[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 494-498]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 494]]
TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
Chapter 18--MICRONESIA, MARSHALL ISLANDS, AND PALAU
411 Sec. 1901. 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 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.
(c) Reference to 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 Compact and certain
agreements
(1) Mutual agreement by the Government of the United
States as provided in the Compact which results in
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
[[Page 495]]
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 after
certifying to Congress that the agreements described in
section 1902 of this title and section 1903 of this title
have been concluded.
(2) Any agreement concluded with the Federated States of
Micronesia or the Marshall Islands pursuant to sections 1902
and 1903 of this title and any agreement which would amend,
change, or terminate any subsidiary agreement or portion
thereof as set forth in paragraph (4) of this subsection
shall be submitted to the Congress. No such agreement shall
take effect until after the expiration of 30 days after the
date such agreement is so submitted (excluding days on which
either House of Congress is not in session).
[[Page 496]]
(3) No agreement described in paragraph (2) shall take
effect if a joint resolution of disapproval is enacted
during the period specified in paragraph (2). For the
purpose of expediting the consideration of such a joint
resolution, a motion to proceed to the consideration of any
such joint resolution after it has been reported by an
appropriate committee shall be treated as highly privileged
in the House of Representatives. Any such joint resolution
shall be considered in the Senate in accordance with the
provisions of section 601(b) of Public Law 94-329.
(4) The subsidiary agreements or portions thereof
referred to in paragraph (2) are as follows:
(A) Articles III and IV of the agreement
referred to in section 462(b) of the Compact.
(B) Articles III, IV, V, VI, VII, VIII, IX,
X, and XI (except for Section 7 thereof) of the
agreement referred to in section 462(e) of the
Compact.
(C) Articles IV, V, X, XIV, XVI, and XVIII
of the agreement referred to in section 462(i)
of the Compact.
(D) Articles II, V, VI, VII, and VIII of the
agreement referred to in section 462(g) of the
Compact.
(E) Articles II, V, VI, and VIII of the
agreement referred to in section 462(h) of the
Compact.
(F) The Agreement set forth on pages 388
through 391 of House Document 98-192 of March
30, 1984.
(5) No agreement between the United States and the
Government of either the Federated States of Micronesia or
the Marshall Islands which would amend, change, or terminate
any subsidiary agreement or portion thereof, other than
those set forth in subsection (d) of this section or
paragraph (4) of this subsection shall take effect until the
President has transmitted such agreement to the President of
the Senate and the Speaker of the House of Representatives
together with an explanation of the agreement and the
reasons therefore. (Pub. L. 99-239, Title I, Sec. 101, Jan.
14, 1986, 99 Stat. 1773.)
412 Sec. 1931. Approval of Compact of Free Association
(a) Approval
The Compact of Free Association set forth in title II of
this joint resolution between the United States and the
Government of Palau is hereby approved, and Congress hereby
consents to the agreements as set forth on pages 154 through
405 of House Document 99-193 of April 9, 1986 (hereafter in
this joint resolution referred to as subsidiary or related
agreements), 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) Reference to 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.
[[Page 497]]
(c) Amendment, change, or termination of Compact and certain
agreements
(1) Mutual agreement by the Government of the United
States as provided in the Compact which results in
amendment, change, or termination of all or any part thereof
shall be affected 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 any agreement that may be concluded at any
time between the Government of the United States
and the Government of Palau regarding
friendship, cooperation and mutual security
concluded pursuant to sections 321 and 323 of
the Compact referred to in section 462(h);
(C) to any amendment, change, or termination
of the agreements concluded pursuant to Compact
sections 175 and 221(a)(4), 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 X of the agreement referred to in
section 462(f) of the Compact;
(iv) the agreement referred to in
section 462(g) of the Compact;
(v) Articles II, III, IV, V, VI, and VII
of the agreement referred to in section
462(h) of the Compact; and
(vi) Articles VI, XV, and XVII of the
agreement referred to in section 462(i) of
the Compact.
(d) Effective date
(1) The authority of the President to agree to an
effective date for the Compact of Free Association between
the United States and Palau concurrently with termination of
the Trusteeship shall be carried out in accordance with this
section, and the Compact shall not take effect until after--
(A) The President has certified to the
Congress that the Compact has been approved in
accordance with Section 411(a) and (b) of the
Compact, and that there exists no legal
impediment to the ability of the United States
to carry out fully its responsibilities and to
exercise its rights under Title Three of the
Compact, as set forth in this Act, and
(B) enactment of a joint resolution which
has been reported by the Committee on Energy and
Natural Resources of the Senate and the
Committees on Interior and Insular Affairs and
Foreign Affairs and other appropriate Committees
of the House of Representatives authorizing
entry into force of the Compact, and
(C) agreements have been concluded with
Palau which satisfy the requirements of section
1902 of this title. For the purpose of
[[Page 498]]
this subsection the word ``Palau'' shall be
substituted for ``Federated States of
Micronesia'' whenever it appears in section 1902
of this title.
(2) Any agreement concluded with Palau pursuant to
subparagraph (C) of paragraph (1) and any agreement which
would amend, change, or terminate any subsidiary agreement
or related agreement, or portion thereof, as set forth in
paragraph (4) of this subsection shall be submitted to the
Congress. No such agreement shall take effect until after
the expiration of 30 days after the date such agreement is
so submitted (excluding days on which either House of
Congress is not in session).
(3) No agreement described in paragraph (2) shall take
effect if a joint resolution of disapproval is enacted
during the period specified in paragraph (2). For the
purpose of expediting the consideration of such a joint
resolution, a motion to proceed to the consideration of any
such joint resolution after it has been reported by an
appropriate committee shall be treated as highly privileged
in the House of Representatives. Any such joint resolution
shall be considered in the Senate in accordance with the
provisions of section 601(b) of Public Law 94-329.
(4) The subsidiary agreement of portions thereof
referred to in paragraph (2) are as follows:
(A) Articles III and IV of the agreement
referred to in section 462(b) of the Compact.
(B) Articles III, IV, V, VI, VII, VIII, IX,
and X (except for section 7 thereof) of the
agreement referred to in section 462(f) of the
Compact.
(C) Articles IV, V, X, XIV, XVI, and XVIII
of the agreement referred to in section 462(i)
of the Compact.
(D) Articles II, V, VI, VII, and VIII of the
agreement referred to in section 462(h) of the
Compact.
(E) The agreement referred to in section
462(j) of the Compact.
(5) No agreement between the United States and the
Government of Palau which would amend, change, or terminate
any subsidiary or related agreement, or portion thereof,
other than those set forth in subsection (d) of this section
or paragraph (4) of this subsection, shall take effect until
the President has transmitted such an agreement to the
President of the Senate and the Speaker of the House of
Representatives, together with an explanation of the
agreement and the reasons therefor. (Pub. L. 99-658, Title
I, Sec. 101, Nov. 14, 1986, 100 Stat. 3673.)
49 u.s.c.--transportation
united states senate procedures enacted in law