
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-504 Section 2]
[CITE: 48USC1904]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
           CHAPTER 18--MICRONESIA, MARSHALL ISLANDS, AND PALAU
 
              SUBCHAPTER I--MICRONESIA AND MARSHALL ISLANDS
 
Sec. 1904. Interpretation of and United States policy regarding 
        Compact of Free Association
        

(a) Human rights

    In approving the Compact, the Congress notes the conclusion in the 
Statement of Intent of the Report of The Future Political Status 
Commission of the Congress of Micronesia in July, 1969, that ``our 
recommendation of a free associated state is indissolubly linked to our 
desire for such a democratic, representative, constitutional 
government'' and notes that such desire and intention are reaffirmed and 
embodied in the Constitutions of the Federated States of Micronesia and 
the Marshall Islands. The Congress also notes and specifically endorses 
the preamble to the Compact, which affirms that the governments of the 
parties to the Compact are founded upon respect for human rights and 
fundamental freedoms for all. The Secretary of State shall include in 
the annual reports on the status of internationally recognized human 
rights in foreign countries, which are submitted to the Congress 
pursuant to sections 116 and 502B of the Foreign Assistance Act of 1961 
[22 U.S.C. 2151n, 2304], a full and complete report regarding the status 
of internationally recognized human rights in the Federated States of 
Micronesia and the Marshall Islands.

(b) Immigration

    The rights of a bona fide naturalized citizen of the Marshall 
Islands or the Federated States of Micronesia to enter the United 
States, to lawfully engage therein in occupations, and to establish 
residence therein as a non-immigrant, pursuant to the provisions of 
section 141(a)(3) of the Compact, shall not extend to any such 
naturalized citizen with respect to whom circumstances associated with 
the acquisition of the status of a naturalized citizen are such as to 
allow a reasonable inference, on the part of appropriate officials of 
the United States and subject to United States procedural requirements, 
that such naturalized status was acquired primarily in order to obtain 
such rights.

(c) Nonalienation of lands

    The Congress endorses and encourages the maintenance of the policies 
of the Government of the Federated States of Micronesia and the 
Government of the Marshall Islands to regulate, in accordance with their 
Constitutions and laws, the alienation of permanent and long-term 
interests in real property so as to restrict the acquisition of such 
interests to persons of Federated States of Micronesia citizenship and 
Marshall Islands citizenship, respectively.

(d) Nuclear waste disposal

    In approving the Compact, the Congress understands that the 
Government of the Federated States of Micronesia and the Government of 
the Marshall Islands will not permit any other government or any 
nongovernmental party to conduct, in the Marshall Islands or in the 
Federated States of Micronesia, any of the activities specified in 
subsection (a) of section 314 of the Compact.

(e) Impact of Compact on U.S. areas

                (1) Statement of congressional intent

        In approving the Compact, it is not the intent of the Congress 
    to cause any adverse consequences for the United States territories 
    and commonwealths or the State of Hawaii.

               (2) Annual reports and recommendations

        One year after January 14, 1986, and at one year intervals 
    thereafter, the President shall report to the Congress with respect 
    to the impact of the Compact on the United States territories and 
    commonwealths and on the State of Hawaii. Reports submitted pursuant 
    to this paragraph (hereafter in this subsection referred to as 
    ``reports'') shall identify any adverse consequences resulting from 
    the Compact and shall make recommendations for corrective action to 
    eliminate those consequences. The reports shall pay particular 
    attention to matters relating to trade, taxation, immigration, labor 
    laws, minimum wages, social systems and infrastructure, and 
    environmental regulation. With regard to immigration, the reports 
    shall include statistics concerning the number of persons availing 
    themselves of the rights described in section 141(a) of the Compact 
    during the year covered by each report. With regard to trade, the 
    reports shall include an analysis of the impact on the economy of 
    American Samoa resulting from imports of canned tuna into the United 
    States from the Federated States of Micronesia and the Marshall 
    Islands.

                           (3) Other views

        In preparing the reports, the President shall request the views 
    of the Government of the State of Hawaii, and the governments of 
    each of the United States territories and commonwealths, the 
    Federated States of Micronesia, the Marshall Islands, and Palau, and 
    shall transmit the full text of any such views to the Congress as 
    part of such reports.

     (4) Commitment of Congress to redress adverse consequences

        The Congress hereby declares that, if any adverse consequences 
    to United States territories and commonwealths or the State of 
    Hawaii result from implementation of the Compact of Free 
    Association, the Congress will act sympathetically and expeditiously 
    to redress those adverse consequences.

     (5) ``United States territories and commonwealths'' defined

        As used in this subsection, the term ``United States territories 
    and commonwealths'' means the Commonwealth of Puerto Rico, the 
    Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
    Northern Mariana Islands.

                          (6) Impact costs

        There are hereby authorized to be appropriated for fiscal years 
    beginning after September 30, 1985, such sums as may be necessary to 
    cover the costs, if any, incurred by the State of Hawaii, the 
    territories of Guam and American Samoa, and the Commonwealth of the 
    Northern Mariana Islands resulting from any increased demands placed 
    on educational and social services by immigrants from the Marshall 
    Islands and the Federated States of Micronesia.

(f) Fisheries management

    In clarification of Title One, Article II, section 121(b)(1) of the 
Compact:
        (1) Nothing in the Compact or this joint resolution shall be 
    interpreted as recognition by the United States of any claim by the 
    Federated States of Micronesia or by the Marshall Islands to 
    jurisdiction or authority over highly migratory species of fish 
    during the time such species of fish are found outside the 
    territorial sea of the Federated States of Micronesia or the 
    Marshall Islands.
        (2) It is the understanding of Congress that none of the monies 
    made available pursuant to the Compact or this joint resolution will 
    be used by either the Federated States of Micronesia or the Marshall 
    Islands for enforcement actions against any vessel of the United 
    States on the basis of fishing by any such vessel for highly 
    migratory species of fish outside the territorial sea of the 
    Federated States of Micronesia or the Marshall Islands, 
    respectively, in the absence of a licensing agreement.
        (3) Appropriate United States officials shall apply the policies 
    and provisions of the Magnuson-Stevens Fishery Conservation and 
    Management Act (16 U.S.C. 1801 et seq.) and the Fishermen's 
    Protective Act of 1967 (22 U.S.C. 1971 et seq.) with regard to any 
    action taken by the Federated States of Micronesia or the Marshall 
    Islands affecting any vessel of the United States engaged in fishing 
    for highly migratory species of fish in waters outside the 
    territorial seas of the Federated States of Micronesia or the 
    Marshall Islands, respectively. For the purpose of applying the 
    provisions of section 5 of the Fishermen's Protective Act of 1967 
    (22 U.S.C. 1975), monies made available to either the Federated 
    States of Micronesia or the Marshall Islands pursuant to the 
    provisions of the Compact or this joint resolution shall be treated 
    as ``assistance to the government of such country under the Foreign 
    Assistance Act of 1961'' [22 U.S.C. 2151 et seq.]. For purposes of 
    this Act only, certification by the President in accordance with 
    such section 5 shall be accompanied by a report to Congress on the 
    basis for such certification, and such certification shall have no 
    effect if by law Congress so directs prior to the expiration of 60 
    days during which Congress is in continuous session following the 
    date of such certification.
        (4) For the purpose of paragraphs (1) and (3) of this 
    subsection--
            (A) The term ``vessel of the United States'' has the same 
        meaning as provided in the first section of the Fishermen's 
        Protective Act of 1967 (22 U.S.C. 1971).
            (B) The terms ``fishing'' and ``highly migratory species'' 
        have the same meanings as provided in paragraphs (10) and 
        (14),\1\ respectively, of section 3 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1802(10) and 
        (14)).
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    \1\ See References in Text note below.

        (5)(A) It is the policy of the United States of America--
            (i) to negotiate and conclude with the governments of the 
        Central, Western, and South Pacific Ocean, including the 
        Federated States of Micronesia and the Marshall Islands, a 
        regional licensing agreement setting forth agreed terms of 
        access for United States tuna vessels fishing in the region; and
            (ii) that such an agreement should overcome existing 
        jurisdictional differences and provide for a mutually beneficial 
        relationship between the United States and the Pacific Island 
        States that will promote the development of the tuna and other 
        latent fisheries resources of the Central, Western, and South 
        Pacific Ocean and the economic development of the region.

        (B) At such time as an agreement referred to in subparagraph (A) 
    is submitted to the Senate for advice and consent to ratification, 
    the Secretary of State, after consultation with the Secretary of 
    Commerce and other interested agencies and concerned governments, 
    shall submit to the Congress a proposed long term regional fisheries 
    development program which may include, but not be limited to--
            (i) exploration for, and stock assessment of, tuna and other 
        fish;
            (ii) improvement of harvesting techniques;
            (iii) gear development;
            (iv) biological resource monitoring;
            (v) education and training in the field of fisheries; and
            (vi) regional and direct bilateral assistance in the field 
        of fisheries.

(g) Foreign loans

    The Congress hereby reaffirms the United States position that the 
United States Government is not responsible for foreign loans or debt 
obtained by the Governments of the Federated States of Micronesia and 
the Marshall Islands.

(Pub. L. 99-239, title I, Sec. 104, Jan. 14, 1986, 99 Stat. 1788; (As 
amended Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, 
Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

                       References in Text

    The Compact, referred to in text, is the Compact of Free Association 
between the Government of the United States and the Governments of the 
Marshall Islands and the Federated States of Micronesia, which is 
contained in section 201 of Pub. L. 99-239, set out as a note under 
section 1901 of this title.
    This joint resolution and this Act, referred to in subsec. (f)(1) to 
(3), is Pub. L. 99-239, Jan. 14, 1986, 99 Stat. 1770, as amended, known 
as the Compact of Free Association Act of 1985, which is classified 
principally to this subchapter and chapter 19 (Sec. 2001 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1901 of this title and Tables.
    The Magnuson-Stevens Fishery Conservation and Management Act, 
referred to in subsec. (f)(3), is Pub. L. 94-265, Apr. 13, 1976, 90 
Stat. 331, as amended, which is classified principally to chapter 38 
(Sec. 1801 et seq.) of Title 16, Conservation. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1801 of Title 16 and Tables.
    The Fishermen's Protective Act of 1967, referred to in subsec. 
(f)(3), is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, as amended, which 
is classified generally to chapter 25 (Sec. 1971 et seq.) of Title 22, 
Foreign Relations and Intercourse. For complete classification of this 
Act to the Code, see Short Title note set out under section 1971 of 
Title 22 and Tables.
    The Foreign Assistance Act of 1961, referred to in subsec. (f)(3), 
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to chapter 32 (Sec. 2151 et seq.) of Title 22. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2151 of Title 22 and Tables.
    Section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act [16 U.S.C. 1802], referred to in subsec. (f)(4)(B), was 
subsequently amended, and section 3(10) and (14) no longer define the 
terms ``fishing'' and ``highly migratory species''. However, such terms 
are defined elsewhere in that section.

                          Codification

    Section was formerly set out as a note under section 1681 of this 
title.


                               Amendments

    1996--Subsec. (f)(3), (4)(B). Pub. L. 104-208 substituted 
``Magnuson-Stevens Fishery'' for ``Magnuson Fishery''.


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.

                  Section Referred to in Other Sections

    This section is referred to in sections 1804, 1932 of this title.
