Title 48, Territories and Insular PossessionsRelease 119-110
§1989 Additional Authorities
Title 48 › CHAPTER 18 — MICRONESIA, MARSHALL ISLANDS, AND PALAU › SUBCHAPTER IV — MICRONESIA, MARSHALL ISLANDS, AND PALAU: 2023 AGREEMENTS › § 1989
Summary
Federal agencies must get money directly to carry out certain Compact obligations, services, and programs. The covered programs are those listed in the 2023 Amended U.S.–FSM Compact, the 2023 Amended U.S.–RMI Compact, the U.S.–Palau Compact, the 2023 U.S.–Palau Compact Review Agreement, any FDIC agreements with Palau, and the matters in 48 U.S.C. 1988. Agency heads and the FDIC may do whatever is needed to meet those obligations and may use the available funds to do it. Any help given under the listed grant and assistance provisions is extra and not counted against the payments the U.S. must make to the Federated States of Micronesia, the Marshall Islands, or Palau under the 2023 compacts or related agreements. Leftover balances for specified FSM sections (211, 212(b), 215, 217) must be handled under Article IX of the FSM Fiscal Procedures Agreement, and leftover balances for specified RMI sections (211, 213(b), 216, 218) must be handled under Article XI of the RMI Fiscal Procedures Agreement. Contributions under the 2023 compacts and review agreement may be given as U.S. grants, and funds under 48 U.S.C. 1990 may earn interest that stays in the account for the same purpose. Except where said otherwise, this does not change certain earlier Compact laws and related statutes. Finally, funds put into the FSM and RMI trust funds or made available as grants for FY2024 or later will be governed by the new 2023 trust and fiscal procedures agreements when those agreements take effect, with a few specified modifications for federal programs and services.
Full Legal Text
Title 48, §1989
Territories and Insular Possessions, Source: USLM XML via OLRC
(a)Agencies, departments, and instrumentalities
(1)In general
Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall be made directly to the Federal agencies, departments, and instrumentalities carrying out the obligations, services and programs.
(2)Obligations, services, and programs described
The obligations, services, and programs referred to in paragraphs (1) and (3) are the obligations, services, and programs under—
(A)section 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-FSM Compact;
(B)section 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-RMI Compact;
(C)section 131 and 132 and paragraphs (1), (3), and (4) of section 221(a) of the U.S.-Palau Compact;
(D)Article 6 of the 2023 U.S.-Palau Compact Review Agreement;
(E)with respect to the Federal Deposit Insurance Corporation, any applicable Federal programs and services agreement between the United States and the Republic of Palau; and
(F)section 1988 of this title.
(3)Authority
The heads of the Federal agencies, departments, and instrumentalities to which appropriations are made available under paragraph (1) as well as the Federal Deposit Insurance Corporation shall—
(A)have the authority to carry out any activities that are necessary to fulfill the obligations, services, and programs described in paragraph (2); and
(B)use available funds to carry out the activities under subparagraph (A).
(b)Additional assistance
Any assistance provided pursuant to section 1921d(j) of this title (as amended by section 209(j)) and section 1984(a), 1985(a), 1986(b), and 1988 of this title shall be in addition to and not charged against any amounts to be paid to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau pursuant to—
(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; or
(4)any related subsidiary agreement.
(c)Remaining balances
Notwithstanding any other provision of law, including section 109 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(1)remaining balances appropriated to carry out section 211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, shall be programmed pursuant to Article IX of the 2023 U.S.-FSM Fiscal Procedures Agreement; and
(2)remaining balances appropriated to carry out section 211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be programmed pursuant to Article XI of the 2023 U.S.-RMI Fiscal Procedures Agreement.
(d)Grants
Notwithstanding any other provision of law—
(1)contributions under the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact may be provided as grants for purposes of implementation of the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact under the laws of the United States; and
(2)funds appropriated pursuant to section 1990 of this title may be deposited in interest-bearing accounts and any interest earned may be retained in and form part of those accounts for use consistent with the purpose of the deposit.
(e)Rule of construction
Except as specifically provided, nothing in this subchapter or the amendments made by this title amends the following:
(1)Title I of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 et seq.).
(2)Title I of Public Law 99–658 (48 U.S.C. 1931 et seq.).
(3)Title I of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.).
(4)section 1259C of the National Defense Authorization Act for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115–91).
(5)The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 635).
(f)Clarification relating to appropriated funds
Notwithstanding section 109 of the Compacts of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)—
(1)funds appropriated by that section and deposited into the RMI Compact Trust Fund shall be governed by the 2023 U.S.-RMI Trust Fund Agreement on entry into force of the 2023 U.S.-RMI Trust Fund Agreement;
(2)funds appropriated by that section and deposited into the FSM Compact Trust Fund shall be governed by the 2023 U.S.-FSM Trust Fund Agreement on entry into force of the 2023 U.S.-FSM Trust Fund Agreement;
(3)funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 211(b) of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement;
(4)funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as modified in the Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands; and
(5)funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-FSM Amended Compact shall be subject to the provisions of the 2023 U.S.-FSM Fiscal Procedures Agreement on entry into force of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as modified in the 2023 U.S.-FSM Federal Programs and Services Agreement.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1988 of this title, referred to in subsecs. (a)(2)(F) and (b), was in the original a reference to 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. section 209(j), referred to in subsec. (b), means section 209(j) of title II of div. G of Pub. L. 118–42. This subchapter, referred to in subsec. (e), was in the original “this title”, meaning title II of div. G of Pub. L. 118–43, 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. The
Amendments
made by this title, referred to in subsec. (e), are the
Amendments
made by title II of div. G of Pub. L. 118–42, Mar. 9, 2024, 138 Stat. 419. 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. The Compact of Free Association Act of 1985, referred to in subsec. (e)(1), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770. Title I of the Act is classified generally to part A (§ 1901 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 1901 of this title and Tables. Title I of Public Law 99–658, referred to in subsec. (e)(2), is title I of Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3673, which is classified principally to part A (§ 1931 et seq.) of subchapter II of this chapter. For complete classification of title I to the Code, see Tables. The Compact of Free Association
Amendments
Act of 2003, referred to in subsec. (e)(3), is Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720. Title I of the Act is classified principally to part B (§ 1921 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see
Short Title
of 2003 Amendment note set out under section 1901 of this title and Tables. section 1259C of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (e)(4), is section 1259C of Pub. L. 115–91, which amended section 1921d of this title and enacted provisions set out as a note under section 1931 of this title. The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(5), is div. G of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 635. For complete classification of this Act to the Code, see Tables.
Amendments
2024—Subsec. (a)(2)(E), (F). Pub. L. 118–83 added subpar. (E) and redesignated former subpar. (E) as (F).
Reference
Citations & Metadata
Citation
48 U.S.C. § 1989
Title 48, Territories and Insular Possessions
Last Updated
Sep 23, 2026
Release point: 119-110