In the Senate of the United States,
November 6, 2003.
Resolved, That the resolution from the House of Rep-
resentatives (H.J. Res. 63) entitled ‘‘Joint resolution to ap-
prove 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 Gov-
ernment of the United States of America and the Govern-
ment 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 end-
ing on or before September 30, 2023, and for other pur-
poses.’’ do pass with the following
AMENDMENTS:
Strike out all after the resolving clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This joint resolution, together
with the table of contents in subsection (b) of this section,
may be cited as the ‘‘Compact of Free Association Amend-
ments Act of 2003’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this joint resolution is as follows:
Sec. 1. Short title and table of contents.
TITLE I—APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT;
INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM
COMPACT AND U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS
Sec. 101. Approval of U.S.-FSM Compact of Free Association and the U.S.-RMI
Compact of Free Association; references to subsidiary agreements
or separate agreements.
(a) Federated States of Micronesia.
(b) Republic of the Marshall Islands.
(c) References to the Compact, the U.S.-FSM Compact and the U.S.-RMI
Compact; References to Subsidiary Agreements or Separate
Agreements.
(d) Amendment, Change, or Termination in the U.S.-FSM Compact, the
U.S.-RMI Compact and Certain Agreements.
(e) Subsidiary Agreements Deemed Bilateral.
(f) Entry Into Force of Future Amendments to Subsidiary Agreements.
Sec. 102. Agreements With Federated States of Micronesia.
(a) Law Enforcement Assistance.
(b) Agreement on Audits.
Sec. 103. Agreements With and Other Provisions Related to the Republic of the
Marshall Islands.
(a) Law Enforcement Assistance.
(b) EJIT.
(c) Section 177 Agreement.
(d) Nuclear Test Effects.
(e) Espousal Provisions.
(f) DOE Radiological Health Care Program; USDA Agricultural and Food
Programs.
(g) Rongelap.
(h) Four Atoll Health Care Program.
(i) Enjebi Community Trust Fund.
(j) Bikini Atoll Cleanup.
(k) Agreement on Audits.
(l) Kwajalein.
Sec. 104. Interpretation of and United States Policy Regarding U.S.-FSM Com-
pact and U.S.-RMI Compact.
(a) Human Rights.
(b) Immigration and Passport Security.
(c) Nonalienation of Lands.
(d) Nuclear Waste Disposal.
(e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact on the
State of Hawaii, Guam, the Commonwealth of the Northern
Mariana Islands and American Samoa; Related Authorization
and Continuing Appropriation.
(f) Foreign Loans.
(g) Sense of Congress Concerning Funding of Public Infrastructure.
(h) Reports and Reviews.
(i) Construction of Section 141(f).
(j) Inflation adjustment.
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(k) Participation by secondary schools in the Armed Services Vocational Ap-
titude Battery (ASVAB) Student Testing Program.
Sec. 105. Supplemental Provisions.
(a) Domestic Program Requirements.
(b) Relations With the Federated States of Micronesia and the Republic of
the Marshall Islands.
(c) Continuing Trust Territory Authorization.
(d) Survivability.
(e) Noncompliance Sanctions; Actions Incompatible With United States Au-
thority.
(f) Continuing Programs and Laws.
(g) College of Micronesia.
(h) Trust Territory Debts to U.S. Federal Agencies.
(i) Judicial Training.
(j) Technical Assistance.
(k) Prior Service Benefits Program.
(l) Indefinite Land Use Payments.
(m) Communicable Disease Control Program.
(n) User Fees.
(o) Treatment of Judgments of Courts of the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau.
(p) Establishment of Trust Funds; Expedition of Process.
Sec. 106. Construction Contract Assistance.
(a) Assistance to U.S. Firms.
(b) Authorization of Appropriations.
Sec. 107. Prohibition.
Sec. 108. Compensatory Adjustments.
(a) Additional Programs and Services.
(b) Further Amounts.
Sec. 109. Authorization and Continuing Appropriation.
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.
TITLE II—COMPACTS OF FREE ASSOCIATION WITH THE FED-
ERATED 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 Fed-
erated 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.
TITLE ONE—GOVERNMENTAL RELATIONS
Article I—Self-Government.
Article II—Foreign Affairs.
Article III—Communications.
Article IV—Immigration.
Article V—Representation.
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Article VI—Environmental Protection.
Article VII—General Legal Provisions.
TITLE TWO—ECONOMIC RELATIONS
Article I—Grant Assistance.
Article II—Services and Program Assistance.
Article III—Administrative Provisions.
Article IV—Trade.
Article V—Finance and Taxation.
TITLE THREE—SECURITY AND DEFENSE RELATIONS
Article I—Authority and Responsibility.
Article II—Defense Facilities and Operating Rights.
Article III—Defense Treaties and International Security Agreements.
Article IV—Service in Armed Forces of the United States.
Article V—General Provisions.
TITLE FOUR—GENERAL PROVISIONS
Article I—Approval and Effective Date.
Article II—Conference and Dispute Resolution.
Article III—Amendment.
Article IV—Termination.
Article V—Survivability.
Article VI—Definition of Terms.
Article VII—Concluding Provisions.
(b) Compact of Free Association, as amended, between the Government of the
United States of America and the Government of the Republic
of the Marshall Islands.
TITLE ONE—GOVERNMENTAL RELATIONS
Article I—Self-Government.
Article II—Foreign Affairs.
Article III—Communications.
Article IV—Immigration.
Article V—Representation.
Article VI—Environmental Protection.
Article VII—General Legal Provisions.
TITLE TWO—ECONOMIC RELATIONS
Article I—Grant Assistance.
Article II—Services and Program Assistance.
Article III—Administrative Provisions.
Article IV—Trade.
Article V—Finance and Taxation.
TITLE THREE—SECURITY AND DEFENSE RELATIONS
rticle I—Authority and Responsibility.
Article II—Defense Facilities and Operating Rights.
Article III—Defense Treaties and International Security Agreements.
Article IV—Service in Armed Forces of the United States.
Article V—General Provisions.
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TITLE FOUR—GENERAL PROVISIONS
Article I—Approval and Effective Date.
Article II—Conference and Dispute Resolution.
Article III—Amendment.
Article IV—Termination.
Article V—Survivability.
Article VI—Definition of Terms.
Article VII—Concluding Provisions.
TITLE I—APPROVAL OF U.S.-FSM
COMPACT AND U.S.-RMI COM-
PACT; INTERPRETATION OF,
AND U.S. POLICIES REGARD-
ING, U.S.-FSM COMPACT AND
U.S.-RMI COMPACT; SUPPLE-
MENTAL PROVISIONS
SEC. 101. APPROVAL OF U.S.-FSM COMPACT OF FREE ASSO-
CIATION AND THE U.S.-RMI COMPACT OF
FREE ASSOCIATION; REFERENCES TO SUB-
SIDIARY AGREEMENTS OR SEPARATE AGREE-
MENTS.
(a) FEDERATED STATES OF MICRONESIA.—The Com-
pact of Free Association, as amended with respect to the
Federated States of Micronesia and signed by the United
States and the Government of the Federated States of Micro-
nesia and set forth in Title II (section 201(a)) of this joint
resolution, is hereby approved, and Congress hereby con-
sents to the subsidiary agreements and amended subsidiary
agreements listed in section 462 of the U.S.-FSM Compact.
Subject to the provisions of this joint resolution, the Presi-
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dent is authorized to agree, in accordance with section 411
of the U.S.-FSM Compact, to an effective date for and there-
after to implement such U.S.-FSM Compact.
(b) REPUBLIC
OF
THE MARSHALL ISLANDS.—The
Compact of Free Association, as amended with respect to
the Republic of the Marshall Islands and signed by the
United States and the Government of the Republic of the
Marshall Islands and set forth in Title II (section 201(b))
of this joint resolution, is hereby approved, and Congress
hereby consents to the subsidiary agreements and amended
subsidiary agreements listed in section 462 of the U.S.-RMI
Compact. Subject to the provisions of this joint resolution,
the President is authorized to agree, in accordance with sec-
tion 411 of the U.S.-RMI Compact, to an effective date for
and thereafter to implement such U.S.-RMI Compact.
(c) REFERENCES TO THE COMPACT, THE U.S.-FSM
COMPACT, AND THE U.S.-RMI COMPACT; REFERENCES TO
SUBSIDIARY AGREEMENTS OR SEPARATE AGREEMENTS.—
(1) Any reference in this joint resolution (except
references in Title II) to ‘‘the Compact’’ shall be treat-
ed as a reference to the Compact of Free Association
set forth in title II of Public Law 99–239, January
14, 1986, 99 Stat. 1770. Any reference in this joint
resolution to the ‘‘U.S.-FSM Compact’’ shall be treat-
ed as a reference to the Compact of Free Association,
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HJ 63 EAS
as amended between the Government of the United
States of America and the Government of the Fed-
erated States of Micronesia and set forth in Title II
(section 201(a)) of this joint resolution. Any reference
in this joint resolution to the ‘‘U.S.-RMI Compact’’
shall be treated as a reference to the Compact of Free
Association, as amended between the Government of
the United States of America and the Government of
the Republic of the Marshall Islands and set forth in
Title II (section 201(b)) of this joint resolution.
(2) Any reference to the term ‘‘subsidiary agree-
ments’’ or ‘‘separate agreements’’ in this joint resolu-
tion shall be treated as a reference to agreements list-
ed in section 462 of the U.S.-FSM Compact and the
U.S.-RMI Compact, and any other agreements that
the United States may from time to time enter into
with either the Government of the Federated States of
Micronesia or the Government of the Republic of the
Marshall Islands, or with both such governments in
accordance with the provisions of the U.S.-FSM Com-
pact and the U.S.-RMI Compact.
(d) AMENDMENT, CHANGE, OR TERMINATION IN THE
U.S.-FSM COMPACT AND U.S.-RMI COMPACT AND CER-
TAIN AGREEMENTS.—
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(1) Any amendment, change, or termination by
mutual agreement or by unilateral action of the Gov-
ernment of the United States of all or any part of the
U.S.-FSM Compact or U.S.-RMI Compact shall not
enter into force until after Congress has incorporated
it in an Act of Congress.
(2) The provisions of paragraph (1) shall
apply—
(A) to all actions of the Government of the
United States under the U.S.-FSM Compact or
U.S.-RMI Compact including, but not limited to,
actions taken pursuant to sections 431, 441, or
442;
(B) to any amendment, change, or termi-
nation in the Agreement Between the Govern-
ment of the United States and the Government
of the Federated States of Micronesia Regarding
Friendship, Cooperation and Mutual Security
Concluded Pursuant to Sections 321 and 323 of
the Compact of Free Association referred to in
section 462(a)(2) of the U.S.-FSM Compact and
the Agreement Between the Government of the
United States and the Government of the Mar-
shall Islands Regarding Mutual Security Con-
cluded Pursuant to Sections 321 and 323 of the
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Compact of Free Association referred to in sec-
tion 462(a)(5) of the U.S.-RMI Compact;
(C) to any amendment, change, or termi-
nation of the agreements concluded pursuant to
Compact section 177, and section 215(a) of the
U.S.-FSM Compact and section 216(a) of the
U.S.-RMI Compact, the terms of which are in-
corporated by reference into the U.S.-FSM Com-
pact and the U.S.-RMI Compact; and
(D) to the following subsidiary agreements,
or portions thereof:
(i) Articles III, IV, and X of the agree-
ment referred to in section 462(b)(6) of the
U.S.-RMI Compact:
(ii) Article III and IV of the agreement
referred to in section 462(b)(6) of the U.S.-
FSM Compact.
(iii) Articles VI, XV, and XVII of the
agreement referred to in section 462(b)(7) of
the U.S.-FSM Compact and U.S.-RMI
Compact.
(e) SUBSIDIARY AGREEMENTS DEEMED BILATERAL.—
For purposes of implementation of the U.S.-FSM Compact
and the U.S.-RMI Compact and this joint resolution, the
Agreement Concluded Pursuant to Section 234 of the Com-
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HJ 63 EAS
pact of Free Association and referred to in section 462(a)(1)
of the U.S.-FSM Compact and section 462(a)(4) of the U.S.-
RMI Compact shall be deemed to be a bilateral agreement
between the United States and each other party to such sub-
sidiary agreement. The consent or concurrence of any other
party shall not be required for the effectiveness of any ac-
tions taken by the United States in conjunction with either
the Federated States of Micronesia or the Republic of the
Marshall Islands which are intended to affect the implemen-
tation, modification, suspension, or termination of such
subsidiary agreement (or any provision thereof) as regards
the mutual responsibilities of the United States and the
party in conjunction with whom the actions are taken.
(f) ENTRY INTO FORCE OF FUTURE AMENDMENTS TO
SUBSIDIARY AGREEMENTS.—No agreement between the
United States and the government of either the Federated
States of Micronesia or the Republic of the Marshall Islands
which would amend, change, or terminate any subsidiary
agreement or portion thereof, other than those set forth in
subsection (d) of this section shall enter into force until 90
days after the President has transmitted such agreement to
the President of the Senate and the Speaker of the House
of Representatives together with an explanation of the
agreement and the reasons therefor. In the case of the agree-
ment referred to in section 462(b)(3) of the U.S.-FSM Com-
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pact and the U.S.-RMI Compact, such transmittal shall in-
clude a specific statement by the Secretary of Labor as to
the necessity of such amendment, change, or termination,
and the impact thereof.
SEC. 102. AGREEMENTS WITH FEDERATED STATES OF MI-
CRONESIA.
(a) LAW ENFORCEMENT ASSISTANCE.—Pursuant to
sections 222 and 224 of the U.S.-FSM Compact, the United
States shall provide non-reimbursable technical and train-
ing assistance as appropriate, including training and
equipment for postal inspection of illicit drugs and other
contraband, to enable the Government of the Federated
States of Micronesia to develop and adequately enforce laws
of the Federated States of Micronesia and to cooperate with
the United States in the enforcement of criminal laws of
the United States. Funds appropriated pursuant to section
105(j) of this title may be used to reimburse State or local
agencies providing such assistance.
(b) AGREEMENT ON AUDITS.—The Comptroller Gen-
eral (and his duly authorized representatives) shall have the
authorities necessary to carry out his responsibilities under
section 232 of the U.S.-FSM Compact and the agreement
referred to in section 462(b)(4) of the U.S.-FSM Compact,
including the following authorities:
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(1) GENERAL AUTHORITY OF THE COMPTROLLER
GENERAL TO AUDIT.—
(A) The Comptroller General of the United
States (and his duly authorized representatives)
shall have the authority to audit—
(i) all grants, program assistance, and
other assistance provided to the Government
of the Federated States of Micronesia under
Articles I and II of Title Two of the U.S.-
FSM Compact; and
(ii) any other assistance provided by
the Government of the United States to the
Government of the Federated States of Mi-
cronesia.
Such authority shall include authority for the
Comptroller General to conduct or cause to be
conducted any of the audits provided for in sec-
tion 232 of the U.S.-FSM Compact. The author-
ity provided in this paragraph shall continue for
at least three years after the last such grant has
been made or assistance has been provided.
(B) The Comptroller General (and his duly
authorized representatives) shall also have au-
thority to review any audit conducted by or on
behalf of the Government of the United States. In
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this connection, the Comptroller General shall
have access to such personnel and to such
records, documents, working papers, automated
data and files, and other information relevant to
such review.
(2) 
COMPTROLLER
GENERAL
ACCESS
TO
RECORDS.—
(A) In carrying out paragraph (1), the
Comptroller General (and his duly authorized
representatives) shall have such access to the per-
sonnel and (without cost) to records, documents,
working papers, automated data and files, and
other information relevant to such audits. The
Comptroller General may duplicate any such
records, documents, working papers, automated
data and files, or other information relevant to
such audits.
(B) Such records, documents, working pa-
pers, automated data and files, and other infor-
mation regarding each such grant or other as-
sistance shall be maintained for at least five
years after the date such grant or assistance was
provided and in a manner that permits such
grants, assistance, and payments to be accounted
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for distinct from any other funds of the Govern-
ment of the Federated States of Micronesia.
(3) STATUS
OF
COMPTROLLER
GENERAL
REP-
RESENTATIVES.—The Comptroller General and his
duly authorized representatives shall be immune from
civil and criminal process relating to words spoken or
written and all acts performed by them in their offi-
cial capacity and falling within their functions, ex-
cept insofar as such immunity may be expressly
waived by the Government of the United States. The
Comptroller General and his duly authorized rep-
resentatives shall not be liable to arrest or detention
pending trial, except in the case of a grave crime and
pursuant to a decision by a competent judicial au-
thority, and such persons shall enjoy immunity from
seizure of personal property, immigration restrictions,
and 
laws 
relating 
to 
alien 
registration,
fingerprinting, and the registration of foreign agents.
Such persons shall enjoy the same taxation exemp-
tions as are set forth in Article 34 of the Vienna Con-
vention on Diplomatic Relations. The privileges, ex-
emptions and immunities accorded under this para-
graph are not for the personal benefit of the individ-
uals concerned but are to safeguard the independent
exercise of their official functions. Without prejudice
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to those privileges, exemptions and immunities, it is
the duty of all such persons to respect the laws and
regulations of the Government of the Federated States
of Micronesia.
(4) AUDITS
DEFINED.—As used in this sub-
section, the term ‘‘audits’’ includes financial, pro-
gram, 
and 
management 
audits, 
including
determining—
(A) whether the Government of the Fed-
erated States of Micronesia has met the require-
ments set forth in the U.S.-FSM Compact, or
any related agreement entered into under the
U.S.-FSM Compact, regarding the purposes for
which such grants and other assistance are to be
used; and
(B) the propriety of the financial trans-
actions of the Government of the Federated
States of Micronesia pursuant to such grants or
assistance.
(5) COOPERATION BY FEDERATED STATES OF MI-
CRONESIA.—The Government of the Federated States
of Micronesia will cooperate fully with the Comp-
troller General of the United States in the conduct of
such audits as the Comptroller General determines
necessary to enable the Comptroller General to fully
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discharge his responsibilities under this joint resolu-
tion.
SEC. 103. AGREEMENTS WITH AND OTHER PROVISIONS RE-
LATED TO THE REPUBLIC OF THE MARSHALL
ISLANDS.
(a) LAW ENFORCEMENT ASSISTANCE.—Pursuant to
sections 222 and 224 of the U.S.-RMI Compact, the United
States shall provide non-reimbursable technical and train-
ing assistance as appropriate, including training and
equipment for postal inspection of illicit drugs and other
contraband, to enable the Government of the Marshall Is-
lands to develop and adequately enforce laws of the Mar-
shall Islands and to cooperate with the United States in
the enforcement of criminal laws of the United States.
Funds appropriated pursuant to section 105(j) of this title
may be used to reimburse State or local agencies providing
such assistance.
(b) EJIT.—
(1) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that the
President of the United States shall negotiate with the
Government of the Marshall Islands an agreement
whereby, without prejudice as to any claims which
have been or may be asserted by any party as to
rightful title and ownership of any lands on Ejit, the
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Government of the Marshall Islands shall assure that
lands on Ejit used as of January 1, 1985, by the peo-
ple of Bikini, will continue to be available without
charge for their use, until such time as Bikini is re-
stored and inhabitable and the continued use of Ejit
is no longer necessary, unless a Marshall Islands
court of competent jurisdiction finally determines that
there are legal impediments to continued use of Ejit
by the people of Bikini.
(2) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that if the
impediments described in paragraph (1) do arise, the
United States will cooperate with the Government of
the Marshall Islands in assisting any person ad-
versely affected by such judicial determination to re-
main on Ejit, or in locating suitable and acceptable
alternative lands for such person’s use.
(3) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that para-
graph (1) shall not be applied in a manner which
would prevent the Government of the Marshall Islands
from acting in accordance with its constitutional
processes to resolve title and ownership claims with
respect to such lands or from taking substitute or ad-
ditional measures to meet the needs of the people of
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Bikini with their democratically expressed consent
and approval.
(c) SECTION 177 AGREEMENT.—
(1) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that in fur-
therance of the purposes of Article I of the Subsidiary
Agreement for Implementation of Section 177 of the
Compact, the payment of the amount specified therein
shall be made by the United States under Article I of
the Agreement between the Government of the United
States and the Government of the Marshall Islands
for the Implementation of section 177 of the Compact
(hereafter in this subsection referred to as the ‘‘Sec-
tion 177 Agreement’’) only after the Government of
the Marshall Islands has notified the President of the
United States as to which investment management
firm has been selected by such Government to act as
Fund Manager under Article I of the Section 177
Agreement.
(2) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that in the
event that the President determines that an invest-
ment management firm selected by the Government of
the Marshall Islands does not meet the requirements
specified in Article I of the Section 177 Agreement,
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the United States shall invoke the conference and dis-
pute resolution procedures of Article II of Title Four
of the Compact. Pending the resolution of such a dis-
pute and until a qualified Fund Manager has been
designated, the Government of the Marshall Islands
shall place the funds paid by the United States pur-
suant to Article I of the Section 177 Agreement into
an interest-bearing escrow account. Upon designation
of a qualified Fund Manager, all funds in the escrow
account shall be transferred to the control of such
Fund Manager for management pursuant to the Sec-
tion 177 Agreement.
(3) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that if the
Government of the Marshall Islands determines that
some other investment firm should act as Fund Man-
ager in place of the firm first (or subsequently) se-
lected by such Government, the Government of the
Marshall Islands shall so notify the President of the
United States, identifying the firm selected by such
Government to become Fund Manager, and the Presi-
dent shall proceed to evaluate the qualifications of
such identified firm.
(4) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that at the
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end of 15 years after the effective date of the Compact,
the firm then acting as Fund Manager shall transfer
to the Government of the Marshall Islands, or to such
account as such Government shall so notify the Fund
Manager, all remaining funds and assets being man-
aged by the Fund Manager under the Section 177
Agreement.
(d) NUCLEAR TEST EFFECTS.—In the joint resolution
of January 14, 1986 (Public Law 99–239) Congress pro-
vided that in approving the Compact, the Congress under-
stands and intends that the peoples of Bikini, Enewetak,
Rongelap, and Utrik, who were affected by the United
States nuclear weapons testing program in the Marshall Is-
lands, will receive the amounts of $75,000,000 (Bikini);
$48,750,000 (Enewetak); $37,500,000 (Rongelap); and
$22,500,000 (Utrik), respectively, which amounts shall be
paid out of proceeds from the fund established under Article
I, section 1 of the subsidiary agreement for the implementa-
tion of section 177 of the Compact. The amounts specified
in this subsection shall be in addition to any amounts
which may be awarded to claimants pursuant to Article
IV of the subsidiary agreement for the implementation of
Section 177 of the Compact.
(e) ESPOUSAL PROVISIONS.—
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(1) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that it is the
intention of the Congress of the United States that the
provisions of section 177 of the Compact of Free Asso-
ciation and the Agreement between the Government of
the United States and the Government of the Marshall
Islands for the Implementation of Section 177 of the
Compact (hereafter in this subsection referred to as
the ‘‘Section 177 Agreement’’) constitute a full and
final settlement of all claims described in Articles X
and XI of the Section 177 Agreement, and that any
such claims be terminated and barred except insofar
as provided for in the Section 177 Agreement.
(2) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that in fur-
therance of the intention of Congress as stated in
paragraph (1) of this subsection, the Section 177
Agreement is hereby ratified and approved. It is the
explicit understanding and intent of Congress that the
jurisdictional limitations set forth in Article XII of
such Agreement are enacted solely and exclusively to
accomplish the objective of Article X of such Agree-
ment and only as a clarification of the effect of Arti-
cle X, and are not to be construed or implemented
separately from Article X.
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(f) DOE RADIOLOGICAL HEALTH CARE PROGRAM;
USDA AGRICULTURAL AND FOOD PROGRAMS.—
(1) MARSHALL
ISLANDS
PROGRAM.—Notwith-
standing any other provision of law, upon the request
of the Government of the Republic of the Marshall Is-
lands, the President (either through an appropriate
department or agency of the United States or by con-
tract with a United States firm) shall continue to
provide special medical care and logistical support
thereto for the remaining members of the population
of Rongelap and Utrik who were exposed to radiation
resulting from the 1954 United States thermo-nuclear
‘‘Bravo’’ test, pursuant to Public Laws 95–134 and
96–205.
(2) AGRICULTURAL AND FOOD PROGRAMS.—
(A) IN GENERAL.—In the joint resolution of
January 14, 1986 (Public Law 99–239) Con-
gress provided that notwithstanding any other
provision of law, upon the request of the Govern-
ment of the Marshall Islands, for the first fifteen
years after the effective date of the Compact, the
President (either through an appropriate depart-
ment or agency of the United States or by con-
tract with a United States firm or by a grant
to the Government of the Republic of the Mar-
†
HJ 63 EAS
shall Islands which may further contract only
with a United States firm or a Republic of the
Marshall Islands firm, the owners, officers and
majority of the employees of which are citizens
of the United States or the Republic of the Mar-
shall Islands) shall provide technical and other
assistance—
(i) without reimbursement, to continue
the planting and agricultural maintenance
program on Enewetak, as provided in sub-
paragraph (C); and
(ii) without reimbursement, to con-
tinue the food programs of the Bikini and
Enewetak people described in section 1(d) of
Article II of the Subsidiary Agreement for
the Implementation of Section 177 of the
Compact and for continued waterborne
transportation of agricultural products to
Enewetak including operations and mainte-
nance of the vessel used for such purposes.
(B) POPULATION CHANGES.—The President
shall ensure the assistance provided under these
programs reflects the changes in the population
since the inception of such programs.
†
HJ 63 EAS
(C) PLANTING AND AGRICULTURAL MAINTE-
NANCE PROGRAM.—
(i) IN
GENERAL.—The planting and
agricultural 
maintenance 
program 
on
Enewetak shall be funded at a level of not
less than $1,300,000 per year, as adjusted
for inflation under section 218 of the U.S.-
RMI Compact.
(ii) AUTHORIZATION AND CONTINUING
APPROPRIATION.—There is hereby author-
ized and appropriated to the Secretary of
the Interior, out of any funds in the Treas-
ury not otherwise appropriated, to remain
available until expended, for each fiscal
year from 2004 through 2023, $1,300,000,
as adjusted for inflation under section 218
of the U.S.-RMI Compact, for grants to
carry out the planting and agricultural
maintenance program.
(3) PAYMENTS.—In the joint resolution of Janu-
ary 14, 1986 (Public Law 99–239) Congress provided
that payments under this subsection shall be provided
to such extent or in such amounts as are necessary for
services and other assistance provided pursuant to
this subsection. It is the sense of Congress that after
†
HJ 63 EAS
the periods of time specified in paragraphs (1) and
(2) of this subsection, consideration will be given to
such additional funding for these programs as may be
necessary.
(g) RONGELAP.—
(1) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that because
Rongelap was directly affected by fallout from a 1954
United States thermonuclear test and because the
Rongelap people remain unconvinced that it is safe to
continue to live on Rongelap Island, it is the intent
of Congress to take such steps (if any) as may be nec-
essary to overcome the effects of such fallout on the
habitability of Rongelap Island, and to restore
Rongelap Island, if necessary, so that it can be safely
inhabited. Accordingly, it is the expectation of the
Congress that the Government of the Marshall Islands
shall use such portion of the funds specified in Article
II, section 1(e) of the subsidiary agreement for the
implementation of section 177 of the Compact as are
necessary for the purpose of contracting with a quali-
fied scientist or group of scientists to review the data
collected by the Department of Energy relating to ra-
diation levels and other conditions on Rongelap Is-
land resulting from the thermonuclear test. It is the
†
HJ 63 EAS
expectation of the Congress that the Government of the
Marshall Islands, after consultation with the people of
Rongelap, shall select the party to review such data,
and shall contract for such review and for submission
of a report to the President of the United States and
the Congress as to the results thereof.
(2) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that the pur-
pose of the review referred to in paragraph (1) of this
subsection shall be to establish whether the data cited
in support of the conclusions as to the habitability of
Rongelap Island, as set forth in the Department of
Energy report entitled: ‘‘The Meaning of Radiation
for Those Atolls in the Northern Part of the Marshall
Islands That Were Surveyed in 1978’’, dated Novem-
ber 1982, are adequate and whether such conclusions
are fully supported by the data. If the party review-
ing the data concludes that such conclusions as to
habitability are fully supported by adequate data, the
report to the President of the United States and the
Congress shall so state. If the party reviewing the
data concludes that the data are inadequate to sup-
port such conclusions as to habitability or that such
conclusions as to habitability are not fully supported
by the data, the Government of the Marshall Islands
†
HJ 63 EAS
shall contract with an appropriate scientist or group
of scientists to undertake a complete survey of radi-
ation and other effects of the nuclear testing program
relating to the habitability of Rongelap Island. Such
sums as are necessary for such survey and report con-
cerning the results thereof and as to steps needed to
restore the habitability of Rongelap Island are au-
thorized to be made available to the Government of
the Marshall Islands.
(3) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that it is the
intent of Congress that such steps (if any) as are nec-
essary to restore the habitability of Rongelap Island
and return the Rongelap people to their homeland
will be taken by the United States in consultation
with the Government of the Marshall Islands and, in
accordance with its authority under the Constitution
of the Marshall Islands, the Rongelap local govern-
ment council.
(4) There are hereby authorized and appro-
priated to the Secretary of the Interior, out of any
funds in the Treasury not otherwise appropriated, to
remain available until expended, for fiscal year 2005,
$1,780,000; for fiscal year 2006, $1,760,000; and for
fiscal year 2007, $1,760,000, as the final contribu-
†
HJ 63 EAS
tions of the United States to the Rongelap Resettle-
ment Trust Fund as established pursuant to Public
Law 102–154 (105 Stat. 1009), for the purposes of es-
tablishing a food importation program as a part of
the overall resettlement program of Rongelap Island.
(h) FOUR ATOLL HEALTH CARE PROGRAM.—
(1) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that services
provided by the United States Public Health Service
or any other United States agency pursuant to sec-
tion 1(a) of Article II of the Agreement for the Imple-
mentation of Section 177 of the Compact (hereafter in
this subsection referred to as the ‘‘Section 177 Agree-
ment’’) shall be only for services to the people of the
Atolls of Bikini, Enewetak, Rongelap, and Utrik who
were affected by the consequences of the United States
nuclear testing program, pursuant to the program de-
scribed in Public Law 95–134 (91 Stat. 1159) and
Public Law 96–205 (94 Stat. 84) and their descend-
ants (and any other persons identified as having been
so affected if such identification occurs in the manner
described in such public laws). Nothing in this sub-
section shall be construed as prejudicial to the views
or policies of the Government of the Marshall Islands
†
HJ 63 EAS
as to the persons affected by the consequences of the
United States nuclear testing program.
(2) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that at the
end of the first year after the effective date of the
Compact and at the end of each year thereafter, the
providing agency or agencies shall return to the Gov-
ernment of the Marshall Islands any unexpended
funds to be returned to the Fund Manager (as de-
scribed in Article I of the Section 177 Agreement) to
be covered into the Fund to be available for future
use.
(3) In the joint resolution of January 14, 1986
(Public Law 99–239) Congress provided that the
Fund Manager shall retain the funds returned by the
Government of the Marshall Islands pursuant to
paragraph (2) of this subsection, shall invest and
manage such funds, and at the end of 15 years after
the effective date of the Compact, shall make from the
total amount so retained and the proceeds thereof an-
nual disbursements sufficient to continue to make
payments for the provision of health services as speci-
fied in paragraph (1) of this subsection to such extent
as may be provided in contracts between the Govern-
†
HJ 63 EAS
ment of the Marshall Islands and appropriate United
States providers of such health services.
(i) ENJEBI COMMUNITY TRUST FUND.—In the joint
resolution of January 14, 1986 (Public Law 99–239) Con-
gress provided that notwithstanding any other provision of
law, the Secretary of the Treasury shall establish on the
books of the Treasury of the United States a fund having
the status specified in Article V of the subsidiary agreement
for the implementation of Section 177 of the Compact, to
be known as the ‘‘Enjebi Community Trust Fund’’ (here-
after in this subsection referred to as the ‘‘Fund’’), and shall
credit to the Fund the amount of $7,500,000. Such amount,
which shall be ex gratia, shall be in addition to and not
charged against any other funds provided for in the Com-
pact and its subsidiary agreements, this joint resolution,
or any other Act. Upon receipt by the President of the
United States of the agreement described in this subsection,
the Secretary of the Treasury, upon request of the Govern-
ment of the Marshall Islands, shall transfer the Fund to
the Government of the Marshall Islands, provided that the
Government of the Marshall Islands agrees as follows:
(1) ENJEBI TRUST AGREEMENT.—In the joint
resolution of January 14, 1986 (Public Law 99–239)
Congress provided that the Government of the Mar-
shall Islands and the Enewetak Local Government
†
HJ 63 EAS
January 14, 1986, the people of Enjebi cannot resettle
Enjebi without exceeding the radiation standards set
forth in paragraph (2) of this subsection, then the
fund manager shall be directed by the trust instru-
ment to distribute the Fund to the people of Enjebi
for their resettlement at some other location in ac-
cordance with a plan, developed by the Enewetak
Local Government Council and the people of Enjebi
and concurred with by the Government of the Mar-
shall Islands, to assure consistency with the govern-
ment’s overall economic development plan.
(5) INTEREST FROM FUND.—In the joint resolu-
tion of January 14, 1986 (Public Law 99–239) Con-
gress provided that prior to and during the distribu-
tion of the corpus of the Fund pursuant to para-
graphs (3) and (4) of this subsection, the people of
Enjebi may, if they so request, receive the interest
earned by the Fund on no less frequent a basis than
quarterly.
(6) DISCLAIMER OF LIABILITY.—In the joint res-
olution of January 14, 1986 (Public Law 99–239)
Congress provided that neither under the laws of the
Marshall Islands nor under the laws of the United
States, shall the Government of the United States be
liable for any loss or damage to person or property
†
HJ 63 EAS
in respect to the resettlement of Enjebi by the people
of Enjebi, pursuant to the provision of this subsection
or otherwise.
(j) BIKINI ATOLL CLEANUP.—
(1) DECLARATION OF POLICY.—In the joint reso-
lution of January 14, 1986 (Public Law 99–239), the
Congress determined and declared that it is the policy
of the United States, to be supported by the full faith
and credit of the United States, that because the
United States, through its nuclear testing and other
activities, rendered Bikini Atoll unsafe for habitation
by the people of Bikini, the United States will fulfill
its responsibility for restoring Bikini Atoll to habit-
ability, as set forth in paragraph (2) and (3) of this
subsection.
(2) CLEANUP
FUNDS.—The joint resolution of
January 14, 1986 (Public Law 99–239) authorized to
be appropriated such sums as necessary to implement
the settlement agreement of March 15, 1985, in The
People of Bikini, et al. against United States of
America, et al., Civ. No. 84–0425 (D. Ha.).
(3) CONDITIONS OF FUNDING.—In the joint reso-
lution of January 14, 1986 (Public Law 99–239) the
Congress provided that the funds referred to in para-
graph (2) were to be made available pursuant to Arti-
†
HJ 63 EAS
cle VI, Section 1 of the Compact Section 177 Agree-
ment upon completion of the events set forth in the
settlement agreement referred to in paragraph (2) of
this subsection.
(k) AGREEMENT ON AUDITS.—The Comptroller Gen-
eral (and his duly authorized representatives) shall have the
authorities necessary to carry out his responsibilities under
section 232 of the U.S.-RMI Compact and the agreement
referred to in section 462(b)(4) of the U.S.-RMI Compact,
including the following authorities:
(1) GENERAL AUTHORITY OF THE COMPTROLLER
GENERAL TO AUDIT.—
(A) The Comptroller General of the United
States (and his duly authorized representatives)
shall have the authority to audit—
(i) all grants, program assistance, and
other assistance provided to the Government
of the Republic of the Marshall Islands
under Articles I and II of Title Two of the
U.S.-RMI Compact; and
(ii) any other assistance provided by
the Government of the United States to the
Government of the Republic of the Marshall
Islands.
†
HJ 63 EAS
Such authority shall include authority for the
Comptroller General to conduct or cause to be
conducted any of the audits provided for in sec-
tion 232 of the U.S.-RMI Compact. The author-
ity provided in this paragraph shall continue for
at least three years after the last such grant has
been made or assistance has been provided.
(B) The Comptroller General (and his duly
authorized representatives) shall also have au-
thority to review any audit conducted by or on
behalf of the Government of the United States. In
this connection, the Comptroller General shall
have access to such personnel and to such
records, documents, working papers, automated
data and files, and other information relevant to
such review.
(2) 
COMPTROLLER
GENERAL
ACCESS
TO
RECORDS.—
(A) In carrying out paragraph (1), the
Comptroller General (and his duly authorized
representatives) shall have such access to the per-
sonnel and (without cost) to records, documents,
working papers, automated data and files, and
other information relevant to such audits. The
Comptroller General may duplicate any such
†
HJ 63 EAS
records, documents, working papers, automated
data and files, or other information relevant to
such audits.
(B) Such records, documents, working pa-
pers, automated data and files, and other infor-
mation regarding each such grant or other as-
sistance shall be maintained for at least five
years after the date such grant or assistance was
provided and in a manner that permits such
grants, assistance and payments to be accounted
for distinct from any other funds of the Govern-
ment of the Republic of the Marshall Islands.
(3) STATUS
OF
COMPTROLLER
GENERAL
REP-
RESENTATIVES.—The Comptroller General and his
duly authorized representatives shall be immune from
civil and criminal process relating to words spoken or
written and all acts performed by them in their offi-
cial capacity and falling within their functions, ex-
cept insofar as such immunity may be expressly
waived by the Government of the United States. The
Comptroller General and his duly authorized rep-
resentatives shall not be liable to arrest or detention
pending trial, except in the case of a grave crime and
pursuant to a decision by a competent judicial au-
thority, and such persons shall enjoy immunity from
†
HJ 63 EAS
seizure of personal property, immigration restrictions,
and 
laws 
relating 
to 
alien 
registration,
fingerprinting, and the registration of foreign agents.
Such persons shall enjoy the same taxation exemp-
tions as are set forth in Article 34 of the Vienna Con-
vention on Diplomatic Relations. The privileges, ex-
emptions and immunities accorded under this para-
graph are not for the personal benefit of the individ-
uals concerned but are to safeguard the independent
exercise of their official functions. Without prejudice
to those privileges, exemptions and immunities, it is
the duty of all such persons to respect the laws and
regulations of the Government of the Republic of the
Marshall Islands.
(4) AUDITS
DEFINED.—As used in this sub-
section, the term ‘‘audits’’ includes financial, pro-
gram, 
and 
management 
audits, 
including
determining—
(A) whether the Government of the Republic
of the Marshall Islands has met the requirements
set forth in the U.S.-RMI Compact, or any re-
lated agreement entered into under the U.S.-RMI
Compact, regarding the purposes for which such
grants and other assistance are to be used; and
†
HJ 63 EAS
(B) the propriety of the financial trans-
actions of the Government of the Republic of the
Marshall Islands pursuant to such grants or as-
sistance.
(5) COOPERATION
BY
THE
REPUBLIC
OF
THE
MARSHALL ISLANDS.—The Government of the Repub-
lic of the Marshall Islands will cooperate fully with
the Comptroller General of the United States in the
conduct of such audits as the Comptroller General de-
termines necessary to enable the Comptroller General
to fully discharge his responsibilities under this joint
resolution.
(l) KWAJALEIN.—
(1) STATEMENT OF POLICY.—It is the policy of
the United States that payment of funds by the Gov-
ernment of the Marshall Islands to the landowners of
Kwajalein Atoll in accordance with the land use
agreement dated October 19, 1982, or as amended or
superseded, and any related allocation agreements, is
required in order to ensure that the Government of
the United States will be able to fulfill its obligation
and responsibilities under Title Three of the U.S.-
RMI Compact and the subsidiary agreements con-
cluded pursuant to the U.S.-RMI Compact.
(2) FAILURE TO PAY.—
†
HJ 63 EAS
(A) IN GENERAL.—If the Government of the
Marshall Islands fails to make payments in ac-
cordance with paragraph (1), the Government of
the United States shall initiate procedures under
section 313 of the U.S.-RMI Compact and con-
sult with the Government of the Marshall Islands
with respect to the basis for the nonpayment of
funds.
(B) RESOLUTION.—The United States shall
expeditiously resolve the matter of any non-
payment of funds required under paragraph (1)
pursuant to section 313 of the U.S.-RMI Com-
pact and the authority and responsibility of the
Government of the United States for security
and defense matters in or relating to the Mar-
shall Islands. This paragraph shall be enforced,
as may be necessary, in accordance with section
105(e).
(3) DISPOSITION
OF
INCREASED
PAYMENTS
PENDING NEW LAND USE AGREEMENT.—Until such
time as the Government of the Marshall Islands and
the landowners of Kwajalein Atoll have concluded an
agreement amending or superseding the land use
agreement reflecting the terms of and consistent with
the Military Use Operating Rights Agreement dated
†
HJ 63 EAS
October 19, 1982, any amounts paid by the United
States to the Government of the Marshall Islands in
excess of the amounts required to be paid pursuant to
the land use agreement dated October 19, 1982, shall
be paid into, and held in, an interest bearing escrow
account in a United States financial institution by
the Government of the Republic of the Marshall Is-
lands. At such time, the funds and interest held in es-
crow shall be paid to the landowners of Kwajalein in
accordance with the new land use agreement. If no
such agreement is concluded by the date which is five
years after the date of enactment of this resolution,
then such funds and interest shall, unless otherwise
mutually agreed between the Government of the
United States of America and the Government of the
Republic of the Marshall Islands, be returned to the
U.S. Treasury.
(4) NOTIFICATIONS AND REPORT.—
(A) The Government of the Republic of the
Marshall Islands shall notify the Government of
the United States of America when an agreement
amending or superseding the land use agreement
dated October 19, 1982, is concluded.
(B) If no agreement amending or super-
seding the land use agreement dated October 19,
†
HJ 63 EAS
1982 is concluded by the date five years after the
date of enactment of this resolution, then the
President shall report to Congress on the inten-
tions of the United States with respect to the use
of Kwajalein Atoll after 2016, on any plans to
relocate activities carried out on Kwajalein
Atoll, and on the disposition of the funds and in-
terest held in escrow under paragraph (3).
(5) ASSISTANCE.—The President is authorized to
make loans and grants to the Government of the Mar-
shall Islands to address the special needs of the com-
munity at Ebeye, Kwajalein Atoll, and other
Marshallese communities within the Kwajalein Atoll,
pursuant to development plans adopted in accordance
with applicable laws of the Marshall Islands. The
loans and grants shall be subject to such other terms
and conditions as the President, in the discretion of
the President, may determine are appropriate.
SEC. 104. INTERPRETATION OF AND UNITED STATES POL-
ICY REGARDING U.S.-FSM COMPACT AND U.S.-
RMI COMPACT.
(a) HUMAN RIGHTS.—In approving the U.S.-FSM
Compact and the U.S.-RMI Compact, Congress notes the
conclusion in the Statement of Intent of the Report of The
Future Political Status Commission of the Congress of Mi-
†
HJ 63 EAS
cronesia in July, 1969, that ‘‘our recommendation of a free
associated state is indissolubly linked to our desire for such
a democratic, representative, constitutional government’’
and notes that such desire and intention are reaffirmed and
embodied in the Constitutions of the Federated States of Mi-
cronesia and the Republic of the Marshall Islands. Congress
also notes and specifically endorses the preamble to the
U.S.-FSM Compact and the U.S.-RMI Compact, which af-
firms that the governments of the parties to the U.S.-FSM
Compact and the U.S.-RMI Compact are founded upon re-
spect for human rights and fundamental freedoms for all.
The Secretary of State shall include in the annual reports
on the status of internationally recognized human rights in
foreign countries, which are submitted to Congress pursuant
to sections 116 and 502B of the Foreign Assistance Act of
1961, ‘‘22 U.S.C. 2151n, 2304’’ a full and complete report
regarding the status of internationally recognized human
rights in the Federated States of Micronesia and the Repub-
lic of the Marshall Islands.
(b) IMMIGRATION AND PASSPORT SECURITY.—
(1) NATURALIZED
CITIZENS.—The rights of a
bona fide naturalized citizen of the Federated States
of Micronesia or the Republic of the Marshall Islands
to enter the United States, to lawfully engage therein
in occupations, and to establish residence therein as
†
HJ 63 EAS
a nonimmigrant, to the extent such rights are pro-
vided under section 141 of the U.S.-FSM Compact
and U.S.-RMI Compact, shall not be deemed to ex-
tend 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 appro-
priate officials of the United States and subject to
United States procedural requirements, that such nat-
uralized status was acquired primarily in order to
obtain such rights.
(2) PASSPORTS.—It is the sense of Congress that
up to $250,000 of the grant assistance provided to the
Federated States of Micronesia pursuant to section
211(a)(4) of the U.S.-FSM Compact, and up to
$250,000 of the grant assistance provided to the Re-
public 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 Micro-
nesia or the government of the Republic of the Mar-
shall Islands), be used for the purpose of increasing
the machine-readability and security of passports
issued by such jurisdictions. It is further the sense of
†
HJ 63 EAS
Congress that such funds be obligated by September
30, 2004 and in the amount and manner specified by
the Secretary of State in consultation with the Sec-
retary 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 seek-
ing admission under section 141 of the U.S.-FSM
Compact and the U.S.-RMI Compact contain the se-
curity enhancements funded by such assistance.
(3) INFORMATION-SHARING.—It is the sense of
Congress that the governments of the Federated States
of Micronesia and the Republic of the Marshall Is-
lands 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-re-
lated 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
†
HJ 63 EAS
date of this Compact, as amended’’ in sections
141(a)(3) and 141(a)(4) of the U.S.-FSM Compact
and the U.S.-RMI Compact shall be construed to
read, ‘‘on the day prior to the enactment by the
United States Congress of the Compact of Free Asso-
ciation Amendments Act of 2003.’’.
(c) NONALIENATION
OF LANDS.—Congress endorses
and encourages the maintenance of the policies of the Gov-
ernment of the Federated States of Micronesia and the Gov-
ernment of the Republic of the Marshall Islands to regulate,
in accordance with their Constitutions and laws, the alien-
ation of permanent interests in real property so as to re-
strict the acquisition of such interests to persons of Fed-
erated States of Micronesia citizenship and the Republic of
the Marshall Islands citizenship, respectively.
(d) NUCLEAR WASTE DISPOSAL.—In approving the
U.S.-FSM Compact and the U.S.-RMI Compact, Congress
understands that the Government of the Federated States
of Micronesia and the Government of the Republic of the
Marshall Islands will not permit any other government or
any nongovernmental party to conduct, in the Republic of
the Marshall Islands or in the Federated States of Micro-
nesia, any of the activities specified in subsection (a) of sec-
tion 314 of the U.S.-FSM Compact and the U.S.-RMI Com-
pact.
†
HJ 63 EAS
(e) IMPACT OF THE U.S.-FSM COMPACT AND THE
U.S.-RMI COMPACT ON THE STATE OF HAWAII, GUAM, THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
AND AMERICAN SAMOA; RELATED AUTHORIZATION AND
CONTINUING APPROPRIATION.—
(1) STATEMENT OF CONGRESSIONAL INTENT.—In
reauthorizing the U.S.-FSM Compact and the U.S.-
RMI Compact, it is not the intent of Congress to
cause any adverse consequences for an affected juris-
diction.
(2) DEFINITIONS.—For the purposes of this
title—
(A) the term ‘‘affected jurisdiction’’ means
American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, or the State of
Hawaii; and
(B) the term ‘‘qualified nonimmigrant’’
means a person, or their children under the age
of 18, admitted or resident pursuant to section
141 of the U.S.-RMI or U.S.-FSM Compact, or
section 141 of the Palau Compact who, as of a
date referenced in the most recently published
enumeration is a resident of an affected jurisdic-
tion. As used in this subsection, the term ‘‘resi-
dent’’ shall be a person who has a ‘‘residence,’’
†
HJ 63 EAS
as that term is defined in section 101(a)(33) of
the Immigration and Nationality Act, as amend-
ed.
(3) AUTHORIZATION
AND
CONTINUING
APPRO-
PRIATION.—There is hereby authorized and appro-
priated to the Secretary of the Interior, out of any
funds in the Treasury not otherwise appropriated, to
remain available until expended, for each fiscal year
from 2004 through 2023, $30,000,000 for grants to af-
fected jurisdictions to aid in defraying costs incurred
by affected jurisdictions as a result of increased de-
mands placed on health, educational, social, or public
safety services or infrastructure related to such serv-
ices due to the residence in affected jurisdictions of
qualified nonimmigrants from the Republic of the
Marshall Islands, the Federated States of Micronesia,
or the Republic of Palau. The grants shall be—
(A) awarded and administered by the De-
partment of the Interior, Office of Insular Af-
fairs, or any successor thereto, in accordance
with regulations, policies and procedures appli-
cable to grants so awarded and administered,
and
(B) used only for health, educational, social,
or public safety services, or infrastructure related
†
HJ 63 EAS
to such services, specifically affected by qualified
nonimmigrants.
(4) ENUMERATION.—The Secretary of the Inte-
rior shall conduct periodic enumerations of qualified
nonimmigrants in each affected jurisdiction. The
enumerations—
(A) shall be conducted at such intervals as
the Secretary of the Interior shall determine, but
no less frequently than every five years, begin-
ning in fiscal year 2003;
(B) shall be supervised by the United States
Bureau of the Census or such other organization
as the Secretary of the Interior may select; and
(C) after fiscal year 2003, shall be funded
by the Secretary of the Interior by deducting
such sums as are necessary, but not to exceed
$300,000 as adjusted for inflation pursuant to
section 217 of the U.S. FSM Compact with fiscal
year 2003 as the base year, per enumeration,
from funds appropriated pursuant to the author-
ization contained in paragraph (3) of this sub-
section.
(5) ALLOCATION.—The Secretary of the Interior
shall allocate to the government of each affected juris-
diction, on the basis of the results of the most recent
†
HJ 63 EAS
enumeration, grants in an aggregate amount equal to
the total amount of funds appropriated under para-
graph (3) of this subsection, as reduced by any deduc-
tions authorized by subparagraph (C) of paragraph
(4) of this subsection, multiplied by a ratio derived
by dividing the number of qualified nonimmigrants
in such affected jurisdiction by the total number of
qualified nonimmigrants in all affected jurisdictions.
(6) AUTHORIZATION FOR HEALTH CARE REIM-
BURSEMENT.—There are hereby authorized to be ap-
propriated to the Secretary of the Interior such sums
as may be necessary to reimburse health care institu-
tions in the affected jurisdictions for costs resulting
from the migration of citizens of the Republic of the
Marshall Islands, the Federated States of Micronesia
and the Republic of Palau to the affected jurisdictions
as a result of the implementation of the Compact of
Free Association, approved by Public Law 99–239, or
the approval of the U.S.-FSM Compact and the U.S.-
RMI Compact by this resolution.
(7) USE OF DOD MEDICAL FACILITIES AND NA-
TIONAL HEALTH SERVICE CORPS.—
(A) DOD MEDICAL FACILITIES.—The Sec-
retary of Defense shall make available, on a
space available and reimbursable basis, the med-
†
HJ 63 EAS
ical facilities of the Department of Defense for
use by citizens of the Federated States of Micro-
nesia and the Republic of the Marshall Islands
who are properly referred to the facilities by gov-
ernment authorities responsible for provision of
medical services in the Federated States of Mi-
cronesia, the Republic of the Marshall Islands,
the Republic of Palau and the affected jurisdic-
tions.
(B) NATIONAL HEALTH SERVICE CORPS.—
The Secretary of Health and Human Services
shall continue to make the services of the Na-
tional Health Service Corps available to the resi-
dents 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 au-
thorized to be provided to persons residing in
any other areas within or outside the United
States.
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to carry out this paragraph such sums as are
necessary for each fiscal year.
(8) REPORTING REQUIREMENT.—Not later than
one year after the date of enactment of this joint reso-
†
HJ 63 EAS
lution, and at one year intervals thereafter, the Gov-
ernors of Guam, the State of Hawaii, the Common-
wealth of the Northern Mariana Islands, and Amer-
ican Samoa may provide to the Secretary of the Inte-
rior by February 1 of each year their comments with
respect to the impacts of the Compacts on their re-
spective 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 im-
pacts of the Compacts as well as the Administra-
tion’s analysis of such impact.
(B) The Administration views on any rec-
ommendations for corrective action to eliminate
those consequences as proposed by such Gov-
ernors.
(C) With regard to immigration, statistics
concerning the number of persons availing them-
selves of the rights described in section 141(a) of
the Compact during the year covered by each re-
port.
(D) With regard to trade, an analysis of the
impact on the economy of American Samoa re-
sulting from imports of canned tuna into the
†
HJ 63 EAS
United States from the Federated States of Mi-
cronesia, and the Republic of the Marshall Is-
lands.
(9) RECONCILIATION OF UNREIMBURSED IMPACT
EXPENSES.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, the President, to address
previously accrued and unreimbursed impact ex-
penses, 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 depart-
ment, agency, independent agency, office, or in-
strumentality 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 Is-
lands shall each submit to the Secretary of
†
HJ 63 EAS
the Interior a report, prepared in consulta-
tion with an independent accounting firm,
substantiating unreimbursed impact ex-
penses claimed for the period from January
14, 1986, through September 30, 2003.
Upon request of the Secretary of the Inte-
rior, the Governor of Guam and the Gov-
ernor of the Commonwealth of the Northern
Mariana Islands shall submit to the Sec-
retary of the Interior copies of all docu-
ments upon which the report submitted by
that Governor under this clause was based.
(ii) CONGRESSIONAL NOTIFICATION.—
The President shall notify Congress of his
intent to exercise the authority granted in
subparagraph (A).
(iii) CONGRESSIONAL
REVIEW
AND
COMMENT.—Any 
reduction, 
release, 
or
waiver under this Act shall not take effect
until 60 days after the President notifies
Congress of his intent to approve a request
of the Governor of Guam or the Governor of
the Commonwealth of the Northern Mariana
Islands. In exercising his authority under
this section and in determining whether to
†
HJ 63 EAS
give final approval to a request, the Presi-
dent shall take into consideration comments
he may receive after Congressional review.
(iv) 
EXPIRATION.—The 
authority
granted in subparagraph (A) shall expire
on February 28, 2005.
(10) AUTHORIZATION OF APPROPRIATIONS FOR
GRANTS.—There are hereby authorized to the Sec-
retary 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 Ha-
waii, the Commonwealth of the Northern Mariana Is-
lands, and American Samoa, as a result of increased
demands placed on educational, social, or public safe-
ty services or infrastructure related to service due to
the presence in Guam, Hawaii, the Commonwealth of
the Northern Mariana Islands, and American Samoa
of qualified nonimmigrants from the Federated States
of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau.
(f) FOREIGN LOANS.—Congress hereby reaffirms the
United States position that the United States Government
is not responsible for foreign loans or debt obtained by the
Governments of the Federated States of Micronesia and the
Republic of the Marshall Islands.
†
HJ 63 EAS
(g) SENSE OF CONGRESS CONCERNING FUNDING OF
PUBLIC INFRASTRUCTURE.—It is the sense of Congress that
not less than 30 percent of the United States annual grant
assistance provided under section 211 of the Compact of
Free Association, as amended, between the Government of
the United States of America and the Government of the
Federated States of Micronesia, and not less than 30 percent
of the total amount of section 211 funds allocated to each
of the States of the Federated States of Micronesia, shall
be invested in infrastructure improvements and mainte-
nance in accordance with section 211(a)(6). It is further
the sense of Congress that not less than 30 percent of the
United States annual grant assistance provided under sec-
tion 211 of the Compact of Free Association, as amended,
between the Government of the United States of America
and the Government of the Republic of the Marshall Islands,
shall be invested in infrastructure improvements and main-
tenance in accordance with section 211(d).
(h) REPORTS AND REVIEWS.—
(1) REPORT BY THE PRESIDENT.—Not later than
the end of the first full calendar year following enact-
ment of this resolution, and not later than December
31 of each year thereafter, the President shall report
to Congress regarding the Federated States of Micro-
†
HJ 63 EAS
nesia and the Republic of the Marshall Islands, in-
cluding but not limited to—
(A) general social, political, and economic
conditions, including estimates of economic
growth, per capita income, and migration rates;
(B) the use and effectiveness of United
States financial, program, and technical assist-
ance;
(C) the status of economic policy reforms
including but not limited to progress toward es-
tablishing self-sufficient tax rates;
(D) the status of the efforts to increase in-
vestment including: the rate of infrastructure in-
vestment of U.S. financial assistance under the
U.S.-FSM Compact and the U.S.-RMI Compact;
non-U.S. contributions to the trust funds, and
the level of private investment; and
(E) recommendations on ways to increase
the effectiveness of United States assistance and
to meet overall economic performance objectives,
including, if appropriate, recommendations to
Congress to adjust the inflation rate or to adjust
the contributions to the Trust Funds based on
non-U.S. contributions.
†
HJ 63 EAS
thereafter, the Comptroller General of the United
States shall submit to Congress a report on the Fed-
erated States of Micronesia and the Republic of the
Marshall Islands including the topics set forth in
paragraphs (1) (A) through (E) above, and on the ef-
fectiveness of administrative oversight by the United
States.
(i) CONSTRUCTION
OF
SECTION
141(f).—Section
141(f)(2) of the Compact of Free Association, as amended,
between the Government of the United States of America
and the Government of the Federated States of Micronesia
and of the Compact of Free Association, as amended, be-
tween the Government of the United States of America and
the Government of the Republic of the Marshall Islands,
shall be construed as though, after ‘‘may by regulations pre-
scribe’’, there were included the following: ‘‘, except that any
such regulations that would have a significant effect on the
admission, stay and employment privileges provided under
this section shall not become effective until 90 days after
the date of transmission of the regulations to the Committee
on Energy and Natural Resources and the Committee on
the Judiciary of the Senate and the Committee on Re-
sources, the Committee on International Relations, and the
Committee on the Judiciary of the House of Representa-
tives’’.
†
HJ 63 EAS
(j) INFLATION ADJUSTMENT.—As of Fiscal Year 2015,
if the United States Gross Domestic Product Implicit Price
Deflator average for Fiscal Years 2009 through 2013 is
greater than United States Gross Domestic Product Im-
plicit Price Deflator average for Fiscal Years 2004 through
2008 (as reported in the Survey of Current Business or sub-
sequent publication and compiled by the Department of In-
terior), then section 217 of the U.S.-FSM Compact, para-
graph 5 of Article II of the U.S.-FSM Fiscal Procedures
Agreement, section 218 of the U.S.-RMI Compact, and
paragraph 5 of Article II of the U.S.-RMI Fiscal Procedures
Agreement shall be construed as if ‘‘the full’’ appeared in
place of ‘‘two-thirds of the’’ each place those words appear.
If an inflation adjustment is made under this subsection,
the base year for calculating the inflation adjustment shall
be fiscal year 2014.
(k) PARTICIPATION BY SECONDARY SCHOOLS IN THE
ARMED
SERVICES
VOCATIONAL
APTITUDE
BATTERY
(ASVAB) STUDENT TESTING PROGRAM.—In furtherance of
the provisions of Title Three, Article IV, Section 341 of the
U.S.-FSM and the U.S.-RMI Compacts, the purpose of
which is to establish the privilege to volunteer for service
in the U.S. Armed Forces, it is the sense of Congress that,
to facilitate eligibility of FSM and RMI secondary school
students to qualify for such service, the Department of De-
†
HJ 63 EAS
fense may extend the Armed Services Vocational Aptitude
Battery (ASVAB) Student Testing Program (STP) and the
ASVAB Career Exploration Program to selected secondary
Schools in the FSM and the RMI to the extent such pro-
grams are available to Department of Defense Dependent
Schools located in foreign jurisdictions.
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 sub-
ject to all applicable criteria, standards, reporting require-
ments, 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 IS-
LANDS.—
(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 man-
†
HJ 63 EAS
aging the funds so appropriated consistent with the
U.S.-FSM Compact and the U.S.-RMI Compact, in-
cluding 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 re-
ferred to in section 462(b)(5) of the U.S.-FSM Com-
pact 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 sub-
section (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 re-
ferred 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 pro-
grams 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
†
HJ 63 EAS
the Secretaries of the Interior and State regarding
provision of such programs and services. The Secre-
taries of the Interior and State shall consult with ap-
propriate 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 assist-
ance to the Federated States of Micronesia and the
Republic of the Marshall Islands.
(5) United States Government employees in ei-
ther the Federated States of Micronesia or the Repub-
lic of the Marshall Islands are subject to the authority
of the United States Chief of Mission, including as
elaborated in section 207 of the Foreign Service Act
and the President’s Letter of Instruction to the United
States Chief of Mission and any order or directive of
the President in effect from time to time.
(6) INTERAGENCY
GROUP
ON
FREELY
ASSOCI-
ATED STATES’ AFFAIRS.—
(A) IN GENERAL.—The President is hereby
authorized to appoint an Interagency Group on
Freely Associated States’ Affairs to provide pol-
icy guidance and recommendations on imple-
mentation of the U.S.-FSM Compact and the
†
HJ 63 EAS
U.S.-RMI Compact to Federal departments and
agencies.
(B) SECRETARIES.—It is the sense of Con-
gress that the Secretary of State and the Sec-
retary of the Interior shall be represented on the
Interagency Group.
(7) UNITED STATES APPOINTEES TO JOINT COM-
MITTEES.—
(A) JOINT
ECONOMIC
MANAGEMENT
COM-
MITTEE.—
(i) IN
GENERAL.—The three United
States appointees (United States chair plus
two members) to the Joint Economic Man-
agement Committee provided for in section
213 of the U.S.-FSM Compact and Article
III of the U.S.-FSM Fiscal Procedures
Agreement referred to in section 462(b)(4) of
the U.S.-FSM Compact shall be United
States Government officers or employees.
(ii) DEPARTMENTS.—It is the sense of
Congress that 2 of the 3 appointees should
be designated from the Department of State
and the Department of the Interior, and
that U.S. officials of the Asian Development
Bank shall be consulted in order to properly
†
HJ 63 EAS
coordinate U.S. and Asian Development
Bank financial, program, and technical as-
sistance.
(iii) ADDITIONAL SCOPE.—Section 213
of the U.S.-FSM Compact shall be construed
to read as though the phrase, ‘‘the imple-
mentation of economic policy reforms to en-
courage investment and to achieve self-suffi-
cient tax rates,’’ were inserted after ‘‘with
particular focus on those parts of the plan
dealing with the sectors identified in sub-
section (a) of section 211’’.
(B) JOINT ECONOMIC MANAGEMENT AND FI-
NANCIAL ACCOUNTABILITY COMMITTEE.—
(i) IN
GENERAL.—The three United
States appointees (United States chair plus
two members) to the Joint Economic Man-
agement 
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 Gov-
ernment officers or employees.
†
HJ 63 EAS
(ii) DEPARTMENTS.—It is the sense of
Congress that 2 of the 3 appointees should
be designated from the Department of State
and the Department of the Interior, and
that U.S. officials of the Asian Development
Bank shall be consulted in order to properly
coordinate U.S. and Asian Development
Bank financial, program, and technical as-
sistance.
(iii) ADDITIONAL SCOPE.—Section 214
of the U.S.-RMI Compact shall be construed
to read as though the phrase, ‘‘the imple-
mentation of economic policy reforms to en-
courage investment and to achieve self-suffi-
cient tax rates,’’ were inserted after ‘‘with
particular focus on those parts of the frame-
work dealing with the sectors and areas
identified in subsection (a) of section 211’’.
(8) OVERSIGHT AND COORDINATION.—It is the
sense of Congress that the Secretary of State and the
Secretary of the Interior shall ensure that there are
personnel resources committed in the appropriate
numbers and locations to ensure effective oversight of
United States assistance, and effective coordination of
assistance among United States agencies and with
†
HJ 63 EAS
other international donors such as the Asian Develop-
ment Bank.
(9) The United States voting members (United
States chair plus two or more members) of the Trust
Fund Committee appointed by the Government of the
United States pursuant to Article 7 of the Trust
Fund Agreement implementing section 215 of the
U.S.-FSM Compact and referred to in section
462(b)(5) of the U.S.-FSM Compact and any alter-
nates 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 alter-
nates designated by the Government of the United
States shall be United States Government officers or
employees. It is the sense of Congress that the ap-
pointees should be designated from the Department of
State, the Department of the Interior, and the De-
partment of the Treasury.
†
HJ 63 EAS
(10) The Trust Fund Committee provided for in
Article 7 of the U.S.-FSM Trust Fund Agreement im-
plementing section 215 of the U.S.-FSM Compact
shall be a nonprofit corporation incorporated under
the laws of the District of Columbia. To the extent
that any law, rule, regulation or ordinance of the
District of Columbia, or of any State or political sub-
division thereof in which the Trust Fund Committee
is incorporated or doing business, impedes or other-
wise 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 resolu-
tion. The Trust Fund Committee provided for in Ar-
ticle 7 of the U.S.-RMI Trust Fund Agreement imple-
menting 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 incor-
porated or doing business, impedes or otherwise inter-
feres with the performance of the functions of the
Trust Fund Committee pursuant to this joint resolu-
†
HJ 63 EAS
tion, such law, rule, regulation, or ordinance shall be
deemed to be preempted by this joint resolution.
(c) CONTINUING
TRUST
TERRITORY
AUTHORIZA-
TION.—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 Mar-
shall 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 lim-
ited to, completion of projects and fulfillment of com-
mitments 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 popu-
lations of Bikini, Enewetak, Rongelap, and Utrik;
and technical assistance and training in financial
management, program administration, and mainte-
nance of infrastructure.
(d) SURVIVABILITY.—In furtherance of the provisions
of Title Four, Article V, sections 452 and 453 of the U.S.-
FSM Compact and the U.S.-RMI Compact, any provisions
of the U.S.-FSM Compact or the U.S.-RMI Compact which
†
HJ 63 EAS
remain effective after the termination of the U.S.-FSM
Compact or U.S.-RMI Compact by the act of any party
thereto and which are affected in any manner by provisions
of this title shall remain subject to such provisions.
(e) NONCOMPLIANCE SANCTIONS; ACTIONS INCOMPAT-
IBLE WITH UNITED STATES AUTHORITY.—Congress ex-
presses its understanding that the Governments of the Fed-
erated States of Micronesia and the Republic of the Mar-
shall 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 Com-
pact, including the agreements referred to in sections
462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the
U.S.-RMI Compact. Congress further expresses its intention
that any such act on the part of either such Government
will be viewed by the United States as a material breach
of the U.S.-FSM Compact or U.S.-RMI Compact. The Gov-
ernment 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 lim-
†
HJ 63 EAS
ited to) the suspension in whole or in part of the obligations
of the Government of the United States to that Government.
(f) CONTINUING PROGRAMS AND LAWS.—
(1) FEDERATED STATES OF MICRONESIA AND RE-
PUBLIC 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 Com-
pact, the programs and services of the following agen-
cies shall be made available to the Federated States
of Micronesia and to the Republic of the Marshall Is-
lands:
(A) CONTINUATION OF THE PROGRAMS AND
SERVICES OF THE FEDERAL EMERGENCY MAN-
AGEMENT
AGENCY.—Except as provided in
clauses (ii) and (iii), the programs and services
of the Department of Homeland Security, Fed-
eral Emergency Management Agency shall con-
tinue to be available to the Federated States of
Micronesia and the Republic of the Marshall Is-
lands to the same extent as such programs and
services were available in fiscal year 2003.
(i) Paragraph (a)(6) of section 221 of
the U.S.-FSM Compact and paragraph
(a)(5) of the U.S.-RMI Compact shall each
be construed as though the paragraph reads
†
HJ 63 EAS
as follows: ‘‘the Department of Homeland
Security, United States Federal Emergency
Management Agency.’’
(ii) Subsection (d) of section 211 of the
U.S.-FSM Compact and subsection (e) of
section 211 of the U.S.-RMI Compact shall
each be construed as though the subsection
reads as follows: ‘‘Not more than $200,000
(as adjusted for inflation pursuant to sec-
tion 217 of the U.S.-FSM Compact and sec-
tion 218 of the U.S.-RMI Compact) shall be
made available by the Secretary of the Inte-
rior to the Department of Homeland Secu-
rity, Federal Emergency Management Agen-
cy to facilitate the activities of the Federal
Emergency Management Agency in accord-
ance with and to the extent provided in the
Federal Programs and Services Agreement.’’
(iii) The Secretary of State, in con-
sultation with the Department of Homeland
Security and the Federal Emergency Man-
agement Agency, shall immediately under-
take negotiations with the Government of
the Federated States of Micronesia and the
Government of the Republic of the Marshall
†
HJ 63 EAS
Islands regarding disaster assistance and
shall report to the appropriate committees
of Congress no later than June 30, 2004, on
the outcome of such negotiations, including
recommendations for changes to law regard-
ing disaster assistance under the U.S.-FSM
Compact and the U.S.-RMI Compact, and
including subsidiary agreements as needed
to implement such changes to law. If an
agreement is not concluded, and legislation
enacted which reflects such agreement, before
the date which is five years after the date
of enactment of this Joint Resolution, the
following provisions shall apply:
‘‘Paragraph (a)(6) of section 221 of the
U.S.- FSM Compact and paragraph (a)(5)
of section 221 of the U.S.-RMI Compact
shall each be construed and applied as if
each provision reads as follows:
‘‘The U.S. Agency for International
Development shall be responsible for the
provision of emergency and disaster relief
assistance in accordance with its statutory
authorities, regulations and policies. The
Republic of the Marshall Islands and the
†
HJ 63 EAS
Federated States of Micronesia may addi-
tionally request that the President make an
emergency or major disaster declaration. If
the President declares an emergency or
major disaster, the Department of Home-
land Security (DHS), the Federal Emer-
gency Management Agency (FEMA) and the
U.S. Agency for International Development
shall jointly (a) assess the damage caused
by the emergency or disaster and (b) pre-
pare a reconstruction plan including an es-
timate of the total amount of Federal re-
sources that are needed for reconstruction.
Pursuant to an interagency agreement,
FEMA shall transfer funds from the Dis-
aster Relief Fund in the amount of the esti-
mate, together with an amount to be deter-
mined for administrative expenses, to the
U.S. Agency for International Development,
which shall carry out reconstruction activi-
ties in the Republic of the Marshall Islands
and the Federated States of Micronesia in
accordance with the reconstruction plan.
For purposes of Disaster Relief Fund ap-
propriations, the funding of the activities to
†
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be carried out pursuant to this paragraph
shall be deemed to be necessary expenses in
carrying out the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq).
‘‘DHS may provide to the Republic of
the Marshall Islands and the Federated
States of Micronesia preparedness grants to
the extent that such assistance is available
to the States of the United States. Funding
for this assistance may be made available
from appropriations made to DHS for pre-
paredness activities.’’.
(B) TREATMENT
OF
ADDITIONAL
PRO-
GRAMS.—
(i) 
CONSULTATION.—The 
United
States appointees to the committees estab-
lished pursuant to section 213 of the U.S.-
FSM Compact and section 214 of the U.S.-
RMI Compact shall consult with the Sec-
retary of Education regarding the objectives,
use, and monitoring of United States finan-
cial, program, and technical assistance
made available for educational purposes.
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HJ 63 EAS
(ii) 
CONTINUING
PROGRAMS.—The
Government of the United States—
(I) shall continue to make avail-
able to the Federated States of Micro-
nesia and the Republic of the Marshall
Islands for fiscal years 2004 through
2023, the services to individuals eligi-
ble for such services under the Individ-
uals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) to the extent
that such services continue to be avail-
able to individuals in the United
States; and
(II) shall continue to make avail-
able to eligible institutions in the Fed-
erated States of Micronesia and the
Republic of the Marshall Islands, and
to students enrolled in such institu-
tions, and in institutions in the
United States and its territories, for
fiscal years 2004 through 2023, grants
under subpart 1 of part A of title IV
of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) to the extent
that such grants continue to be avail-
†
HJ 63 EAS
able to institutions and students in the
United States.
(iii) 
SUPPLEMENTAL
EDUCATION
GRANTS.—In lieu of eligibility for appro-
priations under part A of title I of the Ele-
mentary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.), title I of the
Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.), other than subtitle C
of that Act (29 U.S.C. 2881 et seq.) (Job
Corps), title II of the Workforce Investment
Act of 1998 (20 U.S.C. 9201 et seq.; com-
monly known as the Adult Education and
Family Literacy Act), title I of the Carl D.
Perkins Vocational and Technical Edu-
cation Act of 1998 (20 U.S.C. 2321 et seq.),
the Head Start Act (42 U.S.C. 9831 et seq.),
and subpart 3 of part A, and part C, of
title IV of the Higher Education Act of
1965 (20 U.S.C. 1070b et seq., 42 U.S.C.
2751 et seq.), there are authorized to be ap-
propriated to the Secretary of Education to
supplement the education grants under sec-
tion 211(a)(1) of the U.S.-FSM Compact
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HJ 63 EAS
and section 211(a)(1) of the U.S.-RMI Com-
pact, respectively, the following amounts:
(I) $12,230,000 for the Federated
States of Micronesia for fiscal year
2005 and an equivalent amount, as
adjusted for inflation under section
217 of the U.S.-FSM Compact, for each
of fiscal years 2005 through 2023; and
(II) $6,100,000 for the Republic of
the Marshall Islands for fiscal year
2005 and an equivalent amount, as
adjusted for inflation under section
218 of the U.S.-RMI Compact, for each
of fiscal years 2005 through 2023,
except that citizens of the Federated States
of Micronesia and the Republic of the Mar-
shall Islands who attend an institution of
higher education in the United States or its
territories, the Federated States of Micro-
nesia, or the Republic of the Marshall Is-
lands on the date of enactment of this joint
resolution may continue to receive assist-
ance under such subpart 3 of part A or part
C, for not more than 4 academic years after
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HJ 63 EAS
such date to enable such citizens to complete
their program of study.
(iv) 
FISCAL
PROCEDURES.—Appro-
priations made pursuant to clause (iii)
shall be used and monitored in accordance
with an agreement between the Secretary of
Education, the Secretary of Labor, the Sec-
retary of Health and Human Services, and
the Secretary of the Interior, and in accord-
ance with the respective Fiscal Procedures
Agreements referred to in section 462(b)(4)
of the U.S.-FSM Compact and section
462(b)(4) of the U.S.-RMI Compact. The
agreement between the Secretary of Edu-
cation, the Secretary of Labor, the Secretary
of Health and Human Services, and the
Secretary of the Interior shall provide for
the transfer, not later than 60 days after the
appropriations made pursuant to clause
(iii) become available to the Secretary of
Education, the Secretary of Labor, and the
Secretary of Health and Human Services,
from the Secretary of Education, the Sec-
retary of Labor, and the Secretary of
†
HJ 63 EAS
Health and Human Services, to the Sec-
retary of the Interior for disbursement.
(v) FORMULA
EDUCATION
GRANTS.—
For fiscal years 2005 through 2023, except
as provided in clause (ii) and the exception
provided under clause (iii), the Govern-
ments of the Federated States of Micronesia
and the Republic of the Marshall Islands
shall not receive any grant under any for-
mula-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.) ad-
ministered by the Secretary of Health and
Human Services.
(vi) 
TRANSITION.—For 
fiscal 
year
2004, the Governments of the Federated
States of Micronesia and the Republic of the
Marshall Islands shall continue to be eligi-
ble for appropriations and to receive grants
under the provisions of law specified in
clauses (ii) and (iii).
(vii) 
TECHNICAL
ASSISTANCE.—The
Federated States of Micronesia and the Re-
public of the Marshall Islands may request
†
100
HJ 63 EAS
do so in its own name and right, except as otherwise pro-
vided 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 inter-
national law;
(2) the conduct of its commercial, diplomatic,
consular, economic, trade, banking, postal, civil avia-
tion, communications, and cultural relations, includ-
ing negotiations for the receipt of developmental loans
and grants and the conclusion of arrangements with
other governments and international and intergovern-
mental 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 govern-
ments and regional and international organizations.
(d) In the conduct of its foreign affairs, the Govern-
ment of the Federated States of Micronesia confirms that
†
275
HJ 63 EAS
effective date of this Compact, as amended, the Republic of
the Marshall Islands shall continue to be eligible to receive
proceeds from the Trust Fund described in section 216 of
this Compact, as amended, in the manner described in those
provisions and the Trust Fund Agreement.
Section 454
Notwithstanding any other provision of this Compact,
as amended:
(a) The Government of the United States reaf-
firms its continuing interest in promoting the eco-
nomic advancement and budgetary self-reliance of the
people of the Republic of the Marshall Islands.
(b) The separate agreements referred to in Article
II of Title Three shall remain in effect in accordance
with their terms.
Article VI
Definition of Terms
Section 461
For the purpose of this Compact, as amended, only,
and without prejudice to the views of the Government of
the United States or the Government of the Republic of the
Marshall Islands as to the nature and extent of the jurisdic-
tion of either of them under international law, the following
terms shall have the following meanings: