48 U.S.C. § 1921 — Approval of U.S.-FSM Compact of Free Association and the U.S.-RMI Compact of Free Association; references to subsidiary agreements or separate agreements

(a) Federated States of Micronesia. Congress approves the amended U.S.-FSM Compact set out in Title II, section 201(a), and consents to the subsidiary and amended subsidiary agreements listed in section 462 of that Compact. This includes Article X of the Federal Programs and Services Agreement, as amended by the June 30, 2004 agreement. Those agreements are authority for implementing their provisions. Subject to this joint resolution, the President may agree under section 411 of the U.S.-FSM Compact to an effective date and then implement the Compact. (b) Republic of the Marshall Islands. Congress approves the amended U.S.-RMI Compact set out in Title II, section 201(b), and consents to the subsidiary and amended subsidiary agreements listed in section 462 of that Compact. This includes Article X of the Federal Programs and Services Agreement, as amended by the June 18, 2004 agreement. Those agreements are authority for implementing their provisions. Subject to this joint resolution, the President may agree under section 411 of the U.S.-RMI Compact to an effective date and then implement the Compact. (c) References. (1) Except for references in Title II, “the Compact” means the Compact of Free Association in Title II of Public Law 99-239, January 14, 1986, 99 Stat. 1770. “U.S.-FSM Compact” means the amended Compact between the United States and the Federated States of Micronesia in Title II, section 201(a), of this joint resolution. “U.S.-RMI Compact” means the amended Compact between the United States and the Marshall Islands in Title II, section 201(b). (2) “Subsidiary agreements” and “separate agreements” mean the agreements listed in section 462 of the U.S.-FSM Compact and U.S.-RMI Compact, plus other agreements the United States may enter into with either or both governments under those Compacts. (d) Amendments, changes, or termination. (1) A change or termination, by mutual agreement or unilateral United States action, of all or part of either Compact cannot take effect until Congress includes it in an Act of Congress. (2) This rule applies to: (A) all United States actions under either Compact, including actions under sections 431, 441, or 442; (B) changes or termination of the specified United States–FSM friendship, cooperation, and mutual-security agreement and the specified United States–Marshall Islands mutual-security agreement; (C) changes or termination of agreements made under Compact section 177 and U.S.-FSM section 215(a) or U.S.-RMI section 216(a), whose terms are incorporated into the Compacts; and (D) these subsidiary-agreement provisions: (i) Articles III, IV, and X of the agreement in U.S.-RMI section 462(b)(6); (ii) Articles III and IV of the agreement in U.S.-FSM section 462(b)(6); and (iii) Articles VI, XV, and XVII of the agreement in section 462(b)(7) of both Compacts. (e) Bilateral treatment. For implementing the Compacts and this joint resolution, the agreement under Compact section 234, listed in U.S.-FSM section 462(a)(1) and U.S.-RMI section 462(a)(4), is treated as a bilateral agreement between the United States and each other party. No other party’s consent or concurrence is needed for United States action taken with either Micronesia or the Marshall Islands to implement, modify, suspend, or terminate that agreement or a provision of it, as to the shared responsibilities of the United States and the party acting with the United States. (f) Future amendments. An agreement between the United States and either government that would amend, change, or terminate a subsidiary agreement or part of one, other than an agreement covered by subsection (d), cannot take effect until 90 days after the President sends it to the Senate President and House Speaker with an explanation and reasons. For the agreement in section 462(b)(3) of both Compacts, the transmittal must also include the Secretary of Labor’s specific statement about the necessity and impact of the proposed action.