IIA 
Calendar No. 350
108TH CONGRESS 
1ST SESSION 
H. J. RES. 63
IN THE SENATE OF THE UNITED STATES 
OCTOBER 29, 2003
Received; read twice and placed on the calendar 
JOINT RESOLUTION 
To approve the ‘‘Compact of Free Association, as amended 
between the Government of the United States of America 
and the Government of the Federated States of Micro-
nesia’’, and the ‘‘Compact of Free Association, as amend-
ed between the Government of the United States of 
America and the Government of the Republic of the 
Marshall Islands’’, and otherwise to amend Public Law 
99–239, and to appropriate for the purposes of amended 
Public Law 99–239 for fiscal years ending on or before 
September 30, 2023, and for other purposes.
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Whereas the United States, in accordance with section 231 
of the Compact of Free Association set forth in Title II 
of Public Law 99–239, January 14, 1986, 99 Stat. 1770, 
entered into negotiations with the Governments of the 
Federated States of Micronesia and the Republic of the 
Marshall Islands; and 
Whereas these negotiations, in accordance with section 431 of 
the Compact, resulted in the ‘‘Compact of Free Associa-
tion, as amended between the Government of the United 
States of America and the Government of the Federated 
States of Micronesia’’, and the ‘‘Compact of Free Asso-
ciation, as amended between the Government of the 
United States of America and the Government of the Re-
public of the Marshall Islands’’, which, together with 
their related agreements, were signed by the Government 
of the United States and the Governments of the Fed-
erated States of Micronesia and the Republic of the Mar-
shall Islands on May 14, and April 30, 2003, respec-
tively: Now, therefore, be it
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This joint resolution, together 
with the Table of Contents in subsection (b) of this sec-
tion, may be cited as the ‘‘Compact of Free Association 
Amendments Act of 2003’’.
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(b) TABLE OF CONTENTS.—The table of contents 
for this joint resolution is as follows:
TITLE I—APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COM-
PACT; INTERPRETATION OF, AND UNITED STATES POLICIES 
REGARDING, U.S.-FSM COMPACT AND U.S.-RMI COMPACT; SUP-
PLEMENTAL 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 Subsidiary Agreements or 
Separate Agreements. 
(d) Amendment, Change, or Termination in the U.S.-FSM 
Compact and the U.S.-RMI Compact and Certain Agree-
ments. 
(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 Com-
pact and U.S.-RMI Compact.
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(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 Islands, and Amer-
ican Samoa; Related Authorization and Continuing Appro-
priation. 
(f) Sense of Congress Concerning Funding of Public Infrastruc-
ture. 
(g) Foreign Loans. 
(h) Reports and Reviews. 
(i) Construction of Section 141(F). 
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 Au-
thority. 
(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 Marshall Islands, and the 
Republic of Palau. 
(p) Inflation Adjustment. 
(q) Armed Aervices Vocational Aptitude Battery Testing. 
(r) Establishment of Trust Funds; Expedition of Process. 
Sec. 106. Construction Contract Assistance. 
(a) Assistance to U.S. Firms. 
(b) Authorization of Appropriations. 
Sec. 107. Prohibition. 
Sec. 108. Compensatory Adjustments. 
(a) Additional Programs and Services. 
(b) Further Amounts. 
Sec. 109. Authorization and Continuing Appropriation.
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Sec. 110. Payment of Citizens of the Federated States of Micronesia, the Re-
public of the Marshall Islands, and the Republic of Palau Em-
ployed by the Government of the United States in the Conti-
nental United States.
TITLE II—COMPACTS OF FREE ASSOCIATION WITH THE FED-
ERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE 
MARSHALL ISLANDS 
Sec. 201. Compacts of Free Association, as Amended Between the Government 
of the United States and the Government 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 Gov-
ernment of the United States of America and the Govern-
ment of the Federated States of Micronesia. 
Title One—Governmental Relations 
Article I—Self-Government. 
Article II—Foreign Affairs. 
Article III—Communications. 
Article IV—Immigration. 
Article V—Representation. 
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 Agree-
ments. 
Article IV—Service in Armed Forces of the United States. 
Article V—General Provisions. 
Title Four—General Provisions
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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 Govern-
ment 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. 
Article III—Defense Treaties and International Security Agree-
ments. 
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.
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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 Micronesia and signed by the 
United States and the Government of the Federated 
States of Micronesia and set forth in Title II (section 
201(a)) of this joint resolution, is hereby approved, and 
Congress hereby consents to the subsidiary agreements 
and amended subsidiary agreements listed in section 462 
of the U.S.-FSM Compact. Subject to the provisions of 
this joint resolution, the President is authorized 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.
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(b) REPUBLIC OF THE MARSHALL ISLANDS.—The 
Compact of Free Association, as amended with respect to 
the Republic of the Marshall Islands and signed by the 
United States and the Government of the Republic of the 
Marshall Islands and set forth in Title II (section 201(b)) 
of this joint resolution, is hereby approved, and Congress 
hereby consents to the subsidiary agreements and amend-
ed subsidiary agreements listed in section 462 of the U.S.-
RMI Compact. Subject to the provisions of this joint reso-
lution, the President is authorized 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 Com-
pact. 
(c) REFERENCES TO THE COMPACT, THE U.S.-FSM 
COMPACT, AND THE U.S.-RMI COMPACT; REFERENCES 
TO SUBSIDIARY AGREEMENTS
OR SEPARATE AGREE-
MENTS.—
(1) Any reference in this joint resolution (ex-
cept references in title II) to ‘‘the Compact’’ shall be 
treated as a reference to the Compact of Free Asso-
ciation set forth in title II of Public Law 99–239, 
January 14, 1986 (99 Stat. 1770). Any reference in 
this joint resolution to the ‘‘U.S.-FSM Compact’’ 
shall be treated as a reference to the Compact of 
Free Association, as amended between the Govern-
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ment of the United States of America and the Gov-
ernment of the Federated States of Micronesia and 
set forth in Title II (section 201(a)) of this joint res-
olution. Any reference in this joint resolution to the 
‘‘U.S.-RMI Compact’’ shall be treated as a reference 
to the Compact of Free Association, as amended be-
tween the Government of the United States of 
America and the Government of the Republic of the 
Marshall Islands and set forth in Title II (section 
201(b)) of this joint resolution. 
(2) Any reference to the term ‘‘subsidiary 
agreements’’ or ‘‘separate agreements’’ in this joint 
resolution shall be treated as a reference to agree-
ments listed 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 either the government of the 
Federated States of Micronesia or the government of 
the Republic of the Marshall Islands, or with both 
such governments in accordance with the provisions 
of the U.S.-FSM Compact and the U.S.-RMI Com-
pact. 
(d) AMENDMENT, CHANGE, OR TERMINATION IN THE 
U.S.-FSM COMPACT AND U.S.-RMI COMPACT AND CER-
TAIN AGREEMENTS.—
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(1) Any amendment, change, or termination by 
mutual agreement or by unilateral action of the Gov-
ernment of the United States of all or any part of 
the U.S.-FSM Compact or U.S.-RMI Compact shall 
not enter into force until after Congress has incor-
porated it in an Act of Congress. 
(2) The provisions of paragraph (1) shall 
apply—
(A) to all actions of the Government of the 
United States under the U.S.-FSM Compact or 
U.S.-RMI Compact including, but not limited 
to, actions taken pursuant to sections 431, 441, 
or 442; 
(B) to any amendment, change, or termi-
nation in the Agreement Between the Govern-
ment of the United States and the Government 
of the Federated States of Micronesia Regard-
ing Friendship, Cooperation and Mutual Secu-
rity Concluded Pursuant to Sections 321 and 
323 of the Compact of Free Association re-
ferred to in section 462(a)(2) of the U.S.-FSM 
Compact and the Agreement Between the Gov-
ernment of the United States and the Govern-
ment of the Marshall Islands Regarding Mutual 
Security Concluded Pursuant to Sections 321
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and 323 of the Compact of Free Association re-
ferred to in section 462(a)(5) of the U.S.-RMI 
Compact; 
(C) to any amendment, change, or termi-
nation of the agreements concluded pursuant to 
Compact section 177, and section 215(a) of the 
U.S.-FSM Compact and section 216(a) of the 
U.S.-RMI Compact, the terms of which are in-
corporated by reference into the U.S.-FSM 
Compact and the U.S.-RMI Compact; and 
(D) to the following subsidiary agreements, 
or portions thereof: Articles III, IV and X of 
the agreement referred to in section 462(b)(6) 
of the U.S.-RMI Compact: 
(i) Article III and IV of the agree-
ment referred to in section 462(b)(6) of 
the U.S.-FSM Compact. 
(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. 
(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 resolu-
tion, the Agreement Concluded Pursuant to Section 234
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of the Compact of Free Association and referred to in sec-
tion 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 re-
quired for the effectiveness of any actions taken by the 
United States in conjunction with either the Federated 
States of Micronesia or the Republic of the Marshall Is-
lands which are intended to affect the implementation, 
modification, suspension, or termination of such sub-
sidiary agreement (or any provision thereof) as regards 
the mutual responsibilities of the United States and the 
party in conjunction with whom the actions are taken. 
(f) ENTRY INTO FORCE OF FUTURE AMENDMENTS 
TO SUBSIDIARY AGREEMENTS.—No agreement between 
the United States and the government of either the Fed-
erated States of Micronesia or the Republic of the Mar-
shall Islands which would amend, change, or terminate 
any subsidiary agreement or portion thereof, other than 
those set forth is subsection (d) of this section shall enter 
into force until after the President has transmitted such 
agreement to the President of the Senate and the Speaker 
of the House of Representatives together with an expla-
nation of the agreement and the reasons therefor. In the
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case of the agreement referred to in section 462(b)(3) of 
the U.S.-FSM Compact and the U.S.-RMI Compact, such 
transmittal shall include a specific statement by the Sec-
retary of Labor as to the necessity of such amendment, 
change, or termination, and the impact thereof. 
SEC. 102. AGREEMENTS WITH FEDERATED STATES OF MI-
CRONESIA. 
(a) LAW ENFORCEMENT ASSISTANCE.—Pursuant to 
sections 222 and 224 of the U.S.-FSM Compact, the 
United States shall provide nonreimbursable technical and 
training assistance as appropriate, including training and 
equipment for postal inspection of illicit drugs and other 
contraband, to enable the Government of the Federated 
States of Micronesia to develop and adequately enforce 
laws of the Federated States of Micronesia and to cooper-
ate with the United States in the enforcement of criminal 
laws of the United States. Funds appropriated pursuant 
to section 105(j) of this title may be used to reimburse 
State or local agencies providing such assistance. 
(b) AGREEMENT ON AUDITS.—The Comptroller Gen-
eral (and his duly authorized representatives) shall have 
the authorities necessary to carry out his responsibilities 
under section 232 of the U.S.-FSM Compact and the 
agreement referred to in section 462(b)(4) of the U.S.-
FSM Compact, including the following authorities:
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(1) GENERAL
AUTHORITY
OF
THE
COMP-
TROLLER GENERAL TO AUDIT.—
(A) The Comptroller General of the United 
States (and his duly authorized representatives) 
shall have the authority to audit—
(i) all grants, program assistance, and 
other assistance provided to the Govern-
ment of the Federated States of Micro-
nesia under Articles I and II of Title Two 
of the U.S.-FSM Compact; and 
(ii) any other assistance provided by 
the Government of the United States to 
the Government of the Federated States of 
Micronesia. 
Such authority shall include authority for the 
Comptroller General to conduct or cause to be 
conducted any of the audits provided for in sec-
tion 232 of the U.S.-FSM Compact. The au-
thority provided in this paragraph shall con-
tinue for at least ten years after the last such 
grant has been made or assistance has been 
provided. 
(B) The Comptroller General (and his duly 
authorized representatives) shall also have au-
thority to review any audit conducted by or on
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behalf of the Government of the United States. 
In this connection, the Comptroller General 
shall have access to such personnel and to such 
records, documents, working papers, automated 
data and files, and other information relevant 
to such review. 
(2) 
COMPTROLLER
GENERAL
ACCESS
TO 
RECORDS.—
(A) In carrying out paragraph (1), the 
Comptroller General (and his duly authorized 
representatives) shall have such access to the 
personnel and (without cost) to records, docu-
ments, working papers, automated data and 
files, and other information relevant to such au-
dits. The Comptroller General may duplicate 
any such records, documents, working papers, 
automated data and files, or other information 
relevant to such audits. 
(B) Such records, documents, working pa-
pers, automated data and files, and other infor-
mation regarding each such grant or other as-
sistance shall be maintained for at least ten 
years after the date such grant or assistance 
was provided and in a manner that permits 
such grants, assistance, and payments to be ac-
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counted for distinct from any other funds of the 
Government of the Federated States of Micro-
nesia. 
(3) STATUS OF COMPTROLLER GENERAL REP-
RESENTATIVES.—The Comptroller General and his 
duly authorized representatives shall be immune 
from civil and criminal process relating to words 
spoken or written and all acts performed by them in 
their official capacity and falling within their func-
tions, except insofar as such immunity may be ex-
pressly waived by the Government of the United 
States. The Comptroller General and his duly au-
thorized representatives shall not be liable to arrest 
or detention pending trial, except in the case of a 
grave crime and pursuant to a decision by a com-
petent judicial authority, and such persons shall 
enjoy immunity from seizure of personal property, 
immigration restrictions, and laws relating to alien 
registration, fingerprinting, and the registration of 
foreign agents. Such persons shall enjoy the same 
taxation exemptions as are set forth in Article 34 of 
the Vienna Convention on Diplomatic Relations. The 
privileges, exemptions and immunities accorded 
under this paragraph are not for the personal ben-
efit of the individuals concerned but are to safeguard
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the independent exercise of their official functions. 
Without prejudice to those privileges, exemptions 
and immunities, it is the duty of all such persons to 
respect the laws and regulations of the Government 
of the Federated States of Micronesia. 
(4) AUDITS DEFINED.—As used in this sub-
section, the term ‘‘audits’’ includes financial, pro-
gram, and management audits, including deter-
mining—
(A) whether the Government of the Fed-
erated States of Micronesia has met the re-
quirements set forth in the U.S.-FSM Compact, 
or any related agreement entered into under the 
U.S.-FSM Compact, regarding the purposes for 
which such grants and other assistance are to 
be used; and 
(B) the propriety of the financial trans-
actions of the Government of the Federated 
States of Micronesia pursuant to such grants or 
assistance. 
(5) COOPERATION BY FEDERATED STATES OF 
MICRONESIA.—The Government of the Federated 
States of Micronesia will cooperate fully with the 
Comptroller General of the United States in the con-
duct of such audits as the Comptroller General de-
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termines necessary to enable the Comptroller Gen-
eral to fully discharge his responsibilities under this 
joint resolution. 
SEC. 103. AGREEMENTS WITH AND OTHER PROVISIONS RE-
LATED TO THE REPUBLIC OF THE MARSHALL 
ISLANDS. 
(a) LAW ENFORCEMENT ASSISTANCE.—Pursuant to 
sections 222 and 224 of the U.S.-RMI Compact, the 
United States shall provide non-reimbursable technical 
and training assistance as appropriate, including training 
and equipment for postal inspection of illicit drugs and 
other contraband, to enable the Government of the Mar-
shall Islands to develop and adequately enforce laws of the 
Marshall Islands and to cooperate with the United States 
in the enforcement of criminal laws of the United States. 
Funds appropriated pursuant to section 105(j) of this title 
may be used to reimburse State or local agencies providing 
such assistance. 
(b) EJIT.—
(1) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that the 
President of the United States shall negotiate with 
the Government of the Marshall Islands an agree-
ment whereby, without prejudice as to any claims 
which have been or may be asserted by any party as
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to rightful title and ownership of any lands on Ejit, 
the Government of the Marshall Islands shall assure 
that lands on Ejit used as of January 1, 1985, by 
the people of Bikini, will continue to be available 
without charge for their use, until such time as Bi-
kini is restored and inhabitable and the continued 
use of Ejit is no longer necessary, unless a Marshall 
Islands court of competent jurisdiction finally deter-
mines that there are legal impediments to continued 
use of Ejit by the people of Bikini. 
(2) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that if the 
impediments described in paragraph (1) do arise, 
the United States will cooperate with the Govern-
ment of the Marshall Islands in assisting any person 
adversely affected by such judicial determination to 
remain on Ejit, or in locating suitable and accept-
able alternative lands for such person’s use. 
(3) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that para-
graph (1) shall not be applied in a manner which 
would prevent the Government of the Marshall Is-
lands from acting in accordance with its constitu-
tional processes to resolve title and ownership claims 
with respect to such lands or from taking substitute
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or additional measures to meet the needs of the peo-
ple of Bikini with their democratically expressed con-
sent and approval. 
(c) KWAJALEIN.—
(1) It is the policy of the United States that 
payment of funds by the Government of the Mar-
shall Islands to the landowners of Kwajalein Atoll in 
accordance with the land use agreement dated Octo-
ber 19, 1982, or as amended or superceded, and any 
related allocation agreements, is required in order to 
ensure that the Government of the United States 
will be able to fulfill its obligation and responsibil-
ities under Title Three of the Compact and the sub-
sidiary agreements concluded pursuant to the Com-
pact. 
(2)(A) If the Government of the Marshall Is-
lands fails to make payments in accordance with 
paragraph (1), the Government of the United States 
shall initiate procedures under section 313 of the 
Compact and consult with the Government of the 
Marshall Islands with respect to the basis for the 
nonpayment of funds. 
(B) The United States shall expeditiously re-
solve the matter of any nonpayment of funds re-
quired under paragraph (1) pursuant to section 313
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of the Compact and the authority and responsibility 
of the Government of the United States for security 
and defense matters in or relating to the Marshall 
Islands. 
(C) This paragraph shall be enforced in accord-
ance with section 105(f)(2). 
(3) Until such time as the Government of the 
Marshall Islands and the landowners of Kwajalein 
Atoll have concluded 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 Republic 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-
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actment of this resolution, the President shall report 
to Congress on the intentions of the United States 
with respect to the 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 fur-
therance of the purposes of Article I of the Sub-
sidiary Agreement for Implementation of Section 
177 of the Compact, the payment of the amount 
specified therein shall be made by the United States 
under Article I of the Agreement between the Gov-
ernment of the United States and the Government 
of the Marshall Islands for the Implementation of 
section 177 of the Compact (hereafter in this sub-
section referred to as the ‘‘Section 177 Agreement’’) 
only after the Government of the Marshall Islands 
has notified the President of the United States as to 
which investment management firm has been se-
lected by such Government to act as Fund Manager 
under Article I of the Section 177 Agreement. 
(2) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that in the 
event that the President determines that an invest-
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ment management firm selected by the Government 
of the Marshall Islands does not meet the require-
ments specified in Article I of the Section 177 
Agreement, the United States shall invoke the con-
ference and dispute resolution procedures of Article 
II of Title Four of the Compact. Pending the resolu-
tion of such a dispute and until a qualified Fund 
Manager has been designated, the Government of 
the Marshall Islands shall place the funds paid by 
the United States pursuant to Article I of the Sec-
tion 177 Agreement into an interest-bearing escrow 
account. Upon designation of a qualified Fund Man-
ager, all funds in the escrow account shall be trans-
ferred to the control of such Fund Manager for 
management pursuant to the Section 177 Agree-
ment. 
(3) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that if the 
Government of the Marshall Islands determines that 
some other investment firm should act as Fund 
Manager in place of the firm first (or subsequently) 
selected by such Government, the Government of the 
Marshall Islands shall so notify the President of the 
United States, identifying the firm selected by such 
Government to become Fund Manager, and the
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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 Com-
pact, the firm then acting as Fund Manager shall 
transfer to the Government of the Marshall Islands, 
or to such account as such Government shall so no-
tify the Fund Manager, all remaining funds and as-
sets being managed by the Fund Manager under the 
Section 177 Agreement. 
(e) NUCLEAR TEST EFFECTS.—In the joint resolu-
tion of January 14, 1986 (Public Law 99–239) Congress 
provided that in approving the Compact, the Congress un-
derstands and intends that the peoples of Bikini, 
Enewetak, Rongelap, and Utrik, who were affected by the 
United States nuclear weapons testing program in the 
Marshall Islands, will receive the amounts of $75,000,000 
(Bikini); 
$48,750,000 
(Enewetak); 
$37,500,000 
(Rongelap); and $22,500,000 (Utrik), respectively, which 
amounts shall be paid out of proceeds from the fund estab-
lished under Article I, section 1 of the subsidiary agree-
ment 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 claim-
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ants pursuant to Article IV of the subsidiary agreement 
for the implementation of Section 177 of the Compact. 
Nothing in this subsection creates any rights or obliga-
tions 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 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 Govern-
ment of the Marshall Islands for the Implementation 
of Section 177 of the Compact (hereafter in this 
subsection referred to as the ‘‘Section 177 Agree-
ment’’) 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 termi-
nated and barred except insofar as provided for in 
the Section 177 Agreement. 
(2) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that in fur-
therance of the intention of Congress as stated in 
paragraph (1) of this subsection, the Section 177 
Agreement is hereby ratified and approved. It is the
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explicit understanding and intent of Congress that 
the jurisdictional limitations set forth in Article XII 
of such Agreement are enacted solely and exclusively 
to accomplish the objective of Article X of such 
Agreement and only as a clarification of the effect 
of Article X, and are not to be construed or imple-
mented separately from Article X. 
(g) DOE RADIOLOGICAL HEALTH CARE PROGRAM; 
USDA AGRICULTURAL AND FOOD PROGRAMS.—
(1) Notwithstanding any other provision of law, 
upon the request of the Government of the Republic 
of the Marshall Islands, the President (either 
through an appropriate department or agency of the 
United States or by contract with a United States 
firm) shall continue to provide special medical care 
and logistical support thereto for the remaining 
members of the population of Rongelap and Utrik 
who were exposed to radiation resulting from the 
1954 United States thermo-nuclear ‘‘Bravo’’ test, 
pursuant to Public Laws 95–134 and 96–205. 
(2)(A) In the joint resolution of January 14, 
1986 (Public Law 99–239), Congress provided that 
notwithstanding any other provision of law, upon the 
request of the Government of the Marshall Islands, 
for the first fifteen years after the effective date of
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the Compact, the President (either through an ap-
propriate department or agency of the United States 
or by contract with a United States firm or by a 
grant to the Government of the Republic of the Mar-
shall Islands which may further contract only with 
a United States firm or a Republic of the Marshall 
Islands firm, the owners, officers and majority of the 
employees of which are citizens of the United States 
or the Republic of the Marshall Islands) shall pro-
vide technical and other assistance—
(i) without reimbursement, to continue the 
planting and agricultural maintenance program 
on Enewetak, as provided in subparagraph (C); 
(ii) without reimbursement, to continue the 
food programs of the Bikini and Enewetak peo-
ple described in section 1(d) of Article II of the 
Subsidiary Agreement for the Implementation 
of Section 177 of the Compact and for contin-
ued waterborne transportation of agricultural 
products to Enewetak including operations and 
maintenance of the vessel used for such pur-
poses. 
(B) The President shall ensure the assistance 
provided under these programs reflects the changes
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in the population since the inception of such pro-
grams. 
(C)(i) The planting and agricultural mainte-
nance program on Enewetak shall be funded at a 
level of not less than $1,300,000 per year, as ad-
justed for inflation under section 218 of the U.S.-
RMI Compact. 
(ii) There is hereby authorized and appro-
priated to the Secretary of the Interior, out of any 
funds in the Treasury not otherwise appropriated, to 
remain available until expended, for each fiscal year 
from 2004 through 2023, $1,300,000, as adjusted 
for inflation under section 218 of 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 pay-
ments under this subsection shall be provided to 
such extent or in such amounts as are necessary for 
services and other assistance provided pursuant to 
this subsection. It is the sense of Congress that after 
the periods of time specified in paragraphs (1) and 
(2) of this subsection, consideration will be given to 
such additional funding for these programs as may 
be necessary.
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(h) RONGELAP.—
(1) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that be-
cause Rongelap was directly affected by fallout from 
a 1954 United States thermonuclear test and be-
cause the Rongelap people remain unconvinced that 
it is safe to continue to live on Rongelap Island, it 
is the intent of Congress to take such steps (if any) 
as may be necessary to overcome the effects of such 
fallout on the habitability of Rongelap Island, and to 
restore Rongelap Island, if necessary, so that it can 
be safely inhabited. Accordingly, it is the expectation 
of the Congress that the Government of the Mar-
shall Islands shall use such portion of the funds 
specified in Article II, section 1(e) of the subsidiary 
agreement for the implementation of section 177 of 
the Compact as are necessary for the purpose of 
contracting with a qualified scientist or group of sci-
entists to review the data collected by the Depart-
ment of Energy relating to radiation levels and other 
conditions on Rongelap Island resulting from the 
thermonuclear test. It is the expectation of the Con-
gress that the Government of the Marshall Islands, 
after consultation with the people of Rongelap, shall 
select the party to review such data, and shall con-
HJ 63 PCS 
tract for such review and for submission of a report 
to the President of the United States and the Con-
gress as to the results thereof. 
(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 subsection shall be to establish whether the 
data cited in support of the conclusions as to the 
habitability of Rongelap Island, as set forth in the 
Department of Energy report entitled: ‘‘The Mean-
ing of Radiation for Those Atolls in the Northern 
Part of the Marshall Islands That Were Surveyed in 
1978’’, dated November 1982, are adequate and 
whether such conclusions are fully supported by the 
data. If the party reviewing the data concludes that 
such conclusions as to habitability are fully sup-
ported 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 habit-
ability are not fully supported by the data, the Gov-
ernment of the Marshall Islands shall contract with 
an appropriate scientist or group of scientists to un-
dertake a complete survey of radiation and other ef-
HJ 63 PCS 
fects of the nuclear testing program relating to the 
habitability of Rongelap Island. Such sums as are 
necessary for such survey and report concerning the 
results thereof and as to steps needed to restore the 
habitability of Rongelap Island are authorized to be 
made available to the Government of the Marshall 
Islands. 
(3) In the joint resolution of January 14, 1986 
(Public Law 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 
Island and return the Rongelap people to their 
homeland will be taken by the United States in con-
sultation with the Government of the Marshall Is-
lands and, in accordance with its authority under 
the Constitution of the Marshall Islands, the 
Rongelap local government council. 
(i) FOUR ATOLL HEALTH CARE PROGRAM.—
(1) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that serv-
ices provided by the United States Public Health 
Service or any other United States agency pursuant 
to section 1(a) of Article II of the Agreement for the 
Implementation of Section 177 of the Compact 
(hereafter in this subsection referred to as the ‘‘Sec-
HJ 63 PCS 
tion 177 Agreement’’) shall be only for services to 
the people of the Atolls of Bikini, Enewetak, 
Rongelap, and Utrik who were affected by the con-
sequences of the United States nuclear testing pro-
gram, 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 identified as having been so affected 
if such identification occurs in the manner described 
in such public laws). Nothing in this subsection shall 
be construed as prejudicial to the views or policies 
of the Government of the Marshall Islands as to the 
persons affected by the consequences of the United 
States nuclear testing program. 
(2) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that at the 
end of the first year after the effective date of the 
Compact and at the end of each year thereafter, the 
providing agency or agencies shall return to the Gov-
ernment of the Marshall Islands any unexpended 
funds to be returned to the Fund Manager (as de-
scribed in Article I of the Section 177 Agreement) 
to be covered into the Fund to be available for fu-
ture use.
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(3) In the joint resolution of January 14, 1986 
(Public Law 99–239) Congress provided that the 
Fund Manager shall retain the funds returned by 
the Government of the Marshall Islands pursuant to 
paragraph (2) of this subsection, shall invest and 
manage such funds, and at the end of 15 years after 
the effective date of the Compact, shall make from 
the total amount so retained and the proceeds there-
of annual disbursements sufficient to continue to 
make payments for the provision of health services 
as specified in paragraph (1) of this subsection to 
such extent as may be provided in contracts between 
the Government of the Marshall Islands and appro-
priate United States providers of such health serv-
ices. 
(j) ENJEBI COMMUNITY TRUST FUND.—In the joint 
resolution of January 14, 1986 (Public Law 99–239) Con-
gress provided that notwithstanding any other provision 
of law, the Secretary of the Treasury shall establish on 
the books of the Treasury of the United States a fund 
having the status specified in Article V of the subsidiary 
agreement for the implementation of Section 177 of the 
Compact, to be known as the ‘‘Enjebi Community Trust 
Fund’’ (hereafter in this subsection referred to as the 
‘‘Fund’’), and shall credit to the Fund the amount of
HJ 63 PCS 
$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. Upon receipt 
by the President of the United States of the agreement 
described in this subsection, the Secretary of the Treas-
ury, upon request of the Government of the Marshall Is-
lands, shall transfer the Fund to the Government of the 
Marshall Islands, provided that the Government of the 
Marshall Islands agrees as follows: 
(1) ENJEBI TRUST AGREEMENT.—In the joint 
resolution of January 14, 1986 (Public Law 99–
239) Congress provided that the Government of the 
Marshall Islands and the Enewetak Local Govern-
ment 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 pursu-
ant 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 experi-
ence in the administration of trusts and with funds 
under management in excess of 250 million dollars.
HJ 63 PCS 
(2) MONITOR CONDITIONS.—In the joint resolu-
tion of January 14, 1986 (Public Law 99–239) Con-
gress provided that upon the request of the Govern-
ment of the Marshall Islands, the United States 
shall monitor the radiation and other conditions on 
Enjebi and within one year of receiving such a re-
quest shall report to the Government of the Marshall 
Islands when the people of Enjebi may resettle 
Enjebi under circumstances where the radioactive 
contamination at Enjebi, including contamination 
derived from consumption of locally grown food 
products, can be reduced or otherwise controlled to 
meet whole body Federal radiation protection stand-
ards for the general population, including mean an-
nual dose and mean 30-year cumulative dose stand-
ards. 
(3) RESETTLEMENT OF ENJEBI.—In the joint 
resolution of January 14, 1986 (Public Law 99–
239) Congress provided that in the event that the 
United States determines that the people of Enjebi 
can within 25 years of January 14, 1986, resettle 
Enjebi under the conditions set forth in paragraph 
(2) of this subsection, then upon such determination 
there shall be available to the people of Enjebi from 
the Fund such amounts as are necessary for the
HJ 63 PCS 
people of Enjebi to do the following, in accordance 
with a plan developed by the Enewetak Local Gov-
ernment Council and the people of Enjebi, and con-
curred with by the Government of the Marshall Is-
lands to assure consistency with the government’s 
overall economic development plan: 
(A) Establish a community on Enjebi Is-
land for the use of the people of Enjebi. 
(B) Replant Enjebi with appropriate food-
bearing and other vegetation. 
(4) RESETTLEMENT OF OTHER LOCATION.—In 
the joint resolution of January 14, 1986 (Public 
Law 99–239) Congress provided that in the event 
that the United States determines that within 25 
years of January 14, 1986, the people of Enjebi can-
not resettle Enjebi without exceeding the radiation 
standards set forth in paragraph (2) of this sub-
section, then the fund manager shall be directed by 
the trust instrument to distribute the Fund to the 
people of Enjebi for their resettlement at some other 
location in accordance with a plan, developed by the 
Enewetak Local Government Council and the people 
of Enjebi and concurred with by the Government of 
the Marshall Islands, to assure consistency with the 
government’s overall economic development plan.
HJ 63 PCS 
(5) INTEREST FROM FUND.—In the joint reso-
lution of January 14, 1986 (Public Law 99–239) 
Congress provided that prior to and during the dis-
tribution of the corpus of the Fund pursuant to 
paragraphs (3) and (4) of this subsection, the people 
of Enjebi may, if they so request, receive the interest 
earned by the Fund on no less frequent a basis than 
quarterly. 
(6) DISCLAIMER OF LIABILITY.—In the joint 
resolution of January 14, 1986 (Public Law 99–
239) Congress provided that neither under the laws 
of the Marshall Islands nor under the laws of the 
United States, shall the Government of the United 
States be liable for any loss or damage to person or 
property in respect to the resettlement of Enjebi by 
the people 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 (Public Law 99–
239), the Congress determined and declared that it 
is the policy of the United States, to be supported 
by the full faith and credit of the United States, 
that because the United States, through its nuclear 
testing and other activities, rendered Bikini Atoll
HJ 63 PCS 
unsafe for habitation by the people of Bikini, the 
United States will fulfill its responsibility for restor-
ing Bikini Atoll to habitability, as set forth in para-
graph (2) and (3) of this subsection. 
(2) CLEANUP FUNDS.—The joint resolution of 
January 14, 1986 (Public Law 99–239) authorized 
to be appropriated such sums as necessary to imple-
ment the settlement agreement of March 15, 1985, 
in The People of Bikini, et al. against United States 
of America, et al., Civ. No. 84–0425 (D. Ha.). 
(3) CONDITIONS
OF
FUNDING.—In the joint 
resolution of January 14, 1986 (Public Law 99–
239) the Congress provided that the funds referred 
to in paragraph (2) were to be made available pursu-
ant to Article VI, Section 1 of the Compact Section 
177 Agreement upon completion of the events set 
forth in the settlement agreement referred to in 
paragraph (2) of this subsection. 
(l) AGREEMENT ON AUDITS.—The Comptroller Gen-
eral (and his duly authorized representatives) shall have 
the authorities necessary to carry out his responsibilities 
under section 232 of the U.S.-RMI Compact and the 
agreement referred to in section 462(b)(4) of the U.S.-
RMI Compact, including the following authorities:
HJ 63 PCS 
(1) GENERAL
AUTHORITY
OF
THE
COMP-
TROLLER GENERAL TO AUDIT.—
(A) The Comptroller General of the United 
States (and his duly authorized representatives) 
shall have the authority to audit—
(i) all grants, program assistance, and 
other assistance provided to the Govern-
ment of the Republic of the Marshall Is-
lands under Articles I and II of Title Two 
of the U.S.-RMI Compact; and 
(ii) any other assistance provided by 
the Government of the United States to 
the Government of the Republic of the 
Marshall Islands. 
Such authority shall include authority for the 
Comptroller General to conduct or cause to be 
conducted any of the audits provided for in sec-
tion 232 of the U.S.-RMI Compact. The au-
thority provided in this paragraph shall con-
tinue for at least three years after the last such 
grant has been made or assistance has been 
provided. 
(B) The Comptroller General (and his duly 
authorized representatives) shall also have au-
thority to review any audit conducted by or on
HJ 63 PCS 
behalf of the Government of the United States. 
In this connection, the Comptroller General 
shall have access to such personnel and to such 
records, documents, working papers, automated 
data and files, and other information relevant 
to such review. 
(2) 
COMPTROLLER
GENERAL
ACCESS
TO 
RECORDS.—
(A) In carrying out paragraph (1), the 
Comptroller General (and his duly authorized 
representatives) shall have such access to the 
personnel and (without cost) to records, docu-
ments, working papers, automated data and 
files, and other information relevant to such au-
dits. The Comptroller General may duplicate 
any such records, documents, working papers, 
automated data and files, or other information 
relevant to such audits. 
(B) Such records, documents, working pa-
pers, automated data and files, and other infor-
mation regarding each such grant or other as-
sistance shall be maintained for at least three 
years after the date such grant or assistance 
was provided and in a manner that permits 
such grants, assistance and payments to be ac-
HJ 63 PCS 
counted for distinct from any other funds of the 
Government of the Republic of the Marshall Is-
lands. 
(3) STATUS OF COMPTROLLER GENERAL REP-
RESENTATIVES.—The Comptroller General and his 
duly authorized representatives shall be immune 
from civil and criminal process relating to words 
spoken or written and all acts performed by them in 
their official capacity and falling within their func-
tions, except insofar as such immunity may be ex-
pressly waived by the Government of the United 
States. The Comptroller General and his duly au-
thorized representatives shall not be liable to arrest 
or detention pending trial, except in the case of a 
grave crime and pursuant to a decision by a com-
petent judicial authority, and such persons shall 
enjoy immunity from seizure of personal property, 
immigration restrictions, and laws relating to alien 
registration, fingerprinting, and the registration of 
foreign agents. Such persons shall enjoy the same 
taxation exemptions as are set forth in Article 34 of 
the Vienna Convention on Diplomatic Relations. The 
privileges, exemptions and immunities accorded 
under this paragraph are not for the personal ben-
efit of the individuals concerned but are to safeguard