[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S.J. Res. 48 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S. J. RES. 48 To approve the 2023 Agreement to Amend the U.S.-FSM Compact, and related agreements, between the Government of the United States of America and the Government of the Federated States of Micronesia, the 2023 Agreement to Amend the U.S.-RMI Compact, and certain related agreements between the Government of the United States of America and the Government of the Republic of the Marshall Islands, and the 2023 U.S.-Palau Compact Review Agreement between the Government of the United States of America and the Government of the Republic of Palau, to appropriate funds to carry out the agreements, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Manchin (for himself, Mr. Barrasso, Mr. Cardin, Mr. Risch, Ms. Hirono, and Mr. Boozman) introduced the following joint resolution; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ JOINT RESOLUTION To approve the 2023 Agreement to Amend the U.S.-FSM Compact, and related agreements, between the Government of the United States of America and the Government of the Federated States of Micronesia, the 2023 Agreement to Amend the U.S.-RMI Compact, and certain related agreements between the Government of the United States of America and the Government of the Republic of the Marshall Islands, and the 2023 U.S.-Palau Compact Review Agreement between the Government of the United States of America and the Government of the Republic of Palau, to appropriate funds to carry out the agreements, and for other purposes. Whereas the United States (in accordance with the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the United Nations Charter, and the objectives of the international trusteeship system of the United Nations) fulfilled its obligations to promote the development of the people of the Trust Territory toward self-government or independence, as appropriate, to the particular circumstances of the Trust Territory and the people of the Trust Territory and the freely expressed wishes of the people concerned; Whereas the United States, the Federated States of Micronesia, and the Republic of the Marshall Islands entered into the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239) and the United States and the Republic of Palau entered into the Compact of Free Association set forth in section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to create and maintain a close and mutually beneficial relationship; Whereas the ``Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia'', the ``Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands'', and related agreements were signed by the Government of the United States and the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands and approved, as applicable, by section 201 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108- 188); Whereas the ``Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association Section 432 Review'', was signed by the Government of the United States and the Government of the Republic of Palau on September 3, 2010, and amended on September 19, 2018; Whereas, on May 22, 2023, the United States signed the ``Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review''; Whereas, on May 23, 2023, the United States signed 3 agreements related to the U.S.-FSM Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement and on September 28, 2023, the United States signed a Federal Programs and Services agreement related to the U.S.-FSM Compact of Free Association; and Whereas, on October 16, 2023, the United States signed 3 agreements relating to the U.S.-RMI Compact of Free Association, including an Agreement to Amend the Compact, as amended, a new fiscal procedures agreement, and a new trust fund agreement: 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. This joint resolution may be cited as the ``Compact of Free Association Amendments Act of 2023''. SEC. 2. DEFINITIONS. In this joint resolution: (1) 1986 compact.--The term ``1986 Compact'' means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99-239). (2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended U.S.-FSM Compact'' means the Compact of Free Association amending the 1986 Compact entitled the ``Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia'' set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-188). (3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended U.S.-RMI Compact'' means the Compact of Free Association amending the 1986 Compact entitled ``Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands'' set forth in section 201(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-188). (4) 2023 agreement to amend the u.s.-fsm compact.--The term ``2023 Agreement to Amend the U.S.-FSM Compact'' means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia to Amend the Compact of Free Association, as Amended, done at Palikir May 23, 2023. (5) 2023 agreement to amend the u.s.-rmi compact.--The term ``2023 Agreement to Amend the U.S.-RMI Compact'' means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands to Amend the Compact of Free Association, as Amended, done at Honolulu October 16, 2023. (6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, as amended by the 2023 Agreement to Amend the U.S.-FSM Compact. (7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, as amended by the 2023 Agreement to Amend the U.S.-RMI Compact. (8) 2023 u.s.-fsm federal programs and services agreement.--The term ``2023 U.S.-FSM Federal Programs and Services Agreement'' means the 2023 Federal Programs and Services Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Washington September 28, 2023. (9) 2023 u.s.-fsm fiscal procedures agreement.--The term ``2023 U.S.-FSM Fiscal Procedures Agreement'' means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance provided in the 2023 Amended U.S.-FSM Compact between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Palikir May 23, 2023. (10) 2023 u.s.-fsm trust fund agreement.--The term ``2023 U.S.-FSM Trust Fund Agreement'' means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia Regarding the Compact Trust Fund, done at Palikir May 23, 2023. (11) 2023 u.s.-palau compact review agreement.--The term ``2023 U.S.-Palau Compact Review Agreement'' means the Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review, done at Port Moresby May 22, 2023. (12) 2023 u.s.-rmi fiscal procedures agreement.--The term ``2023 U.S.-RMI Fiscal Procedures Agreement'' means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the 2023 Amended Compact Between the Government of the United States of America and the Government of the Republic of the Marshall Islands, done at Honolulu October 16, 2023. (13) 2023 u.s.-rmi trust fund agreement.--The term ``2023 U.S.-RMI Trust Fund Agreement'' means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands Regarding the Compact Trust Fund, done at Honolulu October 16, 2023. (14) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Natural Resources of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (15) Freely associated states.--The term ``Freely Associated States'' means-- (A) the Federated States of Micronesia; (B) the Republic of the Marshall Islands; and (C) the Republic of Palau. (16) Subsidiary agreement.--The term ``subsidiary agreement'' means any of the following: (A) The 2023 U.S.-FSM Federal Programs and Services Agreement. (B) The 2023 U.S.-FSM Fiscal Procedures Agreement. (C) The 2023 U.S.-FSM Trust Fund Agreement. (D) The 2023 U.S.-RMI Fiscal Procedures Agreement. (E) The 2023 U.S.-RMI Trust Fund Agreement. (F) Any Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands. (G) Any Federal Programs and Services Agreement in force between the United States and the Republic of Palau. (H) Any other agreements that the United States may from time-to-time enter into with the Government of the Federated States of Micronesia, the Government of the Republic of Palau, or the Government of the Republic of the Marshall Islands, in accordance with-- (i) the 2023 Amended U.S.-FSM Compact; (ii) the 2023 U.S.-Palau Compact Review Agreement; or (iii) the 2023 Amended U.S.-RMI Compact. (17) U.S.-palau compact.--The term ``U.S.-Palau Compact'' means the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Public Law 99-658 (48 U.S.C. 1931 note). SEC. 3. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT, 2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-PALAU COMPACT REVIEW AGREEMENT, AND SUBSIDIARY AGREEMENTS. (a) Federated States of Micronesia.-- (1) Approval.--The 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 U.S.-FSM Trust Fund Agreement, as submitted to Congress on June 15, 2023, are approved and incorporated by reference. (2) Consent of congress.--Congress consents to-- (A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as submitted to Congress on June 15, 2023; and (B) the 2023 U.S.-FSM Federal Programs and Services Agreement. (3) Authority of president.--Notwithstanding section 101(f) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)), the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2). (b) Republic of the Marshall Islands.-- (1) Approval.--The 2023 Agreement to Amend the U.S.-RMI Compact and the 2023 U.S.-RMI Trust Fund Agreement, as submitted to Congress on October 17, 2023, are approved and incorporated by reference. (2) Consent of congress.--Congress consents to the 2023 U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress on October 17, 2023. (3) Authority of president.--Notwithstanding section 101(f) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921(f)), the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2). (c) Republic of Palau.-- (1) Approval.--The 2023 U.S.-Palau Compact Review Agreement, as submitted to Congress on June 15, 2023, is approved. (2) Authority of president.--The President is authorized to bring into force and implement the 2023 U.S.-Palau Compact Review Agreement. (d) Amendments, Changes, or Termination to Compacts and Certain Agreements.-- (1) In general.--Any amendment to, change to, or termination of all or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral action of the Government of the United States, shall not enter into force until the date on which Congress has incorporated the applicable amendment, change, or termination into an Act of Congress. (2) Additional actions and agreements.--In addition to the Compacts described in paragraph (1), the requirements of that paragraph shall apply to-- (A) any action of the Government of the United States under the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact, including an action taken pursuant to section 431, 441, or 442 of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-Palau Compact; (B) any amendment to, change to, or termination of-- (i) the agreement described in section 462(a)(2) of the 2023 Amended U.S.-FSM Compact; (ii) the agreement described in section 462(a)(5) of the 2023 Amended U.S.-RMI Compact; (iii) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-FSM Compact; (iv) an agreement concluded pursuant to section 265 of the 2023 Amended U.S.-RMI Compact; (v) an agreement concluded pursuant to section 177 of the 2023 Amended U.S.-RMI Compact; (vi) Articles III and IV of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-FSM Compact; (vii) Articles III, IV, and X of the agreement described in section 462(b)(6) of the 2023 Amended U.S.-RMI Compact; (viii) the agreement described in section 462(h) of the U.S.-Palau Compact; and (ix) Articles VI, XV, and XVII of the agreement described in section 462(b)(7) of the 2023 Amended U.S.-FSM Compact and 2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-Palau Compact. (e) Entry Into Force of Future Amendments to Subsidiary Agreements.--An agreement between the United States and the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau that would amend, change, or terminate any subsidiary agreement or portion of a subsidiary agreement (other than an amendment to, change to, or termination of an agreement described in subsection (d)) shall not enter into force until the date that is 90 days after the date on which the President has transmitted to the President of the Senate and the Speaker of the House of Representatives-- (1) the agreement to amend, change, or terminate the subsidiary agreement; (2) an explanation of the amendment, change, or termination; (3) a description of the reasons for the amendment, change, or termination; and (4) in the case of an agreement that would amend, change, or terminate any agreement described in section 462(b)(3) of the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI Compact, a statement by the Secretary of Labor that describes-- (A) the necessity of the amendment, change, or termination; and (B) any impacts of the amendment, change, or termination. SEC. 4. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA. (a) Law Enforcement Assistance.-- (1) In general.--Pursuant to sections 222 and 224 of the 2023 Amended U.S.-FSM Compact, the United States shall provide nonreimbursable technical and training assistance, as appropriate, including training and equipment for postal inspection of illicit drugs and other contra