… … … … … … … …

USC TITLE 48 CHAPTER 18 SUBCHAPTER I
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 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) of this section (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).

(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.

Source

(Pub. L. 99-239, title I, Sec. 101, Jan. 14, 1986, 99 Stat. 1773.)

REFERENCES IN TEXT

The Compact, referred to in text, is the Compact of Free
Association between the Government of the United States and the
Governments of the Marshall Islands and the Federated States of
Micronesia, which is contained in section 201 of Pub. L. 99-239,
set out below.

This joint resolution, referred to in subsecs. (a), (b), (c), and
(e), is Pub. L. 99-239, Jan. 14, 1986, 99 Stat. 1770, as amended,
known as the Compact of Free Association Act of 1985, which is
classified principally to this subchapter and chapter 19 (Sec. 2001
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note below.

For Oct. 21, 1986, as the effective date of the Compact of Free
Association with the Marshall Islands, and Nov. 3, 1986, as the
effective date of the Compact of Free Association with the
Federated States of Micronesia, referred to in subsecs. (a), (b),
and (f), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out
as a note under section 1801 of this title.

Section 601(b) of Public Law 94-329, referred to in subsec.
(f)(3), is section 601(b) of Pub. L. 94-329, title VI, June 30,
1976, 90 Stat. 765, which is not classified to the Code.

CODIFICATION

Section was formerly set out as a note under section 1681 of this
title.

SHORT TITLE

Section 1(a) of Pub. L. 99-239 provided that: ”This joint
resolution (enacting this subchapter, chapter 19 (Sec. 2001 et
seq.) of this title, and provisions set out below), together with
the Table of Contents in subsection (b) of this section (99 Stat.
1770), may be cited as the ‘Compact of Free Association Act of
1985′.”

REGULATIONS REGARDING HABITUAL RESIDENCE

Pub. L. 104-208, div. C, title VI, Sec. 643, Sept. 30, 1996, 110
Stat. 3009-708, provided that: ”Not later than 6 months after the
date of the enactment of this Act (Sept. 30, 1996), the
Commissioner of Immigration and Naturalization shall issue
regulations governing rights of ‘habitual residence’ in the United
States under the terms of the following:

”(1) The Compact of Free Association between the Government of
the United States and the Governments of the Marshall Islands and
the Federated States of Micronesia (48 U.S.C. 1901 note).

”(2) The Compact of Free Association between the Government of
the United States and the Government of Palau (48 U.S.C. 1931
note).”

RATIFICATION OF CERTAIN AGREEMENTS BETWEEN UNITED STATES AND
GOVERNMENTS OF REPUBLIC OF MARSHALL ISLANDS AND FEDERATED STATES OF
MICRONESIA

Pub. L. 101-62, July 26, 1989, 103 Stat. 162, provided: ”That,
pursuant to section 101(d) of Public Law 99-239 (48 U.S.C.
1901(d)), the following agreements are approved and shall enter
into force in accordance with their terms:

”(1) ‘Agreement Between the Government of the United States
and the Government of the Republic of the Marshall Islands to
Amend the Governmental Representation Provisions of the Compact
of Free Association Pursuant to section 432 of the Compact’,
signed on March 18, 1988; and

”(2) ‘Agreement Between the Government of the United States
and the Government of the Federated States of Micronesia to Amend
the Governmental Representation Provisions of the Compact of Free
Association Pursuant to section 432 of the Compact’, signed on
March 9, 1988.”

RECITAL CLAUSES

Pub. L. 99-239 which enacted this subchapter and chapter 19 of
this title contained several ”Whereas” clauses reading as
follows:

”Whereas the United States, in accordance with the Trusteeship
Agreement, the Charter of the United Nations and the objectives of
the international trusteeship system, has promoted the development
of the peoples of the Trust Territory toward self-government or
independence as appropriate to the particular circumstances of the
Trust Territory and its peoples and the freely expressed wishes of
the peoples concerned; and

”Whereas the United States, in response to the desires of the
peoples of the Federated States of Micronesia and the Marshall
Islands expressed through their freely-elected representatives and
by the official pronouncements and enactments of their lawfully
constituted governments, and in consideration of its own
obligations under the Trusteeship Agreement to promote
self-determination, entered into political status negotiations with
representatives of the peoples of the Federated States of
Micronesia, and the Marshall Islands; and

”Whereas these negotiations resulted in the ‘Compact of Free
Association’ (set out below) which, together with its related
agreements, was signed by the United States and by the Federated
States of Micronesia and the Republic of the Marshall Islands on
October 1, 1982 and June 25, 1983, respectively; and

”Whereas the Compact of Free Association was approved by
majorities of the peoples of the Federated States of Micronesia and
the Marshall Islands in United Nations-observed plebiscites
conducted on June 21, 1983 and September 7, 1983, respectively; and

”Whereas the Compact of Free Association has been approved by
the Governments of the Federated States of Micronesia and the
Marshall Islands in accordance with their respective constitutional
processes, thus completing fully for the Federated States of
Micronesia and the Marshall Islands their domestic approval
processes with respect to the Compact as contemplated in Compact
Section 411”.

COMPACT OF FREE ASSOCIATION

Section 201 of Pub. L. 99-239 provided that: ”The Compact of
Free Association is as follows:

”COMPACT OF FREE ASSOCIATION
”PREAMBLE
”THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENTS OF THE MARSHALL ISLANDS AND THE FEDERATED STATES OF
MICRONESIA

”Affirming that their Governments and their relationships as
Governments are founded upon respect for human rights and
fundamental freedoms for all, and that the peoples of the Trust
Territory of the Pacific Islands have the right to enjoy
self-government; and

”Affirming the common interests of the United States of America
and the peoples of the Trust Territory of the Pacific Islands in
creating close and mutually beneficial relationships through two
free and voluntary associations of their respective Governments;
and

”Affirming the interest of the Government of the United States
in promoting the economic advancement and self-sufficiency of the
peoples of the Trust Territory of the Pacific Islands; and

”Recognizing that their previous relationship has been based
upon the International Trusteeship System of the United Nations
Charter, and in particular Article 76 of the Charter; and that
pursuant to Article 76 of the Charter, the peoples of the Trust
Territory have progressively developed their institutions of
self-government, and that in the exercise of their sovereign right
to self-determination they have, through their freely-expressed
wishes, adopted Constitutions appropriate to their particular
circumstances; and

”Recognizing their common desire to terminate the Trusteeship
and establish two new government-to-government relationships each
of which is in accordance with a new political status based on the
freely-expressed wishes of peoples of the Trust Territory of the
Pacific Islands and appropriate to their particular circumstances;
And

”Recognizing that the peoples of the Trust Territory of the
Pacific Islands have and retain their sovereignty and their
sovereign right to self-determination and the inherent right to
adopt and amend their own Constitutions and forms of government and
that the approval of the entry of their respective Governments into
this Compact of Free Association by the peoples of the Trust
Territory of the Pacific Islands constitutes an exercise of their
sovereign right to self-determination;

”NOW, THEREFORE, AGREE to enter into relationships of free
association which provide a full measure of self-government for the
peoples of the Marshall Islands and the Federated States of
Micronesia; and

”FURTHER AGREE that the relationships of free association derive
from and are as set forth in this Compact; and that, during such
relationships of free association, the respective rights and
responsibilities of the Government of the United States and the
Governments of the freely associated states of the Marshall Islands
and the Federated States of Micronesia in regard to these
relationships of free association derive from and are as set forth
in this Compact.

”TITLE ONE
”GOVERNMENTAL RELATIONS
”ARTICLE I
”SELF-GOVERNMENT

”Section 111

”The peoples of the Marshall Islands and the Federated States of
Micronesia, acting through the Governments established under their
respective Constitutions, are self-governing.

”ARTICLE II
”FOREIGN AFFAIRS

”Section 121

”(a) The Governments of the Marshall Islands and the Federated
States of Micronesia have the capacity to conduct foreign affairs
and shall do so in their own name and right, except as otherwise
provided in this Compact.

”(b) The foreign affairs capacity of the Governments of the
Marshall Islands and the Federated States of Micronesia includes:

”(1) the conduct of foreign affairs relating to law of the sea
and marine resources matters, including the harvesting,
conservation, exploration or exploitation of living and
non-living resources from the sea, seabed or subsoil to the full
extent recognized under international law;

”(2) the conduct of their commercial, diplomatic, consular,
economic, trade, banking, postal, civil aviation, communications,
and cultural relations, including negotiations for the receipt of
developmental loans and grants and the conclusion of arrangements
with other governments and international and intergovernmental
organizations, including any matters specially benefiting their
individual citizens.

”(c) The Government of the United States recognizes that the
Governments of the Marshall Islands and the Federated States of
Micronesia have the capacity to enter into, in their own name and
right, treaties and other international agreements with governments
and regional and international organizations.

”(d) In the conduct of their foreign affairs, the Governments of
the Marshall Islands and the Federated States of Micronesia confirm
that they shall act in accordance with principles of international
law and shall settle their international disputes by peaceful
means.

”Section 122

”The Government of the United States shall support applications
by the Governments of the Marshall Islands and the Federated States
of Micronesia for membership or other participation in regional or
international organizations as may be mutually agreed. The
Government of the United States agrees to accept for training and
instruction at the Foreign Service Institute, established under 22
U.S.C. 4021, citizens of the Marshall Islands and the Federated
States of Micronesia. The qualifications of candidates for such
training and instruction and all other terms and conditions of
participation by citizens of the Marshall Islands and the Federated
States of Micronesia in Foreign Service Institute programs shall be
as mutually agreed between the Government of the United States and
the Governments of the Marshall Islands and the Federated States of
Micronesia.

”Section 123

”(a) In recognition of the authority and responsibility of the
Government of the United States under Title Three, the Governments
of the Marshall Islands and the Federated States of Micronesia
shall consult, in the conduct of their foreign affairs, with the
Government of the United States.

”(b) In recognition of the respective foreign affairs capacities
of the Governments of the Marshall Islands and the Federated States
of Micronesia, the Government of the United States, in the conduct
of its foreign affairs, shall consult with the Government of the
Marshall Islands or the Federated States of Micronesia on matters
which the Government of the United States regards as relating to or
affecting any such Government.

”Section 124

”The Government of the United States may assist or act on behalf
of the Government of the Marshall Islands or the Federated States
of Micronesia in the area of foreign affairs as may be requested
and mutually agreed from time to time. The Government of the
United States shall not be responsible to third parties for the
actions of the Government of the Marshall Islands or the Federated
States of Micronesia undertaken with the assistance or through the
agency of the Government of the United States pursuant to this
Section unless expressly agreed.

”Section 125

”The Government of the United States shall not be responsible
for nor obligated by any actions taken by the Government of the
Marshall Islands or the Federated States of Micronesia in the area
of foreign affairs, except as may from time to time be expressly
agreed.

”Section 126

”At the request of the Government of the Marshall Islands or the
Federated States of Micronesia and subject to the consent of the
receiving state, the Government of the United States shall extend
consular assistance on the same basis as for citizens of the United
States to citizens of the Marshall Islands and the Federated States
of Micronesia for travel outside the Marshall Islands and the
Federated States of Micronesia, the United States and its
territories and possessions.

”Section 127

”Except as otherwise provided in this Compact or its related
agreements, all obligations, responsibilities, rights and benefits
of the Government of the United States as Administering Authority
which have resulted from the application pursuant to the
Trusteeship Agreement of any treaty or other international
agreement to the Trust Territory of the Pacific Islands on the day
preceding the effective date of this Compact are no longer assumed
and enjoyed by the Government of the United States.

”ARTICLE III
”COMMUNICATIONS

”Section 131

”(a) The Governments of the Marshall Islands and the Federated
States of Micronesia have full authority and responsibility to
regulate their respective domestic and foreign communications, and
the Government of the United States shall provide communications
assistance in accordance with the terms of a separate agreement
which shall come into effect simultaneously with this Compact, and
such agreement shall remain in effect until such time as any
election is made pursuant to Section 131(b) and which shall provide
for the following:

”(1) the Government of the United States remains the sole
administration entitled to make notification to the International
Frequency Registration Board of the International
Telecommunications Union of frequency assignments to radio
communications stations respectively in the Marshall Islands and
the Federated States of Micronesia; and to submit to the
International Frequency Registration Board seasonal schedules for
the broadcasting stations respectively in the Marshall Islands
and the Federated States of Micronesia in the bands allocated
exclusively to the broadcasting service between 5,950 and 26,100
kHz and in any other additional frequency bands that may be
allocated to use by high frequency broadcasting stations; and

”(2) the United States Federal Communications Commission has
jurisdiction, pursuant to the Communications Act of 1934, 47
U.S.C. 151 et seq., and the Communications Satellite Act of 1962,
47 U.S.C. 721 et seq., over all domestic and foreign
communications services furnished by means of satellite earth
terminal stations where such stations are owned or operated by
United States common carriers and are located in the Marshall
Islands or the Federated States of Micronesia.

”(b) The Government of the Marshall Islands or the Federated
States of Micronesia may elect at any time to undertake the
functions enumerated in Section 131(a) and previously performed by
the Government of the United States. Upon such election, the
Government of the United States shall so notify the International
Frequency Registration Board and shall take such other actions as
may be necessary to transfer to the electing Government the
notification authority referred to in Section 131(a) and all rights
deriving from the previous exercise of any such notification
authority by the Government of the United States.

”Section 132

”The Governments of the Marshall Islands and the Federated
States of Micronesia shall permit the Government of the United
States to operate telecommunications services in the Marshall
Islands and the Federated States of Micronesia to the extent
necessary to fulfill the obligations of the Government of the
United States under this Compact in accordance with the terms of
separate agreements which shall come into effect simultaneously
with this Compact.
”ARTICLE IV
”IMMIGRATION

”Section 141

”(a) Any person in the following categories may enter into,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and
possessions without regard to paragraphs (14), (20), and (26) of
section 212(a) of the Immigration and Nationality Act, 8 U.S.C.
1182(a) (14), (20), and (26):

”(1) a person who, on the day preceding the effective date of
this Compact, is a citizen of the Trust Territory of the Pacific
Islands, as defined in Title 53 of the Trust Territory Code in
force on January 1, 1979, and has become a citizen of the
Marshall Islands or the Federated States of Micronesia;

”(2) a person who acquires the citizenship of the Marshall
Islands or the Federated States of Micronesia at birth, on or
after the effective date of the respective Constitution;

”(3) a naturalized citizen of the Marshall Islands or the
Federated States of Micronesia who has been an actual resident
there for not less than five years after attaining such
naturalization and who holds a certificate of actual residence;
or

”(4) a person entitled to citizenship in the Marshall Islands
by lineal descent whose name is included in a list to be
furnished by the Government of the Marshall Islands to the United
States Immigration and Naturalization Service and any descendants
of such persons, provided that such person holds a certificate of
lineal descent issued by the Government of the Marshall Islands.

Such persons shall be considered to have the permission of the
Attorney General of the United States to accept employment in the
United States.

”(b) The right of such persons to establish habitual residence
in a territory or possession of the United States may, however, be
subjected to nondiscriminatory limitations provided for:

”(1) in statutes or regulations of the United States; or

”(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.

”(c) Section 141(a) does not confer on a citizen of the Marshall
Islands or the Federated States of Micronesia the right to
establish the residence necessary for naturalization under the
Immigration and Nationality Act, or to petition for benefits for
alien relatives under that Act. Section 141(a), however, shall not
prevent a citizen of the Marshall Islands or the Federated States
of Micronesia from otherwise acquiring such rights or lawful
permanent resident alien status in the United States.

”Section 142

”(a) Any citizen or national of the United States may enter
into, lawfully engage in occupations, and reside in the Marshall
Islands or the Federated States of Micronesia, subject to the
rights of those Governments to deny entry to or deport any such
citizen or national as an undesirable alien. A citizen or national
of the United States may establish habitual residence or domicile
in the Marshall Islands or the Federated States of Micronesia only
in accordance with the laws of the jurisdiction in which habitual
residence or domicile is sought.

”(b) With respect to the subject matter of this Section, the
Government of the Marshall Islands or the Federated States of
Micronesia shall accord to citizens and nationals of the United
States treatment no less favorable than that accorded to citizens
of other countries; any denial of entry to or deportation of a
citizen or national of the United States as an undesirable alien
must be pursuant to reasonable statutory grounds.

”Section 143

”(a) The privileges set forth in Sections 141 and 142 shall not
apply to any person who takes an affirmative step to preserve or
acquire a citizenship or nationality other than that of the
Marshall Islands, the Federated States of Micronesia or the United
States.

”(b) Every person having the privileges set forth in Sections
141 and 142 who possesses a citizenship or nationality other than
that of the Marshall Islands, the Federated States of Micronesia or
the United States ceases to have these privileges two years after
the effective date of this Compact, or within six months after
becoming 21 years of age, whichever comes later, unless such person
executes an oath of renunciation of that other citizenship or
nationality.

”Section 144

”(a) A citizen or national of the United States who, after
notification to the Government of the United States of an intention
to employ such person by the Government of the Marshall Islands or
the Federated States of Micronesia, commences employment with such
Government shall not be deprived of his United States nationality
pursuant to Section 349(a)(2) and (a)(4) of the Immigration and
Nationality Act, 8 U.S.C. 1481(a)(2) and (a)(4).

”(b) Upon such notification by the Government of the Marshall
Islands or the Federated States of Micronesia, the Government of
the United States may consult with or provide information to the
notifying Government concerning the prospective employee, subject
to the provisions of the Privacy Act, 5 U.S.C. 552a.

”(c) The requirement of prior notification shall not apply to
those citizens or nationals of the United States who are employed
by the Government of the Marshall Islands or the Federated States
of Micronesia on the effective date of this Compact with respect to
the positions held by them at that time.

”ARTICLE V
”REPRESENTATION

”Section 151

”The Government of the United States and the Government of the
Marshall Islands or the Federated States of Micronesia may
establish and maintain representative offices in the capital of the
other for the purpose of maintaining close and regular
consultations on matters arising in the course of the relationship
of free association and conducting other government business. The
Governments may establish and maintain additional offices on terms
and in locations as may be mutually agreed.
”Section 152

”(a) The premises of such representative offices, and their
archives wherever located, shall be inviolable. The property and
assets of such representative offices shall be immune from search,
requisition, attachment and any form of seizure unless such
immunity is expressly waived. Official communications in transit
shall be inviolable and accorded the freedom and protections
accorded by recognized principles of international law to official
communications of a diplomatic mission.

”(b) Persons designated by the sending Government may serve in
the capacity of its resident representatives with the consent of
the receiving Government. Such designated persons shall be immune
from civil and criminal process relating to words spoken or written
and all acts performed by them in their official capacity and
falling within their functions as such representatives, except
insofar as such immunity may be expressly waived by the sending
Government. While serving in a resident representative capacity,
such designated persons shall not be liable to arrest or detention
pending trial, except in the case of a grave crime and pursuant to
a decision by a competent judicial authority, and such persons
shall enjoy immunity from seizure of personal property, immigration
restrictions, and laws relating to alien registration,
fingerprinting, and the registration of foreign agents.

”(c) The sending Governments and their respective assets, income
and other property shall be exempt from all direct taxes, except
those direct taxes representing payment for specific goods and
services, and shall be exempt from all customs duties and
restrictions on the import or export of articles required for the
official functions and personal use of their representatives and
representative offices.

”(d) Persons designated by the sending Government to serve in
the capacity of its resident representatives shall enjoy the same
taxation exemptions as are set forth in Article 34 of the Vienna
Convention on Diplomatic Relations.

”(e) The privileges, exemptions and immunities accorded under
this Section are not for the personal benefit of the individuals
concerned but are to safeguard the independent exercise of their
official functions. Without prejudice to those privileges,
exemptions and immunities, it is the duty of all such persons to
respect the laws and regulations of the Government to which they
are assigned.

”Section 153

”(a) Any citizen or national of the United States who, after
consultation between the designating Government and the Government
of the United States, is designated by the Government of the
Marshall Islands or the Federated States of Micronesia as its
agent, shall enjoy exemption from the requirements of the laws of
the United States relating to the registration of foreign agents.
The Government of the United States shall promptly comply with a
request for consultation made by the prospective designating
Government. During the course of the consultation, the Government
of the United States may, in its discretion, and subject to the
provisions of the Privacy Act, 5 U.S.C. 552a, transmit such
information concerning the prospective designee as may be available
to it to the prospective designating Government.

”(b) Any citizen or national of the United States may be
employed by the Government of the Marshall Islands or the Federated
States of Micronesia to represent to foreign governments, officers
or agents thereof the positions of the Government of the Marshall
Islands or the Federated States of Micronesia, without regard to
the provisions of 18 U.S.C. 953.

”ARTICLE VI
”ENVIRONMENTAL PROTECTION

”Section 161

”The Governments of the United States, the Marshall Islands and
the Federated States of Micronesia declare that it is their policy
to promote efforts to prevent or eliminate damage to the
environment and biosphere and to enrich understanding of the
natural resources of the Marshall Islands and the Federated States
of Micronesia. In order to carry out this policy, the Government of
the United States and the Governments of the Marshall Islands and
the Federated States of Micronesia agree to the following mutual
and reciprocal undertakings.

”(a) The Government of the United States:

”(1) shall continue to apply the environmental controls in
effect on the day preceding the effective date of this Compact to
those of its continuing activities subject to Section 161(a)(2),
unless and until those controls are modified under Sections
161(a)(3) and 161(a)(4);

”(2) shall apply the National Environmental Policy Act of
1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its activities
under the Compact and its related agreements as if the Marshall
Islands and the Federated States of Micronesia were the United
States;

”(3) shall comply also, in the conduct of any activity
requiring the preparation of an Environmental Impact Statement
under Section 161(a)(2), with standards substantively similar to
those required by the following laws of the United States, taking
into account the particular environments of the Marshall Islands
and the Federated States of Micronesia: the Endangered Species
Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 et seq.; the Clean Air
Act, 77 Stat. 392, 42 U.S.C. Supp. 7401 et seq.; the Clean Water
Act (Federal Water Pollution Control Act), 86 Stat. 896, 33
U.S.C. 1251 et seq.; the Ocean Dumping Act (Title I of the Marine
Protection, Research and Sanctuaries Act of 1972), 86 Stat. 1053,
33 U.S.C. 1411 et seq.; the Toxic Substances Control Act, 90
Stat. 2003, 15 U.S.C. 2601 et seq.; the Resources Conservation
and Recovery Act of 1976, 90 Stat. 2796, 42 U.S.C. 6901 et seq.;
and such other environmental protection laws of the United States
as may be mutually agreed from time to time with the Government
of the Marshall Islands or the Federated States of Micronesia;
and

”(4) shall develop, prior to conducting any activity requiring
the preparation of an Environmental Impact Statement under
Section 161(a)(2), appropriate mechanisms, including regulations
or other judicially reviewable standards and procedures, to
regulate its activities governed by Section 161(a)(3) in the
Marshall Islands and the Federated States of Micronesia in a
manner appropriate to the special governmental relationship set
forth in this Compact. The agencies of the Government of the
United States designated by law to administer the laws set forth
in Section 161(a)(3) shall participate as appropriate in the
development of any regulation, standard or procedure under this
Section, and the Government of the United States shall provide
the affected Government of the Marshall Islands or the Federated
States of Micronesia with the opportunity to comment during such
development.

”(b) The Governments of the Marshall Islands and the Federated
States of Micronesia shall develop standards and procedures to
protect their environments. As a reciprocal obligation to the
undertakings of the Government of the United States under this
Article, the Governments of the Marshall Islands and the Federated
States of Micronesia, taking into account their particular
environments, shall develop standards for environmental protection
substantively similar to those required of the Government of the
United States by Section 161(a)(3) prior to their conducting
activities in the Marshall Islands and the Federated States of
Micronesia, respectively, substantively equivalent to activities
conducted there by the Government of the United States and, as a
further reciprocal obligation, shall enforce those standards.

”(c) Section 161(a), including any standard or procedure
applicable thereunder, and Section 161(b) may be modified or
superseded in whole or in part by agreement of the Government of
the United States and the Government of the Marshall Islands or the
Federated States of Micronesia.

”(d) In the event that an Environmental Impact Statement is no
longer required under the laws of the United States for major
federal actions significantly affecting the quality of the human
environment, the regulatory regime established under Sections
161(a)(3) and 161(a)(4) shall continue to apply to such activities
of the Government of the United States until amended by mutual
agreement.

”(e) The President of the United States may exempt any of the
activities of the Government of the United States under this
Compact and its related agreements from any environmental standard
or procedure which may be applicable under Sections 161(a)(3) and
161(a)(4) if the President determines it to be in the paramount
interest of the Government of the United States to do so,
consistent with Title Three of this Compact and the obligations of
the Government of the United States under international law. Prior
to any decision pursuant to this subsection, the views of the
affected Government of the Marshall Islands or the Federated States
of Micronesia shall be sought and considered to the extent
practicable. If the President grants such an exemption, to the
extent practicable, a report with his reasons for granting such
exemption shall be given promptly to the affected Government.

”(f) The laws of the United States referred to in Section
161(a)(3) shall apply to the activities of the Government of the
United States under this Compact and its related agreements only to
the extent provided for in this Section.

”Section 162

”The Government of the Marshall Islands or the Federated States
of Micronesia may bring an action for judicial review of any
administrative agency action or any activity of the Government of
the United States pursuant to Sections 161(a), 161(d) or 161(e) or
for enforcement of the obligations of the Government of the United
States arising thereunder. The United States District Court for
the District of Hawaii and the United States District Court for the
District of Columbia shall have jurisdiction over such action or
activity, and over actions brought under Section 172(b) which
relate to the activities of the Government of the United States and
its officers and employees, governed by Section 161, provided that:

”(a) Such actions may only be civil actions for any appropriate
civil relief other than punitive damages against the Government of
the United States or, where required by law, its officers in their
official capacity; no criminal actions may arise under this
Section.

”(b) Actions brought pursuant to this Section may be initiated
only by the Government concerned.

”(c) Administrative agency actions arising under Section 161
shall be reviewed pursuant to the standard of judicial review set
forth in 5 U.S.C. 706.

”(d) The District Court shall have jurisdiction to issue all
necessary processes, and the Government of the United States agrees
to submit itself to the jurisdiction of the court; decisions of the
District Court shall be reviewable in the United States Court of
Appeals for the Ninth Circuit or the United States Court of Appeals
for the District of Columbia, respectively, or in the United States
Supreme Court as provided by the laws of the United States.

”(e) The judicial remedy provided for in this Section shall be
the exclusive remedy for the judicial review or enforcement of the
obligations of the Government of the United States under this
Article and actions brought under Section 172(b) which relate to
the activities of the Government of the United States and its
officers and employees governed by Section 161.

”(f) In actions pursuant to this Section, the Governments of the
Marshall Islands and the Federated States of Micronesia shall be
treated as if they were United States citizens.

”Section 163

”(a) For the purpose of gathering data necessary to study the
environmental effects of activities of the Government of the United
States subject to the requirements of this Article, the Governments
of the Marshall Islands and the Federated States of Micronesia
shall be granted access to facilities operated by the Government of
the United States in the Marshall Islands and the Federated States
of Micronesia, to the extent necessary for this purpose, except to
the extent such access would unreasonably interfere with the
exercise of the authority and responsibility of the Government of
the United States under Title Three.

”(b) The Government of the United States, in turn, shall be
granted access to the Marshall Islands or the Federated States of
Micronesia for the purpose of gathering data necessary to discharge
its obligations under this Article, except to the extent such
access would unreasonably interfere with the exercise of the
authority and responsibility of the Government of the Marshall
Islands or the Federated States of Micronesia under Title One, and
to the extent necessary for this purpose shall be granted access to
documents and other information to the same extent similar access
is provided those Governments under the Freedom of Information Act,
5 U.S.C. 552.

”(c) The Governments of the Marshall Islands and the Federated
States of Micronesia shall not impede efforts by the Government of
the United States to comply with applicable standards and
procedures.

”ARTICLE VII
”GENERAL LEGAL PROVISIONS

”Section 171

”Except as provided in this Compact or its related agreements,
the application of the laws of the United States to the Trust
Territory of the Pacific Islands by virtue of the Trusteeship
Agreement ceases with respect to the Marshall Islands and the
Federated States of Micronesia as of the effective date of this
Compact.

”Section 172

”(a) Every citizen of the Marshall Islands or the Federated
States of Micronesia who is not a resident of the United States
shall enjoy the rights and remedies under the laws of the United
States enjoyed by any non-resident alien.

”(b) The Governments of the Marshall Islands and the Federated
States of Micronesia and every citizen of the Marshall Islands or
the Federated States of Micronesia shall be considered a ‘person’
within the meaning of the Freedom of Information Act, 5 U.S.C. 552,
and of the judicial review provisions of the Administrative
Procedure Act, 5 U.S.C. 701-706, except that only the Government of
the Marshall Islands or the Federated States of Micronesia may seek
judicial review under the Administrative Procedure Act or judicial
enforcement under the Freedom of Information Act when such judicial
review or enforcement relates to the activities of the Government
of the United States governed by Sections 161 and 162.

”Section 173

”The Governments of the United States, the Marshall Islands and
the Federated States of Micronesia agree to adopt and enforce such
measures, consistent with this Compact and its related agreements,
as may be necessary to protect the personnel, property,
installations, services, programs and official archives and
documents maintained by the Government of the United States in the
Marshall Islands and the Federated States of Micronesia pursuant to
this Compact and its related agreements and by those Governments in
the United States pursuant to this Compact and its related
agreements.

”Section 174

”Except as otherwise provided in this Compact and its related
agreements:

”(a) The Governments of the Marshall Islands and the Federated
States of Micronesia shall be immune from the jurisdiction of the
courts of the United States, and the Government of the United
States shall be immune from the jurisdiction of the courts of the
Marshall Islands and the Federated States of Micronesia.

”(b) The Government of the United States accepts responsibility
for and shall pay:

”(1) any unpaid money judgment rendered by the High Court of
the Trust Territory of the Pacific Islands against the Government
of the Trust Territory of the Pacific Islands or the Government
of the United States with regard to any cause of action arising
as a result of acts or omissions of the Government of the Trust
Territory of the Pacific Islands or the Government of the United
States prior to the effective date of this Compact;

”(2) any claim settled by the claimant and the Government of
the Trust Territory of the Pacific Islands but not paid as of the
effective date of this Compact; and

”(3) settlement of any administrative claim or of any action
before a court of the Trust Territory of the Pacific Islands,
pending as of the effective date of this Compact, against the
Government of the Trust Territory of the Pacific Islands or the
Government of the United States, arising as a result of acts or
omissions of the Government of the Trust Territory of the Pacific
Islands or the Government of the United States.

”(c) Any claim not referred to in Section 174(b) and arising
from an act or omission of the Government of the Trust Territory of
the Pacific Islands or the Government of the United States prior to
the effective date of this Compact shall be adjudicated in the same
manner as a claim adjudicated according to Section 174(d). In any
claim against the Government of the Trust Territory of the Pacific
Islands, the Government of the United States shall stand in the
place of the Government of the Trust Territory of the Pacific
Islands. A judgment on any claim referred to in Section 174(b) or
this subsection, not otherwise satisfied by the Government of the
United States, may be presented for certification to the United
States Court of Appeals for the Federal Circuit, or its successor
court, which shall have jurisdiction therefor, notwithstanding the
provisions of 28 U.S.C. 1502, and which court’s decisions shall be
reviewable as provided by the laws of the United States. The United
States Court of Appeals for the Federal Circuit shall certify such
judgment, and order payment thereof, unless it finds, after a
hearing, that such judgment is manifestly erroneous as to law or
fact, or manifestly excessive. In either of such cases the United
States Court of Appeals for the Federal Circuit shall have
jurisdiction to modify such judgment.

”(d) The Governments of the Marshall Islands and the Federated
States of Micronesia shall not be immune from the jurisdiction of
the courts of the United States, and the Government of the United
States shall not be immune from the jurisdiction of the courts of
the Marshall Islands and the Federated States of Micronesia in any
case in which the action is based on a commercial activity of the
defendant Government where the action is brought, or in a case in
which damages are sought for personal injury or death or damage to
or loss of property occurring where the action is brought.

”Section 175

”A separate agreement, which shall come into effect
simultaneously with this Compact, shall be concluded between the
Government of the United States and the Governments of the Marshall
Islands and the Federated States of Micronesia regarding mutual
assistance and cooperation in law enforcement matters including the
pursuit, capture, imprisonment and extradition of fugitives from
justice and the transfer of prisoners. The separate agreement
shall have the force of law. In the United States, the laws of the
United States governing international extradition, including 18
U.S.C. 3184, 3186 and 3188-3195, shall be applicable to the
extradition of fugitives under the separate agreement, and the laws
of the United States governing the transfer of prisoners, including
18 U.S.C. 4100-4115, shall be applicable to the transfer of
prisoners under the separate agreement.

”Section 176

”The Governments of the Marshall Islands and the Federated
States of Micronesia confirm that final judgments in civil cases
rendered by any court of the Trust Territory of the Pacific Islands
shall continue in full force and effect, subject to the
constitutional power of the courts of the Marshall Islands and the
Federated States of Micronesia to grant relief from judgments in
appropriate cases.

”Section 177

”(a) The Government of the United States accepts the
responsibility for compensation owing to citizens of the Marshall
Islands, or the Federated States of Micronesia (or Palau) for loss
or damage to property and person of the citizens of the Marshall
Islands, or the Federated States of Micronesia, resulting from the
nuclear testing program which the Government of the United States
conducted in the Northern Marshall Islands between June 30, 1946,
and August 18, 1958.

”(b) The Government of the United States and the Government of
the Marshall Islands shall set forth in a separate agreement
provisions for the just and adequate settlement of all such claims
which have arisen in regard to the Marshall Islands and its
citizens and which have not as yet been compensated or which in the
future may arise, for the continued administration by the
Government of the United States of direct radiation related medical
surveillance and treatment programs and radiological monitoring
activities and for such additional programs and activities as may
be mutually agreed, and for the assumption by the Government of the
Marshall Islands of responsibility for enforcement of limitations
on the utilization of affected areas developed in cooperation with
the Government of the United States and for the assistance by the
Government of the United States in the exercise of such
responsibility as may be mutually agreed. This separate agreement
shall come into effect simultaneously with this Compact and shall
remain in effect in accordance with its own terms.

”(c) The Government of the United States shall provide to the
Government of the Marshall Islands, on a grant basis, the amount of
$150 million to be paid and distributed in accordance with the
separate agreement referred to in this Section, and shall provide
the services and programs set forth in this separate agreement, the
language of which is incorporated into this Compact.
”Section 178
”(a) The federal agencies of the Government of the United States
which provide the services and related programs in the Marshall
Islands or the Federated States of Micronesia pursuant to Articles
II and III of Title Two are authorized to settle and pay tort
claims arising in the Marshall Islands or the Federated States of
Micronesia from the activities of such agencies or from the acts or
omissions of the employees of such agencies. Except as provided in
Section 178(b), the provisions of 28 U.S.C. 2672 and 31 U.S.C. 1304
shall apply exclusively to such administrative settlements and
payments.

”(b) Claims under Section 178(a) which cannot be settled under
Section 178(a) shall be disposed of exclusively in accordance with
Article II of Title Four. Arbitration awards rendered pursuant to
this subsection shall be paid out of funds under 31 U.S.C. 1304.

”(c) The Government of the United States and the Government of
the Marshall Islands or the Federated States of Micronesia shall,
in the separate agreements referred to in Section 232, provide for:

”(1) the administrative settlement of claims referred to in
Section 178(a), including designation of local agents in the
Marshall Islands and each State of the Federated States of
Micronesia; such agents to be empowered to accept, investigate
and settle such claims, in a timely manner, as provided in such
separate agreements; and

”(2) arbitration, referred to in Section 178(b), in a timely
manner, at a site convenient to the claimant, in the event a
claim is not otherwise settled pursuant to Section 178(a).

”(d) The provisions of Section 174(d) shall not apply to claims
covered by this Section.

”TITLE TWO
”ECONOMIC RELATIONS
”ARTICLE I
”GRANT ASSISTANCE

”Section 211

”(a) In order to assist the Governments of the Marshall Islands
and the Federated States of Micronesia in their efforts to advance
the economic self-sufficiency of their peoples and in recognition
of the special relationship that exists between them and the United
States, the Government of the United States shall provide on a
grant basis the following amounts:

”(1) to the Government of the Marshall Islands, $26.1 million
annually for five years commencing on the effective date of this
Compact, $22.1 million annually for five years commencing on the
fifth anniversary of the effective date of this Compact, and
$19.1 million annually for five years commencing on the tenth
anniversary of this Compact. Over this fifteen-year period, the
Government of the Marshall Islands shall dedicate an average of
no less than 40 percent of these amounts to the capital account
subject to provision for revision of this percentage incorporated
into the plan referred to in Section 211(b); and

”(2) to the Government of the Federated States of Micronesia,
$60 million annually for five years commencing on the effective
date of this Compact, $51 million annually for five years
commencing on the fifth anniversary of the effective date of this
Compact, and $40 million annually for five years commencing on
the tenth anniversary of the effective date of this Compact. Over
this fifteen year period, the Government of the Federated States
of Micronesia shall dedicate an average of no less than 40
percent of these amounts annually to the capital account subject
to provision for revision of this percentage incorporated into
the plan referred to in Section 211(b). To take into account the
special nature of the assistance, to be provided under this
paragraph and Sections 212(b), 213(c), 214(c), 215(a)(3),
215(b)(3), 216(a), 216(b), 221(a), and 221(b), the division of
these amounts among the national and state governments of the
Federated States of Micronesia shall be certified to the
Government of the United States by the Government of the
Federated States of Micronesia.

”(b) The annual expenditure of the grant amounts specified for
the capital account in Section 211(a) by the Governments of the
Marshall Islands and the Federated States of Micronesia shall be in
accordance with official overall economic development plans
provided by those Governments and concurred in by the Government of
the United States prior to the effective date of this Compact.
These plans may be amended from time to time by the Government of
the Marshall Islands or the Federated States of Micronesia.

”(c) The Government of the United States and the Governments of
the Marshall Islands and the Federated States of Micronesia
recognize that the achievement of the goals of the plans referred
to in Section 211(b) depends upon the availability of adequate
internal revenue as well as economic assistance from sources
outside of the Marshall Islands and the Federated States of
Micronesia, including the Government of the United States, and may,
in addition, be affected by the impact of exceptional economically
adverse circumstances. Each of the Governments of the Marshall
Islands and the Federated States of Micronesia shall therefore
report annually to the President of the United States and to the
Congress of the United States on the implementation of the plans
and on their use of the funds specified in this Article. These
reports shall outline the achievements of the plans to date and the
need, if any, for an additional authorization and appropriation of
economic assistance for that year to account for any exceptional,
economically adverse circumstances. It is understood that the
Government of the United States cannot be committed by this Section
to seek or support such additional economic assistance.

”Section 212

”In recognition of the special development needs of the
Federated States of Micronesia, the Government of the United States
shall provide to the Government of the Federated States of
Micronesia $1 million annually for fourteen years commencing on the
first anniversary of the effective date of this Compact. This
amount may be used by the Government of the Federated States of
Micronesia to defray current account expenditures attendant to the
operation of the United States military Civic Action Teams made
available in accordance with the separate agreement referred to in
Section 227.

”Section 213

”(a) The Government of the United States shall provide on a
grant basis $1.9 million annually to the Government of the Marshall
Islands in conjunction with Section 321(a). The Government of the
Marshall Islands, in its use of such funds, shall take into account
the impact of the activities of the Government of the United States
in the Kwajalein Atoll area of the Marshall Islands.

”(b) The Government of the United States shall provide on a
grant basis to the Government of the Federated States of Micronesia
the sum of $160,000 in conjunction with Section 321(a). This sum
shall be made available concurrently with the grant assistance
provided pursuant to this Article during the first year after the
effective date of this Compact. The Government of the Federated
States of Micronesia, in its use of such funds, shall take into
account the impact of the activities of the Government of the
United States in Yap State, Federated States of Micronesia.

”Section 214

”As a contribution to efforts aimed at achieving increased
self-sufficiency in energy production, the Government of the United
States shall provide on a current account grant basis for fourteen
years commencing on the first anniversary of the effective date of
this Compact the following amounts:

”(a) To the Government of the Marshall Islands, $2 million
annually.

”(b) To the Government of the Federated States of Micronesia, $3
million annually.

”Section 215

”(a) As a contribution to the current account operations and
maintenance of communications systems, the Government of the United
States shall provide on a grant basis for fifteen years commencing
on the effective date of this Compact the following amounts:

”(1) to the Government of the Marshall Islands, $300,000
annually; and

”(2) to the Government of the Federated States of Micronesia,
$600,000 annually.

”(b) For the purpose of acquiring such communications hardware
as may be located within the Marshall Islands and the Federated
States of Micronesia or for such other current or capital account
activity as may be selected, the Government of the United States
shall provide, concurrently with the grant assistance provided
pursuant to this Article during the first year after the effective
date of this Compact, the sum of $9 million to be allocated as
follows:

”(1) to the Government of the Marshall Islands, $3 million;
and

”(2) to the Government of the Federated States of Micronesia,
$6 million.

”Section 216

”(a) The Government of the United States shall provide on a
current account basis an annual grant of $5.369 million for fifteen
years commencing on the effective date of this Compact for the
purposes set forth below:

”(1) $890,000 annually for the surveillance and enforcement by
the Governments of the Marshall Islands and the Federated States
of Micronesia of their respective maritime zones;

”(2) $1.791 million annually for health and medical programs,
including referrals to hospital and treatment centers; and

”(3) $2.687 million annually for a scholarship fund or funds
to support the post-secondary education of citizens of the
Marshall Islands and the Federated States of Micronesia attending
United States accredited, post-secondary institutions in the
United States, its territories and possessions, the Marshall
Islands or the Federated States of Micronesia. The curricula
criteria for the award of scholarships shall be designed to
advance the purposes of the plans referred to in Section 211(b).

”(b) The Government of the United States shall provide the sum
of $1.333 million as a contribution to the commencement of
activities pursuant to Section 216(a)(1).

”(c) The annual grants referred to in Section 216(a) and the sum
referred to in Section 216(b) shall be made available by the
Government of the United States promptly after it receives
instruction for their distribution agreed upon by the Governments
of the Marshall Islands and the Federated States of Micronesia.

”Section 217

”Except as otherwise provided, the amounts stated in Sections
211, 212, 214, 215 and 231 shall be adjusted for each Fiscal Year
by the percent which equals two-thirds of the percentage change in
the United States Gross National Product Implicit Price Deflator,
or seven percent, whichever is less in any one year, using the
beginning of Fiscal Year 1981 as the base.

”Section 218

”If in any year the funds made available by the Government of
the United States for that year pursuant to this Article or Section
231 are not completely obligated by the recipient Go