4. Compact of Free Association and Related Legislation a. Compact of Free Association Act of 1985 Public Law 99-239 [H.J. Res. 187], 99 Stat. 1770, approved January 14, 1986; as amended by Public Law 99-658 [H.J. Res. 626], 100 Stat. 3672, approved November 14, 1986 JOINT RESOLUTION To approve the "Compact of Free Association”, and for other purposes. Whereas the United States, in accordance with the Trusteeship Agreement, and Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the people concerned; and Whereas the United States, in response to the desires of the peoples of the Federated States of Micronesia and the Marshall Islands expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted governments, and in consideration of its own obligations under the Trusteeship Agreement to promote self-determination, entered into political status negotiations with representatives of the peoples of the Federated States of Micronesia, and the Marshall Islands; and Whereas these negotiations resulted in the "Compact of Free Association" which, together with its related agreements, was signed by the United States and by the Federated States of Micronesia and the Republic of the Marshall Islands on October 1, 1982 and June 25, 1983, respectively; and Whereas the Compact of Free Association was approved by majorities of the peoples of the Federated States of Micronesia and the Marshall Islands in United Nations-observed plebiscites conducted on June 21, 1983 and September 7, 1983, respectively; and Whereas the Compact of Free Association has been approved by the Governments of the Federated States of Micronesia and the Marshall Islands in accordance with their respective constitutional processes, thus completing fully for the Federated States of Micronesia and the Marshall Islands their domestic approval processes with respect to the Compact as contemplated in Compact Section 411: 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 section, may be cited as the "Compact of Free Association Act of 1985". (b) TABLE OF CONTENTS. The table of contents for this joint resolution is as follows: TITLE I—APPROVAL OF COMPACT; INTERPRETATION OF, AND UNITED STATES POLICIES REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS Sec. 101. Approval of Compact of Free Association. (a) Federated States of Micronesia. (b) Marshall Islands. (c) Reference to the Compact. (d) Amendment, Change, or Termination in the Compact and Certain Agree ments. (e) Subsidiary Agreements Deemed Bilateral. (f) Effective Date. Sec. 102. Agreements With Federated States of Micronesia. (a) Law Enforcement Assistance. (b) Economic Development Plans Review Process. (c) Agreement on Audits. Sec. 103. Agreements With and Other Provisions Related to the Marshall Islands. (a) Law Enforcement Assistance. (b) Economic Development Plans Review Process. (c) Ejit. (d) Kwajalein Payments. (e) Section 177 Agreement. (f) Nuclear Test Effects. (g) Espousal Provisions. (h) DOE Radiological Health Care Program; USDA Agricultural and Food Pro (j) Four Atoll Health Care Program. (k) Enjebi Community Trust Fund. (1) Bikini Atoll Cleanup. (m) Agreement on Audits. Sec. 104. Interpretation of and United States Policy Regarding Compact of Free As sociation. (a) Human Rights. (b) Immigration. (c) Nonalienation of Lands. (d) Nuclear Waste Disposal. (e) Impact of Compact on U.S. Areas. (f) Fisheries Management. (g) Foreign Loans. Sec. 105. Supplemental Provisions. (a) Domestic Program Requirements. (b) Relations With the Federated States of Micronesia and the Marshall Islands. (c) Continuing Trust Territory Authorization. (d) Medical Referral Debts. (e) Survivability. (f) Registration for Agents of Micronesian Governments. (g) Noncompliance Sanctions. (h) Continuing Programs and Laws. (i) College of Micronesia; Education Programs. (j) Trust Territory Debts to U.S. Federal Agencies. (k) Use of DOD Medical Facilities. (1) Technical Assistance. (m) Prior Service Benefits Program. (n) Indefinite Land Use Payments. (0) Communicable Disease Control Program. (p) Trust Funds. (q) Annual Reports on Determinations Under Compact Section 313. 1 48 U.S.C. 1681 note. Article I-Authority and Responsibility. Article II-Defense Facilities and Operating Rights. Article III-Defense Treaties and International Security Agreements. Sec. 304. Administrative Matters. (a) Administrative Support. (b) Authorization of Appropriations. TITLE IV-CLARIFICATION OF CERTAIN TRADE AND TAX PROVISIONS OF THE COMPACT Sec. 401. Freely Associated States Tariff Treatment. (a) Section 242. (b) Section 243. Sec. 402. Construction of Section 253 of the Compact. Sec. 405. The Marshall Islands and the Federated States of Micronesia Treated as Sec. 406. Effective Date. Sec. 407. Study of Tax Provisions. Sec. 408. Coordination With Other Provisions. TITLE V-COMPACT OF FREE ASSOCIATION WITH PALAU 1986] 2 [Repealed TITLE I-APPROVAL OF COMPACT; INTERPRETATION OF. AND U.S. POLICIES REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS SEC. 101.1 APPROVAL OF COMPACT OF FREE ASSOCIATION. (a) FEDERATED STATES OF MICRONESIA.-The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98-192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. (b) MARSHALL ISLANDS.-The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved. and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98-192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effec tive date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. (c) REFERENCE TO THE COMPACT.-Any reference in this joint resolution to "the Compact" shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. (d) AMENDMENT, CHANGE, OR TERMINATION IN THE COMPACT AND CERTAIN AGREEMENTS.-(1) Mutual agreement by the Government of the United States as provided in the Compact which results in 2 Title V was repealed by sec. 103 of Public Law 99-658 (100 Stat. 3672, which approved a Compact of Free Association with Palau). amendment, change, or termination of all or any part thereof shall be effected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress. (2) The provisions of paragraph (1) shall apply (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termination in the Agreement between the Government of the United States and the Government of the Federated States of Micronesia Regarding Friendship, Cooperation and Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(j) of the Compact and the Agreement between the Government of the United States and the Government of the Marshall Islands Concerning Mutual Security Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association referred to in section 462(k) of the Compact; (C) to any amendment, change, or termination of the agreements concluded pursuant to Compact sections 175, 177, and 221(a)(5), the terms of which are incorporated by reference into the Compact; and (D) to the following subsidiary agreements, or portions thereof: (i) Article II of the agreement referred to in section 462(a) of the Compact; (ii) Article II of the agreement referred to in section 462(b) of the Compact; (iii) Article II and Section 7 of Article XI of the agreement referred to in section 462(e) of the Compact; (iv) the agreement referred to in section 462(f) of the Compact; (v) Articles III and IV of the agreement referred to in section 462(g) of the Compact; (vi) Articles III and IV of the agreement referred to in section 462(h) of the Compact; and (vii) Articles VI, XV, and XVII of the agreement referred to in section 462(i) of the Compact. (e) SUBSIDIARY AGREEMENTS DEEMED BILATERAL.-For purposes of implementation of the Compact and this joint resolution, each of the subsidiary agreements referred to in subsections (a) and (b) (whether or not bilateral in form) shall be deemed to be bilateral agreements between the United States and each other party to such subsidiary agreement. The consent or concurrence of any other party shall not be required for the effectiveness of any actions taken by the United States in conjunction with either the Federated States of Micronesia or the Marshall Islands which are intended to affect the implementation, modification, suspension, or termination of any such subsidiary agreement (or any provision thereof) as regards the mutual responsibilities of the United States and the party in conjunction with whom the actions are taken. (f) EFFECTIVE DATE. (1) The President shall not agree to an effective date for the Compact, as authorized by this section, until |