    [United States Senate Manual, 118th Congress]
    [S. Doc. 118-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 510-514]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 510]]

                        TITLE 48--TERRITORIES AND INSULAR POSSESSIONS

                     Chapter 18--MICRONESIA, MARSHALL ISLANDS, AND PALAU

           413  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 511]]

                            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 512]]

                    (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.)
           414  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 513]]

                (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 514]]

                            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