48 U.S.C. § 1987: Oversight provisions

Summary

Gives federal officials the power and duties to watch over and report on U.S. agreements with the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and Palau. The Comptroller General may use staff and powers needed to do audits and reviews under the 2023 amended Compacts and related agreements. The Comptroller General must send a report to the right Congressional committees not later than 18 months after March 9, 2024, and then every 4 years. Those reports must cover specified oversight topics for each of the three Freely Associated States and say how well U.S. administrative oversight is working. The Secretary of the Interior and the Postmaster General each get the authority they need to monitor and manage the Compact funds that go through the Interior Department account or the Postal Service Fund. Federal agencies that run programs in FSM, RMI, or Palau must coordinate with the Secretaries of State and Interior. The President must set up an Interagency Group on Freely Associated States with the Secretaries of State and Interior as co-chairs and other agency heads as members. The Group must meet at least yearly, give written advice to the President at least once a year, get input from leaders and civil society in the Freely Associated States, help review policies when asked, and work to avoid overlap between programs. The President must send Congress a report about the Group not later than 1 year after March 9, 2024, and each year after that while a Compact is in effect. Congress also reaffirms that the foreign debt of FSM, RMI, or Palau is not a U.S. obligation. The Secretary of the Interior must give Congress a compilation of the Compacts not later than 180 days after March 9, 2024. The Archivist and the Office of the Law Revision Counsel must publish and update the texts of the 2023 amendments for FSM and RMI.

Title 48, §1987

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Authorities and duties of the Comptroller General of the United States

(1)In general

The Comptroller General of the United States (including any duly authorized representative of the Comptroller General of the United States) shall have the authorities necessary to carry out the responsibilities of the Comptroller General of the United States under—

(A)the 2023 Amended U.S.-FSM Compact and related subsidiary agreements, including the authorities and privileges described in section 1921a(b) of this title;

(B)the 2023 Amended U.S.-RMI Compact and related subsidiary agreements, including the authorities and privileges described in section 1921b(k) of this title; and

(C)the 2023 U.S.-Palau Compact Review Agreement, related subsidiary agreements, and the authorities described in appendix D of the “Agreement between the Government of the United States of America and the Government of the Republic of Palau Following the Compact of Free Association section 432 Review” signed by the United States and the Republic of Palau on September 3, 2010.

(2)Reports

Not later than 18 months after March 9, 2024, and every 4 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report with respect to the Freely Associated States, including addressing—

(A)the topics described in subparagraphs (A) through (E) of section 1921c(h)(1) of this title, except that for purposes of a report submitted under this paragraph, the report shall address those topics with respect to each of the Freely Associated States; and

(B)the effectiveness of administrative oversight by the United States of the Freely Associated States.

(b)Secretary of the Interior oversight authority

The Secretary of the Interior shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the Compact of Free Association account of the Department of the Interior by section 1990(a) of this title to carry out—

(1)the 2023 Amended U.S.-FSM Compact;

(2)the 2023 Amended U.S.-RMI Compact;

(3)the 2023 U.S.-Palau Compact Review Agreement; and

(4)subsidiary agreements.

(c)Postmaster General oversight authority

The Postmaster General shall have the authority necessary to fulfill the responsibilities for monitoring and managing the funds appropriated to the United States Postal Service under paragraph (1) of section 1990(b) of this title and deposited in the Postal Service Fund under paragraph (2)(A) of that section to carry out—

(1)section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;

(2)section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;

(3)section 221(a)(2) of the U.S.-Palau Compact; and

(4)Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement.

(d)Interagency Group on Freely Associated States

(1)Establishment

The President, in consultation with the Secretary of State, the Secretary of the Interior, and the Secretary of Defense, shall establish an Interagency Group on Freely Associated States (referred to in this subsection as the “Interagency Group”).

(2)Purpose

The purposes of the Interagency Group are—

(A)to coordinate development and implementation of executive branch policies, programs, services, and other activities in or relating to the Freely Associated States; and

(B)to provide policy guidance, recommendations, and oversight to Federal agencies, departments, and instrumentalities with respect to the implementation of—

(i)the 2023 Amended U.S.-FSM Compact;

(ii)the 2023 Amended U.S.-RMI Compact; and

(iii)the 2023 U.S.-Palau Compact Review Agreement.

(3)Membership

The Interagency Group shall consist of— (A)

(B)the Secretary of the Interior, who shall serve as co-chair of the Interagency Group;

(C)the Secretary of Defense;

(D)the Secretary of the Treasury;

(E)the heads of relevant Federal agencies, departments, and instrumentalities carrying out obligations under—

(i)section 131 and 132 of the 2003 Amended U.S.-FSM Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-FSM Compact;

(ii)section 131 and 132 of the 2003 Amended U.S.-RMI Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.-RMI Compact;

(iii)section 131 and 132 and subsections (a) and (b) of section 221 of the U.S.-Palau Compact;

(iv)Article 6 of the 2023 U.S.-Palau Compact Review Agreement;

(v)any applicable subsidiary agreement; and

(vi)section 1988 of this title; and

(F)the head of any other Federal agency, department, or instrumentality that the Secretary of State or the Secretary of the Interior may designate.

(4)Duties of Secretary of State and Secretary of the Interior (5) Duties of the Interagency Group

The Secretary of State (or a senior official designee of the Secretary of State) and the Secretary of the Interior (or a senior official designee of the Secretary of the Interior) shall—

(A)co-lead and preside at a meeting of the Interagency Group not less frequently than annually;

(B)determine, in consultation with the Secretary of Defense, the agenda for meetings of the Interagency Group; and

(C)facilitate and coordinate the work of the Interagency Group.

(6)Reports

Not later than 1 year after March 9, 2024, and each year thereafter in which a Compact of Free Association with a Freely Associated State is in effect, the President shall submit to the majority leader and minority leader of the Senate, the Speaker and minority leader of the House of Representatives, and the appropriate committees of Congress a report that describes the activities and recommendations of the Interagency Group during the applicable year.

(e)Federal agency coordination

The head of any Federal agency providing programs and services to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau shall coordinate with the Secretary of the Interior and the Secretary of State regarding the provision of the programs and services.

(f)Foreign loans or debt

Congress reaffirms that—

(1)the foreign loans or debt of the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, or the Government of the Republic of Palau shall not constitute an obligation of the United States; and

(2)the full faith and credit of the United States Government shall not be pledged for the payment and performance of any foreign loan or debt referred to in paragraph (1) without specific further authorization.

(g)Compact compilation

Not later than 180 days after March 9, 2024, the Secretary of the Interior shall submit a report to the appropriate committees of Congress that includes a compilation of the Compact of Free Association with the Federated State of Micronesia, the Compact of Free Association with the Republic of Palau, and the Compact of Free Association with Republic of the Marshall Islands.

(h)Publication; Revision by Office of the Law Revision Counsel

(1)Publication

In publishing this title in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of— (A)

(B)the 2023 Agreement to Amend the U.S.-RMI Compact.

(2)Revision by Office of the Law Revision Counsel

The Office of the Law Revision Counsel is directed to revise—

(A)the 2003 Amended U.S.-FSM Compact set forth in the note following section 1921 of title 48 to reflect the amendments to the 2003 Amended U.S.-FSM Compact made by the 2023 Agreement to Amend the U.S.-FSM Compact; and

(B)the 2003 Amended U.S.-RMI Compact set forth in the note following section 1921 of title 48 to reflect the amendments to the 2003 Amended U.S.-RMI Compact made by the 2023 Agreement to Amend the U.S.-RMI Compact.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1988 of this title, referred to in subsec. (d)(3)(E)(vi), was in the original “section 209”, meaning section 209 of title II of div. G of Pub. L. 118–42, which is classified principally to section 1988 of this title. For complete classification of section 209 to the Code, see Codification note set out under section 1988 of this title and Tables. This title, referred to in subsec. (h)(1), is title II of div. G of Pub. L. 118–42, Mar. 9, 2024, 138 Stat. 419, known as the Compact of Free Association

Amendments

Act of 2024, which is classified principally to this subchapter. For complete classification of title II to the Code, see

Short Title

of 2024 Amendment note set out under section 1901 of this title and Tables.

§1987 Oversight Provisions