[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