[Congressional Record Volume 149, Number 160 (Thursday, November 6, 2003)]
[Senate]
[Pages S14222-S14226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003
Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 350, H.J. Res.
63.
The PRESIDING OFFICER. The clerk will report the joint resolution by
title.
The legislative clerk read as follows:
A joint resolution (H.J. Res. 63) 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 Micronesia,'' and 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 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.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. DOMENICI. Mr. President, I rise today to support passage of H.J.
Res. 63, legislation to approve and extend the Compacts of Free
Association between the United States and the Federated States of
Micronesia, FSM, and the United States and the Republic of the Marshall
Islands, RMI. As chairman of the Senate Committee on Energy and Natural
Resources with jurisdiction over these islands, I am pleased that we
are ready to pass this legislative package. We have made great progress
in a short amount of time. The administration did not transmit the
joint resolution to the Senate until July 14, 2003, and the original
Compact expired on September 30. Since that time, we have been on an
extension. However, in just over 3 months, Congress has completed its
work and is now poised to enact the agreements that will govern our
mutually beneficial relationship for the next 20 years.
The legislation now before the Senate encompasses a broad array of
important policy issues, including funding, education, labor, disaster
assistance, and immigration matters. Consequently, a number of
committees have assisted the Energy and Natural Resources Committee in
reaching this bipartisan agreement. For helping us resolve these
numerous issues, I would like to thank Budget Committee Chairman
Nickles and Ranking Member Senator Conrad; Health, Education, Labor and
Pensions Committee Chairman Gregg and Ranking Member Senator Kennedy;
Labor, Health and Human Services and Education Appropriations
Subcommittee Chairman Specter and Ranking Member Senator Harkin; and
Environment and Public Works Committee Chairman Inhofe and Ranking
member Senator Jeffords. Thanks also to the staff from these committees
for their assistance.
I must of course express my appreciation to the members of the Senate
Energy and Natural Resources Committee. In particular, I would like to
commend the leadership, provided by Senator Bingaman, the ranking
member of the committee and Senator Craig, chair of the Public Lands
and Forests Subcommittee. A special thanks to Senator Akaka, a great
friend and voice for the islands. The committee is grateful for his
assistance in this effort. Finally, I would like to thank Kellie
Donnelly and Allen Stayman of the committee staff for their hard work
and dedication throughout this process.
Enactment of the amended Compacts will continue a remarkable
relationship first forged after World War II. It is important to
remember that these islands were occupied by Japan and experienced some
of the bloodiest fighting during World War II. After the war, the
islands were placed under the United Nations' trusteeship system. The
United States served as U.N. trustee and in that capacity, aided the
islands' transition into self-governing nations, freely associated with
the United States. With the ratification of the original Compact of
Free Association in 1986, a unique relationship with these islands was
formed.
The Compact of Free Association has guided our Nation's relationship
with the FSM and RMI for the past 17 years. Most would agree that the
original Compact has been a success. Indeed, the Compact has achieved
its goals of, 1, establishing full self-governance for the islands and
ending the U.N. trusteeship; and 2, securing our mutual defense
interests. One final goal remains, to assist Micronesia and the
Marshall Islands in their efforts to advance economic self-sufficiency.
The amended Compacts aim to achieve this goal.
The amended Compacts also seek to improve upon the original. After
nearly 20 years of free association, the United States has learned a
great deal and has identified areas in need of improvement. The
legislation now before us continues U.S. economic assistance and each
nation, including the United States, has increased oversight and
accountability responsibilities via the Joint Economic Management
Committees that have been established.
In order to realize the goal of economic self-reliance for the
islands, the amended Compacts establish and capitalize trust funds for
the FSM and RMI, respectively. Properly managed, the trust funds will
provide an ongoing source of revenue when annual payments by the United
States end in 2023.
H.J. Res. 63 further provides annual funding to address the migration
impacts to neighboring Hawaii, Guam, the Northern Mariana Islands, and
American Samoa. In the wake of September 11, the Compacts' immigration
provisions have been strengthened. In addition, funding is provided for
food importation programs and judicial training.
Importantly, the amended Compacts maintain our Nation's defense
rights in the western Pacific. It should be noted that the FSM and RMI
have proven to be two of our country's most steadfast
[[Page S14223]]
allies in this region of the world. The United States has a ``strategic
denial right,'' that is, the right to deny access to the islands by the
military forces of other nations. In addition, the United States has a
``defense veto'' that allows our Government to veto local actions that
are determined to be incompatible with our defense responsibilities.
The amended Compacts also seek to continue access to the U.S. military
facilities at Kwajalein for the next 50 to 70 years.
The major policy issues of education and disaster assistance that are
addressed in the amended Compacts have a very real impact on the daily
lives of Micronesian and Marshallese citizens. Federal education
programs have been available to the FSM and the RMI under the current
Compact since 1986 and the administration testified that it assumed
their continuation when it renegotiated the Compact. The Compact's goal
of moving the islands to economic self-sufficiency will fail without
these programs or funds to replace them.
In response to concerns expressed by the House and Senate
Education Committees, we have reached agreement on an alternative
approach to the education issue. The amended Compacts maintain the
vital education programs of Pell Grants and the Individuals with
Disabilities and Education Act. The remaining Federal formula grant
education programs are terminated. In their place, a straight
authorization is provided, $12,230,000 for the FSM and $6,100,000 for
the RMI. This authorization creates a new discretionary grant program
for the islands. The intent is to shift funding for these island's
programs from their formula allocation of the national appropriation
for these programs, to a separate appropriation of equal value.
In both chambers, the Labor, HHS, and Education Appropriations
Subcommittees, which have funded the education programs for the islands
for the past 17 years, have agreed to assist in funding this new
approach. Once appropriated, the education funding would be disbursed
and monitored in accordance with the Compact's fiscal procedures
agreements with the FSM and RMI, respectively.
Islands are prone to natural disasters such as typhoons and,
surprisingly, droughts. Disaster assistance, then, is of the utmost
importance. In approving the original Compact, Congress ensured FEMA
assistance for both the FSM and RMI. Clearly, some form of disaster
assistance is necessary for infrastructure repair, to promote the goal
of economic self-sufficiency, and to protect our investments.
As transmitted by the administration, the amended Compacts replaced
FEMA with the U.S. AID's office of Foreign Disaster Assistance, OFDA.
Because of the Energy Committee's concerns with OFDA's lack of
reconstruction capability, the committee reinstated FEMA's services for
the FSM and RMI. Only last week, the administration submitted an
alternative proposal for disaster assistance that includes both FEMA
and OFDA participation. While the proposal may be workable, it would be
premature to adopt it at this time. The legislation now before the
Senate maintains FEMA's services for a period of 5 years. During this
time, the administration will negotiate disaster assistance that
provisions with the Governments of the FSM and RMI. It is the
Committee's expectation that an agreement will be concluded
expeditiously and if progress is not made in a timely fashion, the
committee may conduct an oversight hearing on the matter. At the end of
5 years though, if a conclusion is not reached and enacted during that
time period, the administration's hybrid proposal will be triggered.
I am pleased that the amended Compacts will soon be signed by the
President, and I thank my colleagues for their support of this
significant legislative package.
Mr. BINGAMAN. Mr. President, I am pleased to support passage of the
Compact of Free Association Amendments Act of 2003, legislation that
will extend and strengthen our Nation's special relationship with two
young Pacific Island nations, the Federated States of Micronesia, FSM,
and the Republic of the Marshall Islands, RMI.
The special ties between these islands and the United States have a
long history, from the 19th Century New England whaling industry,
through the terrible years of World War II, to the period of United
States administration under the United Nations Trusteeship system. From
1947 to 1986, the U.S. governed these islands on behalf of the U.N. and
was responsible for promoting the political, economic, and social
development of the inhabitants. In 1986, the U.S. fulfilled its
obligations to the U.N. with implementation of the Compact of Free
Association, approved by Public Law 99-239. The Compact formally ended
U.S. administration and allowed the FSM and RMI to achieve self-
government and international recognition. The Compact also allowed the
U.S. to continue the special security relationship forged during the
Trusteeship. Now 17 years later, the Compact continues to provide for
mutual defense and for political and economic stability in a region of
significant interest to the U.S.
Prompt enactment of H.J. Res. 63 is needed to update and extend
provisions of the Compact, particularly those economic assistance
provisions which expired on September 30, 2003, but which have been
temporarily extended.
I would like to remind my colleagues of the scope and importance of
his security relationship because it provides one of the compelling
reasons to support this resolution. Our mutual security includes the
obligation of the U.S. to defend these nations as if they are a part of
the U.S., and it is based on a simple geographic reality--the FSM and
RMI lie between the state of Hawaii, and our Territories of Guam and
the Commonwealth of the Northern Mariana Islands in the western
Pacific. During World War II, the islands of the FSM and RMI served as
hard-fought stepping-stones in the Allied defeat of Imperial Japan. To
help assure that such a struggle will never need to be repeated, the
Compact grants the U.S. the right to deny access to the islands by the
military forces of other nations, as well as the right to veto local
actions that the U.S. determines are incompatible with its defense
responsibilities. The Compact also provides that the FSM and RMI will
sympathetically consider U.S. requests for military basing rights. In
the past, U.S. nuclear weapons tests in the Marshall Islands played a
central role in the development of our Nation's nuclear deterrent.
Today, the missile test range at Kwajalein continues to play a vital
role in maintaining the nation's ballistic missile capability and in
developing missile defense systems. Enactment of this legislation could
secure U.S. access to the missile test and space surveillance
facilities at Kwajalein beyond 2016.
A second major element in the special relationship established by the
Compact is the mutual interest in promoting economic development. This
goal has been approached by providing a combination of financial and
program assistance. Significant economic development occurred from 1986
to 2003, but the remote and resource-poor island economies continue to
be based on the government-sector, and they are heavily dependent on
U.S. assistance. Development has also been hindered by the Compact's
weak accountability mechanisms and by the island governments' poor
planning and management capabilities.
A third element in this special relationship is the Compact's
provision granting FSM and RMI citizens the opportunity to live, work,
and study in the U.S. as resident aliens. This privilege provides an
outlet for the islands' population growth, but it has also resulted in
significant migration to Hawaii, Guam, and the Commonwealth of the
Northern Mariana Islands, CNMI. Due to relatively poor health and
education conditions in the FSM and RMI, these migrants pose a
disproportionately high impact on social services in the jurisdictions
to which they migrate.
Finally, the Compact included a full and final settlement of all
claims resulting from the U.S. nuclear weapons testing program that was
conducted in the RMI from 1947 to 1958 and which significantly
contaminated the islands of four atolls.
I commend the representatives of Micronesia, the Marshall Islands,
and the United States for their work over the past 4 years to extend
and strengthen the Compact. The two new Compact agreements they
concluded are nested within this joint resolution and will
[[Page S14224]]
provide the assistance needed to assure continued economic development
and mutual security in partnership with the United States. The
administration transmitted the legislation on June 27, it was
introduced as S.J. Res. 16 on July 14, 2003, and ordered reported by
the committee, with amendments, on September 17. It would provide about
$4 billion in funding over the 20-year period from fiscal year 2004 to
2023 for grants, contributions to trust funds, payments to extend the
lease at Kwajalein, the cost of certain domestic services and programs,
and $30 million annually to be allocated among Hawaii, Guam, the
Northern Mariana Islands, and American Samoa to mitigate the impact of
migration from the FSM and RMI. The package would also continue program
assistance to the FSM and RMI through a range of domestic programs
To improve the effectiveness of U.S. assistance in the future, the
amended Compacts have enhanced accountability mechanisms. For example,
instead of providing financial assistance in the form of direct cash
payments, funds will be disbursed through sector grants targeted to
priority areas such as health and education. A new ``Fiscal Procedures
Agreement,'' will establish new planning and reporting requirements,
including the establishment of a joint economic management committee
with each nation. These committees will have a U.S. majority
membership, and the power to impose grant conditions and withhold
funds. Finally, the Compacts anticipate the end of annual U.S.
financial assistance after 2023 and provide fro contributions to two
trust funds that will become an alternate source of funding after that
year.
The U.S. currently has access to military sites at Kwajalein Atoll
until 2016, but this legislation provides an opportunity to extend U.S.
access until 2086. The new arrangement regarding Kwajalein was
negotiated with the Marshall Islands national government which has not
yet reached agreement with all of the landowners involved. Accordingly,
a new land use agreement will need to be concluded between the
landowners and the Government of the RMI in order to give effect to the
new access agreement. Until that time, this legislation requires that
the increased payments be held in an interest-bearing escrow account.
Two issues that were not resolved during the Energy and Natural
Resources Committee's consideration of this resolution are education
and disaster assistance. As pointed out earlier, U.S. assistance under
the Compact is provided through a combination of financial assistance
and program assistance. In the case of education, U.S. domestic
programs account for roughly 40 percent of education funding, with
local and U.S. financial contributions making-up the balance. These
U.S. programs were first made available to the FSM and the RMI as an
initiative of President Kennedy during the Trusteeship period and were
continued under the Compact as negotiated and approved under President
Reagan. The administration testified on this resolution in July before
the Energy Committee that continuation of these programs was assumed
when it renegotiated the Compact. Unfortunately, as the legislation
moved forward, the House and Senate HELP Committees opposed
continuation.
It was clear during the committee's consideration that the Compact's
goal of promoting economic self-sufficiency would fail without
maintaining current levels of support for education. This could be done
by either continuing these programs, as assumed by the administration,
or by providing an alternative source of funding.
The Energy Committee recommended continuation of critical programs
and the ``cash-out'' of the remainder. Three domestic education
programs that would be very hard, if not impossible, for the island
governments to duplicate would continue: Pell Grants, programs under
the Individuals with Disabilities Education Act, IDEA, and Job Corps.
Pell grants to students attending the two community colleges in the FSM
and RMI rate vital to the survival of these two institutions and there
is consensus to support their continuation. IDEA serves a special
population in the islands that, without the extension of the U.S.
program, is unlikely to be adequately served. Finally, an exception is
made for Job Corps because of the role it plays in preparing young
people to enter the workforce. This is particularly true at Kwajalein
Atoll where the U.S. Army vigorously supports the continuation of Job
Corps because it helps maximize local employment at the U.S. Army base
there.
For the remaining Federal formula-grant programs administered by the
Departments of Education and Labor, and for the Head Start Program, the
committee recommended termination of the islands' eligibility and
providing the islands with mandatory funding to replace, or ``cash-
out'', the actual programs. However, the compromise agreed to with the
House would provide an authorization for a discretionary, not mandatory
``cash-out'' of the programs to be terminated. The replacement funding
under this proposal would continue to be provided by the appropriations
subcommittee for Labor, HHS, and Education, but instead of being
allocated from the appropriation for each of the national programs,
there would be a new, separate appropriation of equal value to
supplement the education sector grants provided by the Secretary of the
Interior under section 211(a) of the two Compacts.
The initial authorization levels for these two new discretionary
grants are based on estimates obtained from the Congressional Research
Service and the Department of the Interior's Federal Program
Coordinator, $12,230,000 for the FSM, and $6,100,000 for the RMI, and
the authorization includes an inflation adjustment. Once appropriated,
this supplemental funding would be used in accordance with an agreement
between the appropriate cabinet officer and the Secretary of the
Interior, and would be disbursed and monitored in accordance with the
Compact's Fiscal Procedures Agreements with the FSM and RMI,
respectively.
I support this compromise reluctantly because I am uneasy with
discretionary funding for such a critical element of the Compacts.
Nevertheless, it appears to be the best that can be worked out under
the circumstances and I look forward to working with my colleagues next
year to make sure that the funding is shifted smoothly from the
allocation for each of these national programs to a new FSM-RMI
supplemental appropriation of the same amount. I thank Senator Gregg
and Senator Kennedy for their cooperation in resolving these difficult
education issues, and Stephanie Monroe and Jane Oates of the HELP staff
for their time and effort in working out this compromise. I
particularly want to thank Senator Akaka for his hard work and
commitment to this legislation, and to recognize Noe Kalipi and Melissa
Hampe of his staff for their contributions.
A second item that was not resolved during the Energy Committee's
deliberations was disaster assistance. The administration proposed that
the current eligibility of the islands to participate in the disaster
assistance programs of FEMA be terminated and replaced with eligibility
for assistance from the Office of Foreign Disaster Assistance, OFDA.
This approach was clearly flawed because OFDA is not required to
rebuild essential infrastructure following disasters.
In response to this need, the administration transmitted a new
proposal last week that would provide for assistance from both OFDA and
FEMA. However, the details for implementing this new joint-program
approach were not set forth in a subsidiary agreement, as has been done
with other programs to be extended to the islands. Accordingly, a
compromise has been developed that would continue FEMA assistance, as
recommended by the Energy Committee, while the administration
undertakes negotiations with the islands and FEMA on the new approach
in which all parties seek to conclude subsidiary agreements that would
clarify implementation of the new approach. To help assure that all
parties will negotiate in good faith, the compromise further provides
that the statutory language for the new approach, as submitted by the
administration, would go into effect 5 years after the date of
enactment of this joint resolution. It is my expectation that
subsidiary agreements and any negotiated changes to the statutory
language would be agreed to between the island governments and
representatives of FEMA, OFDA, the
[[Page S14225]]
State Department and the Interior Department long before that deadline.
I thank Senators Inhofe and Jeffords for their help in resolving this
matter and I look forward to working with them next year to assuring
that the islands have the disaster assistance that is essential to the
success of their economies, and to the success of the Compacts.
I believe that we have taken two excellent agreements, as negotiated
between the U.S. and the FSM, and between the U.S. and the RMI, and we
have improved them so that they will serve as a solid foundation for
future relations. I want to thank the chairman of the committee,
Senator Domenici, for his leadership on this legislation and for his
commitment to continuing the bipartisan approach that has characterized
the committee's work on insular affairs. Finally, I wish to recognize
the work of Al Stayman and Kellie Donnelly of the Energy Committee
staff for their dedication and hard work in guiding this legislation
through the process.
In 1986, the United States fulfilled its obligations under the
Trusteeship and established a successful partnership under the Compact
of Free Association to advance the interests of the United States, the
FSM, and RMI in mutual security, and to economic development. Today, I
urge my colleagues to support passage of H.J. Res. 63 and to affirm our
Nation's commitment to mutual security, economic development and to the
continuing special relationship with the islands, and the people, of
the Federated States of Micronesia and the Republic of the Marshall
Islands.
Mr. DOMENICI. Mr. President, I would like to take this opportunity to
engage in a colloquy with Senator Specter, Senator Bingaman, and
Senator Harkin regarding the education provisions of H.J. Res. 63, to
approve and extend the Compacts of Free Association between the U.S.
and the Federated States of Micronesia, FSM, and the U.S. and the
Republic of the Marshall Islands, RMI.
Mr. BINGAMAN. Of course.
Mr. DOMENICI. U.S. assistance under the current compact is made
available as both financial and program assistance. In the case of
education, several U.S. domestic programs have been extended to the FSM
and RMI since the compact was first approved in 1986. In July, the
administration testified on this legislation and stated that ``funding
in the compact was not structured to replace expiring Federal programs,
or take the place of any program that is eliminated now, or could be
eliminated in the future.'' In other words, continuation of the current
program assistance was assumed. However, the House and Senate HELP
committees have raised objections to this approach. Because these
programs account for about 40 percent of the FSM and RMI education
budgets, the success of the compacts depends upon either continuing the
extension of these programs, or providing an alternate source of
funding.
The Domenici-Bingaman amendment in the nature of a substitute to H.J.
Res. 63 includes language modeled on that passed in the House, that
would create an authorization for alternate funding. The amendment
would continue eligibility for certain essential programs, but
eligibility would be ended for the remaining Department of Education
and Department of Labor formula-grant programs, and for the Head Start
program. In their place, an authorization is provided to fund two
discretionary supplemental education grants: $12,230,000 for the FSM,
and $6,100,000 for the RMI. Once appropriated, these supplemental
education grants would be disbursed, used, and monitored in accordance
with an agreement between the Secretary of Education and the Secretary
of the Interior, and in accordance with the compact's fiscal procedures
agreements with the FSM and RMI, respectively. This approach resolves
the disagreement with the HELP committees while best assuring that the
FSM and RMI will continue to have the resources needed to meet their
education needs.
Mr. BINGAMAN. I agree. These grants, if funded, would continue the
level of assistance which the administration and the island
representatives assumed would be available to meet the education goals
which they jointly established in the new compacts.
Mr. DOMENICI. I would like to ask the chairman and ranking member of
the Appropriations Subcommittee on Labor, Health and Human Services,
and Education, whether they support this approach and whether they will
fund these alternate grants?
Mr. SPECTER. Yes. I support this approach proposed by my colleagues
from the Energy Committee and assure them that, given a sufficient
allocation, I will support funding for education in the FSM and RMI
through the new supplemental education grants authorized in their
amendment to H.J. Res. 63.
Mr. HARKIN. I concur in this approach and also assure my colleagues
of my support for continued funding for education in the FSM and RMI
under this new authorization.
Mr. DOMENICI. I thank my colleagues for their support.
Mr. DOMENICI. Mr. President, I would like to take this opportunity to
engage in a colloquy with Senator Inhofe, Senator Bingaman, and Senator
Jeffords regarding the disaster assistance provisions of H.J. Res. 63
to approve and extend the Compacts of Free Association between the U.S.
and the Federated States of Micronesia, FSM, and the U.S. and the
Republic of the Marshall Islands, RMI.
Mr. BINGAMAN. Certainly.
Mr. DOMENICI. Under the current compact, the disaster assistance
programs of the Federal Emergency Management Agency, FEMA, have been
available to the FSM and RMI since 1986. Located in the western
Pacific, the RMI and FSM are vulnerable to typhoons and experience
periodic droughts in connection with the El Nino weather pattern. This
vulnerability to disasters presents risks to public health and safety,
jeopardizes the substantial investment made by the U.S. in the island's
infrastructure, and it threatens achievements of the common goal of all
three nations--promoting economic growth. Consequently, FEMA's presence
in the islands has been shown to be an essential component of the
assistance provided under the compact.
Mr. BINGAMAN. Would my colleague yield for a brief point?
Mr. DOMENICI. Yes.
Mr. BINGAMAN. As transmitted by the administration, the joint
resolution approving the amended compacts would have eliminated FEMA
and replaced it with the U.S. AID's Office of Foreign Disaster
Assistance, OFDA. However, during consideration of this joint
resolution by the Senate Committee on Energy and Natural Resources, the
Committee recommended reinstatement of FEMA's availability.
Mr. DOMENICI. That is correct. In the final days before approval of
the compacts, FEMA has transmitted a revised proposal regarding
disaster assistance that would involve both FEMA and OFDA. This new
proposal, coming at such a late stage in the process, has not been
shared with the FSM and RMI. Indeed, it is my understanding that there
are a number of questions about how the new proposal would work.
Nevertheless, the concept appears sound and staff from the committee
have worked with our colleagues on the Environment and Public Works
Committee to craft a compromise.
Mr. INHOFE. That is correct. Our staffs have been working for the
past few months on this issue. The compromise we have reached would
continue the FEMA program in the islands for the next 5 years, as
recommended by the Energy Committee. In addition, the Secretary of
State would be directed to immediately undertake negotiations, in
consultation with FEMA, with the governments of the FSM and RMI
regarding disaster assistance. Finally, if an agreement is not
concluded and legislation is not enacted which reflects the new
agreement within 5 years, then the administration's revised disaster
assistance proposal would go into effect.
Mr. JEFFORDS. That is correct. The compromise also directs the
administration to report to Congress by June 30, 2004, on the outcome
of such negotiations.
Mr. BINGAMAN. Yes. We hope and expect that an agreement will be
concluded and transmitted by next June 30 and do not believe it should
take the full 5 years.
[[Page S14226]]
Mr. DOMENICI. That is right. The Committees expect that FEMA, the
administration, and the island governments will engage in such
negotiations expeditiously and in good faith. Depending on the progress
made by June 30, 2004, the Energy and Natural Resources Committee may
hold an oversight hearing on the matter.
Mr. INHOFE. I agree with this approach.
Mr. JEFFORDS. As do I.
Mr. DOMENICI. I thank my colleagues for their support and for their
cooperation in reaching this agreement.
Mr. McCAIN. Mr. President, I ask unanimous consent that the
substitute amendment which is at the desk be agreed to, the joint
resolution, as amended, be read the third time and passed, the
amendment to the preamble which is at the desk be agreed to, the
preamble, as amended, be agreed to, the amendment to the title which is
at the desk be agreed to, the motions to reconsider be laid upon the
table en bloc, and that any statements related to the resolution be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2137) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment (No. 2138) was agreed to, as follows:
amendment no. 2138
Strike the preamble and insert the following:
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 its peoples and the freely
expressed wishes of the peoples 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 title II of
Public Law 99-239, January 14, 1986, 99 Stat. 1770, to create
and maintain a close and mutually beneficial relationship;
Whereas the United States, in accordance with section 231
of the Compact of Free Association entered into negotiations
with the Governments of the Federated States of Micronesia
and the Republic of the Marshall Islands to provide continued
United States assistance and to reaffirm its commitment to
this close and beneficial relationship; and
Whereas these negotiations, in accordance with section 431
of the Compact, resulted in 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'', and 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'', which, together with their 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 on May 14, and April 30,
2003, respectively: Now, therefore, be it
The amendment (No. 2139) was agreed to, as follows:
amendment no. 2139
Amend the title so as to read: ``A 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 Micronesia, and 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 to appropriate
funds to carry out the amended Compacts.''.
The resolution (H.J. Res. 63), as amended, was read for the third
time and passed.
The preamble, as amended, was agreed to.
The title, as amended, was agreed to.
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