48 USC 1905 - Supplemental provisions

U.S Code last checked for updates: Apr 26, 2024

§ 1905.

Supplemental provisions

(a)

Domestic program requirements

(b)

Relations with Federated States of Micronesia and Marshall Islands

(1)

The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsibility for government to government relations between the United States and the Government with respect to whom they are appointed, consistent with the authority of the Secretary of the Interior as set forth in this section.

(2)

Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution.

(3)

All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the Interior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and services available as the Secretary of the Interior may request.

(4)

Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area.

(5)

The President is hereby authorized to appoint an Interagency Group on Freely Associated States’ Affairs to provide policy guidance to federal departments and agencies. Such interagency group shall include the Secretary of the Interior and the Secretary of State.

(c)

Continuing Trust Territory authorization

The authorization provided by the Act of June 30, 1954, as amended (68 Stat. 330) shall remain available after the effective date of the Compact with respect to the Federated States of Micronesia and the Marshall Islands for the following purposes:

(1)

Prior to October 1, 1986, for any purpose authorized by the Compact or this joint resolution.

(2)

Transition purposes, including but not limited to, completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:

(1)

For fiscal year 1987, an amount not to exceed 75 per centum of the total amount appropriated for such programs for fiscal year 1986;

(2)

For fiscal year 1988, an amount not to exceed 50 per centum of the total amount appropriated for such programs for fiscal year 1986;

(3)

For fiscal year 1989, an amount not to exceed 25 per centum of the total amount appropriated for such programs for fiscal year 1986.

(d)

Medical referral debts

(1)

Federated States of Micronesia

(2)

Marshall Islands

(3)

Use of funds

(4)

Authorization of appropriations

(e)

Survivability

(f)

Registration for agents of Governments of Federated States of Micronesia and Marshall Islands

(1)

In general

(2)

Exception

(3)

Resident representative exemption

(g)

Noncompliance sanctions

(1)

Authority of President

The President of the United States shall have no authority to suspend or withhold payments or assistance with respect to—

(A)

section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or

(B)

any agreements made pursuant to such sections of the Compact,

unless such suspension or withholding is imposed as a sanction due to noncompliance by the Government of the Federated States of Micronesia or the Government of the Marshall Islands (as the case may be) with the obligations and requirements of such sections of the Compact or such agreements.

(2)

Actions incompatible with United States authority

(h)

Continuing programs and laws

(1)

Federated States of Micronesia and Marshall Islands

(A)

the Legal Services Corporation;

(B)

the Public Health Service; and

(C)

the Farmers Home Administration (in the Marshall Islands and each of the four States of the Federated States of Micronesia: Provided, that in lieu of continuation of the program in the Federated States of Micronesia, the President may agree to transfer to the Government of the Federated States of Micronesia without cost, the portfolio of the Farmers Home Loan Administration applicable to the Federated States of Micronesia and provide such technical assistance in management of the portfolio as may be requested by the Federated States of Micronesia).

(2)

Palau

(3)

Section 219 determination

(4)

Tort claims

(A)

At such time as the Trusteeship Agreement ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the Compact or this Act, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied. For purposes of this subparagraph (B),1

 So in original.

persons providing such service or carrying out such function pursuant to a contract with a federal agency shall be deemed to be an employee of the contracting federal agency.

(B)

For purposes of the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), persons providing services to the people of the atolls of Bikini, Enewetak, Rongelap, and Utrik as described in Public Law 95–134 and Public Law 96–205 pursuant to a contract with a Department or agency of the federal government shall be deemed to be an employee of the contracting Department or agency working in the United States. This subparagraph (B) shall expire when the Trusteeship Agreement is terminated with respect to the Marshall Islands.

(5)

Federal education grants

(5)

 So in original. Probably should be “(6)”.

PCB cleanup

(i)

College of Micronesia; education programs

(1)

College of Micronesia

(2)

Federal education programs

Pursuant to section 224 of the Compact and upon the request of the affected Government, any Federal program providing financial assistance for education which, as of January 1, 1985, was providing financial assistance for education to the Federated States of Micronesia or the Marshall Islands or to any institution, agency, organization, or permanent resident thereof, including the College of Micronesia System, shall continue to provide such assistance to such institutions, agencies, organizations, and residents as follows:

(A)

For the fiscal year in which the Compact becomes effective, not to exceed $13,000,000;

(B)

For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and

(C)

For the fiscal year immediately following the fiscal year described in subparagraph (B), not to exceed $4,300,000.

(3)

Authorization of appropriations

(j)

Trust Territory debts to U.S. Federal agencies

(k)

Use of DOD medical facilities

(l)

Technical assistance

(m)

Prior Service Benefits Program

(n)

Indefinite land use payments

(o)

Communicable disease control program

(p)

Trust funds

(q)

Omitted

(r)

User fees

(Pub. L. 99–239, title I, § 105, Jan. 14, 1986, 99 Stat. 1791; Pub. L. 99–396, § 20(a), Aug. 27, 1986, 100 Stat. 844; Pub. L. 99–658, title I, § 104(c), Nov. 14, 1986, 100 Stat. 3676; Pub. L. 100–369, § 9, July 18, 1988, 102 Stat. 837; Pub. L. 102–486, title XXVII, § 2704, Oct. 24, 1992, 106 Stat. 3120; Pub. L. 113–287, § 5(o)(1), Dec. 19, 2014, 128 Stat. 3272.)

cite as: 48 USC 1905