§1988 United States policy regarding the Freely Associated States

Summary

Requires U.S. agencies to work with the Freely Associated States (the Federated States of Micronesia; the Republic of the Marshall Islands; and the Republic of Palau) while those countries stay party to their Compacts of Free Association. The Department of Veterans Affairs must make agreements with those governments before giving hospital or medical care there under 38 U.S.C. 1724(f). The agreements must cover how care (including telehealth), licensing, what services can be provided, delivery of medicines (including by the VA mail pharmacy), and tort/payment authority will work, and must use local laws where possible. The VA must send any agreement to Congress within 90 days (to the Senate Committees on Energy and Natural Resources, Foreign Relations, and Veterans’ Affairs and the House Committees on Natural Resources, Foreign Affairs, and Veterans’ Affairs). The VA may pay tort claims under the manner authorized in the first paragraph of section 2672 of title 28 when claims arise in the Freely Associated States in connection with VA medical care, including telehealth. During the 1-year period beginning March 9, 2024, and if funds are available, the VA must do strong outreach to each government, study delivery options under these new authorities, and increase staff as needed. For fiscal year 2024 and each year after, the U.S. must continue or make available specified education grants and higher education aid to the three Freely Associated States (including certain IDEA, ESEA, Perkins, Adult Education, and HEA Title IV programs and competitive grants) and require U.S. public colleges that take Title IV funds to charge citizens of those countries no more than in-state tuition. Except as listed, the Secretary of Education must not give formula grants to those countries. The Secretary of the Interior must coordinate with Education and HHS to avoid duplicating education aid covered by the 2023 Amended Compacts and certain U.S. programs like Head Start and parts of the HEA. The Secretary of Defense must make DoD medical facilities available on a space-available, reimbursable basis for properly referred citizens, and Congress encourages extending ASVAB testing programs to selected secondary schools there to the extent allowed under 10 U.S.C. 2164. From fiscal year 2024 through 2043, Interior must use funds under section 1990(c) to train judges and court officials in the Freely Associated States with the Ninth Circuit’s Pacific Islands Committee. HHS must make National Health Service Corps services available to residents of those states on the same terms as elsewhere, and Palau is eligible for programs under section 1921g(a) and certain agency services (Legal Services Corporation, Public Health Service, Rural Housing Service). The Treasury, with Interior and State, must consult with the Asian Development Bank and relevant international financial institutions (as defined in section 262r(c)) about economic conditions and other aid. The Secretary of State must add staff and create a unit in the Office of Australia, New Zealand, and Pacific Island Affairs to manage relations, support Compact negotiations, and coordinate implementation; not later than 5 years after March 9, 2024, at least 4 additional full‑time staff (not dual‑hatted) must be assigned, and State must cut Pacific region vacancies with incentives and report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee starting 1 year from March 9, 2024 and annually for 5 years. The authority from the Act of June 30, 1954 remains available after the 2023 Amended Compacts for FSM and RMI for transition needs such as finishing projects, ending the Trust Territory and High Court, certain health and education needs, ex gratia payments for Bikini, Enewetak, Rongelap, and Utrik, and technical assistance and training.