States and for
the assistance by the Government of the United States in the
exercise of such responsibility as may be mutually agreed.
This separate agreement shall come into effect simultaneously
with this Compact and shall remain in effect in accordance
with its own terms.
``(c) The Government of the United States shall provide to
the Government of the Marshall Islands, on a grant basis, the
amount of $150 million to be paid and distributed in
accordance with the separate agreement referred to in this
Section, and shall provide the services and programs set
forth in this separate agreement, the language of which is
incorporated into this Compact.''
The Compact, as amended, makes no changes to, and has no
effect upon, Section 177 of the Compact, nor does the
Compact, as amended, change or affect the separate agreement
referred to in Section 177 of the Compact including Articles
IX and X of that separate agreement, and measures taken by
the parties thereunder.
Section 178
(a) The Federal agencies of the Government of the United
States that provide the services and related programs in the
Federated States of Micronesia pursuant to Title Two are
authorized to settle and pay tort claims arising in the
Federated States of Micronesia from the activities of such
agencies or from the acts or omissions of the employees of
such agencies. Except as provided in section 178(b), the
provisions of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply
exclusively to such administrative settlements and payments.
(b) Claims under section 178(a) that cannot be settled
under section 178(a) shall be disposed of exclusively in
accordance with Article II of Title Four. Arbitration awards
rendered pursuant to this subsection shall be paid out of
funds under 31 U.S.C. 1304.
(c) The Government of the United States and the Government
of the Federated States of Micronesia shall, in the separate
agreement referred to in section 231, provide for:
(1) the administrative settlement of claims referred to in
section 178(a), including designation of local agents in each
State of the Federated States of Micronesia; such agents to
be empowered to accept, investigate and settle such claims,
in a timely manner, as provided in such separate agreements;
and
(2) arbitration, referred to in section 178(b), in a timely
manner, at a site convenient to the claimant, in the event a
claim is not otherwise settled pursuant to section 178(a).
(d) The provisions of section 174(d) shall not apply to
claims covered by this section.
(e) Except as otherwise explicitly provided by law of the
United States, neither the Government of the United States,
its instrumentalities, nor any person acting on behalf of the
Government of the United States, shall be named a party in
any action based on, or arising out of, the activity or
activities of a recipient of any grant or other assistance
provided by the Government of the United States (or the
activity or activities of the recipient's agency or any other
person or entity acting on behalf of the recipient).
Section 179
(a) The courts of the Federated States of Micronesia shall
not exercise criminal jurisdiction over the Government of the
United States, or its instrumentalities.
(b) The courts of the Federated States of Micronesia shall
not exercise criminal jurisdiction over any person if the
Government of the United States provides notification to the
Government of the Federated States of Micronesia that such
person was acting on behalf of the Government of the
United States, for actions taken in furtherance of section
221 or 224 of this amended Compact, or any other provision
of law authorizing financial, program, or service
assistance to the Federated States of Micronesia.
TITLE TWO
ECONOMIC RELATIONS
Article I
Grant Assistance
Section 211 - Sector Grants
(a) In order to assist the Government of the Federated
States of Micronesia in its efforts to promote the economic
advancement, budgetary self-reliance, and economic self-
sufficiency of its people, and in recognition of the special
relationship that exists between the Federated States of
Micronesia and the United States, the Government of the
United States shall provide assistance on a sector grant
basis for a period of twenty years in the amounts set forth
in section 216, commencing on the effective date of this
Compact, as amended. Such grants shall be used for assistance
in the sectors of education, health care, private sector
development, the environment, public sector capacity
building, and public infrastructure, or for other sectors as
mutually agreed, with priorities in the education and health
care sectors. For each year such sector grant assistance is
made available, the proposed division of this amount among
these sectors shall be certified to the Government of the
United States by the Government of the Federated States of
Micronesia and shall be subject to the concurrence of the
Government of the United States. In such case, the Government
of the Unite | 
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