48 U.S.C. § 1985: Agreements with and other…

Summary

The United States must give the Republic of the Marshall Islands nonreimbursable technical help and training under the 2023 Amended Compact (sections 222 and 224). That help can include training and gear for postal inspection of illicit drugs and other contraband. The aid is to help the Marshall Islands make and enforce its own laws and to work with the United States on enforcing U.S. criminal laws. Money appropriated under subsection (j) of section 1921d may be used following section 1921b(a). Congress also restates that the old Section 177 Agreement and related laws settled the claims described in Articles X and XI as a full and final settlement, and that the 2023 Amendment does not change that. The law also restates that if new nuclear-test injuries show the Section 177 Agreement is clearly not enough, the Marshall Islands may ask Congress for help, but Congress is not required to provide funds. The Agreement’s rule to consult on its matters is also reaffirmed. Two U.S. officials who are federal officers will be voting members of the Joint Economic Management and Financial Accountability Committee. They serve 2-year terms (appointed by the Secretary of State in consultation with Treasury, and by the Secretary of the Interior in consultation with Treasury) and may be reappointed up to two more 2-year terms. At least one must have 5 years of relevant finance/accounting or program experience. Three U.S. federal officers will be voting members of the Trust Fund Committee, appointed by the Secretaries of State, Interior, and Treasury for terms up to 5 years; they may be reappointed with limits and at least two must have 5 years of relevant experience. The Secretary of the Interior must notify Congress within 90 days of appointments, send Committee reports to Congress within 90 days after the Committee gets or finishes them, and tell Congress within 90 days whether the Marshall Islands sent any required report on time. The law reaffirms health and food programs for the four atolls of Bikini, Enewetak, Rongelap, and Utrik: U.S. health services are for people affected by U.S. nuclear testing and their descendants; unspent funds are returned yearly to the Fund Manager, who will invest them and after 15 years make annual disbursements to continue payments. On request, the President must continue special medical care and support for Rongelap and Utrik residents exposed in the 1954 “Bravo” test under Public Law 95–134 and Public Law 96–205. The Secretary of the Interior may give grants for planting programs on the four atolls, and the Secretary of Agriculture may provide food programs without reimbursement.

Title 48, §1985

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Law enforcement assistance

(1)In general

Pursuant to section 222 and 224 of the 2023 Amended U.S.-RMI Compact, the United States shall provide nonreimbursable technical and training assistance, as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Republic of the Marshall Islands—

(A)to develop and adequately enforce laws of the Marshall Islands; and

(B)to cooperate with the United States in the enforcement of criminal laws of the United States.

(2)Use of appropriated funds

Funds appropriated pursuant to subsection (j) of section 1921d of this title (as amended by section 209(j)) may be used in accordance with section 1921b(a) of this title.

(b)Espousal provisions

(1)In general

Congress reaffirms that—

(A)section 1903(g)(1) of this title and section 1921b(e)(1) of this title provided that “It is the intention of the Congress of the United States that the provisions of section 177 of the Compact of Free Association and the Agreement between the Government of the United States and the Government of the Marshall Islands for the Implementation of section 177 of the Compact (hereafter in this subsection referred to as the ‘section 177 Agreement’) constitute a full and final settlement of all claims described in Articles X and XI of the section 177 Agreement, and that any such claims be terminated and barred except insofar as provided for in the section 177 Agreement.”; and

(B)section 1903(g)(2) of this title and section 1921b(e)(2) of this title provided that “In furtherance of the intention of Congress as stated in paragraph (1) of this subsection, the section 177 Agreement is hereby ratified and approved. It is the explicit understanding and intent of Congress that the jurisdictional limitations set forth in Article XII of such Agreement are enacted solely and exclusively to accomplish the objective of Article X of such Agreement and only as a clarification of the effect of Article X, and are not to be construed or implemented separately from Article X.”.

(2)Effect

Nothing in the 2023 Agreement to Amend the U.S.-RMI Compact affects the application of the provisions of law reaffirmed by paragraph (1).

(c)Certain section 177 Agreement provisions

Congress reaffirms that—

(1)Article IX of the Agreement Between the Government of the United States and the Government of the Marshall Islands for the Implementation of section 177 of the Compact of Free Association, done at Majuro June 25, 1983, provided that “If loss or damage to property and person of the citizens of the Marshall Islands, resulting from the Nuclear Testing Program, arises or is discovered after the effective date of this Agreement, and such injuries were not and could not reasonably have been identified as of the effective date of this Agreement, and if such injuries render the provisions of this Agreement manifestly inadequate, the Government of the Marshall Islands may request that the Government of the United States provide for such injuries by submitting such a request to the Congress of the United States for its consideration. It is understood that this Article does not commit the Congress of the United States to authorize and appropriate funds.”; and

(2)section 3(a) of Article XIII of the agreement described in paragraph (1) provided that “The Government of the United States and the Government of the Marshall Islands shall consult at the request of either of them on matters relating to the provisions of this Agreement.”.

(d)United States appointees to Joint Economic Management and Financial Accountability Committee

(1)In general

The 2 United States appointees (which are composed of the United States chair and 1 other member from the Government of the United States) to the Joint Economic Management and Financial Accountability Committee established under section 214 of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall—

(A)be voting members of the Committee; and

(B)continue to be officers or employees of the Federal Government.

(2)Term; appointment

The 2 United States members of the Committee described in paragraph (1) shall be appointed for a term of 2 years as follows:

(A)1 member shall be appointed by the Secretary of State, in consultation with the Secretary of the Treasury.

(B)1 member shall be appointed by the Secretary of the Interior, in consultation with the Secretary of the Treasury.

(3)Reappointment

A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.

(4)Qualifications

At least 1 United States member of the Committee appointed under paragraph (2) shall be an individual who—

(A)by reason of knowledge, experience, or training, is especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and

(B)possesses not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics.

(5)Notice

(A)In general

Not later than 90 days after the date of appointment of a United States member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).

(B)Requirement

For purposes of a statement required under subparagraph (A), in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior.

(6)Reports to Congress

Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.

(7)Notice to Congress

Not later than 90 days after the date on which the Government of the Republic of the Marshall Islands submits to the Committee a report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit to the appropriate committees of Congress—

(A)if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or

(B)if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.

(e)United States appointees to Trust Fund Committee

(1)In general

The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.

(2)Term; appointment

The 3 United States members of the Committee described in paragraph (1) shall be appointed for a term not more than 5 years as follows:

(A)1 member shall be appointed by the Secretary of State.

(B)1 member shall be appointed by the Secretary of the Interior.

(3)Reappointment

A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.

(4)Qualifications

Not fewer than 2 members of the Committee appointed under paragraph (2) shall be individuals who—

(A)by reason of knowledge, experience, or training, are especially qualified in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics; and

(B)possess not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.

(5)Notice

(A)In general

Not later than 90 days after the date of appointment of a United States Member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the appointee described in paragraph (4), subject to subparagraph (B).

(B)Requirement

For purposes of a statement required under subparagraph (A)—

(i)in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior; and

(ii)in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of the Treasury on request of the Secretary of the Interior.

(6)Reports to Congress

(7)Notice to Congress

(A)if the report is submitted by the applicable deadline, written notice attesting that the report is complete and accurate; or

(B)if the report is not submitted by the applicable deadline, written notice that the report has not been timely submitted.

(f)Four Atoll Health Care Program

Congress reaffirms that—

(1)section 1903(j)(1) of this title and section 1921b(h)(1) of this title provided that services “provided by the United States Public Health Service or any other United States agency pursuant to section 1(a) of Article II of the Agreement for the Implementation of section 177 of the Compact (hereafter in this subsection referred to as the ‘section 177 Agreement’) shall be only for services to the people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik who were affected by the consequences of the United States nuclear testing program, pursuant to the program described in Public Law 95–134 and Public Law 96–205 and their descendants (and any other persons identified as having been so affected if such identification occurs in the manner described in such public laws). Nothing in this subsection shall be construed as prejudicial to the views or policies of the Government of the Marshall Islands as to the persons affected by the consequences of the United States nuclear testing program.”;

(2)section 1903(j)(2) of this title and section 1921b(h)(2) of this title provided that “at the end of the first year after the effective date of the Compact and at the end of each year thereafter, the providing agency or agencies shall return to the Government of the Marshall Islands any unexpended funds to be returned to the Fund Manager (as described in Article I of the section 177 Agreement) to be covered into the Fund to be available for future use.”; and

(3)section 1903(j)(3) of this title and section 1921b(h)(3) of this title provided that “the Fund Manager shall retain the funds returned by the Government of the Marshall Islands pursuant to paragraph (2) of this subsection, shall invest and manage such funds, and at the end of 15 years after the effective date of the Compact, shall make from the total amount so retained and the proceeds thereof annual disbursements sufficient to continue to make payments for the provision of health services as specified in paragraph (1) of this subsection to such extent as may be provided in contracts between the Government of the Marshall Islands and appropriate United States providers of such health services.”.

(g)Radiological health care program

Notwithstanding any other provision of law, on the request of the Government of the Republic of the Marshall Islands, the President (through an appropriate department or agency of the United States) shall continue to provide special medical care and logistical support for the remaining members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear “Bravo” test, pursuant to Public Law 95–134 (91 Stat. 1159) and Public Law 96–205 (94 Stat. 84).

(h)Agricultural and food programs

(1)In general

Congress reaffirms that—

(A)section 1903(h)(2) of this title and section 1921b(f)(2)(A) of this title provided that notwithstanding “any other provision of law, upon the request of the Government of the Marshall Islands, for the first fifteen years after the effective date of the Compact, the President (either through an appropriate department or agency of the United States or by contract with a United States firm or by a grant to the Government of the Republic of the Marshall Islands which may further contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands) shall provide technical and other assistance without reimbursement, to continue the planting and agricultural maintenance program on Enewetak; without reimbursement, to continue the food programs of the Bikini, Rongelap, Utrik, and Enewetak people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of section 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes.”;

(B)section 1903(h)(2) of this title and section 1921b(f)(2)(B) of this title provided that “The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs.”; and

(C)section 1903(h)(3) of this title and section 1921b(f)(3) of this title provided that “payments under this subsection shall be provided to such extent or in such amounts as are necessary for services and other assistance provided pursuant to this subsection. It is the sense of Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will be given to such additional funding for these programs as may be necessary.”.

(2)Planting and agricultural maintenance program

The Secretary of the Interior may provide grants to the Government of the Republic of the Marshall Islands to carry out a planting and agricultural maintenance program on Bikini, Enewetak, Rongelap, and Utrik.

(3)Food programs

The Secretary of Agriculture may provide, without reimbursement, food programs to the people of the Republic of the Marshall Islands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 209(j), referred to in subsec. (a)(2), means section 209(j) of title II of div. G of Pub. L. 118–42. Public Law 95–134, referred to in subsecs. (f)(1) and (g), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables. Public Law 96–205, referred to in subsecs. (f)(1) and (g), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Tables.

§1985 Agreements with and Other Provisions Related to the Republic of the Marshall Islands

Summary

Title 48, §1985

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata