[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