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(6) Agreement Regarding the Military Use and 
Operating Rights of the Government of the United 
States in the Federated States of Micronesia Con-
cluded Pursuant to Sections 211(b), 321 and 323 of 
the Compact of Free Association, as Amended; and 
the 
(7) Status of Forces Agreement Between the Gov-
ernment of the United States of America and the Gov-
ernment of the Federated States of Micronesia Con-
cluded Pursuant to Section 323 of the Compact of 
Free Association, as Amended. 
Section 463
(a) Except as set forth in subsection (b) of this section, 
any reference in this Compact, as amended, to a provision 
of the United States Code or the Statutes at Large of the 
United States constitutes the incorporation of the language 
of such provision into this Compact, as amended, as such 
provision was in force on the effective date of this Compact, 
as amended. 
(b) Any reference in Articles IV and Article VI of Title 
One and Sections 174, 175, 178 and 342 to a provision 
of the United States Code or the Statutes at Large of the 
United States or to the Privacy Act, the Freedom of Infor-
mation Act, the Administrative Procedure Act or the Immi-
gration and Nationality Act constitutes the incorporation
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of the language of such provision into this Compact, as 
amended, as such provision was in force on the effective 
date of this Compact, as amended, or as it may be amended 
thereafter on a non-discriminatory basis according to the 
constitutional processes of the United States. 
Article VII 
Concluding Provisions 
Section 471
Both the Government of the United States and the Gov-
ernment of the Federated States of Micronesia shall take 
all necessary steps, of a general or particular character, to 
ensure, no later than the entry into force date of this Com-
pact, as amended, the conformity of its laws, regulations 
and administrative procedures with the provisions of this 
Compact, as amended, or in the case of subsection (d) of 
section 141, as soon as reasonably possible thereafter. 
Section 472
This Compact, as amended, may be accepted, by signa-
ture or otherwise, by the Government of the United States 
and the Government of the Federated States of Micronesia. 
IN WITNESS WHEREOF, the undersigned, duly au-
thorized, have signed this Compact of Free Association, as 
amended, which shall enter into force upon the exchange 
of diplomatic notes by which the Government of the United 
States of America and the Government of the Federated
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States of Micronesia inform each other about the fulfillment 
of their respective requirements for entry into force. 
DONE at Pohnpei, Federated States of Micronesia, in 
duplicate, this fourteenth (14) day of May, 2003, each text 
being equally authentic.
Signed (May 14, 2003) 
Signed (May 14, 2003) 
For the Government of the 
For the Government of the 
United States of America: 
Federated States of 
Micronesia:
(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 
PREAMBLE 
THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA AND THE GOVERNMENT OF THE 
REPUBLIC OF THE MARSHALL ISLANDS 
Affirming that their Governments and their relation-
ship as Governments are founded upon respect for human 
rights and fundamental freedoms for all, and that the people 
of the Republic of the Marshall Islands have the right to 
enjoy self-government; and 
Affirming the common interests of the United States 
of America and the Republic of the Marshall Islands in cre-
ating and maintaining their close and mutually beneficial 
relationship through the free and voluntary association of 
their respective Governments; and
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Affirming the interest of the Government of the United 
States in promoting the economic advancement and budg-
etary self-reliance of the Republic of the Marshall Islands; 
and 
Recognizing that their relationship until the entry into 
force on October 21, 1986 of the Compact was based upon 
the International Trusteeship System of the United Nations 
Charter, and in particular Article 76 of the Charter; and 
that pursuant to Article 76 of the Charter, the people of 
the Republic of the Marshall Islands have progressively de-
veloped their institutions of self-government, and that in 
the exercise of their sovereign right to self-determination 
they, through their freely-expressed wishes, have adopted a 
Constitution appropriate to their particular circumstances; 
and 
Recognizing that the Compact reflected their common 
desire to terminate the Trusteeship and establish a govern-
ment-to-government relationship which was in accordance 
with the new political status based on the freely expressed 
wishes of the people of the Republic of the Marshall Islands 
and appropriate to their particular circumstances; and 
Recognizing that the people of the Republic of the Mar-
shall Islands have and retain their sovereignty and their 
sovereign right to self-determination and the inherent right 
to adopt and amend their own Constitution and form of
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government and that the approval of the entry of the Gov-
ernment of the Republic of the Marshall Islands into the 
Compact by the people of the Republic of the Marshall Is-
lands constituted an exercise of their sovereign right to self-
determination; and 
Recognizing the common desire of the people of the 
United States and the people of the Republic of the Marshall 
Islands to maintain their close government-to-government 
relationship, the United States and the Republic of the Mar-
shall Islands:
NOW, THEREFORE, MUTUALLY AGREE to con-
tinue and strengthen their relationship of free association 
by amending the Compact, which continues to provide a 
full measure of self-government for the people of the Repub-
lic of the Marshall Islands; and 
FURTHER AGREE that the relationship of free asso-
ciation derives from and is as set forth in this Compact, 
as amended, by the Governments of the United States and 
the Republic of the Marshall Islands; and that, during such 
relationship of free association, the respective rights and re-
sponsibilities of the Government of the United States and 
the Government of the Republic of the Marshall Islands in 
regard to this relationship of free association derive from 
and are as set forth in this Compact, as amended.
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TITLE ONE 
GOVERNMENTAL RELATIONS 
Article I 
Self-Government 
Section 111
The people of the Republic of the Marshall Islands, act-
ing through the Government established under their Con-
stitution, are self-governing. 
Article II 
Foreign Affairs 
Section 121
(a) The Government of the Republic of the Marshall 
Islands has the capacity to conduct foreign affairs and shall 
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 Republic of the Marshall Islands 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-
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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 Republic of the Marshall Islands 
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 Republic of the Marshall Islands confirms that 
it shall act in accordance with principles of international 
law and shall settle its international disputes by peaceful 
means. 
Section 122
The Government of the United States shall support ap-
plications by the Government of the Republic of the Mar-
shall Islands for membership or other participation in re-
gional or international organizations as may be mutually 
agreed. 
Section 123
(a) In recognition of the authority and responsibility 
of the Government of the United States under Title Three,
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the Government of the Republic of the Marshall Islands 
shall consult, in the conduct of its foreign affairs, with the 
Government of the United States. 
(b) In recognition of the foreign affairs capacity of the 
Government of the Republic of the Marshall Islands, the 
Government of the United States, in the conduct of its for-
eign affairs, shall consult with the Government of the Re-
public of the Marshall Islands on matters that the Govern-
ment of the United States regards as relating to or affecting 
the Government of the Republic of the Marshall Islands. 
Section 124
The Government of the United States may assist or 
act on behalf of the Government of the Republic of the Mar-
shall Islands in the area of foreign affairs as may be re-
quested and mutually agreed from time to time. The Gov-
ernment of the United States shall not be responsible to 
third parties for the actions of the Government of the Re-
public of the Marshall Islands undertaken with the assist-
ance or through the agency of the Government of the United 
States pursuant to this section unless expressly agreed. 
Section 125
The Government of the United States shall not be re-
sponsible for nor obligated by any actions taken by the Gov-
ernment of the Republic of the Marshall Islands in the area
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of foreign affairs, except as may from time to time be ex-
pressly agreed. 
Section 126
At the request of the Government of the Republic of 
the Marshall Islands and subject to the consent of the receiv-
ing state, the Government of the United States shall extend 
consular assistance on the same basis as for citizens of the 
United States to citizens of the Republic of the Marshall 
Islands for travel outside the Republic of the Marshall Is-
lands, the United States and its territories and possessions. 
Section 127
Except as otherwise provided in this Compact, as 
amended, or its related agreements, all obligations, respon-
sibilities, rights and benefits of the Government of the 
United States as Administering Authority which resulted 
from the application pursuant to the Trusteeship Agreement 
of any treaty or other international agreement to the Trust 
Territory of the Pacific Islands on October 20, 1986, are, 
as of that date, no longer assumed and enjoyed by the Gov-
ernment of the United States. 
Article III 
Communications 
Section 131
(a) The Government of the Republic of the Marshall 
Islands has full authority and responsibility to regulate its
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domestic and foreign communications, and the Government 
of the United States shall provide communications assist-
ance as mutually agreed. 
(b) The Government of the Republic of the Marshall 
Islands has elected to undertake all functions previously 
performed by the Government of the United States with re-
spect to domestic and foreign communications, except for 
those functions set forth in a separate agreement entered 
into pursuant to this section of the Compact, as amended. 
Section 132
The Government of the Republic of the Marshall Is-
lands shall permit the Government of the United States to 
operate telecommunications services in the Republic of the 
Marshall Islands to the extent necessary to fulfill the obliga-
tions of the Government of the United States under this 
Compact, as amended, in accordance with the terms of sepa-
rate agreements entered into pursuant to this section of the 
Compact, as amended. 
Article IV 
Immigration 
Section 141
(a) In furtherance of the special and unique relation-
ship that exists between the United States and the Republic 
of the Marshall Islands, under the Compact, as amended, 
any person in the following categories may be admitted to
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lawfully engage in occupations, and establish residence as 
a nonimmigrant in the United States and its territories 
and possessions (the ‘‘United States’’) without regard to 
paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Im-
migration and Nationality Act, as amended, 8 U.S.C. 
1182(a)(5) or (7)(B)(i)(II): 
(1) a person who, on October 21, 1986, was a 
citizen of the Trust Territory of the Pacific Islands, 
as defined in Title 53 of the Trust Territory Code in 
force on January 1, 1979, and has become and re-
mains a citizen of the Republic of the Marshall Is-
lands; 
(2) a person who acquires the citizenship of the 
Republic of the Marshall Islands at birth, on or after 
the effective date of the Constitution of the Republic 
of the Marshall Islands; 
(3) an immediate relative of a person referred to 
in paragraphs (1) or (2) of this section, provided that 
such immediate relative is a naturalized citizen of the 
Republic of the Marshall Islands who has been an ac-
tual resident there for not less than five years after 
attaining such naturalization and who holds a certifi-
cate of actual residence, and further provided, that, in 
the case of a spouse, such spouse has been married to 
the person referred to in paragraph (1) or (2) of this
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section for at least five years, and further provided, 
that the Government of the United States is satisfied 
that such naturalized citizen meets the requirement of 
subsection (b) of section 104 of Public Law 99–239 as 
it was in effect on the day prior to the effective date 
of this Compact, as amended; 
(4) a naturalized citizen of the Republic of the 
Marshall Islands who was an actual resident there for 
not less than five years after attaining such natu-
ralization and who satisfied these requirements as of 
April 30, 2003, who continues to be an actual resi-
dent and holds a certificate of actual residence, and 
whose name is included in a list furnished by the 
Government of the Republic of the Marshall Islands to 
the Government of the United States no later than the 
effective date of the Compact, as amended, in form 
and content acceptable to the Government of the 
United States, provided, that the Government of the 
United States is satisfied that such naturalized cit-
izen meets the requirement of subsection (b) of section 
104 of Public Law 99–239 as it was in effect on the 
day prior to the effective date of this Compact, as 
amended; or 
(5) an immediate relative of a citizen of the Re-
public of the Marshall Islands, regardless of the imme-
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diate relative’s country of citizenship or period of res-
idence in the Republic of the Marshall Islands, if the 
citizen of the Republic of the Marshall Islands is serv-
ing on active duty in any branch of the United States 
Armed Forces, or in the active reserves. 
(b) Notwithstanding subsection (a) of this section, a 
person who is coming to the United States pursuant to an 
adoption outside the United States, or for the purpose of 
adoption in the United States, is ineligible for admission 
under the Compact and the Compact, as amended. This sub-
section shall apply to any person who is or was an appli-
cant for admission to the United States on or after March 
1, 2003, including any applicant for admission in removal 
proceedings (including appellate proceedings) on or after 
March 1, 2003, regardless of the date such proceedings were 
commenced. This subsection shall have no effect on the abil-
ity of the Government of the United States or any United 
States State or local government to commence or otherwise 
take any action against any person or entity who has vio-
lated any law relating to the adoption of any person. 
(c) Notwithstanding subsection (a) of this section, no 
person who has been or is granted citizenship in the Repub-
lic of the Marshall Islands, or has been or is issued a Repub-
lic of the Marshall Islands passport pursuant to any invest-
ment, passport sale, or similar program has been or shall
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be eligible for admission to the United States under the 
Compact or the Compact, as amended. 
(d) A person admitted to the United States under the 
Compact, or the Compact, as amended, shall be considered 
to have the permission of the Government of the United 
States to accept employment in the United States. An unex-
pired Republic of the Marshall Islands passport with unex-
pired documentation issued by the Government of the 
United States evidencing admission under the Compact or 
the Compact, as amended, shall be considered to be docu-
mentation establishing identity and employment authoriza-
tion under section 274A(b)(1)(B) of the Immigration and 
Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B). The 
Government of the United States will take reasonable and 
appropriate steps to implement and publicize this provi-
sion, and the Government of the Republic of the Marshall 
Islands will also take reasonable and appropriate steps to 
publicize this provision. 
(e) For purposes of the Compact and the Compact, as 
amended, 
(1) the term ‘‘residence’’ with respect to a person 
means the person’s principal, actual dwelling place in 
fact, without regard to intent, as provided in section 
101(a)(33) of the Immigration and Nationality Act, 
as amended, 8 U.S.C. 1101(a)(33), and variations of
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the term ‘‘residence,’’ including ‘‘resident’’ and ‘‘re-
side,’’ shall be similarly construed; 
(2) the term ‘‘actual residence’’ means physical 
presence in the Republic of the Marshall Islands dur-
ing eighty-five percent of the five-year period of resi-
dency required by section 141(a)(3) and (4); 
(3) the term ‘‘certificate of actual residence’’ 
means a certificate issued to a naturalized citizen by 
the Government of the Republic of the Marshall Is-
lands stating that the citizen has complied with the 
actual residence requirement of section 141(a)(3) or 
(4); 
(4) the term ‘‘nonimmigrant’’ means an alien 
who is not an ‘‘immigrant’’ as defined in section 
101(a)(15) of such Act, 8 U.S.C. 1101(a)(15); and 
(5) the term ‘‘immediate relative’’ means a 
spouse, or unmarried son or unmarried daughter less 
than 21 years of age. 
(f) The Immigration and Nationality Act, as amended, 
shall apply to any person admitted or seeking admission 
to the United States (other than a United States possession 
or territory where such Act does not apply) under the Com-
pact or the Compact, as amended, and nothing in the Com-
pact or the Compact, as amended, shall be construed to
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limit, preclude, or modify the applicability of, with respect 
to such person: 
(1) any ground of inadmissibility or deport-
ability under such Act (except sections 212(a)(5) and 
212(a)(7)(B)(i)(II) of such Act, as provided in sub-
section (a) of this section), and any defense thereto, 
provided that, section 237(a)(5) of such Act shall be 
construed and applied as if it reads as follows: ‘‘any 
alien who has been admitted under the Compact, or 
the Compact, as amended, who cannot show that he 
or she has sufficient means of support in the United 
States, is deportable;’’
(2) the authority of the Government of the 
United States under section 214(a)(1) of such Act to 
provide that admission as a nonimmigrant shall be 
for such time and under such conditions as the Gov-
ernment of the United States may by regulations pre-
scribe; 
(3) except for the treatment of certain docu-
mentation for purposes of section 274A(b)(1)(B) of 
such Act as provided by subsection (d) of this section 
of the Compact, as amended, any requirement under 
section 274A, including but not limited to section 
274A(b)(1)(E);
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(4) section 643 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996, Pub-
lic Law 104–208, and actions taken pursuant to sec-
tion 643; and 
(5) the authority of the Government of the 
United States otherwise to administer and enforce the 
Immigration and Nationality Act, as amended, or 
other United States law. 
(g) Any authority possessed by the Government of the 
United States under this section of the Compact or the Com-
pact, as amended, may also be exercised by the Government 
of a territory or possession of the United States where the 
Immigration and Nationality Act, as amended, does not 
apply, to the extent such exercise of authority is lawful 
under a statute or regulation of such territory or possession 
that is authorized by the laws of the United States. 
(h) Subsection (a) of this section does not confer on 
a citizen of the Republic of the Marshall Islands the right 
to establish the residence necessary for naturalization under 
the Immigration and Nationality Act, as amended, or to 
petition for benefits for alien relatives under that Act. Sub-
section (a) of this section, however, shall not prevent a cit-
izen of the Republic of the Marshall Islands from otherwise 
acquiring such rights or lawful permanent resident alien 
status in the United States.
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Section 142
(a) Any citizen or national of the United States may 
be admitted to lawfully engage in occupations, and reside 
in the Republic of the Marshall Islands, subject to the rights 
of the Government of the Republic of the Marshall Islands 
to deny entry to or deport any such citizen or national as 
an undesirable alien. Any determination of inadmissibility 
or deportability shall be based on reasonable statutory 
grounds and shall be subject to appropriate administrative 
and judicial review within the Republic of the Marshall Is-
lands. If a citizen or national of the United States is a 
spouse of a citizen of the Republic of the Marshall Islands, 
the Government of the Republic of the Marshall Islands 
shall allow the United States citizen spouse to establish resi-
dence. Should the Republic of the Marshall Islands citizen 
spouse predecease the United States citizen spouse during 
the marriage, the Government of the Republic of the Mar-
shall Islands shall allow the United States citizen spouse 
to continue to reside in the Republic of the Marshall Is-
lands. 
(b) In enacting any laws or imposing any require-
ments with respect to citizens and nationals of the United 
States entering the Republic of the Marshall Islands under 
subsection (a) of this section, including any grounds of in-
admissibility or deportability, the Government of the Re-
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public of the Marshall Islands shall accord to such citizens 
and nationals of the United States treatment no less favor-
able than that accorded to citizens of other countries. 
(c) Consistent with subsection (a) of this section, with 
respect to citizens and nationals of the United States seek-
ing to engage in employment or invest in the Republic of 
the Marshall Islands, the Government of the Republic of the 
Marshall Islands shall adopt immigration-related proce-
dures no less favorable than those adopted by the Govern-
ment of the United States with respect to citizens of the 
Republic of the Marshall Islands seeking employment in the 
United States. 
Section 143
Any person who relinquishes, or otherwise loses, his 
United States nationality or citizenship, or his Republic 
of the Marshall Islands citizenship, shall be ineligible to re-
ceive the privileges set forth in sections 141 and 142. Any 
such person may apply for admission to the United States 
or the Republic of the Marshall Islands, as the case may 
be, in accordance with any other applicable laws of the 
United States or the Republic of the Marshall Islands relat-
ing to immigration of aliens from other countries. The laws 
of the Republic of the Marshall Islands or the United States, 
as the case may be, shall dictate the terms and conditions 
of any such person’s stay.
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Article V 
Representation 
Section 151
Relations between the Government of the United States 
and the Government of the Republic of the Marshall Islands 
shall be conducted in accordance with the Vienna Conven-
tion on Diplomatic Relations. In addition to diplomatic 
missions and representation, the Governments may estab-
lish and maintain other offices and designate other rep-
resentatives on terms and in locations as may be mutually 
agreed. 
Section 152
(a) Any citizen or national of the United States who, 
without authority of the United States, acts as the agent 
of the Government of the Republic of the Marshall Islands 
with regard to matters specified in the provisions of the 
Foreign Agents Registration Act of 1938, as amended (22 
U.S.C. 611 et seq.), that apply with respect to an agent 
of a foreign principal shall be subject to the requirements 
of such Act. Failure to comply with such requirements shall 
subject such citizen or national to the same penalties and 
provisions of law as apply in the case of the failure of such 
an agent of a foreign principal to comply with such require-
ments. For purposes of the Foreign Agents Registration Act
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of 1938, the Republic of the Marshall Islands shall be con-
sidered to be a foreign country. 
(b) Subsection (a) of this section shall not apply to 
a citizen or national of the United States employed by the 
Government of the Republic of the Marshall Islands with 
respect to whom the Government of the Republic of the Mar-
shall Islands from time to time certifies to the Government 
of the United States that such citizen or national is an em-
ployee of the Republic of the Marshall Islands whose prin-
cipal duties are other than those matters specified in the 
Foreign Agents Registration Act of 1938, as amended, that 
apply with respect to an agent of a foreign principal. The 
agency or officer of the United States receiving such certifi-
cations shall cause them to be filed with the Attorney Gen-
eral, who shall maintain a publicly available list of the per-
sons so certified. 
Article VI 
Environmental Protection 
Section 161
The Governments of the United States and the Repub-
lic of the Marshall Islands declare that it is their policy 
to promote efforts to prevent or eliminate damage to the 
environment and biosphere and to enrich understanding of 
the natural resources of the Republic of the Marshall Is-
lands. In order to carry out this policy, the Government
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of the United States and the Government of the Republic 
of the Marshall Islands agree to the following mutual and 
reciprocal undertakings: 
(a) The Government of the United States: 
(1) shall, for its activities controlled by the 
U.S. Army at Kwajalein Atoll and in the Mid-
Atoll Corridor and for U.S. Army Kwajalein 
Atoll activities in the Republic of the Marshall 
Islands, continue to apply the Environmental 
Standards and Procedures for United States 
Army Kwajalein Atoll Activities in the Republic 
of the Marshall Islands, unless and until those 
Standards or Procedures are modified by mutual 
agreement of the Governments of the United 
States and the Republic of the Marshall Islands; 
(2) shall apply the National Environmental 
Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 
et seq., to its activities under the Compact, as 
amended, and its related agreements as if the 
Republic of the Marshall Islands were the United 
States; 
(3) in the conduct of any activity not de-
scribed in section 161(a)(1) requiring the prepa-
ration of an Environmental Impact Statement 
under section 161(a)(2), shall comply with
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standards substantively similar to those required 
by the following laws of the United States, tak-
ing into account the particular environment of 
the Republic of the Marshall Islands; the Endan-
gered Species Act of 1973, as amended, 16 
U.S.C. 1531 et seq.; the Clean Air Act, as 
amended, 42 U.S.C. 7401 et seq.; the Clean 
Water Act (Federal Water Pollution Control 
Act), as amended, 33 U.S.C. 1251 et seq.; Title 
I of the Marine Protection, Research and Sanc-
tuaries Act of 1972 (the Ocean Dumping Act), 
33 U.S.C. 1411 et seq.; the Toxic Substances 
Control Act, as amended, 15 U.S.C. 2601 et seq.; 
the Solid Waste Disposal Act, as amended, 42 
U.S.C. 6901 et seq.; and such other environ-
mental protection laws of the United States and 
the Republic of the Marshall Islands as may be 
agreed from time to time with the Government of 
the Republic of the Marshall Islands; 
(4) shall, prior to conducting any activity 
not described in section 161(a)(1) requiring the 
preparation of an Environmental Impact State-
ment under section 161(a)(2), develop, as agreed 
with the Government of the Republic of the Mar-
shall Islands, written environmental standards
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(d) In the event that an Environmental Impact 
Statement is no longer required under the laws of the 
United States for major Federal actions significantly 
affecting the quality of the human environment, the 
regulatory regime established under sections 161(a)(3) 
and 161(a)(4) shall continue to apply to such activi-
ties of the Government of the United States until 
amended by mutual agreement. 
(e) The President of the United States may ex-
empt any of the activities of the Government of the 
United States under this Compact, as amended, and 
its related agreements from any environmental stand-
ard or procedure which may be applicable under sec-
tions 161(a)(3) and 161(a)(4) if the President deter-
mines it to be in the paramount interest of the Gov-
ernment of the United States to do so, consistent with 
Title Three of this Compact, as amended, and the ob-
ligations of the Government of the United States 
under international law. Prior to any decision pursu-
ant to this subsection, the views of the Government of 
the Republic of the Marshall Islands shall be sought 
and considered to the extent practicable. If the Presi-
dent grants such an exemption, to the extent prac-
ticable, a report with his reasons for granting such
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exemption shall be given promptly to the Government 
of the Republic of the Marshall Islands. 
(f) The laws of the United States referred to in 
section 161(a)(3) shall apply to the activities of the 
Government of the United States under this Compact, 
as amended, and its related agreements only to the ex-
tent provided for in this section. 
Section 162
The Government of the Republic of the Marshall Is-
lands may bring an action for judicial review of any ad-
ministrative agency action or any activity of the Govern-
ment of the United States pursuant to section 161(a) for 
enforcement of the obligations of the Government of the 
United States arising thereunder. The United States Dis-
trict Court for the District of Hawaii and the United States 
District Court for the District of Columbia shall have juris-
diction over such action or activity, and over actions 
brought under section 172(b) which relate to the activities 
of the Government of the United States and its officers and 
employees, governed by section 161, provided that: 
(a) Such actions may only be civil actions for 
any appropriate civil relief other than punitive dam-
ages against the Government of the United States or, 
where required by law, its officers in their official ca-
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pacity; no criminal actions may arise under this sec-
tion. 
(b) Actions brought pursuant to this section may 
be initiated only by the Government of the Republic 
of the Marshall Islands. 
(c) Administrative agency actions arising under 
section 161 shall be reviewed pursuant to the stand-
ard of judicial review set forth in 5 U.S.C. 706. 
(d) The United States District Court for the Dis-
trict of Hawaii and the United States District Court 
for the District of Columbia shall have jurisdiction to 
issue all necessary processes, and the Government of 
the United States agrees to submit itself to the juris-
diction of the court; decisions of the United States 
District Court shall be reviewable in the United 
States Court of Appeals for the Ninth Circuit or the 
United States Court of Appeals for the District of Co-
lumbia, respectively, or in the United States Supreme 
Court as provided by the laws of the United States. 
(e) The judicial remedy provided for in this sec-
tion shall be the exclusive remedy for the judicial re-
view or enforcement of the obligations of the Govern-
ment of the United States under this Article and ac-
tions brought under section 172(b), which relate to the
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activities of the Government of the United States and 
its officers and employees governed by section 161. 
(f) In actions pursuant to this section, the Gov-
ernment of the Republic of the Marshall Islands shall 
be treated as if it were a United States citizen. 
Section 163
(a) For the purpose of gathering data necessary to 
study the environmental effects of activities of the Govern-
ment of the United States subject to the requirements of this 
Article, the Government of the Republic of the Marshall Is-
lands shall be granted access to facilities operated by the 
Government of the United States in the Republic of the 
Marshall Islands, to the extent necessary for this purpose, 
except to the extent such access would unreasonably inter-
fere with the exercise of the authority and responsibility of 
the Government of the United States under Title Three. 
(b) The Government of the United States, in turn, shall 
be granted access to the Republic of the Marshall Islands 
for the purpose of gathering data necessary to discharge its 
obligations under this Article, except to the extent such ac-
cess would unreasonably interfere with the exercise of the 
authority and responsibility of the Government of the Re-
public of the Marshall Islands under Title One, and to the 
extent necessary for this purpose shall be granted access to 
documents and other information to the same extent similar
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access is provided the Government of the Republic of the 
Marshall Islands under the Freedom of Information Act, 5 
U.S.C. 552. 
(c) The Government of the Republic of the Marshall 
Islands shall not impede efforts by the Government of the 
United States to comply with applicable standards and 
procedures. 
Article VII 
General Legal Provisions 
Section 171
Except as provided in this Compact, as amended, or 
its related agreements, the application of the laws of the 
United States to the Trust Territory of the Pacific Islands 
by virtue of the Trusteeship Agreement ceased with respect 
to the Marshall Islands on October 21, 1986, the date the 
Compact went into effect.
Section 172
(a) Every citizen of the Republic of the Marshall Is-
lands who is not a resident of the United States shall enjoy 
the rights and remedies under the laws of the United States 
enjoyed by any non-resident alien. 
(b) The Government of the Republic of the Marshall 
Islands and every citizen of the Republic of the Marshall 
Islands shall be considered to be a ‘‘person’’ within the 
meaning of the Freedom of Information Act, 5 U.S.C. 552,
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and of the judicial review provisions of the Administrative 
Procedure Act, 5 U.S.C. 701-706, except that only the Gov-
ernment of the Republic of the Marshall Islands may seek 
judicial review under the Administrative Procedure Act or 
judicial enforcement under the Freedom of Information Act 
when such judicial review or enforcement relates to the ac-
tivities of the Government of the United States governed by 
sections 161 and 162. 
Section 173
The Governments of the United States and the Repub-
lic of the Marshall Islands agree to adopt and enforce such 
measures, consistent with this Compact, as amended, and 
its related agreements, as may be necessary to protect the 
personnel, property, installations, services, programs and 
official archives and documents maintained by the Govern-
ment of the United States in the Republic of the Marshall 
Islands pursuant to this Compact, as amended, and its re-
lated agreements and by the Government of the Republic 
of the Marshall Islands in the United States pursuant to 
this Compact, Compact, as amended, and its related agree-
ments. 
Section 174
Except as otherwise provided in this Compact, as 
amended, and its related agreements:
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(a) The Government of the Republic of the Mar-
shall Islands, and its agencies and officials, shall be 
immune from the jurisdiction of the court of the 
United States, and the Government of the United 
States, and its agencies and officials, shall be immune 
from the jurisdiction of the courts of the Republic of 
the Marshall Islands. 
(b) The Government of the United States accepts 
responsibility for and shall pay: 
(1) any unpaid money judgment rendered 
by the High Court of the Trust Territory of the 
Pacific Islands against the Government of the 
United States with regard to any cause of action 
arising as a result of acts or omissions of the 
Government of the Trust Territory of the Pacific 
Islands or the Government of the United States 
prior to October 21, 1986; 
(2) any claim settled by the claimant and 
the Government of the Trust Territory of the Pa-
cific Islands but not paid as of the October 21, 
1986; and 
(3) settlement of any administrative claim 
or of any action before a court of the Trust Ter-
ritory of the Pacific Islands or the Government 
of the United States, arising as a result of acts
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or omissions of the Government of the Trust Ter-
ritory of the Pacific Islands or the Government 
of the United States. 
(c) Any claim not referred to in section 174(b) 
and arising from an act or omission of the Govern-
ment of the Trust Territory of the Pacific Islands or 
the Government of the United States prior to the effec-
tive date of the Compact shall be adjudicated in the 
same manner as a claim adjudicated according to sec-
tion 174(d). In any claim against the Government of 
the Trust Territory of the Pacific Islands, the Govern-
ment of the United States shall stand in the place of 
the Government of the Trust Territory of the Pacific 
Islands. A judgment on any claim referred to in sec-
tion 174(b) or this subsection, not otherwise satisfied 
by the Government of the United States, may be pre-
sented for certification to the United States Court of 
Appeals for the Federal Circuit, or its successor 
courts, which shall have jurisdiction therefore, not-
withstanding the provisions of 28 U.S.C. 1502, and 
which court’s decisions shall be reviewable as provided 
by the laws of the United States. The United States 
Court of Appeals for the Federal Circuit shall certify 
such judgment, and order payment thereof, unless it 
finds, after a hearing, that such judgment is mani-
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festly erroneous as to law or fact, or manifestly exces-
sive. In either of such cases the United States Court 
of Appeals for the Federal Circuit shall have jurisdic-
tion to modify such judgment. 
(d) The Government of the Republic of the Mar-
shall Islands shall not be immune from the jurisdic-
tion of the courts of the United States, and the Gov-
ernment of the United States shall not be immune 
from the jurisdiction of the courts of the Republic of 
the Marshall Islands in any civil case in which an 
exception to foreign state immunity is set forth in the 
Foreign Sovereign Immunities Act (28 U.S.C. 1602 et 
seq.) or its successor statutes. 
Section 175
(a) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall 
have the force of law, shall govern mutual assistance and 
cooperation in law enforcement matters, including the pur-
suit, capture, imprisonment and extradition of fugitives 
from justice and the transfer of prisoners, as well as other 
law enforcement matters. In the United States, the laws of 
the United States governing international extradition, in-
cluding 18 U.S.C. 3184, 3186, and 3188–95, shall be appli-
cable to the extradition of fugitives under the separate 
agreement, and the laws of the United States governing the
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transfer of prisoners, including 18 U.S.C. 4100–15, shall 
be applicable to the transfer of prisoners under the separate 
agreement; and 
(b) A separate agreement, which shall come into effect 
simultaneously with this Compact, as amended, and shall 
have the force of law, shall govern requirements relating to 
labor recruitment practices, including registration, report-
ing, suspension or revocation of authorization to recruit 
persons for employment in the United States, and enforce-
ment for violations of such requirements. 
Section 176
The Government of the Republic of the Marshall Is-
lands confirms that final judgments in civil cases rendered 
by any court of the Trust Territory of the Pacific Islands 
shall continue in full force and effect, subject to the constitu-
tional power of the courts of the Republic of the Marshall 
Islands to grant relief from judgments in appropriate cases. 
Section 177
Section 177 of the Compact entered into force with re-
spect to the Marshall Islands on October 21, 1986 as follows: 
‘‘(a) The Government of the United States ac-
cepts the responsibility for compensation owing to 
citizens of the Marshall Islands, or the Federated 
States of Micronesia, (or Palau) for loss or damage 
to property and person of the citizens of the Marshall
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Islands, or the Federated States of Micronesia, result-
ing from the nuclear testing program which the Gov-
ernment of the United States conducted in the North-
ern Marshall Islands between June 30, 1946, and Au-
gust 18, 1958. 
(b) The Government of the United States and the 
Government of the Marshall Islands shall set forth in 
a separate agreement provisions for the just and ade-
quate settlement of all such claims which have arisen 
in regard to the Marshall Islands and its citizens and 
which have not as yet been compensated or which in 
the future may arise, for the continued administra-
tion by the Government of the United States of direct 
radiation related medical surveillance and treatment 
programs and radiological monitoring activities and 
for such additional programs and activities as may 
be mutually agreed, and for the assumption by the 
Government of the Marshall Islands of responsibility 
for enforcement of limitations on the utilization of af-
fected areas developed in cooperation with the Govern-
ment of the United States and for the assistance by 
the Government of the United States in the exercise 
of such responsibility as may be mutually agreed. 
This separate agreement shall come into effect simul-
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taneously with this Compact and shall remain in ef-
fect in accordance with its own terms. 
(c) The Government of the United States shall 
provide to the Government of the Marshall Islands, on 
a grant basis, the amount of $150 million to be paid 
and distributed in accordance with the separate 
agreement referred to in this Section, and shall pro-
vide the services and programs set forth in this sepa-
rate agreement, the language of which is incorporated 
into this Compact.’’
The Compact, as amended, makes no changes to, and has 
no effect upon, Section 177 of the Compact, nor does the 
Compact, as amended, change or affect the separate agree-
ment referred to in Section 177 of the Compact including 
Articles IX and X of that separate agreement, and measures 
taken by the parties thereunder. 
Section 178
(a) The Federal agencies of the Government of the 
United States that provide services and related programs 
in the Republic of the Marshall Islands pursuant to Title 
Two are authorized to settle and pay tort claims arising 
in the Republic of the Marshall Islands from the activities 
of such agencies or from the acts or omissions of the employ-
ees of such agencies. Except as provided in section 178(b), 
the provisions of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall
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apply exclusively to such administrative settlements and 
payments. 
(b) Claims under section 178(a) that cannot be settled 
under section 178(a) shall be disposed of exclusively in ac-
cordance with Article II of Title Four. Arbitration awards 
rendered pursuant to this subsection shall be paid out of 
funds under 31 U.S.C. 1304. 
(c) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands shall, in 
the separate agreement referred to in section 231, provide 
for: 
(1) the administrative settlement of claims re-
ferred to in section 178(a), including designation of 
local agents in each State of the Republic of the Mar-
shall Islands; such agents to be empowered to accept, 
investigate and settle such claims, in a timely man-
ner, as provided in such separate agreements; and 
(2) arbitration, referred to in section 178(b), in 
a timely manner, at a site convenient to the claim-
ant, in the event a claim is not otherwise settled pur-
suant to section 178(a). 
(d) The provisions of section 174(d) shall not apply 
to claims covered by this section. 
(e) Except as otherwise explicitly provided by law of 
the United States, this Compact, as amended, or its related
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agreements, neither the Government of the United States, 
its instrumentalities, nor any person acting on behalf of 
the Government of the United States, shall be named a 
party in any action based on, or arising out of, the activity 
or activities of a recipient of any grant or other assistance 
provided by the Government of the United States (or the 
activity or activities of the recipient’s agency or any other 
person or entity acting on behalf of the recipient). 
Section 179
(a) The courts of the Republic of the Marshall Islands 
shall not exercise criminal jurisdiction over the Government 
of the United States, or its instrumentalities. 
(b) The courts of the Republic of the Marshall Islands 
shall not exercise criminal jurisdiction over any person if 
the Government of the United States provides notification 
to the Government of the Republic of the Marshall Islands 
that such person was acting on behalf of the Government 
of the United States, for actions taken in furtherance of sec-
tion 221 or 224 of this amended Compact, or any other 
provision of law authorizing financial, program, or service 
assistance to the Republic of the Marshall Islands.
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TITLE TWO 
ECONOMIC RELATIONS 
Article I 
Grant Assistance 
Section 211 - Annual Grant Assistance 
(a) In order to assist the Government of the Republic 
of the Marshall Islands in its efforts to promote the eco-
nomic advancement and budgetary self-reliance of its peo-
ple, and in recognition of the special relationship that exists 
between the Republic of the Marshall Islands and the United 
States, the Government of the United States shall provide 
assistance on a grant basis for a period of twenty years 
in the amounts set forth in section 217, commencing on the 
effective date of this Compact, as amended. Such grants 
shall be used for assistance in education, health care, the 
environment, public sector capacity building, and private 
sector development, or for other areas as mutually agreed, 
with priorities in the education and health care sectors. 
Consistent with the medium-term budget and investment 
framework described in subsection (f) of this section, the 
proposed division of this amount among the identified areas 
shall require the concurrence of both the Government of the 
United States and the Government of the Republic of the 
Marshall Islands, through the Joint Economic Management 
and Financial Accountability Committee described in sec-
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tion 214. The Government of the United States shall dis-
burse the grant assistance and monitor the use of such grant 
assistance in accordance with the provisions of this Article 
and an Agreement Concerning Procedures for the Imple-
mentation of United States Economic Assistance Provided 
in the Compact, as Amended, of Free Association Between 
the Government of the United States of America and the 
Government of the Republic of the Marshall Islands (‘‘Fiscal 
Procedures Agreement’’) which shall come into effect simul-
taneously with this Compact, as amended. 
(1) EDUCATION.—United States grant assistance 
shall be made available in accordance with the stra-
tegic framework described in subsection (f) of this sec-
tion to support and improve the educational system 
of the Republic of the Marshall Islands and develop 
the human, financial, and material resources nec-
essary for the Republic of the Marshall Islands to per-
form these services. Emphasis should be placed on ad-
vancing a quality basic education system. 
(2) HEALTH.—United States grant assistance 
shall be made available in accordance with the stra-
tegic framework described in subsection (f) of this sec-
tion to support and improve the delivery of preven-
tive, curative and environmental care and develop the 
human, financial, and material resources necessary
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for the Republic of the Marshall Islands to perform 
these services. 
(3) PRIVATE
SECTOR
DEVELOPMENT.—United 
States grant assistance shall be made available in ac-
cordance with the strategic framework described in 
subsection (f) of this section to support the efforts of 
the Republic of the Marshall Islands to attract foreign 
investment and increase indigenous business activity 
by vitalizing the commercial environment, ensuring 
fair and equitable application of the law, promoting 
adherence to core labor standards, maintaining 
progress toward privatization of state-owned and par-
tially state-owned enterprises, and engaging in other 
reforms. 
(4) CAPACITY
BUILDING
IN
THE
PUBLIC
SEC-
TOR.—United States grant assistance shall be made 
available in accordance with the strategic framework 
described in subsection (f) of this section to support 
the efforts of the Republic of the Marshall Islands to 
build effective, accountable and transparent national 
and local government and other public sector institu-
tions and systems. 
(5) ENVIRONMENT.—United States grant assist-
ance shall be made available in accordance with the 
strategic framework described in subsection (f) of this
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section to increase environmental protection; establish 
and manage conservation areas; engage in environ-
mental infrastructure planning, design construction 
and operation; and to involve the citizens of the Re-
public of the Marshall Islands in the process of con-
serving their country’s natural resources. 
(b) KWAJALEIN ATOLL.—
(1) Of the total grant assistance made available 
under subsection (a) of this section, the amount speci-
fied herein shall be allocated annually from fiscal 
year 2004 through fiscal year 2023 (and thereafter in 
accordance with the Agreement between the Govern-
ment of the United States and the Government of the 
Republic of the Marshall Islands Regarding Military 
Use and Operating Rights) to advance the objectives 
and specific priorities set forth in subsections (a) and 
(d) of this section and the Fiscal Procedures Agree-
ment, to address the special needs of the community 
at Ebeye, Kwajalein Atoll and other Marshallese com-
munities within Kwajalein Atoll. This United States 
grant assistance shall be made available, in accord-
ance with the medium-term budget and investment 
framework described in subsection (f) of this section, 
to support and improve the infrastructure and deliv-
ery of services and develop the human and material
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resources necessary for the Republic of the Marshall 
Islands to carry out its responsibility to maintain 
such infrastructure and deliver such services. The 
amount of this assistance shall be $3,100,000, with an 
inflation adjustment as provided in section 218, from 
fiscal year 2004 through fiscal year 2013 and the fis-
cal year 2013 level of funding, with an inflation ad-
justment as provided in section 218, will be increased 
by $2 million for fiscal year 2014. The fiscal year 
2014 level of funding, with an inflation adjustment as 
provided in section 218, will be made available from 
fiscal year 2015 through fiscal year 2023 (and there-
after as noted above). 
(2) The Government of the United States shall 
also provide to the Government of the Republic of the 
Marshall Islands, in conjunction with section 321(a) 
of this Compact, as amended, an annual payment 
from fiscal year 2004 through fiscal year 2023 (and 
thereafter in accordance with the Agreement between 
the Government of the United States and the Govern-
ment of the Republic of the Marshall Islands Regard-
ing Military Use and Operating Rights) of $1.9 mil-
lion. This grant assistance will be subject to the Fis-
cal Procedures Agreement and will be adjusted for in-
flation under section 218 and used to address the spe-
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cial needs of the community at Ebeye, Kwajalein 
Atoll and other Marshallese communities within 
Kwajalein Atoll with emphasis on the Kwajalein 
landowners, as described in the Fiscal Procedures 
Agreement. 
(3) Of the total grant assistance made available 
under subsection (a) of this section, and in conjunc-
tion with section 321(a) of the Compact, as amended, 
$200,000, with an inflation adjustment as provided 
in section 218, shall be allocated annually from fiscal 
year 2004 through fiscal year 2023 (and thereafter as 
provided in the Agreement between the Government of 
the United States and the Government of the Republic 
of the Marshall Islands Regarding Military Use and 
Operating Rights) for a grant to support increased 
participation of the Government of the Republic of the 
Marshall Islands Environmental Protection Authority 
in the annual U.S. Army Kwajalein Atoll Environ-
mental Standards Survey and to promote a greater 
Government of the Republic of the Marshall Islands 
capacity for independent analysis of the Survey’s 
findings and conclusions. 
(c) HUMANITARIAN ASSISTANCE-REPUBLIC
OF
THE 
MARSHALL ISLANDS PROGRAM.—In recognition of the spe-
cial development needs of the Republic of the Marshall Is-
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lands, the Government of the United States shall make 
available to the Government of the Republic of the Marshall 
Islands, on its request and to be deducted from the grant 
amount made available under subsection (a) of this section, 
a Humanitarian Assistance - Republic of the Marshall Is-
lands (‘‘HARMI’’) Program with emphasis on health, edu-
cation, and infrastructure (including transportation), 
projects and such other projects as mutually agreed. The 
terms and conditions of the HARMI shall be set forth in 
the Agreement Regarding the Military Use and Operating 
Rights of the Government of the United States in the Repub-
lic of the Marshall Islands Concluded Pursuant to Sections 
321 and 323 of the Compact of Free Association, as Amend-
ed, which shall come into effect simultaneously with the 
amendments to this Compact. 
(d) PUBLIC INFRASTRUCTURE.—
(1) Unless otherwise agreed, not less than 30 per-
cent and not more than 50 percent of U.S. annual 
grant assistance provided under this section shall be 
made available in accordance with a list of specific 
projects included in the infrastructure improvement 
and maintenance plan prepared by the Government 
of the Republic of the Marshall Islands as part of the 
strategic framework described in subsection (f) of this 
section.
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(2) INFRASTRUCTURE MAINTENANCE FUND.—
Five percent of the annual public infrastructure grant 
made available under paragraph (1) of this subsection 
shall be set aside, with an equal contribution from the 
Government of the Republic of the Marshall Islands, 
as a contribution to an Infrastructure Maintenance 
Fund. Administration of the Infrastructure Mainte-
nance Fund shall be governed by the Fiscal Proce-
dures Agreement. 
(e) DISASTER ASSISTANCE EMERGENCY FUND.—Of 
the total grant assistance made available under subsection 
(a) of this section, an amount of two hundred thousand dol-
lars ($200,000) shall be provided annually, with an equal 
contribution from the Government of the Republic of the 
Marshall Islands, as a contribution to a Disaster Assistance 
Emergency Fund (‘‘DAEF’’). Any funds from the DAEF 
may be used only for assistance and rehabilitation resulting 
from disasters and emergencies. The funds will be accessed 
upon declaration of a State of Emergency by the Govern-
ment of the Republic of the Marshall Islands, with the con-
currence of the United States Chief of Mission to the Repub-
lic of the Marshall Islands. Administration of the DAEF 
shall be governed by the Fiscal Procedures Agreement. 
(f) BUDGET
AND INVESTMENT FRAMEWORK.—The 
Government of the Republic of the Marshall Islands shall
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prepare and maintain an official medium-term budget and 
investment framework. The framework shall be strategic in 
nature, shall be continuously reviewed and updated through 
the annual budget process, and shall make projections on 
a multi-year rolling basis. Each of the sectors and areas 
named in subsections (a), (b), and (d) of this section, or 
other sectors and areas as mutually agreed, shall be ac-
corded specific treatment in the framework. Those portions 
of the framework that contemplate the use of United States 
grant funds shall require the concurrence of both the Gov-
ernment of the United States and the Government of the 
Republic of the Marshall Islands. 
Section 212 - Kwajalein Impact and Use 
The Government of the United States shall provide to 
the Government of the Republic of the Marshall Islands in 
conjunction with section 321(a) of the Compact, as amend-
ed, and the agreement between the Government of the 
United States and the Government of the Republic of the 
Marshall Islands regarding military use and operating 
rights, a payment in fiscal year 2004 of $15,000,000, with 
no adjustment for inflation. In fiscal year 2005 and 
through fiscal year 2013, the annual payment will be the 
fiscal year 2004 amount ($15,000,000) with an inflation 
adjustment as provided under section 218. In fiscal year 
2014, the annual payment will be $18,000,000 (with no ad-
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justment for inflation) or the fiscal year 2013 amount with 
an inflation adjustment under section 218, whichever is 
greater. For fiscal year 2015 through fiscal year 2023 (and 
thereafter in accordance with the Agreement between the 
Government of the United States and the Government of 
the Republic of the Marshall Islands Regarding Military 
Use and Operating Rights) the annual payment will be the 
fiscal year 2014 amount, with an inflation adjustment as 
provided under section 218. 
Section 213 - Accountability 
(a) Regulations and policies normally applicable to 
United States financial assistance to its state and local gov-
ernments, as set forth in the Fiscal Procedures Agreement, 
shall apply to each grant described in section 211, and to 
grants administered under section 221 below, except as 
modified in the separate agreements referred to in section 
231 of this Compact, as amended, or by U.S. law. As set 
forth in the Fiscal Procedures Agreement, reasonable terms 
and conditions, including annual performance indicators 
that are necessary to ensure effective use of United States 
assistance and reasonable progress toward achieving pro-
gram objectives may be attached. In addition, the United 
States may seek appropriate remedies for noncompliance 
with the terms and conditions attached to the assistance,
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or for failure to comply with section 234, including with-
holding assistance. 
(b) The Government of the United States shall, for each 
fiscal year of the twenty years during which assistance is 
to be provided on a sector grant basis under section 211 
(a), grant the Government of the Republic of the Marshall 
Islands an amount equal to the lesser of (i) one half of the 
reasonable, properly documented cost incurred during such 
fiscal year to conduct the annual audit required under Arti-
cle VIII (2) of the Fiscal Procedures Agreement or (ii) 
$500,000. Such amount will not be adjusted for inflation 
under section 218 or otherwise. 
Section 214 - Joint Economic Management and Financial 
Accountability Committee 
The Governments of the United States and the Repub-
lic of the Marshall Islands shall establish a Joint Economic 
Management and Financial Accountability Committee, 
composed of a U.S. chair, two other members from the Gov-
ernment of the United States and two members from the 
Government of the Republic of the Marshall Islands. The 
Joint Economic Management and Financial Accountability 
Committee shall meet at least once each year to review the 
audits and reports required under this Title and the Fiscal 
Procedures Agreement, evaluate the progress made by the 
Republic of the Marshall Islands in meeting the objectives
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identified in its framework described in subsection (f) of 
section 211, with particular focus on those parts of the 
framework dealing with the sectors and areas identified in 
subsection (a) of section 211, identify problems encountered, 
and recommend ways to increase the effectiveness of U.S. 
assistance made available under this Title. The establish-
ment and operations of the Joint Economic Management 
and Financial Accountability Committee shall be governed 
by the Fiscal Procedures Agreement. 
Section 215 - Annual Report 
The Government of the Republic of the Marshall Is-
lands shall report annually to the President of the United 
States on the use of United States sector grant assistance 
and other assistance and progress in meeting mutually 
agreed program and economic goals. The Joint Economic 
Management and Financial Accountability Committee 
shall review and comment on the report and make appro-
priate recommendations based thereon. 
Section 216 - Trust Fund 
(a) The United States shall contribute annually for 
twenty years from the effective date of the Compact, as 
amended, in the amounts set forth in section 217 into a 
trust fund established in accordance with the Agreement Be-
tween the Government of the United States of America and 
the Government of the Republic of the Marshall Islands Im-
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plementing Section 216 and Section 217 of the Compact, 
as Amended, Regarding a Trust Fund (‘‘Trust Fund Agree-
ment’’), which shall come into effect simultaneously with 
this Compact, as amended. Upon termination of the annual 
grant assistance under section 211 (a), (d) and (e), the 
earnings of the fund shall thereafter be used for the purposes 
described in section 211 or as otherwise mutually agreed. 
(b) The United States contribution into the Trust 
Fund described in subsection (a) of this section is condi-
tioned on the Government of the Republic of the Marshall 
Islands contributing to the Trust Fund at least 
$25,000,000, on the effective date of the Trust Fund Agree-
ment or on October 1, 2003, whichever is later, $2,500,000 
prior to October 1, 2004, and $2,500,000 prior to October 
1, 2005. Any funds received by the Republic of the Marshall 
Islands under section 111(d) of Public Law 99–239 (Janu-
ary 14, 1986), or successor provisions, would be contributed 
to the Trust Fund as a Republic of the Marshall Islands’ 
contribution. 
(c) The terms regarding the investment and manage-
ment of funds and use of the income of the Trust Fund shall 
be governed by the Trust Fund Agreement. Funds derived 
from United States investment shall not be subject to Fed-
eral or state taxes in the United States or any taxes in 
the Republic of the Marshall Islands. The Trust Fund
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Agreement shall also provide for annual reports to the Gov-
ernment of the United States and to the Government of the 
Republic of the Marshall Islands. The Trust Fund Agree-
ment shall provide for appropriate distributions of trust 
fund proceeds to the Republic of the Marshall Islands and 
for appropriate remedies for the failure of the Republic of 
the Marshall Islands to use income of the Trust Fund for 
the annual grant purposes set forth in section 211. These 
remedies may include the return to the United States of 
the present market value of its contributions to the Trust 
Fund and the present market value of any undistributed 
income on the contributions of the United States. If this 
Compact, as amended, is terminated, the provisions of sec-
tions 451–453 of the Compact, as amended, and the Trust 
Fund Agreement shall govern treatment of any U.S. con-
tributions to the Trust Fund or accrued income thereon. 
Section 217 - Annual Grant Funding and Trust Fund Con-
tributions 
The funds described in sections 211, 212, 213(b), and 
216 shall be made available as follows:
[In millions of dollars] 
Fiscal year 
Annual Grants 
Section 211
Audit Grant
Section 213(b) 
Trust Fund
Section 216 
(a&c) 
Kwajalein Im-
pact Section 212
Total 
2004 ..........................
35.2 
.5 
15.0 
57.7
2005 ..........................
34.7 
.5 
7.5 
15.0 
57.7
2006 ..........................
34.2 
.5 
15.0 
57.7
2007 ..........................
33.7 
.5 
8.5 
15.0 
57.7
2008 ..........................
33.2 
.5 
15.0 
57.7
2009 ..........................
32.7 
.5 
9.5 
15.0 
57.7
2010 ..........................
32.2 
.5 
15.0 
57.7
2011 ..........................
31.7 
.5 
10.5 
15.0 
57.7
2012 ..........................
31.2 
.5 
15.0 
57.7
2013 ..........................
30.7 
.5 
11.5 
15.0 
57.7
211
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[In millions of dollars] 
Fiscal year 
Annual Grants 
Section 211
Audit Grant
Section 213(b) 
Trust Fund
Section 216 
(a&c) 
Kwajalein Im-
pact Section 212
Total 
2014 ..........................
32.2 
.5 
18.0 
62.7
2015 ..........................
31.7 
.5 
12.5 
18.0 
62.7
2016 ..........................
31.2 
.5 
18.0 
62.7
2017 ..........................
30.7 
.5 
13.5 
18.0 
62.7
2018 ..........................
30.2 
.5 
18.0 
62.7
2019 ..........................
29.7 
.5 
14.5 
18.0 
62.7
2020 ..........................
29.2 
.5 
18.0 
62.7
2021 ..........................
28.7 
.5 
15.5 
18.0 
62.7
2022 ..........................
28.2 
.5 
18.0 
62.7
2023 ..........................
27.7 
.5 
16.5 
18.0 
62.7
Section 218 - Inflation Adjustment 
Except as otherwise provided, the amounts stated in 
this Title shall be adjusted for each United States Fiscal 
Year by the percent that equals two-thirds of the percent 
change in the United States Gross Domestic Product Im-
plicit Price Deflator, or 5 percent, whichever is less in any 
one year, using the beginning of Fiscal Year 2004 as a base. 
Section 219 - Carry-Over of Unused Funds 
If in any year the funds made available by the Govern-
ment of the United States for that year pursuant to this 
Article are not completely obligated by the Government of 
the Republic of the Marshall Islands, the unobligated bal-
ances shall remain available in addition to the funds to 
be provided in subsequent years. 
Article II 
Services and Program Assistance 
Section 221
(a) SERVICES.—The Government of the United States 
shall make available to the Republic of the Marshall Islands,
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in accordance with and to the extent provided in the Fed-
eral Programs and Services Agreement referred to in Sec-
tion 231, the services and related programs of: 
(1) the United States Weather Service; 
(2) the United States Postal Service; 
(3) the United States Federal Aviation Adminis-
tration; 
(4) the United States Department of Transpor-
tation; and 
(5) the Department of Homeland Security, and 
the United States Agency for International Develop-
ment, Office of Foreign Disaster Assistance. 
Upon the effective date of this Compact, as amended, the 
United States Departments and Agencies named or having 
responsibility to provide these services and related programs 
shall have the authority to implement the relevant provi-
sions of the Federal Programs and Services Agreement re-
ferred to in section 231. 
(b) PROGRAMS.—
(1) Other than the services and programs covered 
by subsection (a) of this section, and to the extent au-
thorized by the Congress of the United States, the 
Government of the United States shall make available 
to the Republic of the Marshall Islands the services 
and programs that were available to the Republic of
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the Marshall Islands on the effective date of this Com-
pact, as amended, to the extent that such services and 
programs continue to be available to State and local 
governments of the United States. As set forth in the 
Fiscal Procedures Agreement, funds provided under 
subsection (a) of section 211 shall be considered to be 
local revenues of the Government of the Republic of 
the Marshall Islands when used as the local share re-
quired to obtain Federal programs and services. 
(2) Unless provided otherwise by U.S. law, the 
services and programs described in paragraph (1) of 
this subsection shall be extended in accordance with 
the terms of the Federal Programs and Services 
Agreement. 
(c) The Government of the United States shall have 
and exercise such authority as is necessary to carry out its 
responsibilities under this Title and the Federal Programs 
and Services Agreement, including the authority to monitor 
and administer all service and program assistance provided 
by the United States to the Republic of the Marshall Is-
lands. The Federal Programs and Services Agreement shall 
also set forth the extent to which services and programs shall 
be provided to the Republic of the Marshall Islands. 
(d) Except as provided elsewhere in this Compact, as 
amended, under any separate agreement entered into under
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this Compact, as amended, or otherwise under U.S. law, 
all Federal domestic programs extended to or operating in 
the Republic of the Marshall Islands shall be subject to all 
applicable criteria, standards, reporting requirements, au-
diting procedures, and other rules and regulations applica-
ble to such programs and services when operating in the 
United States. 
(e) The Government of the United States shall make 
available to the Republic of the Marshall Islands alternate 
energy development projects, studies, and conservation 
measures to the extent provided for the Freely Associated 
States in the laws of the United States. 
Section 222
The Government of the United States and the Govern-
ment of the Republic of the Marshall Islands may agree 
from time to time to extend to the Republic of the Marshall 
Islands additional United States grant assistance, services 
and programs, as provided under the laws of the United 
States. Unless inconsistent with such laws, or otherwise spe-
cifically precluded by the Government of the United States 
at the time such additional grant assistance, services, or 
programs are extended, the Federal Programs and Services 
Agreement shall apply to any such assistance, services or 
programs. 
Section 223
215
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The Government of the Republic of the Marshall Is-
lands shall make available to the Government of the United 
States at no cost such land as may be necessary for the 
operations of the services and programs provided pursuant 
to this Article, and such facilities as are provided by the 
Government of the Republic of the Marshall Islands at no 
cost to the Government of the United States as of the effec-
tive date of this Compact, as amended, or as may be mutu-
ally agreed thereafter. 
Section 224
The Government of the Republic of the Marshall Is-
lands may request, from the time to time, technical assist-
ance from the Federal agencies and institutions of the Gov-
ernment of the United States, which are authorized to grant 
such technical assistance in accordance with its laws. If 
technical assistance is granted pursuant to such a request, 
the Government of the United States shall provide the tech-
nical assistance in a manner which gives priority consider-
ation to the Republic of the Marshall Islands over other re-
cipients not a part of the United States, its territories or 
possessions, and equivalent consideration to the Republic of 
the Marshall Islands with respect to other states in Free 
Association with the United States. Such assistance shall 
be made available on a reimbursable or non-reimbursable 
basis to the extent provided by United States law.
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Article III 
Administrative Provisions 
Section 231
The specific nature, extent and contractual arrange-
ments of the services and programs provided for in section 
221 of this Compact, as amended, as well as the legal status 
of agencies of the Government of the United States, their 
civilian employees and contractors, and the dependents of 
such personnel while present in the Republic of the Marshall 
Islands, and other arrangements in connection with the as-
sistance, services, or programs furnished by the Government 
of the United States, are set forth in a Federal Programs 
and Services Agreement which shall come into effect simul-
taneously with this Compact, as amended. 
Section 232
The Government of the United States, in consultation 
with the Government of the Republic of the Marshall Is-
lands, shall determine and implement procedures for the 
periodic audit of all grants and other assistance made 
under Article I of this Title and of all funds expended for 
the services and programs provided under Article II of this 
Title. Further, in accordance with the Fiscal Procedures 
Agreement described in subsection (a) of section 211, the 
Comptroller General of the United States shall have such 
powers and authorities as described in sections 103(m) and
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110(c) of Public Law 99–239, 99 Stat. 1777–78, and 99 
Stat. 1799 (January 14, 1986). 
Section 233
Approval of this Compact, as amended, by the Govern-
ment of the United States, in accordance with its constitu-
tional processes, shall constitute a pledge by the United 
States that the sums and amounts specified as grants in 
section 211 of this Compact, as amended, shall be appro-
priated and paid to the Republic of the Marshall Islands 
for such period as those provisions of this Compact, as 
amended, remain in force, provided that the Republic of 
the Marshall Islands complies with the terms and condi-
tions of this Title and related subsidiary agreements. 
Section 234
The Government of the Republic of the Marshall Is-
lands pledges to cooperate with, permit, and assist if rea-
sonably requested, designated and authorized representa-
tives of the Government of the United States charged with 
investigating whether Compact funds, or any other assist-
ance authorized under this Compact, as amended, have, or 
are being, used for purposes other than those set forth in 
this Compact, as amended, or its subsidiary agreements. In 
carrying out this investigative authority, such United 
States Government representatives may request that the 
Government of the Republic of the Marshall Islands sub-
218
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poena documents and records and compel testimony in ac-
cordance with the laws and Constitution of the Republic 
of the Marshall Islands. Such assistance by the Government 
of the Republic of the Marshall Islands to the Government 
of the United States shall not be unreasonably withheld. The 
obligation of the Government of the Marshall Islands to ful-
fill its pledge herein is a condition to its receiving payment 
of such funds or other assistance authorized under this Com-
pact, as amended. The Government of the United States 
shall pay any reasonable costs for extraordinary services 
executed by the Government of the Marshall Islands in car-
rying out the provisions of this section. 
Article IV 
Trade 
Section 241
The Republic of the Marshall Islands is not included 
in the customs territory of the United States. 
Section 242
The President shall proclaim the following tariff treat-
ment for articles imported from the Republic of the Mar-
shall Islands which shall apply during the period of effec-
tiveness of this title: 
(a) Unless otherwise excluded, articles imported 
from the Republic of the Marshall Islands, subject to 
the limitations imposed under section 503(b) of title
219
•HJ 63 RH 
V of the Trade Act of 1974 (19 U.S.C. 2463(b)), shall 
be exempt from duty. 
(b) Only tuna in airtight containers provided for 
in heading 1604.14.22 of the Harmonized Tariff 
Schedule of the United States that is imported from 
the Republic of the Marshall Islands and the Fed-
erated States of Micronesia during any calendar year 
not to exceed 10 percent of apparent United States 
consumption of tuna in airtight containers during the 
immediately preceding calendar year, as reported by 
the National Marine Fisheries Service, shall be ex-
empt from duty; but the quantity of tuna given duty-
free treatment under this paragraph for any calendar 
year shall be counted against the aggregated quantity 
of tuna in airtight containers that is dutiable under 
rate column numbered 1 of such heading 1604.14.22 
for that calendar year. 
(c) The duty-free treatment provided under sub-
section (a) shall not apply to: 
(1) watches, clocks, and timing apparatus 
provided for in Chapter 91, excluding heading 
9113, of the Harmonized Tariff Schedule of the 
United States;
220
•HJ 63 RH 
(2) buttons (whether finished or not fin-
ished) provided for in items 9606.21.40 and 
9606.29.20 of such Schedule; 
(3) textile and apparel articles which are 
subject to textile agreements; and 
(4) footwear, handbags, luggage, flat goods, 
work gloves, and leather wearing apparel which 
were not eligible articles for purposes of title V 
of the Trade Act of 1974 (19 U.S.C. 2461, et 
seq.) on April 1, 1984. 
(d) If the cost or value of materials produced in 
the customs territory of the United States is included 
with respect to an eligible article which is a product 
of the Republic of the Marshall Islands, an amount 
not to exceed 15 percent of the appraised value of the 
article at the time it is entered that is attributable to 
such United States cost or value may be applied for 
duty assessment purposes toward determining the per-
centage referred to in section 503(a)(2) of title V of 
the Trade Act of 1974. 
Section 243
Articles imported from the Republic of the Marshall 
Islands which are not exempt from duty under subsections 
(a), (b), (c), and (d) of section 242 shall be subject to the 
rates of duty set forth in column numbered 1-general of the
221
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Harmonized Tariff Schedule of the United States 
(HTSUS). 
Section 244
(a) All products of the United States imported into 
the Republic of the Marshall Islands shall receive treatment 
no less favorable than that accorded like products of any 
foreign country with respect to customs duties or charges 
of a similar nature and with respect to laws and regula-
tions relating to importation, exportation, taxation, sale, 
distribution, storage or use. 
(b) The provisions of subsection (a) shall not apply 
to advantages accorded by the Republic of the Marshall Is-
lands by virtue of their full membership in the Pacific Is-
land Countries Trade Agreement (PICTA), done on August, 
18, 2001, to those governments listed in Article 26 of 
PICTA, as of the date the Compact, as amended, is signed. 
(c) Prior to entering into consultations on, or con-
cluding, a free trade agreement with governments not listed 
in Article 26 of PICTA, the Republic of the Marshall Is-
lands shall consult with the United States regarding wheth-
er or how subsection (a) of section 244 shall be applied. 
Article V 
Finance and Taxation 
Section 251
222
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The currency of the United States is the official circu-
lating legal tender of the Republic of the Marshall Islands. 
Should the Government of the Republic of the Marshall Is-
lands act to institute another currency, the terms of an ap-
propriate currency transitional period shall be as agreed 
with the Government of the United States. 
Section 252
The Government of the Republic of the Marshall Is-
lands may, with respect to United States persons, tax in-
come derived from sources within its respective jurisdiction, 
property situated therein, including transfers of such prop-
erty by gift or at death, and products consumed therein, 
in such manner as the Government of the Republic of the 
Marshall Islands deems appropriate. The determination of 
the source of any income, or the situs of any property, shall 
for purposes of this Compact, as amended, be made accord-
ing to the United States Internal Revenue Code. 
Section 253
A citizen of the Republic of the Marshall Islands, domi-
ciled therein, shall be exempt from estate, gift, and genera-
tion-skipping transfer taxes imposed by the Government of 
the United States, provided that such citizen of the Republic 
of the Marshall Islands is neither a citizen nor a resident 
of the United States. 
Section 254
223
•HJ 63 RH 
(a) In determining any income tax imposed by the 
Government of the Republic of the Marshall Islands, the 
Government of the Republic of the Marshall Islands shall 
have authority to impose tax upon income derived by a resi-
dent of the Republic of the Marshall Islands from sources 
without the Republic of the Marshall Islands, in the same 
manner and to the same extent as the Government of the 
Republic of the Marshall Islands imposes tax upon income 
derived from within its own jurisdiction. If the Government 
of the Republic of the Marshall Islands exercises such au-
thority as provided in this subsection, any individual resi-
dent of the Republic of the Marshall Islands who is subject 
to tax by the Government of the United States on income 
which is also taxed by the Government of the Republic of 
the Marshall Islands shall be relieved of liability to the Gov-
ernment of the United States for the tax which, but for this 
subsection, would otherwise be imposed by the Government 
of the United States on such income. However, the relief 
from liability to the United States Government referred to 
in the preceding sentence means only relief in the form of 
the foreign tax credit (or deduction in lieu thereof) available 
with respect to the income taxes of a possession of the 
United States, and relief in the form of the exclusion under 
section 911 of the Internal Revenue Code of 1986. For pur-
poses of this section, the term ‘‘resident of the Republic of
224
•HJ 63 RH 
the Marshall Islands’’ shall be deemed to include any person 
who was physically present in the Republic of the Marshall 
Islands for a period of 183 or more days during any taxable 
year. 
(b) If the Government of the Republic of the Marshall 
Islands subjects income to taxation substantially similar to 
that which was imposed by the Trust Territory Code in ef-
fect on January 1, 1980, such Government shall be deemed 
to have exercised the authority described in section 254(a). 
Section 255
For purposes of section 274(h)(3)(A) of the U.S. Inter-
nal Revenue Code of 1986, the term ‘‘North American Area’’ 
shall include the Republic of the Marshall Islands. 
TITLE THREE 
SECURITY AND DEFENSE RELATIONS 
Article I 
Authority and Responsibility 
Section 311
(a) The Government of the United States has full au-
thority and responsibility for security and defense matters 
in or relating to the Republic of the Marshall Islands. 
(b) This authority and responsibility includes: 
(1) the obligation to defend the Republic of the 
Marshall Islands and its people from attack or threats
225
•HJ 63 RH 
thereof as the United States and its citizens are de-
fended; 
(2) the option to foreclose access to or use of the 
Republic of the Marshall Islands by military per-
sonnel or for the military purposes of any third coun-
try; and 
(3) the option to establish and use military areas 
and facilities in the Republic of the Marshall Islands, 
subject to the terms of the separate agreements re-
ferred to in sections 321 and 323. 
(c) The Government of the United States confirms that 
it shall act in accordance with the principles of inter-
national law and the Charter of the United Nations in the 
exercise of this authority and responsibility.
Section 312
Subject to the terms of any agreements negotiated in 
accordance with sections 321 and 323, the Government of 
the United States may conduct within the lands, waters and 
airspace of the Republic of the Marshall Islands the activi-
ties and operations necessary for the exercise of its author-
ity and responsibility under this Title. 
Section 313
(a) The Government of the Republic of the Marshall 
Islands shall refrain from actions that the Government of 
the United States determines, after appropriate consulta-
226
•HJ 63 RH 
tion with that Government, to be incompatible with its au-
thority and responsibility for security and defense matters 
in or relating to the Republic of the Marshall Islands. 
(b) The consultations referred to in this section shall 
be conducted expeditiously at senior levels of the two Gov-
ernments, and the subsequent determination by the Govern-
ment of the United States referred to in this section shall 
be made only at senior interagency levels of the Government 
of the United States. 
(c) The Government of the Republic of the Marshall 
Islands shall be afforded, on an expeditious basis, an oppor-
tunity to raise its concerns with the United States Sec-
retary of State personally and the United States Secretary 
of Defense personally regarding any determination made 
in accordance with this section. 
Section 314
(a) Unless otherwise agreed, the Government of the 
United States shall not, in the Republic of the Marshall Is-
lands: 
(1) test by detonation or dispose of any nuclear 
weapon, nor test, dispose of, or discharge any toxic 
chemical or biological weapon; or 
(2) test, dispose of, or discharge any other radio-
active, toxic chemical or biological materials in an
227
•HJ 63 RH 
amount or manner that would be hazardous to public 
health or safety. 
(b) Unless otherwise agreed, other than for transit or 
overflight purposes or during time of a national emergency 
declared by the President of the United States, a state of 
war declared by the Congress of the United States or as 
necessary to defend against an actual or impending armed 
attack on the United States, the Republic of the Marshall 
Islands or the Federated States of Micronesia, the Govern-
ment of the United States shall not store in the Republic 
of the Marshall Islands or the Federated States of Micro-
nesia any toxic chemical weapon, nor any radioactive ma-
terials nor any toxic chemical materials intended for weap-
ons use. 
(c) Radioactive, toxic chemical, or biological materials 
not intended for weapons use shall not be affected by section 
314(b). 
(d) No material or substance referred to in this section 
shall be stored in the Republic of the Marshall Islands ex-
cept in an amount and manner which would not be haz-
ardous to public health or safety. In determining what shall 
be an amount or manner which would be hazardous to pub-
lic health or safety under this section, the Government of 
the United States shall comply with any applicable mutual 
agreement, international guidelines accepted by the Govern-
228
•HJ 63 RH 
ment of the United States, and the laws of the United States 
and their implementing regulations. 
(e) Any exercise of the exemption authority set forth 
in section 161(e) shall have no effect on the obligations of 
the Government of the United States under this section or 
on the application of this subsection. 
(f) The provisions of this section shall apply in the 
areas in which the Government of the Republic of the Mar-
shall Islands exercises jurisdiction over the living resources 
of the seabed, subsoil or water column adjacent to its coasts. 
Section 315
The Government of the United States may invite mem-
bers of the armed forces of other countries to use military 
areas and facilities in the Republic of the Marshall Islands, 
in conjunction with and under the control of United States 
Armed Forces. Use by units of the armed forces of other 
countries of such military areas and facilities, other than 
for transit and overflight purposes, shall be subject to con-
sultation with and, in the case of major units, approval 
of the Government of the Republic of the Marshall Islands. 
Section 316
The authority and responsibility of the Government of 
the United States under this Title may not be transferred 
or otherwise assigned.
229
•HJ 63 RH 
Article II 
Defense Facilities and Operating Rights 
Section 321
(a) Specific arrangements for the establishment and 
use by the Government of the United States of military 
areas and facilities in the Republic of the Marshall Islands 
are set forth in separate agreements, which shall remain 
in effect in accordance with the terms of such agreements. 
(b) If, in the exercise of its authority and responsibility 
under this Title, the Government of the United States re-
quires the use of areas within the Republic of the Marshall 
Islands in addition to those for which specific arrangements 
are concluded pursuant to section 321(a), it may request 
the Government of the Republic of the Marshall Islands to 
satisfy those requirements through leases or other arrange-
ments. The Government of the Republic of the Marshall Is-
lands shall sympathetically consider any such request and 
shall establish suitable procedures to discuss it with and 
provide a prompt response to the Government of the United 
States. 
(c) The Government of the United States recognizes 
and respects the scarcity and special importance of land 
in the Republic of the Marshall Islands. In making any 
requests pursuant to section 321(b), the Government of the 
United States shall follow the policy of requesting the min-
230
•HJ 63 RH 
imum area necessary to accomplish the required security 
and defense purpose, of requesting only the minimum inter-
est in real property necessary to support such purpose, and 
of requesting first to satisfy its requirement through public 
real property, where available, rather than through private 
real property. 
Section 322
The Government of the United States shall provide and 
maintain fixed and floating aids to navigation in the Re-
public of the Marshall Islands at least to the extent nec-
essary for the exercise of its authority and responsibility 
under this Title. 
Section 323
The military operating rights of the Government of the 
United States and the legal status and contractual arrange-
ments of the United States Armed Forces, their members, 
and associated civilians, while present in the Republic of 
the Marshall Islands are set forth in separate agreements, 
which shall remain in effect in accordance with the terms 
of such agreements. 
Article III 
Defense Treaties and International Security Agreements 
Section 331
Subject to the terms of this Compact, as amended, and 
its related agreements, the Government of the United States,
231
•HJ 63 RH 
exclusively, has assumed and enjoys, as to the Republic of 
the Marshall Islands, all obligations, responsibilities, rights 
and benefits of: 
(a) Any defense treaty or other international se-
curity agreement applied by the Government of the 
United States as Administering Authority of the 
Trust Territory of the Pacific Islands as of October 
20, 1986. 
(b) Any defense treaty or other international se-
curity agreement to which the Government of the 
United States is or may become a party which it de-
termines to be applicable in the Republic of the Mar-
shall Islands. Such a determination by the Govern-
ment of the United States shall be preceded by appro-
priate consultation with the Government of the Re-
public of the Marshall Islands. 
Article IV 
Service in Armed Forces of the United States 
Section 341
Any person entitled to the privileges set forth in Sec-
tion 141 (with the exception of any person described in sec-
tion 141(a)(5) who is not a citizen of the Republic of the 
Marshall Islands) shall be eligible to volunteer for service 
in the Armed Forces of the United States, but shall not be 
subject to involuntary induction into military service of the
232
•HJ 63 RH 
United States as long as such person has resided in the 
United States for a period of less than one year, provided 
that no time shall count towards this one year while a per-
son admitted to the United States under the Compact, or 
the Compact, as amended, is engaged in full-time study in 
the United States. Any person described in section 
141(a)(5) who is not a citizen of the Republic of the Mar-
shall Islands shall be subject to United States laws relating 
to selective service. 
Section 342
The Government of the United States shall have en-
rolled, at any one time, at least one qualified student from 
the Republic of the Marshall Islands, as may be nominated 
by the Government of the Republic of the Marshall Islands, 
in each of: 
(a) The United States Coast Guard Academy 
pursuant to 14 U.S.C. 195. 
(b) The United States Merchant Marine Acad-
emy pursuant to 46 U.S.C. 1295(b)(6), provided that 
the provisions of 46 U.S.C. 1295b(b)(6)(C) shall not 
apply to the enrollment of students pursuant to sec-
tion 342(b) of this Compact, as amended. 
Article V 
General Provisions 
Section 351
233
•HJ 63 RH 
(a) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands shall con-
tinue to maintain a Joint Committee empowered to con-
sider disputes arising under the implementation of this 
Title and its related agreements. 
(b) The membership of the Joint Committee shall com-
prise selected senior officials of the two Governments. The 
senior United States military commander in the Pacific 
area shall be the senior United States member of the Joint 
Committee. For the meetings of the Joint Committee, each 
of the two Governments may designate additional or alter-
nate representatives as appropriate for the subject matter 
under consideration. 
(c) Unless otherwise mutually agreed, the Joint Com-
mittee shall meet annually at a time and place to be des-
ignated, after appropriate consultation, by the Government 
of the United States. The Joint Committee also shall meet 
promptly upon request of either of its members. The Joint 
Committee shall follow such procedures, including the estab-
lishment of functional subcommittees, as the members may 
from time to time agree. Upon notification by the Govern-
ment of the United States, the Joint Committee of the 
United States and the Republic of the Marshall Islands 
shall meet promptly in a combined session with the Joint 
Committee established and maintained by the Government
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•HJ 63 RH 
of the United States and the Government of the Federated 
States of Micronesia to consider matters within the jurisdic-
tion of the two Joint Committees. 
(d) Unresolved issues in the Joint Committee shall be 
referred to the Governments for resolution, and the Govern-
ment of the Republic of the Marshall Islands shall be af-
forded, on an expeditious basis, an opportunity to raise its 
concerns with the United States Secretary of Defense per-
sonally regarding any unresolved issue which threatens its 
continued association with the Government of the United 
States. 
Section 352
In the exercise of its authority and responsibility 
under Title Three, the Government of the United States 
shall accord due respect to the authority and responsibility 
of the Government of the Republic of the Marshall Islands 
under Titles One, Two and Four and to the responsibility 
of the Government of the Republic of the Marshall Islands 
to assure the well-being of its people. 
Section 353
(a) The Government of the United States shall not in-
clude the Government of the Republic of the Marshall Is-
lands as a named party to a formal declaration of war, 
without that Government’s consent.
235
•HJ 63 RH 
(b) Absent such consent, this Compact, as amended, is 
without prejudice, on the ground of belligerence or the exist-
ence of a state of war, to any claims for damages which 
are advanced by the citizens, nationals or Government of 
the Republic of the Marshall Islands, which arise out of 
armed conflict subsequent to October 21, 1986, and which 
are: 
(5) petitions to the Government of the United 
States for redress; or 
(6) claims in any manner against the govern-
ment, citizens, nationals or entities of any third 
country.
(c) Petitions under section 353(b)(1) shall be treated 
as if they were made by citizens of the United States. 
Section 354
(a) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands are jointly 
committed to continue their security and defense relations, 
as set forth in this Title. Accordingly, it is the intention 
of the two countries that the provisions of this Title shall 
remain binding as long as this Compact, as amended, re-
mains in effect, and thereafter as mutually agreed, unless 
earlier terminated by mutual agreement pursuant to section 
441, or amended pursuant to Article III of Title Four. If 
at any time the Government of the United States, or the
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Government of the Republic of the Marshall Islands, acting 
unilaterally, terminates this Title, such unilateral termi-
nation shall be considered to be termination of the entire 
Compact, as amended, in which case the provisions of sec-
tion 442 and 452 (in the case of termination by the Govern-
ment of the United States) or sections 443 and 453 (in the 
case of termination by the Government of the Republic of 
the Marshall Islands), with the exception of paragraph (3) 
of subsection (a) of section 452 or paragraph (3) of sub-
section (a) of section 453, as the case may be, shall apply. 
(b) The Government of the United States recognizes, 
in view of the special relationship between the Government 
of the United States and the Government of the Republic 
of the Marshall Islands, and in view of the existence of the 
separate agreement regarding mutual security concluded 
with the Government of the Republic of the Marshall Islands 
pursuant to sections 321 and 323, that, even if this Title 
should terminate, any attack on the Republic of the Mar-
shall Islands during the period in which such separate 
agreement is in effect, would constitute a threat to the peace 
and security of the entire region and a danger to the United 
States. In the event of such an attack, the Government of 
the United States would take action to meet the danger to 
the United States and to the Republic of the Marshall Is-
lands in accordance with its constitutional processes.
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(c) As reflected in Article 21(1)(b) of the Trust Fund 
Agreement, the Government of the United States and the 
Government of the Republic of the Marshall Islands further 
recognize, in view of the special relationship between their 
countries, that even if this Title should terminate, the Gov-
ernment of Republic of the Marshall Islands shall refrain 
from actions which the Government of the United States 
determines, after appropriate consultation with that Gov-
ernment, to be incompatible with its authority and respon-
sibility for security and defense matters in or relating to 
the Republic of the Marshall Islands or the Federated States 
of Micronesia. 
TITLE FOUR 
GENERAL PROVISIONS 
Article I 
Approval and Effective Date 
Section 411
Pursuant to section 432 of the Compact and subject 
to subsection (e) of section 461 of the Compact, as amended, 
the Compact, as amended, shall come into effect upon mu-
tual agreement between the Government of the United 
States and the Government of the Republic of the Marshall 
Islands subsequent to completion of the following:
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(a) Approval by the Government of the Republic 
of the Marshall Islands in accordance with its con-
stitutional processes. 
(b) Approval by the Government of the United 
States in accordance with its constitutional processes. 
Article II 
Conference and Dispute Resolution 
Section 421
The Government of the United States shall confer 
promptly at the request of the Government of the Republic 
of the Marshall Islands and that Government shall confer 
promptly at the request of the Government of the United 
States on matters relating to the provisions of this Compact, 
as amended, or of its related agreements. 
Section 422
In the event the Government of the United States or 
the Government of the Republic of the Marshall Islands, 
after conferring pursuant to section 421, determines that 
there is a dispute and gives written notice thereof, the two 
Governments shall make a good faith effort to resolve the 
dispute between themselves. 
Section 423
If a dispute between the Government of the United 
States and the Government of the Republic of the Marshall 
Islands cannot be resolved within 90 days of written notifi-
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cation in the manner provided in section 422, either party 
to the dispute may refer it to arbitration in accordance with 
section 424. 
Section 424
Should a dispute be referred to arbitration as provided 
for in section 423, an Arbitration Board shall be established 
for the purpose of hearing the dispute and rendering a deci-
sion which shall be binding upon the two parties to the dis-
pute unless the two parties mutually agree that the decision 
shall be advisory. Arbitration shall occur according to the 
following terms: 
(a) An Arbitration Board shall consist of a 
Chairman and two other members, each of whom 
shall be a citizen of a party to the dispute. Each of 
the two Governments that is a party to the dispute 
shall appoint one member to the Arbitration Board. 
If either party to the dispute does not fulfill the ap-
pointment requirements of this section within 30 days 
of referral of the dispute to arbitration pursuant to 
section 423, its member on the Arbitration Board 
shall be selected from its own standing list by the 
other party to the dispute. Each Government shall 
maintain a standing list of 10 candidates. The par-
ties to the dispute shall jointly appoint a Chairman 
within 15 days after selection of the other members of
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the Arbitration Board. Failing agreement on a Chair-
man, the Chairman shall be chosen by lot from the 
standing lists of the parties to the dispute within 5 
days after such failure. 
(b) Unless otherwise provided in this Compact, 
as amended, or its related agreements, the Arbitration 
Board shall have jurisdiction to hear and render its 
final determination on all disputes arising exclusively 
under Articles I, II, III, IV and V of Title One, Title 
Two, Title Four, and their related agreements. 
(c) Each member of the Arbitration Board shall 
have one vote. Each decision of the Arbitration Board 
shall be reached by majority vote. 
(d) In determining any legal issue, the Arbitra-
tion Board may have reference to international law 
and, in such reference, shall apply as guidelines the 
provisions set forth in Article 38 of the Statute of the 
International Court of Justice. 
(e) The Arbitration Board shall adopt such rules 
for its proceedings as it may deem appropriate and 
necessary, but such rules shall not contravene the pro-
visions of this Compact, as amended. Unless the par-
ties provide otherwise by mutual agreement, the Arbi-
tration Board shall endeavor to render its decision 
within 30 days after the conclusion of arguments. The
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Arbitration Board shall make findings of fact and 
conclusions of law and its members may issue dis-
senting or individual opinions. Except as may be oth-
erwise decided by the Arbitration Board, one-half of 
all costs of the arbitration shall be borne by the Gov-
ernment of the United States and the remainder shall 
be borne by the Government of the Republic of the 
Marshall Islands. 
Article III 
Amendment 
Section 431
The provisions of this Compact, as amended, may be 
further amended by mutual agreement of the Government 
of the United States and the Government of the Republic 
of the Marshall Islands, in accordance with their respective 
constitutional processes. 
Article IV 
Termination 
Section 441
This Compact, as amended, may be terminated by mu-
tual agreement of the Government of the Republic of the 
Marshall Islands and the Government of the United States, 
in accordance with their respective constitutional processes. 
Such mutual termination of this Compact, as amended, 
shall be without prejudice to the continued application of
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section 451 of this Compact, as amended, and the provisions 
of the Compact, as amended, set forth therein. 
Section 442
Subject to section 452, this Compact, as amended, may 
be terminated by the Government of the United States in 
accordance with its constitutional processes. Such termi-
nation shall be effective on the date specified in the notice 
of termination by the Government of the United States but 
not earlier than six months following delivery of such no-
tice. The time specified in the notice of termination may 
be extended. Such termination of this Compact, as amended, 
shall be without prejudice to the continued application of 
section 452 of this Compact, as amended, and the provisions 
of the Compact, as amended, set forth therein. 
Section 443
This Compact, as amended, shall be terminated by the 
Government of the Republic of the Marshall Islands, pursu-
ant to its constitutional processes, subject to section 453 if 
the people represented by that Government vote in a plebi-
scite to terminate the Compact. The Government of the Re-
public of the Marshall Islands shall notify the Government 
of the United States of its intention to call such a plebiscite, 
which shall take place not earlier than three months after 
delivery of such notice. The plebiscite shall be administered 
by the Government of the Republic of the Marshall Islands
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in accordance with its constitutional and legislative proc-
esses, but the Government of the United States may send 
its own observers and invite observers from a mutually 
agreed party. If a majority of the valid ballots cast in the 
plebiscite favors termination, the Government of the Repub-
lic of the Marshall Islands shall, upon certification of the 
results of the plebiscite, give notice of termination to the 
Government of the United States, such termination to be 
effective on the date specified in such notice but not earlier 
than three months following the date of delivery of such no-
tice. The time specified in the notice of termination may 
be extended. 
Article V 
Survivability 
Section 451
(a) Should termination occur pursuant to section 441, 
economic and other assistance by the Government of the 
United States shall continue only if and as mutually agreed 
by the Governments of the United States and the Republic 
of the Marshall Islands, and in accordance with the coun-
tries’ respective constitutional processes. 
(b) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections (b) and (c) of section 354 of this Compact, 
as amended, and the separate agreement entered into con-
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sistent with those subsections, if termination occurs pursu-
ant to section 441 prior to the twentieth anniversary of the 
effective date of this Compact, as amended, the United 
States shall continue to make contributions to the Trust 
Fund described in section 216 of this Compact, as amended. 
(c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands described 
in subsection (b) of this section, if termination occurs pur-
suant to section 441 following the twentieth anniversary of 
the effective date of this Compact, as amended, the Republic 
of the Marshall Islands shall be entitled to receive proceeds 
from the Trust Fund described in section 216 of this Com-
pact, as amended, in the manner described in those provi-
sions and the Trust Fund Agreement. 
Section 452
(a) Should termination occur pursuant to section 442 
prior to the twentieth anniversary of the effective date of 
this Compact, as amended, the following provisions of this 
amended Compact shall remain in full force and effect until 
the twentieth anniversary of the effective date of this Com-
pact, as amended, and thereafter as mutually agreed: 
(1) Article VI and sections 172, 173, 176 and 
177 of Title One; 
(2) Article One and sections 232 and 234 of Title 
Two;
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(3) Title Three; and 
(4) Articles II, III, V and VI of Title Four. 
(b) Should termination occur pursuant to section 442 
before the twentieth anniversary of the effective date of this 
Compact, as amended:
(1) Except as provided in paragraph (2) of this 
subsection and subsection (c) of this section, economic 
and other assistance by the United States shall con-
tinue only if and as mutually agreed by the Govern-
ments of the United States and the Republic of the 
Marshall Islands. 
(2) In view of the special relationship of the 
United States and the Republic of the Marshall Is-
lands, as reflected in subsections (b) and (c) of section 
354 of this Compact, as amended, and the separate 
agreement regarding mutual security, and the Trust 
Fund Agreement, the United States shall continue to 
make contributions to the Trust Fund described in 
section 216 of this Compact, as amended, in the man-
ner described in the Trust Fund Agreement. 
(c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, 
and the separate agreement regarding mutual security, and 
the Trust Fund Agreement, if termination occurs pursuant
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to section 442 following the twentieth anniversary of the 
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 453
(a) Should termination occur pursuant to section 443 
prior to the twentieth anniversary of the effective date of 
this Compact, as amended, the following provisions of this 
Compact, as amended, shall remain in full force and effect 
until the twentieth anniversary of the effective date of this 
Compact, as amended, and thereafter as mutually agreed: 
(1) Article VI and sections 172, 173, 176 and 
177 of Title One; 
(2) Sections 232 and 234 of Title Two; 
(3) Title Three; and 
(4) Articles II, III, V and VI of Title Four. 
(b) Upon receipt of notice of termination pursuant to 
section 443, the Government of the United States and the 
Government of the Republic of the Marshall Islands shall 
promptly consult with regard to their future relationship. 
Except as provided in subsections (c) and (d) of this section, 
these consultations shall determine the level of economic and 
other assistance, if any, which the Government of the
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United States shall provide to the Government of the Repub-
lic of the Marshall Islands for the period ending on the 
twentieth anniversary of the effective date of this Compact, 
as amended, and for any period thereafter, if mutually 
agreed. 
(c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, 
and the separate agreement regarding mutual security, and 
the Trust Fund Agreement, if termination occurs pursuant 
to section 443 prior to the twentieth anniversary of the effec-
tive date of this Compact, as amended, the United States 
shall continue to make contributions to the Trust Fund de-
scribed in section 216 of this Compact, as amended. 
(d) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as reflected 
in subsections 354(b) and (c) of this Compact, as amended, 
and the separate agreement regarding mutual security, and 
the Trust Fund Agreement, if termination occurs pursuant 
to section 443 following the twentieth anniversary of the 
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.
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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: 
(a) ‘‘Trust Territory of the Pacific Islands’’ 
means the area established in the Trusteeship Agree-
ment consisting of the former administrative districts 
of Kosrae, Yap, Ponape, the Marshall Islands and 
Truk as described in Title One, Trust Territory Code, 
section 1, in force on January 1, 1979. This term
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does not include the area of Palau or the Northern 
Mariana Islands. 
(b) ‘‘Trusteeship Agreement’’ means the agree-
ment setting forth the terms of trusteeship for the 
Trust Territory of the Pacific Islands, approved by 
the Security Council of the United Nations April 2, 
1947, and by the United States July 18, 1947, en-
tered into force July 18, 1947, 61 Stat. 3301, T.I.A.S. 
1665, 8 U.N.T.S. 189. 
(c) ‘‘The Republic of the Marshall Islands’’ and 
‘‘the Federated States of Micronesia’’ are used in a 
geographic sense and include the land and water 
areas to the outer limits of the territorial sea and the 
air space above such areas as now or hereafter recog-
nized by the Government of the United States. 
(d) ‘‘Compact’’ means the Compact of Free Asso-
ciation Between the United States and the Federated 
States of Micronesia and the Marshall Islands, that 
was approved by the United States Congress in sec-
tion 201 of Public Law 99–239 (Jan. 14, 1986) and 
went into effect with respect to the Republic of the 
Marshall Islands on October 21, 1986. 
(e) ‘‘Compact, as amended’’ means the Compact 
of Free Association Between the United States and 
the Republic of the Marshall Islands, as amended. The
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effective date of the Compact, as amended, shall be on 
a date to be determined by the President of the United 
States, and agreed to by the Government of the Re-
public of the Marshall Islands, following formal ap-
proval of the Compact, as amended, in accordance 
with section 411 of this Compact, as amended. 
(f) ‘‘Government of the Republic of the Marshall 
Islands’’ means the Government established and orga-
nized by the Constitution of the Republic of the Mar-
shall Islands including all the political subdivisions 
and entities comprising that Government. 
(g) ‘‘Government of the Federated States of Mi-
cronesia’’ means the Government established and or-
ganized by the Constitution of the Federated States of 
Micronesia including all the political subdivisions 
and entities comprising that Government. 
(h) The following terms shall be defined con-
sistent with the 1978 Edition of the Radio Regula-
tions of the International Telecommunications as fol-
lows: 
(1) ‘‘Radiocommunication’’ means tele-
communication by means of radio waves. 
(2) ‘‘Station’’ means one or more transmit-
ters or receivers or a combination of transmitters 
and receivers, including the accessory equipment,
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necessary at one location for carrying on a 
radiocommunication service, or the radio astron-
omy service. 
(3) 
‘‘Broadcasting 
Service’’ 
means 
a 
radiocommunication service in which the trans-
missions are intended for direct reception by the 
general public. This service may include sound 
transmissions, television transmissions or other 
types of transmission. 
(4) ‘‘Broadcasting Station’’ means a station 
in the broadcasting service. 
(5) ‘‘Assignment (of a radio frequency or 
radio frequency channel)’’ means an authoriza-
tion given by an administration for a radio sta-
tion to use a radio frequency or radio frequency 
channel under specified conditions. 
(6) ‘‘Telecommunication’’ means any trans-
mission, emission or reception of signs, signals, 
writings, images and sounds or intelligence of 
any nature by wire, radio, optical or other elec-
tromagnetic systems. 
(i) ‘‘Military Areas and Facilities’’ means those 
areas and facilities in the Republic of the Marshall 
Islands reserved or acquired by the Government of the 
Republic of the Marshall Islands for use by the Gov-
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ernment of the United States, as set forth in the sepa-
rate agreements referred to in section 321. 
(j) ‘‘Tariff Schedules of the United States’’ 
means the Tariff Schedules of the United States as 
amended from time to time and as promulgated pur-
suant to United States law and includes the Tariff 
Schedules of the United States Annotated (TSUSA), 
as amended. 
(k) ‘‘Vienna Convention on Diplomatic Rela-
tions’’ means the Vienna Convention on Diplomatic 
Relations, done April 18, 1961, 23 U.S.T. 3227, 
T.I.A.S. 7502, 500 U.N.T.S. 95. 
Section 462
(a) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands previously 
have concluded agreements, which shall remain in effect and 
shall survive in accordance with their terms, as follows: 
(1) Agreement Between the Government of the 
United States and the Government of the Marshall Is-
lands for the Implementation of Section 177 of the 
Compact of Free Association; 
(2) Agreement Between the Government of the 
United States and the Government of the Marshall Is-
lands by Persons Displaced as a Result of the United
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States Nuclear Testing Program in the Marshall Is-
lands; 
(3) Agreement Between the Government of the 
United States and the Government of the Marshall Is-
lands Regarding the Resettlement of Enjebi Island; 
(4) Agreement Concluded Pursuant to Section 
234 of the Compact; and 
(5) Agreement Between the Government of the 
United States and the Government of the Marshall Is-
lands Regarding Mutual Security Concluded Pursu-
ant to Sections 321 and 323 of the Compact of Free 
Association. 
(b) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands shall con-
clude prior to the date of submission of this Compact to 
the legislatures of the two countries, the following related 
agreements which shall come into effect on the effective date 
of this Compact, as amended, and shall survive in accord-
ance with their terms, as follows: 
(1) Federal Programs and Services Agreement 
Between the Government of the United States of 
America and the Government of the Republic of the 
Marshall Islands Concluded Pursuant to Article III of 
Title One, Article II of Title Two (including Section
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222), and Section 231 of the Compact of Free Asso-
ciation, as Amended, which include: 
(i) Postal Services and Related Programs; 
(ii) Weather Services and Related Pro-
grams; 
(iii) Civil Aviation Safety Service and Re-
lated Programs; 
(iv) Civil Aviation Economic Services and 
Related Programs; 
(v) United States Disaster Preparedness 
and Response Services and Related Programs; 
and 
(vi) Telecommunications Services and Re-
lated Programs. 
(2) Agreement Between the Government of the 
United States of America and the Government of the 
Republic of the Marshall Islands on Extradition, Mu-
tual Assistance in Law Enforcement Matters and 
Penal Sanctions Concluded Pursuant to Section 175 
(a) of the Compact of Free Association, as Amended; 
(3) Agreement Between the Government of the 
United States of America and the Government of the 
Republic of the Marshall Islands on Labor Recruit-
ment Concluded Pursuant to Section 175 (b) of the 
Compact of Free Association, as Amended;
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(4) Agreement Concerning Procedures for the Im-
plementation of United States Economic Assistance 
Provided in the Compact, as Amended, of Free Asso-
ciation Between the Government of the United States 
of America and the Government of the Republic of the 
Marshall Islands; 
(5) Agreement Between the Government of the 
United States of America and the Government of the 
Republic of the Marshall Islands Implementing Sec-
tion 216 and Section 217 of the Compact, as Amend-
ed, Regarding a Trust Fund; 
(6) Agreement Regarding the Military Use and 
Operating Rights of the Government of the United 
States in the Republic of the Marshall Islands Con-
cluded Pursuant to Sections 321 and 323 of the Com-
pact of Free Association, as Amended; and, 
(7) Status of Forces Agreement Between the Gov-
ernment of the United States of America and the Gov-
ernment of the Republic of the Marshall Islands Con-
cluded Pursuant to Section 323 of the Compact of 
Free Association, as Amended. 
Section 463
(a) Except as set forth in subsection (b) of this section, 
any reference in this Compact, as amended, to a provision 
of the United States Code or the Statutes at Large of the
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United States constitutes the incorporation of the language 
of such provision into this Compact, as amended, as such 
provision was in force on the effective date of this Compact, 
as amended. 
(b) Any reference in Article IV and VI of Title One, 
and Sections 174, 175, 178 and 342 to a provision of the 
United States Code or the Statutes at Large of the United 
States or to the Privacy Act, the Freedom of Information 
Act, the Administrative Procedure Act or the Immigration 
and Nationality Act constitutes the incorporation of the 
language of such provision into this Compact, as amended, 
as such provision was in force on the effective date of this 
Compact, as amended, or as it may be amended thereafter 
on a non-discriminatory basis according to the constitu-
tional processes of the United States. 
Article VII 
Concluding Provisions 
Section 471
Both the Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands shall take 
all necessary steps, of a general or particular character, to 
ensure, no later than the entry into force date of this Com-
pact, as amended, the conformity of its laws, regulations 
and administrative procedures with the provisions of this
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Compact, as amended, or, in the case of subsection (d) of 
section 141, as soon as reasonably possible thereafter. 
Section 472
This Compact, as amended, may be accepted, by signa-
ture or otherwise, by the Government of the United States 
and the Government of the Republic of the Marshall Islands. 
IN WITNESS WHEREOF, the undersigned, duly au-
thorized, have signed this Compact of Free Association, as 
amended, which shall enter into force upon the exchange 
of diplomatic notes by which the Government of the United 
States of America and the Government of the Republic of 
the Marshall Islands inform each other about the fulfillment 
of their respective requirements for entry into force. 
DONE at Majuro, Republic of the Marshall Islands, 
in duplicate, this thirtieth (30) day of April, 2003, each 
text being equally authentic.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This joint resolution, to-
gether with the Table of Contents in sub-
section (b) of this section, may be cited as the 
‘‘Compact of Free Association Amendments 
Act of 2003’’.
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(b) TABLE OF CONTENTS.—The table of con-
tents for this joint resolution is as follows:
TITLE I—APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI 
COMPACT; INTERPRETATION OF, AND UNITED STATES 
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 U.S.-RMI Compact of Free Association. 
(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 Sub-
sidiary Agreements or Separate Agreements. 
(d) Amendment, Change, or Termination in the U.S.-FSM 
Compact and the U.S.-RMI Compact and Cer-
tain Agreements. 
(e) Subsidiary Agreement 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) Kwajalein. 
(d) Section 177 Agreement. 
(e) Nuclear Test Effects. 
(f) Espousal Provisions. 
(g) DOE Radiological Health Care Program; USDA Agricul-
tural and Food Programs. 
(h) Rongelap. 
(i) Four Atoll Health Care Program. 
(j) Enjebi Community Trust Fund. 
(k) Bikini Atoll Cleanup. 
(l) Agreement on Audits. 
Sec. 104. Interpretation of and United States Policy Regarding 
U.S.-FSM Compact and U.S.-RMI Compact. 
(a) Human Rights. 
(b) Immigration and Passport Security. 
(c) Nonalienation of Lands. 
(d) Nuclear Waste Disposal. 
(e) Impact of Compacts on Guam, the State of Hawaii, the 
Commonwealth of the Northern Mariana Is-
lands, and American Samoa; Related Author-
ization and Continuing Appropriation. 
(f) Sense of Congress Concerning Funding of Public Infra-
structure. 
(g) Foreign Loans. 
(h) Reports and Reviews. 
(i) Construction of Section 141(F).
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Sec. 105. Supplemental Provisions. 
(a) Domestic Program Requirements. 
(b) Relations With the Federated States of Micronesia and 
the Republic of the Marshall Islands. 
(c) Judicial Training. 
(d) Continuing Trust Territory Authorization. 
(e) Survivability; Actions Incompatible with United States 
Authority. 
(f) Noncompliance Sanctions. 
(g) Continuing Programs and Laws. 
(h) College of Micronesia. 
(i) Trust Territory Debts to U.S. Federal Agencies. 
(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 Mar-
shall Islands, and the Republic of Palau. 
(p) Inflation Adjustment. 
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 Micro-
nesia, the Republic of the Marshall Islands, and 
the Republic of Palau Employed by the Govern-
ment of the United States in the Continental 
United States.
TITLE II—COMPACTS OF FREE ASSOCIATION WITH THE 
FEDERATED STATES OF MICRONESIA AND THE REPUB-
LIC OF THE MARSHALL ISLANDS 
Sec. 201. Compacts of Free Association, as Amended Between 
the Government of the United States and the Gov-
ernment of the Federated States of Micronesia 
and Between the Government of the United States 
and the Government of the Republic of the Mar-
shall 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.
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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 
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 
Article I—Authority and Responsibility. 
Article II—Defense Facilities and Operating Rights.
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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.
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 Compact of Free Association, as amended 
with respect to the Federated States of Micro-
nesia 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,
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and Congress hereby consents to the sub-
sidiary agreements and amended subsidiary 
agreements listed in section 462 of the U.S.-
FSM Compact. Subject to the provisions of 
this joint resolution, the President is author-
ized to agree, in accordance with section 411 
of the U.S.-FSM Compact, to an effective date 
for and thereafter 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 Mar-
shall Islands and set forth in Title II (section 
201(b)) of this joint resolution, is hereby ap-
proved, and Congress hereby consents to the 
subsidiary agreements and amended sub-
sidiary agreements listed in section 462 of the 
U.S.-RMI Compact. Subject to the provisions 
of this joint resolution, the President is au-
thorized to agree, in accordance with section 
411 of the U.S.-RMI Compact, to an effective 
date for and thereafter to implement such 
U.S.-RMI Compact.
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(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 resolu-
tion (except references in title II) to ‘‘the 
Compact’’ shall be treated as a reference 
to the Compact of Free Association set 
forth in title II of Public Law 99–239, Jan-
uary 14, 1986 (99 Stat. 1770). Any ref-
erence in this joint resolution to the 
‘‘U.S.-FSM Compact’’ shall be treated as a 
reference to the Compact of Free Associa-
tion, as amended between the Govern-
ment of the United States of America and 
the Government of the Federated 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 As-
sociation, as amended between the Gov-
ernment of the United States of America 
and the Government of the Republic of
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the Marshall Islands and set forth in Title 
II (section 201(b)) of this joint resolution. 
(2) Any reference to the term ‘‘sub-
sidiary agreements’’ or ‘‘separate agree-
ments’’ in this joint resolution shall be 
treated as a reference to agreements list-
ed in section 462 of the U.S.-FSM Com-
pact and the U.S.-RMI Compact, and any 
other agreements that the United States 
may from time to time enter into with ei-
ther the government of the Federated 
States of Micronesia or the government 
of the Republic of the Marshall Islands, 
or with both such governments in accord-
ance with the provisions of the U.S.-FSM 
Compact and the U.S.-RMI Compact. 
(d) AMENDMENT, CHANGE, OR TERMINATION 
IN THE U.S.-FSM COMPACT AND U.S.-RMI COM-
PACT AND CERTAIN AGREEMENTS.—
(1) Any amendment, change, or termi-
nation by mutual agreement or by unilat-
eral action of the Government 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 Con-
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gress has incorporated it in an Act of 
Congress. 
(2) The provisions of paragraph (1) 
shall apply—
(A) to all actions of the Govern-
ment of the United States under the 
U.S.-FSM Compact or U.S.-RMI Com-
pact including, but not limited to, ac-
tions taken pursuant to sections 431, 
441, or 442; 
(B) to any amendment, change, or 
termination in the Agreement Be-
tween the Government of the United 
States and the Government of the 
Federated States of Micronesia Re-
garding Friendship, Cooperation and 
Mutual Security Concluded Pursuant 
to Sections 321 and 323 of the Com-
pact 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 Marshall 
Islands Regarding Mutual Security 
Concluded Pursuant to Sections 321
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and 323 of the Compact of Free Asso-
ciation referred to in section 462(a)(5) 
of the U.S.-RMI Compact; 
(C) to any amendment, change, or 
termination of the agreements con-
cluded 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 incorporated by reference 
into the U.S.-FSM Compact and the 
U.S.-RMI Compact; and 
(D) to the following subsidiary 
agreements, or portions thereof: Arti-
cles III, IV and X of the agreement re-
ferred to in section 462(b)(6) of the 
U.S.-RMI Compact: 
(i) Article III and IV of the 
agreement referred to in section 
462(b)(6) of the U.S.-FSM Com-
pact. 
(ii) 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.
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(e) SUBSIDIARY AGREEMENTS DEEMED BILAT-
ERAL.—For purposes of implementation of the 
U.S.-FSM Compact and the U.S.-RMI Compact 
and this joint resolution, the Agreement Con-
cluded Pursuant to Section 234 of the Com-
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 subsidiary agreement. The con-
sent or concurrence of any other party shall 
not be required for the effectiveness of any 
actions taken by the United States in conjunc-
tion with either the Federated States of Mi-
cronesia or the Republic of the Marshall Is-
lands which are intended to affect the imple-
mentation, modification, suspension, or ter-
mination 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 AMEND-
MENTS TO SUBSIDIARY AGREEMENTS.—No agree-
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ment between the United States and the gov-
ernment of either the Federated States of Mi-
cronesia or the Republic of the Marshall Is-
lands which would amend, change, or termi-
nate any subsidiary agreement or portion 
thereof, other than those set forth is sub-
section (d) of this section shall enter into 
force until after the President has trans-
mitted such agreement to the President of the 
Senate and the Speaker of the House of Rep-
resentatives together with an explanation of 
the agreement and the reasons therefor. In 
the case of the agreement referred to in sec-
tion 462(b)(3) of the U.S.-FSM Compact and 
the U.S.-RMI Compact, such transmittal shall 
include a specific statement by the Secretary 
of Labor as to the necessity of such amend-
ment, change, or termination, and the impact 
thereof. 
SEC. 102. AGREEMENTS WITH FEDERATED STATES OF MI-
CRONESIA. 
(a) LAW ENFORCEMENT ASSISTANCE.—Pur-
suant to sections 222 and 224 of the U.S.-FSM 
Compact, the United States shall provide non-
reimbursable technical and training assist-
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ance as appropriate, including training and 
equipment for postal inspection of illicit 
drugs and other contraband, to enable the 
Government of the Federated States of Micro-
nesia to develop and adequately enforce laws 
of the Federated States of Micronesia and to 
cooperate with the United States in the en-
forcement of criminal laws of the United 
States. Funds appropriated pursuant to sec-
tion 105(j) of this title may be used to reim-
burse State or local agencies providing such 
assistance. 
(b) AGREEMENT
ON AUDITS.—The Comp-
troller General (and his duly authorized rep-
resentatives) shall have the authorities nec-
essary 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 fol-
lowing authorities: 
(1) GENERAL AUTHORITY OF THE COMP-
TROLLER GENERAL TO AUDIT.—
(A) The Comptroller General of 
the United States (and his duly au-
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thorized representatives) shall have 
the authority to audit—
(i) all grants, program assist-
ance, and other assistance pro-
vided 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 pro-
vided by the Government of the 
United States to the Government 
of the Federated States of Micro-
nesia. 
Such authority shall include author-
ity for the Comptroller General to 
conduct or cause to be conducted any 
of the audits provided for in section 
232 of the U.S.-FSM Compact. The au-
thority provided in this paragraph 
shall continue for at least ten years 
after the last such grant has been 
made or assistance has been pro-
vided.
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(B) The Comptroller General (and 
his duly authorized representatives) 
shall also have authority to review 
any audit conducted by or on behalf 
of the Government of the United 
States. In this connection, the Comp-
troller General shall have access to 
such personnel and to such records, 
documents, working papers, auto-
mated data and files, and other infor-
mation 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, auto-
mated data and files, and other infor-
mation relevant to such audits. The 
Comptroller General may duplicate 
any such records, documents, work-
ing papers, automated data and files,
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or other information relevant to such 
audits. 
(B) 
Such 
records, 
documents, 
working papers, automated data and 
files, and other information regarding 
each such grant or other assistance 
shall be maintained for at least ten 
years after the date such grant or as-
sistance was provided and in a man-
ner that permits such grants, assist-
ance, and payments to be accounted 
for distinct from any other funds of 
the Government of the Federated 
States of Micronesia. 
(3) STATUS OF COMPTROLLER GENERAL 
REPRESENTATIVES.—The Comptroller Gen-
eral and his duly authorized representa-
tives shall be immune from civil and 
criminal process relating to words spo-
ken or written and all acts performed by 
them in their official capacity and falling 
within their functions, except insofar as 
such immunity may be expressly waived 
by the Government of the United States. 
The Comptroller General and his duly au-
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thorized representatives shall not be lia-
ble to arrest or detention pending trial, 
except in the case of a grave crime and 
pursuant to a decision by a competent ju-
dicial authority, and such persons shall 
enjoy immunity from seizure of personal 
property, immigration restrictions, and 
laws 
relating 
to 
alien 
registration, 
fingerprinting, and the registration of 
foreign agents. Such persons shall enjoy 
the same taxation exemptions as are set 
forth in Article 34 of the Vienna Conven-
tion on Diplomatic Relations. The privi-
leges, exemptions and immunities ac-
corded under this paragraph are not for 
the personal benefit of the individuals 
concerned but are to safeguard the inde-
pendent exercise of their official func-
tions. Without prejudice to those privi-
leges, exemptions and immunities, it is 
the duty of all such persons to respect 
the laws and regulations of the Govern-
ment of the Federated States of Micro-
nesia.
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(4) AUDITS DEFINED.—As used in this 
subsection, the term ‘‘audits’’ includes fi-
nancial, program, and management au-
dits, including determining—
(A) whether the Government of 
the Federated States of Micronesia 
has met the requirements set forth in 
the U.S.-FSM Compact, or any related 
agreement entered into under the 
U.S.-FSM 
Compact, 
regarding 
the 
purposes for which such grants and 
other assistance are to be used; and 
(B) the propriety of the financial 
transactions of the Government of the 
Federated States of Micronesia pur-
suant to such grants or assistance. 
(5) COOPERATION BY FEDERATED STATES 
OF MICRONESIA.—The Government of the 
Federated States of Micronesia will co-
operate fully with the Comptroller Gen-
eral of the United States in the conduct 
of such audits as the Comptroller General 
determines 
necessary 
to 
enable 
the 
Comptroller General to fully discharge
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his responsibilities under this joint reso-
lution. 
SEC. 103. AGREEMENTS WITH AND OTHER PROVISIONS RE-
LATED TO THE REPUBLIC OF THE MARSHALL 
ISLANDS. 
(a) LAW ENFORCEMENT ASSISTANCE.—Pur-
suant to sections 222 and 224 of the U.S.-RMI 
Compact, the United States shall provide non-
reimbursable technical and training assist-
ance as appropriate, including training and 
equipment for postal inspection of illicit 
drugs and other contraband, to enable the 
Government of the Marshall Islands to de-
velop 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 pursu-
ant 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 Govern-
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ment of the Marshall Islands an agree-
ment whereby, without prejudice as to 
any claims which have been or may be 
asserted by any party as to rightful title 
and ownership of any lands on Ejit, the 
Government of the Marshall Islands shall 
assure that lands on Ejit used as of Janu-
ary 1, 1985, by the people of Bikini, will 
continue to be available without charge 
for their use, until such time as Bikini is 
restored and inhabitable and the contin-
ued use of Ejit is no longer necessary, un-
less a Marshall Islands court of com-
petent 
jurisdiction 
finally 
determines 
that there are legal impediments to con-
tinued 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 de-
scribed in paragraph (1) do arise, the 
United States will cooperate with the 
Government of the Marshall Islands in 
assisting any person adversely affected 
by such judicial determination to remain 
on Ejit, or in locating suitable and ac-
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ceptable alternative lands for such per-
son’s use. 
(3) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that paragraph (1) shall not be 
applied in a manner which would pre-
vent the Government of the Marshall Is-
lands from acting in accordance with its 
constitutional processes to resolve title 
and ownership claims with respect to 
such lands or from taking substitute or 
additional measures to meet the needs of 
the people of Bikini with their democrat-
ically expressed consent and approval. 
(c) KWAJALEIN.—
(1) 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 accord-
ance with the land use agreement dated 
October 19, 1982, or as amended or 
superceded, and any related allocation 
agreements, is required in order to en-
sure that the Government of the United 
States will be able to fulfill its obligation
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and responsibilities under Title Three of 
the Compact and the subsidiary agree-
ments concluded pursuant to the Com-
pact. 
(2)(A) If the Government of the Mar-
shall Islands fails to make payments in 
accordance with paragraph (1), the Gov-
ernment of the United States shall ini-
tiate procedures under section 313 of the 
Compact and consult with the Govern-
ment of the Marshall Islands with respect 
to the basis for the nonpayment of funds. 
(B) The United States shall expedi-
tiously resolve the matter of any non-
payment of funds required under para-
graph (1) pursuant to section 313 of the 
Compact and the authority and responsi-
bility of the Government of the United 
States for security and defense matters in 
or relating to the Marshall Islands. 
(C) This paragraph shall be enforced 
in accordance with section 105(f)(2). 
(3) Until such time as the Govern-
ment of the Marshall Islands and the 
landowners of Kwajalein Atoll have con-
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cluded 
an 
agreement 
amending 
or 
superceding the land use agreement 
dated October 19, 1982, any amounts paid 
by the United States to the Government 
of the Marshall Islands in excess of the 
amounts required to be paid pursuant to 
the land use agreement dated October 19, 
1982, shall be paid into, and held in, an 
interest bearing account in a United 
States financial institution by the Gov-
ernment of the Republic of the Marshall 
Islands. 
(4)(A) The Government of the Repub-
lic of the Marshall Islands shall notify the 
Government of the United States when 
an agreement amending or superceding 
the land use agreement dated October 19, 
1982, is concluded. 
(B) If no agreement amending or 
superceding the land use agreement 
dated October 19, 1982, is concluded by 
the date five years after the date of en-
actment of this resolution, the President 
shall report to Congress on the intentions 
of the United States with respect to the
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use of Kwajalein Atoll after 2016, and on 
any plans to relocate activities carried 
out at Kwajalein Atoll. 
(d) SECTION 177 AGREEMENT.—
(1) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that in furtherance of the pur-
poses of Article I of the Subsidiary Agree-
ment 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 Implemen-
tation of section 177 of the Compact 
(hereafter in this subsection referred to 
as the ‘‘Section 177 Agreement’’) only 
after the Government of the Marshall Is-
lands 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 Agree-
ment.
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(2) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that in the event that the Presi-
dent determines that an investment man-
agement firm selected by the Government 
of the Marshall Islands does not meet the 
requirements specified in Article I of the 
Section 177 Agreement, the United States 
shall invoke the conference and dispute 
resolution procedures of Article II of 
Title Four of the Compact. Pending the 
resolution of such a dispute and until a 
qualified Fund Manager has been des-
ignated, the Government of the Marshall 
Islands shall place the funds paid by the 
United States pursuant to Article I of the 
Section 177 Agreement into an interest-
bearing escrow account. Upon designa-
tion of a qualified Fund Manager, all 
funds in the escrow account shall be 
transferred to the control of such Fund 
Manager for management pursuant to the 
Section 177 Agreement. 
(3) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress
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provided that if the Government of the 
Marshall Islands determines that some 
other investment firm should act as Fund 
Manager in place of the firm first (or sub-
sequently) selected by such Government, 
the Government of the Marshall Islands 
shall so notify the President of the 
United States, identifying the firm se-
lected by such Government to become 
Fund Manager, and the President shall 
proceed to evaluate the qualifications of 
such identified firm. 
(4) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that at the end of 15 years after 
the effective date of the Compact, the 
firm then acting as Fund Manager shall 
transfer to the Government of the Mar-
shall Islands, or to such account as such 
Government shall so notify the Fund 
Manager, all remaining funds and assets 
being managed by the Fund Manager 
under the Section 177 Agreement. 
(e) NUCLEAR TEST EFFECTS.—In the joint 
resolution of January 14, 1986 (Public Law 99–
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239) Congress provided that in approving the 
Compact, the Congress understands and in-
tends that the peoples of Bikini, Enewetak, 
Rongelap, and Utrik, who were affected by 
the United States nuclear weapons testing 
program in the Marshall Islands, will receive 
the 
amounts 
of 
$75,000,000 
(Bikini); 
$48,750,000 
(Enewetak); 
$37,500,000 
(Rongelap); and $22,500,000 (Utrik), respec-
tively, which amounts shall be paid out of pro-
ceeds from the fund established under Article 
I, section 1 of the subsidiary agreement for 
the implementation of section 177 of the Com-
pact. The amounts specified in this subsection 
shall be in addition to any amounts which 
may be awarded to claimants pursuant to Ar-
ticle IV of the subsidiary agreement for the 
implementation of Section 177 of the Com-
pact. Nothing in this subsection creates any 
rights or obligations beyond those provided 
for in the original enacted version of Public 
Law 99–239. 
(f) ESPOUSAL PROVISIONS.—
(1) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress
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provided that it is the intention of the 
Congress of the United States that the 
provisions of section 177 of the Compact 
of Free Association and the Agreement 
between the Government of the United 
States and the Government of the Mar-
shall Islands for the Implementation of 
Section 177 of the Compact (hereafter in 
this subsection referred to as the ‘‘Sec-
tion 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 Agree-
ment. 
(2) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that in furtherance of the inten-
tion of Congress as stated in paragraph 
(1) of this subsection, the Section 177 
Agreement is hereby ratified and ap-
proved. It is the explicit understanding 
and intent of Congress that the jurisdic-
tional limitations set forth in Article XII
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of such Agreement are enacted solely and 
exclusively to accomplish the objective of 
Article X of such Agreement and only as 
a clarification of the effect of Article X, 
and are not to be construed or imple-
mented separately from Article X. 
(g) DOE RADIOLOGICAL HEALTH CARE PRO-
GRAM; USDA AGRICULTURAL
AND FOOD PRO-
GRAMS.—
(1) Notwithstanding any other provi-
sion of law, upon the request of the Gov-
ernment of the Republic of the Marshall 
Islands, the President (either through an 
appropriate department or agency of the 
United States or by contract with a 
United States firm) shall continue to pro-
vide special medical care and logistical 
support thereto for the remaining mem-
bers of the population of Rongelap and 
Utrik who were exposed to radiation re-
sulting from the 1954 United States ther-
mo-nuclear ‘‘Bravo’’ test, pursuant to 
Public Laws 95–134 and 96–205. 
(2)(A) In the joint resolution of Janu-
ary 14, 1986 (Public Law 99–239), Con-
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gress provided that notwithstanding any 
other provision of law, upon the request 
of the Government of the Marshall Is-
lands, for the first fifteen years after the 
effective date of the Compact, the Presi-
dent (either through an appropriate de-
partment or agency of the United States 
or by contract with a United States firm 
or by a grant to the Government of the 
Republic of the Marshall Islands which 
may further contract only with a United 
States firm or a Republic of the Marshall 
Islands firm, the owners, officers and ma-
jority of the employees of which are citi-
zens of the United States or the Republic 
of the Marshall Islands) shall provide 
technical and other assistance—
(i) 
without 
reimbursement, 
to 
continue the planting and agricul-
tural 
maintenance 
program 
on 
Enewetak, as provided in subpara-
graph (C); 
(ii) without reimbursement, to 
continue the food programs of the Bi-
kini and Enewetak people described
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in section 1(d) of Article II of the Sub-
sidiary Agreement for the Implemen-
tation of Section 177 of the Compact 
and for continued waterborne trans-
portation of agricultural products to 
Enewetak including operations and 
maintenance of the vessel used for 
such purposes. 
(B) The President shall ensure the as-
sistance provided under these programs 
reflects the changes in the population 
since the inception of such programs. 
(C)(i) 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 infla-
tion under section 218 of the U.S.-RMI 
Compact. 
(ii) There is hereby authorized and 
appropriated to the Secretary of the Inte-
rior, out of any funds in the Treasury not 
otherwise appropriated, to remain avail-
able until expended, for each fiscal year 
from 2004 through 2023, $1,300,000, as ad-
justed for inflation under section 218 of
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the U.S.-RMI Compact, to carry out the 
planting and agricultural maintenance 
program. 
(3) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that payments under this sub-
section shall be provided to such extent 
or in such amounts as are necessary for 
services and other assistance provided 
pursuant to this subsection. It is the 
sense of Congress that after the periods 
of time specified in paragraphs (1) and 
(2) of this subsection, consideration will 
be given to such additional funding for 
these programs as may be necessary. 
(h) RONGELAP.—
(1) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that because Rongelap was di-
rectly affected by fallout from a 1954 
United States thermonuclear test and be-
cause the Rongelap people remain uncon-
vinced that it is safe to continue to live 
on Rongelap Island, it is the intent of 
Congress to take such steps (if any) as
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may be necessary to overcome the effects 
of such fallout on the habitability of 
Rongelap Island, and to restore Rongelap 
Island, if necessary, so that it can be safe-
ly inhabited. Accordingly, it is the expec-
tation of the Congress that the Govern-
ment of the Marshall Islands shall use 
such portion of the funds specified in Ar-
ticle II, section 1(e) of the subsidiary 
agreement for the implementation of sec-
tion 177 of the Compact as are necessary 
for the purpose of contracting with a 
qualified scientist or group of scientists 
to review the data collected by the De-
partment of Energy relating to radiation 
levels and other conditions on Rongelap 
Island resulting from the thermonuclear 
test. It is the expectation of the Congress 
that the Government of the Marshall Is-
lands, after consultation with the people 
of Rongelap, shall select the party to re-
view such data, and shall contract for 
such review and for submission of a re-
port to the President of the United States
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and the Congress as to the results there-
of. 
(2) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that the purpose of the review 
referred to in paragraph (1) of this sub-
section 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 Radi-
ation for Those Atolls in the Northern 
Part of the Marshall Islands That Were 
Surveyed in 1978’’, dated November 1982, 
are adequate and whether such conclu-
sions are fully supported by the data. If 
the party reviewing the data concludes 
that such conclusions as to habitability 
are fully supported by adequate data, the 
report to the President of the United 
States and the Congress shall so state. If 
the party reviewing the data concludes 
that the data are inadequate to support 
such conclusions as to habitability or 
that such conclusions as to habitability
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are not fully supported by the data, the 
Government of the Marshall Islands shall 
contract with an appropriate scientist or 
group of scientists to undertake a com-
plete survey of radiation and other ef-
fects of the nuclear testing program relat-
ing to the habitability of Rongelap Island. 
Such sums as are necessary for such sur-
vey and report concerning the results 
thereof and as to steps needed to restore 
the habitability of Rongelap Island are 
authorized to be made available to the 
Government of the Marshall Islands. 
(3) In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that it is the intent of Congress 
that such steps (if any) as are necessary 
to restore the habitability of Rongelap Is-
land and return the Rongelap people to 
their homeland will be taken by the 
United States in consultation with the 
Government of the Marshall Islands and, 
in accordance with its authority under 
the Constitution of the Marshall Islands, 
the Rongelap local government council.
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(i) 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 section 1(a) of Article II of the Agree-
ment for the Implementation of Section 
177 of the Compact (hereafter in this sub-
section referred to as the ‘‘Section 177 
Agreement’’) shall be only for services to 
the 
people 
of 
the 
Atolls 
of 
Bikini, 
Enewetak, Rongelap, and Utrik who were 
affected by the consequences of the 
United States nuclear testing program, 
pursuant to the program described in 
Public Law 95–134 (91 Stat. 1159) and 
Public Law 96–205 (94 Stat. 84) and their 
descendants (and any other persons iden-
tified as having been so affected if such 
identification occurs in the manner de-
scribed in such public laws). Nothing in 
this subsection shall be construed as 
prejudicial to the views or policies of the 
Government of the Marshall Islands as to
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the persons affected by the consequences 
of the United States nuclear testing pro-
gram. 
(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 re-
turn to the Government of the Marshall 
Islands any unexpended funds to be re-
turned 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 re-
tain the funds returned by the Govern-
ment of the Marshall Islands pursuant to 
paragraph (2) of this subsection, shall in-
vest 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
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thereof annual disbursements sufficient 
to continue to make payments for the 
provision of health services as specified 
in paragraph (1) of this subsection to 
such extent as may be provided in con-
tracts between the Government of the 
Marshall Islands and appropriate United 
States providers of such health services. 
(j) ENJEBI COMMUNITY TRUST FUND.—In the 
joint resolution of January 14, 1986 (Public 
Law 99–239) Congress provided that notwith-
standing any other provision of law, the Sec-
retary 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 imple-
mentation of Section 177 of the Compact, to 
be known as the ‘‘Enjebi Community Trust 
Fund’’ (hereafter in this subsection referred 
to as the ‘‘Fund’’), and shall credit to the Fund 
the amount of $7,500,000. Such amount, which 
shall be ex gratia, shall be in addition to and 
not charged against any other funds provided 
for in the Compact and its subsidiary agree-
ments, this joint resolution, or any other Act.
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Upon receipt by the President of the United 
States of the agreement described in this sub-
section, the Secretary of the Treasury, upon 
request of the Government of the Marshall Is-
lands, shall transfer the Fund to the Govern-
ment 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 (Pub-
lic Law 99–239) Congress provided that 
the Government of the Marshall Islands 
and the Enewetak Local Government 
Council, in consultation with the people 
of Enjebi, shall provide for the creation 
of the Enjebi Community Trust Fund and 
the employment of the manager of the 
Enewetak Fund established pursuant to 
the Section 177 Agreement as trustee and 
manager of the Enjebi Community Trust 
Fund, or, should the manager of the 
Enewetak Fund not be acceptable to the 
people of Enjebi, another United States 
investment manager with substantial ex-
perience in the administration of trusts
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and with funds under management in ex-
cess of 250 million dollars. 
(2) MONITOR CONDITIONS.—In the joint 
resolution of January 14, 1986 (Public 
Law 99–239) Congress provided that upon 
the request of the Government of the 
Marshall Islands, the United States shall 
monitor the radiation and other condi-
tions on Enjebi and within one year of re-
ceiving such a request shall report to the 
Government 
of 
the 
Marshall 
Islands 
when the people of Enjebi may resettle 
Enjebi under circumstances where the 
radioactive contamination at Enjebi, in-
cluding contamination derived from con-
sumption of locally grown food products, 
can be reduced or otherwise controlled to 
meet whole body Federal radiation pro-
tection standards for the general popu-
lation, including mean annual dose and 
mean 30-year cumulative dose standards. 
(3) RESETTLEMENT OF ENJEBI.—In the 
joint resolution of January 14, 1986 (Pub-
lic Law 99–239) Congress provided that in 
the event that the United States deter-
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mines that the people of Enjebi can with-
in 25 years of January 14, 1986, resettle 
Enjebi under the conditions set forth in 
paragraph (2) of this subsection, then 
upon such determination there shall be 
available to the people of Enjebi from the 
Fund such amounts as are necessary for 
the people of Enjebi to do the following, 
in accordance with a plan developed by 
the Enewetak Local Government Council 
and the people of Enjebi, and concurred 
with by the Government of the Marshall 
Islands to assure consistency with the 
government’s overall economic develop-
ment plan: 
(A) Establish a community on 
Enjebi Island for the use of the peo-
ple of Enjebi. 
(B) Replant Enjebi with appro-
priate food-bearing and other vegeta-
tion. 
(4) RESETTLEMENT
OF
OTHER
LOCA-
TION.—In the joint resolution of January 
14, 1986 (Public Law 99–239) Congress 
provided that in the event that the
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United States determines that within 25 
years of January 14, 1986, the people of 
Enjebi cannot resettle Enjebi without ex-
ceeding the radiation standards set forth 
in paragraph (2) of this subsection, then 
the fund manager shall be directed by 
the trust instrument to distribute the 
Fund to the people of Enjebi for their re-
settlement 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 Marshall Is-
lands, to assure consistency with the gov-
ernment’s overall economic development 
plan. 
(5) INTEREST FROM FUND.—In the joint 
resolution of January 14, 1986 (Public 
Law 99–239) Congress provided that prior 
to and during the distribution of the cor-
pus of the Fund pursuant to paragraphs 
(3) and (4) of this subsection, the people 
of Enjebi may, if they so request, receive 
the interest earned by the Fund on no 
less frequent a basis than quarterly.
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(6) DISCLAIMER
OF
LIABILITY.—In the 
joint resolution of January 14, 1986 (Pub-
lic Law 99–239) Congress provided that 
neither under the laws of the Marshall Is-
lands nor under the laws of the United 
States, shall the Government of the 
United States be liable for any loss or 
damage to person or property in respect 
to the resettlement of Enjebi by the peo-
ple of Enjebi, pursuant to the provision 
of this subsection or otherwise. 
(k) BIKINI ATOLL CLEANUP.—
(1) DECLARATION
OF
POLICY.—In the 
joint resolution of January 14, 1986 (Pub-
lic 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, ren-
dered Bikini Atoll unsafe for habitation 
by the people of Bikini, the United States 
will fulfill its responsibility for restoring 
Bikini Atoll to habitability, as set forth in 
paragraph (2) and (3) of this subsection.
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(2) CLEANUP FUNDS.—The joint resolu-
tion of January 14, 1986 (Public Law 99–
239) authorized to be appropriated such 
sums as necessary to implement the set-
tlement 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 resolution of January 14, 1986 (Pub-
lic Law 99–239) the Congress provided 
that the funds referred to in paragraph 
(2) were to be made available pursuant to 
Article VI, Section 1 of the Compact Sec-
tion 177 Agreement upon completion of 
the events set forth in the settlement 
agreement referred to in paragraph (2) of 
this subsection. 
(l) AGREEMENT
ON
AUDITS.—The Comp-
troller General (and his duly authorized rep-
resentatives) shall have the authorities nec-
essary 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
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the U.S.-RMI Compact, including the fol-
lowing authorities: 
(1) GENERAL AUTHORITY OF THE COMP-
TROLLER GENERAL TO AUDIT.—
(A) The Comptroller General of 
the United States (and his duly au-
thorized representatives) shall have 
the authority to audit—
(i) all grants, program assist-
ance, and other assistance pro-
vided 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 pro-
vided by the Government of the 
United States to the Government 
of the Republic of the Marshall Is-
lands. 
Such authority shall include author-
ity for the Comptroller General to 
conduct or cause to be conducted any 
of the audits provided for in section 
232 of the U.S.-RMI Compact. The au-
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thority provided in this paragraph 
shall continue for at least three years 
after the last such grant has been 
made or assistance has been pro-
vided. 
(B) The Comptroller General (and 
his duly authorized representatives) 
shall also have authority to review 
any audit conducted by or on behalf 
of the Government of the United 
States. In this connection, the Comp-
troller General shall have access to 
such personnel and to such records, 
documents, working papers, auto-
mated data and files, and other infor-
mation 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, auto-
mated data and files, and other infor-
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mation relevant to such audits. The 
Comptroller General may duplicate 
any such records, documents, work-
ing papers, automated data and files, 
or other information relevant to such 
audits. 
(B) 
Such 
records, 
documents, 
working papers, automated data and 
files, and other information regarding 
each such grant or other assistance 
shall be maintained for at least three 
years after the date such grant or as-
sistance was provided and in a man-
ner that permits such grants, assist-
ance and payments to be accounted 
for distinct from any other funds of 
the Government of the Republic of 
the Marshall Islands. 
(3) STATUS OF COMPTROLLER GENERAL 
REPRESENTATIVES.—The Comptroller Gen-
eral and his duly authorized representa-
tives shall be immune from civil and 
criminal process relating to words spo-
ken or written and all acts performed by 
them in their official capacity and falling
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within their functions, except insofar as 
such immunity may be expressly waived 
by the Government of the United States. 
The Comptroller General and his duly au-
thorized representatives shall not be lia-
ble to arrest or detention pending trial, 
except in the case of a grave crime and 
pursuant to a decision by a competent ju-
dicial authority, and such persons shall 
enjoy immunity from seizure of personal 
property, immigration restrictions, and 
laws 
relating 
to 
alien 
registration, 
fingerprinting, and the registration of 
foreign agents. Such persons shall enjoy 
the same taxation exemptions as are set 
forth in Article 34 of the Vienna Conven-
tion on Diplomatic Relations. The privi-
leges, exemptions and immunities ac-
corded under this paragraph are not for 
the personal benefit of the individuals 
concerned but are to safeguard the inde-
pendent exercise of their official func-
tions. Without prejudice to those privi-
leges, exemptions and immunities, it is 
the duty of all such persons to respect
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the laws and regulations of the Govern-
ment of the Republic of the Marshall Is-
lands. 
(4) AUDITS DEFINED.—As used in this 
subsection, the term ‘‘audits’’ includes fi-
nancial, program, and management au-
dits, including determining—
(A) whether the Government of 
the Republic of the Marshall Islands 
has met the requirements set forth in 
the U.S.-RMI Compact, or any related 
agreement entered into under the 
U.S.-RMI Compact, regarding the pur-
poses for which such grants and 
other assistance are to be used; and 
(B) the propriety of the financial 
transactions of the Government of the 
Republic of the Marshall Islands pur-
suant to such grants or assistance. 
(5) COOPERATION BY THE REPUBLIC OF 
THE MARSHALL ISLANDS.—The Government 
of the Republic of the Marshall Islands 
will cooperate fully with the Comptroller 
General of the United States in the con-
duct of such audits as the Comptroller
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General determines necessary to enable 
the Comptroller General to fully dis-
charge his responsibilities under this 
joint resolution. 
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, the 
Congress notes the conclusion in the State-
ment of Intent of the Report of The Future Po-
litical Status Commission of the Congress of 
Micronesia in July, 1969, that ‘‘our rec-
ommendation of a free associated state is in-
dissolubly 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 Is-
lands. The Congress also notes and specifi-
cally 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 Com-
307
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pact are founded upon respect for human 
rights and fundamental freedoms for all. The 
Secretary of State shall include in the annual 
reports on the status of internationally recog-
nized human rights in foreign countries, 
which are submitted to the Congress pursu-
ant to sections 116 and 502B of the Foreign As-
sistance 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 
Republic of the Marshall Islands. 
(b) IMMIGRATION AND PASSPORT SECURITY.—
(1) NATURALIZED CITIZENS.—The rights 
of a bona fide naturalized citizen of the 
Federated States of Micronesia or the Re-
public of the Marshall Islands to enter 
the United States, to lawfully engage 
therein in occupations, and to establish 
residence therein as a nonimmigrant, to 
the extent such rights are provided 
under section 141 of the U.S.-FSM Com-
pact and U.S.-RMI Compact, shall not be 
deemed to extend to any such naturalized 
citizen 
with 
respect 
to 
whom 
cir-
308
•HJ 63 RH 
cumstances associated with the acquisi-
tion of the status of a naturalized citizen 
are such as to allow a reasonable infer-
ence, on the part of appropriate officials 
of the United States and subject to 
United States procedural requirements, 
that such naturalized status was ac-
quired primarily in order to obtain such 
rights. 
(2) PASSPORTS.—It is the intent of 
Congress that up to $250,000 of the grant 
assistance provided to the Federated 
States of Micronesia pursuant to section 
211(a)(4) of the U.S.-FSM Compact, and 
up to $250,000 of the grant assistance pro-
vided to the Republic of the Marshall Is-
lands pursuant to section 211(a)(4) of the 
U.S.-RMI Compact (or a greater amount 
of the section 211(a)(4) grant, if mutually 
agreed between the Government of the 
United States and the government of the 
Federated States of Micronesia or the 
government of the Republic of the Mar-
shall Islands), be used for the purpose of 
increasing the machine-readability and
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security of passports issued by such juris-
dictions. It is the intent of Congress that 
funds be obligated by September 30, 2004 
and in the amount and manner specified 
by the Secretary of State in consultation 
with the Secretary of Homeland Security 
and, respectively, with the government of 
the Federated States of Micronesia and 
the government of the Republic of the 
Marshall Islands. The United States Gov-
ernment is authorized to require that 
passports used for the purpose of seeking 
admission under section 141 of the U.S.-
FSM Compact and the U.S.-RMI Compact 
contain the security enhancements fund-
ed by such assistance. 
(3) INFORMATION-SHARING.—It is the in-
tent of Congress that the governments of 
the Federated States of Micronesia and 
the Republic of the Marshall Islands de-
velop, prior to October 1, 2004, the capa-
bility to provide reliable and timely infor-
mation as may reasonably be required by 
the Government of the United States in 
enforcing criminal and security-related
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grounds of inadmissibility and deport-
ability under the Immigration and Na-
tionality Act, as amended, and shall pro-
vide such information to the Government 
of the United States. 
(4) TRANSITION; CONSTRUCTION OF SEC-
TIONS 141(A)(3) AND 141(A)(4) OF THE U.S.-FSM 
COMPACT
AND
U.S.-RMI
COMPACT.—The 
words ‘‘the effective date of this Compact, 
as amended’’ in sections 141(a)(3) and 
141(a)(4) of the U.S.-FSM Compact and 
the U.S.-RMI Compact shall be construed 
to read, ‘‘on the day prior to the enact-
ment by the United States Congress of 
the Amended Compact Act.’’. 
(c) NONALIENATION
OF LANDS.—The Con-
gress endorses and encourages the mainte-
nance of the policies of the Government of the 
Federated States of Micronesia and the Gov-
ernment of the Republic of the Marshall Is-
lands to regulate, in accordance with their 
Constitutions and laws, the alienation of per-
manent interests in real property so as to re-
strict the acquisition of such interests to per-
sons of Federated States of Micronesia citi-
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zenship and the Republic of the Marshall Is-
lands citizenship, respectively.
(d) NUCLEAR WASTE DISPOSAL.—In approv-
ing the U.S.-FSM Compact and the U.S.-RMI 
Compact, the Congress understands that the 
Government of the Federated States of Micro-
nesia 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 Is-
lands or in the Federated States of Micro-
nesia, any of the activities specified in sub-
section (a) of section 314 of the U.S.-FSM Com-
pact and the U.S.-RMI Compact.
(e) IMPACT
OF COMPACTS
ON GUAM, THE 
STATE OF HAWAII, THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS, AND AMERICAN 
SAMOA; RELATED
AUTHORIZATION
AND
CON-
TINUING APPROPRIATION.—
(1) RECONCILIATION OF UNREIMBURSED 
IMPACT EXPENSES.—
(A) IN GENERAL.—Notwithstanding 
any other provision of law, the Presi-
dent, to address previously accrued 
and unreimbursed impact expenses,
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may at the request of the Governor of 
Guam or the Governor of the Com-
monwealth of the Northern Mariana 
Islands, reduce, release, or waive all 
or part of any amounts owed by the 
Government of Guam or the Govern-
ment of the Commonwealth of the 
Northern Mariana Islands (or either 
government’s autonomous agencies or 
instrumentalities), 
respectively, 
to 
any department, agency, independent 
agency, office, or instrumentality of 
the United States. 
(B) TERMS AND CONDITIONS.—
(i) SUBSTANTIATION
OF
IMPACT 
COSTS.—Not later than 120 days 
after the date of the enactment of 
this resolution, the Governor of 
Guam and the Governor of the 
Commonwealth of the Northern 
Mariana Islands shall each submit 
to the Secretary of the Interior a 
report, prepared in consultation 
with an independent accounting 
firm, 
substantiating 
unreim-
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bursed impact expenses claimed 
for the period from January 14, 
1986, through September 30, 2003. 
Upon request of the Secretary of 
the Interior, the Governor of 
Guam and the Governor of the 
Commonwealth of the Northern 
Mariana Islands shall each submit 
to the Secretary of the Interior 
copies of all documents upon 
which the report submitted by 
that Governor under this clause 
was based. 
(ii) CONGRESSIONAL
NOTIFICA-
TION.—The President shall notify 
Congress of his intent to exercise 
the authority granted in subpara-
graph (A). 
(iii) 
CONGRESSIONAL
REVIEW 
AND COMMENT.—Any reduction, re-
lease, or waiver under this Act 
shall not take effect until 60 days 
after the President notifies Con-
gress of his intent to approve a 
request of the Governor of Guam
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or the Governor of the Common-
wealth of the Northern Mariana 
Islands. In exercising his author-
ity under this section and in de-
termining whether to give final 
approval to a request, the Presi-
dent shall take into consideration 
comments he may receive after 
Congressional review. 
(iv) EXPIRATION.—The author-
ity granted in subparagraph (A) 
shall expire on February 28, 2005. 
(2) STATEMENT
OF
CONGRESSIONAL
IN-
TENT.—In approving the Compacts, it is 
not the intent of the Congress to cause 
any adverse consequences for Guam, the 
State of Hawaii, the Commonwealth of 
the Northern Mariana Islands, and Amer-
ican Samoa. 
(3) ANNUAL REPORTS AND RECOMMENDA-
TIONS.—One year after the date of enact-
ment of this joint resolution, and at one 
year intervals thereafter, the Governors 
of Guam, the State of Hawaii, the Com-
monwealth of the Northern Mariana Is-
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lands, and American Samoa may provide 
to the Secretary of the Interior by Feb-
ruary 1 of each year their comments with 
respect to the impacts of the Compacts 
on their respective jurisdiction. The Sec-
retary of the Interior, upon receipt of any 
such comments, shall report to the Con-
gress not later than May 1 of each year to 
include the following: 
(A) The Governor’s comments on 
the impacts of the Compacts as well 
as the Administration’s analysis of 
such impact. 
(B) Any adverse consequences re-
sulting from the Compacts and rec-
ommendations for corrective action 
to eliminate those consequences. 
(C) Matters relating to trade, tax-
ation, immigration, labor laws, min-
imum wages, health, educational, so-
cial, and public safety services and 
infrastructure, 
and 
environmental 
regulation. 
(D) With regard to immigration, 
statistics concerning the number of
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persons availing themselves of the 
rights described in section 141(a) of 
the Compact during the year covered 
by each report. 
(E) With regard to trade, the re-
ports shall include an analysis of the 
impact on the economy of American 
Samoa resulting from imports of 
canned tuna into the United States 
from the Federated States of Micro-
nesia, and the Republic of the Mar-
shall Islands. 
(4) COMMITMENT OF CONGRESS TO RE-
DRESS ADVERSE CONSEQUENCES.—The Con-
gress hereby declares that, if any adverse 
consequences to Guam, the State of Ha-
waii, the Commonwealth of the Northern 
Mariana Islands, or American Samoa re-
sult from implementation of the Com-
pacts, the Congress will act sympa-
thetically and expeditiously to redress 
those adverse consequences. 
(5) QUALIFIED NONIMMIGRANT.—For the 
purposes of this section, the term ‘‘quali-
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fied nonimmigrant’’ means person admit-
ted to the United States pursuant to: 
(A) section 141 of the Compact of 
Free Association between the United 
States and the Government of the 
Federated States of Micronesia set 
forth in Title I; 
(B) section 141 of the Compact of 
Free Association between the United 
States and the Government of the Re-
public of the Marshall Islands set 
forth in Title I; or 
(C) section 141 of the Compact of 
Free Association between the United 
States and the Government of the Re-
public of Palau. 
(6) AUTHORIZATION AND CONTINUING AP-
PROPRIATION.—There are hereby author-
ized and appropriated to the Secretary of 
the Interior, for each fiscal year begin-
ning after September 30, 2003 through 
2023, $30,000,000 for grants to the govern-
ments of Guam, the State of Hawaii, the 
Commonwealth of the Northern Mariana 
Islands, and American Samoa as a result
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•HJ 63 RH 
of increased demands placed on edu-
cational, social, or public safety services 
or infrastructure related to such services 
due to the presence in Guam, the State of 
Hawaii, the Commonwealth of the North-
ern Mariana Islands, or American Samoa 
of qualified nonimmigrants from the Fed-
erated States of Micronesia, the Republic 
of the Marshall Islands, or the Republic 
of Palau. 
(A) AWARDING.—The grants shall 
be—
(i) awarded and administered 
by the Department of the Interior, 
Office of Insular Affairs, or any 
successor thereto, in accordance 
with 
regulations, 
policies 
and 
procedures applicable to grants 
so awarded and administered; 
and 
(ii) used only for health, edu-
cational, social, or public safety 
services, or infrastructure related 
to such services, specifically af-
319
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fected 
by 
qualified 
non-
immigrants. 
(B) ENUMERATION.—For purposes 
of carrying out this section, the Sec-
retary of the Interior shall provide 
for a periodic census of qualified non-
immigrants in Guam, the State of Ha-
waii, 
the 
Commonwealth 
of 
the 
Northern Mariana Islands, and Amer-
ican Samoa. The enumeration—
(i) shall be provided by the 
Secretary of the Interior begin-
ning in fiscal year 2004 and there-
after in calendar years 2005, 2010, 
2015, and 2020; 
(ii) shall be supervised by the 
United States Bureau of the Cen-
sus and any other supporting or-
ganization(s) as the Secretary of 
the Interior may select; and 
(iii) after fiscal year 2003, 
shall be funded by the Secretary 
of the Interior by deducting such 
sums as are necessary from funds 
appropriated pursuant to the au-
320
•HJ 63 RH 
thorization contained in para-
graph (6) of this subsection. 
(C) ALLOCATION.—The Secretary of 
the Interior shall allocate to each of 
the governments of Guam, the State 
of Hawaii, the Commonwealth of the 
Northern Mariana Islands, and Amer-
ican Samoa, on the basis of the re-
sults of the most recent enumeration, 
grants in an aggregate amount equal 
to the total amount of funds appro-
priated under paragraph (6) of this 
subsection, as reduced by any deduc-
tions authorized by subparagraph 
(iii) of subparagraph (B) of paragraph 
(6) of this subsection, multiplied by a 
ratio derived by dividing the number 
of qualified nonimmigrants in such 
affected jurisdiction by the total num-
ber of qualified nonimmigrants in the 
governments of Guam, the Common-
wealth of the Northern Mariana Is-
lands, and American Samoa. 
(7) AUTHORIZATION OF APPROPRIATIONS 
FOR
GRANTS.—There are hereby author-
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•HJ 63 RH 
ized to the Secretary of the Interior for 
each of fiscal years 2004 through 2023 
such sums as may be necessary for grants 
to the governments of Guam, the State of 
Hawaii, the Commonwealth of the North-
ern 
Mariana 
Islands, 
and 
American 
Samoa, as a result of increased demands 
placed on educational, social, or public 
safety services or infrastructure related 
to service due to the presence in Guam, 
Hawaii, the Commonwealth of the North-
ern 
Mariana 
Islands, 
and 
American 
Samoa of qualified nonimmigrants from 
the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the 
Republic of Palau. 
(8) AUTHORIZATION OF APPROPRIATIONS 
FOR THE REIMBURSEMENT OF HEALTH CARE 
SERVICES.—
(A) AUTHORIZATION.—In addition 
to amounts appropriated pursuant to 
the authorization provided in section 
221(b) of Article II of Title Two of the 
U.S.-FSM Compact and the U.S.-RMI 
Compact, there are hereby authorized
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to be appropriated to the Secretary of 
the Interior such sums as may be nec-
essary 
to 
reimburse 
designated 
health care providers for qualifying 
health care costs for medical debt re-
ferral claims for health care services 
furnished before October 1, 2003. 
(B) DESIGNATED HEALTH CARE PRO-
VIDERS.—For purposes of subpara-
graph 
(A), 
the 
term 
‘‘designated 
health care provider’’ means an insti-
tutional provider of health care serv-
ices (such as a public or private hos-
pital) located in Hawaii, Guam, the 
Commonwealth of the Northern Mar-
iana Islands, or American Samoa. 
(C) 
QUALIFYING
HEALTH
CARE 
COSTS.—For 
purposes 
of 
subpara-
graph (A), the term ‘‘qualifying health 
care costs’’ means costs that the Sec-
retary determines are incurred by a 
designated health care provider for 
health care services furnished in Ha-
waii, Guam, the Commonwealth of 
the Northern Mariana Islands, and
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American Samoa (as the case may be) 
to a citizen of the Republic of the 
Marshall 
Islands, 
the 
Federated 
States of Micronesia, or the Republic 
of Palau pursuant to medical referral 
programs in the Federated States of 
Micronesia and the Republic of the 
Marshall Islands. 
(9) USE
OF DOD MEDICAL FACILITIES 
AND NATIONAL HEALTH SERVICE CORPS.—
(A) DOD MEDICAL FACILITIES.—The 
Secretary 
of 
Defense 
shall 
make 
available, on a space available and re-
imbursable basis, the medical facili-
ties of the Department of Defense for 
use by citizens of the Federated 
States of Micronesia, the Republic of 
the Marshall Islands, and the Repub-
lic of Palau who are properly re-
ferred to the facilities by government 
authorities responsible for provision 
of medical services in the Federated 
States of Micronesia, the Republic of 
the Marshall Islands, the Republic of 
Palau and the affected jurisdictions.
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•HJ 63 RH 
(B) 
NATIONAL
HEALTH
SERVICE 
CORPS.—The Secretary of Health and 
Human Services shall continue to 
make the services of the National 
Health Service Corps available to the 
residents of the Federated States of 
Micronesia and the Republic of the 
Marshall Islands to the same extent 
and for so long as such services are 
authorized to be provided to persons 
residing in any other areas within or 
outside the United States. 
(C) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be 
appropriated to carry out this para-
graph such sums as are necessary for 
each fiscal year. 
(f) SENSE OF CONGRESS CONCERNING FUND-
ING
OF
PUBLIC
INFRASTRUCTURE.—It is the 
sense of Congress that—
(1) not less than 30 percent of the 
United States annual grant assistance 
provided under section 211 of the Com-
pact of Free Association, as amended, be-
tween the Government of the United
325
•HJ 63 RH 
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 infra-
structure improvements in accordance 
with the list of specific projects included 
in 
the 
plan 
described 
in 
section 
211(a)(6)(i) and for maintenance in ac-
cordance with section 211(a)(6)(ii); and 
(2) not less than 30 percent of the 
United States annual grant assistance 
provided under section 211 of the Com-
pact 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 used for infrastructure improve-
ment and maintenance in accordance 
with section 211(d). 
(g) FOREIGN LOANS.—The Congress hereby 
reaffirms the United States position that the 
United States Government is not responsible 
for foreign loans or debt obtained by the Gov-
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ernments of the Federated States of Micro-
nesia and the Republic of the Marshall Is-
lands. 
(h) REPORTS AND REVIEWS.—
(1) REPORT
BY
THE
PRESIDENT.—Not 
later than the end of the first full cal-
endar year following enactment of this 
resolution, and not later than December 
31 of each year thereafter, the President 
shall submit a report to Congress regard-
ing the Federated States of Micronesia 
and the Republic of the Marshall Islands. 
The report shall include, at a minimum, 
the following with regard to : 
(A) General social, political, and 
economic conditions, including esti-
mates of economic growth, per capita 
income, and migration rates. 
(B) The use and effectiveness of 
United States financial and program 
assistance. 
(C) The status of economic policy 
reforms in the Federated States of 
Micronesia and the Republic of the 
Marshall Islands.
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•HJ 63 RH 
(D) The status of the efforts by 
the Federated States of Micronesia 
and the Republic of the Marshall Is-
lands to attract foreign investment 
and to increase indigenous business 
activity. 
(E) Recommendations on ways to 
increase the effectiveness of United 
States assistance. 
(2) REVIEW.—During the year of the 
fifth and fifteenth anniversaries of the 
date of enactment of this resolution, the 
Government of the United States and the 
Government of the Federated States of 
Micronesia, and the Government of the 
Republic of the Marshall Islands, shall 
formally review the terms of their respec-
tive Compacts and shall consider the 
overall nature and development of their 
relationship. In these formal reviews, the 
governments shall consider the operating 
requirements of the Government of the 
Federated States of Micronesia and the 
Government of the Republic of the Mar-
shall Islands and their progress in meet-
328
•HJ 63 RH 
ing the development objectives set forth 
in their respective development plans. 
The governments may agree to commit 
themselves to take specific measures in 
response to the findings resulting from 
the reviews. The President shall include 
the findings resulting from the reviews, 
and any recommendations for actions to 
respond to such findings, in the annual 
reports to Congress for the years fol-
lowing the reviews. 
(3) BY
THE
COMPTROLLER
GENERAL.—
Not later than the date that is 3 years 
after the date of enactment of this joint 
resolution, and every 5 years thereafter, 
the Comptroller General of the United 
States shall submit to Congress a report 
on the Federated States of Micronesia 
and the Republic of the Marshall Islands, 
including the topics set forth in para-
graph (1) and the effectiveness of admin-
istrative oversight by the United States. 
(i) CONSTRUCTION OF SECTION 141(f).—Sec-
tion 141(f)(2) of the Compact of Free Associa-
tion between the Government of the United
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•HJ 63 RH 
States of America and the Government of the 
Federated States of Micronesia and of the 
Compact of Free Association between the 
Government of the United States of America 
and the Government of the Republic of the 
Marshall Islands, shall be construed as 
though ‘‘, except that any such regulations 
that would have a significant effect on the ad-
mission, stay and employment privileges pro-
vided under this section shall not become ef-
fective until 90 days after the date of trans-
mission of the regulations to the Committee 
on Energy and Natural Resources and the 
Committee on the Judiciary of the Senate and 
the Committee on Resources, the Committee 
on International Relations, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives’’ was inserted after ‘‘may by regu-
lations prescribe’’. 
SEC. 105. SUPPLEMENTAL PROVISIONS. 
(a) DOMESTIC PROGRAM REQUIREMENTS.—
Except as may otherwise be provided in this 
joint resolution, all United States Federal pro-
grams and services extended to or operated in 
the Federated States of Micronesia or the Re-
330
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public of the Marshall Islands are and shall 
remain subject to all applicable criteria, 
standards, reporting requirements, auditing 
procedures, and other rules and regulations 
applicable to such programs when operating 
in the United States (including its territories 
and commonwealths). 
(b) RELATIONS WITH THE FEDERATED STATES 
OF MICRONESIA AND THE REPUBLIC OF THE MAR-
SHALL ISLANDS.—
(1) Appropriations made pursuant to 
Article I of Title Two and subsection 
(a)(2) of section 221 of Article II of Title 
Two of the U.S.-FSM Compact and the 
U.S.-RMI Compact shall be made to the 
Secretary of the Interior, who shall have 
the authority necessary to fulfill his re-
sponsibilities for monitoring and man-
aging the funds so appropriated con-
sistent with the U.S.-FSM Compact and 
the U.S.-RMI Compact, including the 
agreements 
referred 
to 
in 
section 
462(b)(4) of the U.S.-FSM Compact and 
U.S.-RMI Compact (relating to Fiscal Pro-
cedures) and the agreements referred to
331
•HJ 63 RH 
in section 462(b)(5) of the U.S.-FSM Com-
pact and the U.S.-RMI Compact (regard-
ing the Trust Fund). 
(2) Appropriations made pursuant to 
subsections (a)(1) and (a)(3) through (6) 
of section 221 of Article II of Title Two of 
the U.S.-FSM Compact and subsection 
(a)(1) and (a)(3) through (5) of the U.S.-
RMI Compact shall be made directly to 
the agencies named in those subsections. 
(3) Appropriations for services and 
programs referred to in subsection (b) of 
section 221 of Article II of Title Two of 
the U.S.-FSM Compact or U.S.-RMI Com-
pact and appropriations for services and 
programs referred to in sections 105(f) 
and 108(a) of this joint resolution shall be 
made to the relevant agencies in accord-
ance with the terms of the appropriations 
for such services and programs. 
(4) Federal agencies providing pro-
grams and services to the Federated 
States of Micronesia and the Republic of 
the Marshall Islands shall coordinate 
with the Secretaries of the Interior and
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State regarding provision of such pro-
grams and services. The Secretaries of 
the Interior and State shall consult with 
appropriate officials of the Asian Devel-
opment Bank and with the Secretary of 
the Treasury regarding overall economic 
conditions in the Federated States of Mi-
cronesia and the Republic of the Mar-
shall Islands and regarding the activities 
of other donors of assistance to the Fed-
erated States of Micronesia and the Re-
public of the Marshall Islands. 
(5) United States Government em-
ployees in either the Federated States of 
Micronesia or the Republic of the Mar-
shall Islands are subject to the authority 
of the United States Chief of Mission, in-
cluding as elaborated in section 207 of 
the Foreign Service Act and the Presi-
dent’s Letter of Instruction to the United 
States Chief of Mission and any order or 
directive of the President in effect from 
time to time. 
(6)(A) The President is hereby author-
ized to appoint an Interagency Group on