[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]


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                    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

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                        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).

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                (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.

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            (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

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                        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

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