48 USC 1901 - Approval of Compact of Free Association

U.S Code last checked for updates: Nov 25, 2024

§ 1901.

Approval of Compact of Free Association

(a)

Federated States of Micronesia

(b)

Marshall Islands

(c)

Reference to Compact

(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 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

(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).

(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, § 101, Jan. 14, 1986, 99 Stat. 1773.)

cite as: 48 USC 1901