48 U.S.C. § 1905 — Supplemental provisions

Page 243 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905 1 See References in Text note below. Congress so directs prior to the expiration of 60 days during which Congress is in continuous session following the date of such certifi- cation. (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 mi- gratory species’’ have the same meanings as provided in paragraphs (10) and (14),1 respec- tively, of section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(10) and (14)). (5)(A) It is the policy of the United States of America— (i) to negotiate and conclude with the gov- ernments of the Central, Western, and South Pacific Ocean, including the Federated States of Micronesia and the Marshall Is- lands, 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 over- come existing jurisdictional differences and provide for a mutually beneficial relation- ship between the United States and the Pa- cific Island States that will promote the de- velopment of the tuna and other latent fish- eries resources of the Central, Western, and South Pacific Ocean and the economic devel- opment 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 Sec- retary 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 Govern- ment 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, § 104, Jan. 14, 1986, 99 Stat. 1788; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 106–504, § 2, Nov. 13, 2000, 114 Stat. 2311.) Editorial Notes 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 Is- lands 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 sub- sec. (f)(1) to (3), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 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, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Con- servation. 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, which is classified generally to chapter 25 (§ 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 sub- sec. (f)(3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 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 Conserva- tion and Management Act [16 U.S.C. 1802], referred to in subsec. (f)(4)(B), was subsequently amended, and sec- tion 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 2000—Subsec. (e)(2). Pub. L. 106–504 substituted ‘‘Gov- ernor of any of the United States territories or com- monwealths or the State of Hawaii may report to the Secretary of the Interior by February 1 of each year with respect to the impacts of the compacts of free as- sociation on the Governor’s respective jurisdiction. The Secretary of the Interior shall review and forward any such reports to the Congress with the comments of the Administration. The Secretary of the Interior shall, ei- ther directly or, subject to available technical assist- ance funds, through a grant to the affected jurisdiction, provide for a census of Micronesians at intervals no greater than 5 years from each decennial United States census using generally acceptable statistical meth- odologies for each of the impact jurisdictions where the Governor requests such assistance, except that the total expenditures to carry out this sentence may not exceed $300,000 in any year.’’ for ‘‘President shall report to the Congress with respect to the impact of the Com- pact on the United States territories and common- wealths and on the State of Hawaii.’’. 1996—Subsec. (f)(3), (4)(B). Pub. L. 104–208 substituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by section 101(a) [§ 211(b)] is effective 15 days after Oct. 11, 1996. § 1905. Supplemental provisions (a) Domestic program requirements Except as may otherwise be provided in this joint resolution, all United States Federal pro- Page 244 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905 grams and services extended to or operated in the Federated States of Micronesia or the Mar- shall Islands are and shall remain subject to all applicable criteria, standards, reporting require- ments, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths). (b) Relations with Federated States of Micro- nesia and Marshall Islands (1) The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsi- bility for government to government relations between the United States and the Government with respect to whom they are appointed, con- sistent with the authority of the Secretary of the Interior as set forth in this section. (2) Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Re- public of the Marshall Islands, or for which resi- dents thereof are eligible pursuant to the Com- pact or any other provision of this joint resolu- tion, appropriations made pursuant to the Com- pact or any other provision of this joint resolu- tion may be made only to the Secretary of the Interior. The Secretary of the Interior shall co- ordinate and monitor any programs or activi- ties, including such activities for which funding is made directly to such other agencies, pro- vided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and re- lated economic development planning pursuant to the Compact or pursuant to any other author- ization except for the provisions of sections 161(e), 313, and 351 of the Compact and the au- thorization of the President to agree to an effec- tive date pursuant to this resolution. Funds ap- propriated to the Secretary of the Interior pur- suant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reim- burse Departments or agencies for purposes au- thorized by this joint resolution. (3) All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the In- terior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and serv- ices available as the Secretary of the Interior may request. (4) Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area. (5) The President is hereby authorized to ap- point an Interagency Group on Freely Associ- ated States’ Affairs to provide policy guidance to federal departments and agencies. Such inter- agency group shall include the Secretary of the Interior and the Secretary of State. (c) Continuing Trust Territory authorization The authorization provided by the Act of June 30, 1954, as amended (68 Stat. 330) shall remain available after the effective date of the Compact with respect to the Federated States of Micro- nesia and the Marshall Islands for the following purposes: (1) Prior to October 1, 1986, for any purpose authorized by the Compact or this joint reso- lution. (2) Transition purposes, including but not limited to, completion of projects and fulfill- ment of commitments or obligations; termi- nation of the Trust Territory Government and termination of the High Court; health and edu- cation as a result of exceptional cir- cumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and train- ing in financial management, program admin- istration, and maintenance of infrastructure, except that, for purposes of an orderly reduc- tion of United States programs and services in the Federated States of Micronesia, the Mar- shall Islands, and Palau, United States pro- grams or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, un- less reimbursed by the respective freely asso- ciated state, not in excess of the following amounts: (1) For fiscal year 1987, an amount not to exceed 75 per centum of the total amount ap- propriated for such programs for fiscal year 1986; (2) For fiscal year 1988, an amount not to exceed 50 per centum of the total amount ap- propriated for such programs for fiscal year 1986; (3) For fiscal year 1989, an amount not to exceed 25 per centum of the total amount ap- propriated for such programs for fiscal year 1986. (d) Medical referral debts (1) Federated States of Micronesia In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with re- spect to the Federated States of Micronesia, the United States shall make available to the Government of the Federated States of Micro- nesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micro- nesia before September 1, 1985. (2) Marshall Islands In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with re- spect to the Marshall Islands, the United States shall make available to the Govern- ment of the Marshall Islands such sums as may be necessary for the payment of the obli- gations incurred for the use of medical facili- ties in the United States, its territories and Page 245 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905 commonwealths by citizens of the Marshall Is- lands before September 1, 1985. (3) Use of funds In making funds available pursuant to this subsection, the President shall take such ac- tions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be. (4) Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary for the purposes of this subsection. (e) Survivability In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain ef- fective after the termination of the Compact by the act of any party thereto and which are af- fected in any manner by provisions of this part shall remain subject to such provisions. (f) Registration for agents of Governments of Federated States of Micronesia and Marshall Islands (1) In general Notwithstanding the provisions of Title One, Article V, section 153 of the Compact, after ap- proval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Govern- ment of the Marshall Islands or the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) that apply with respect to an agent of a foreign principal shall be sub- ject to the requirements of such Act. Failure to comply with such requirements shall sub- ject such citizen to the same penalties and provisions of law as apply in the case of the failure of such an agent of a foreign principal to comply with such requirements. For pur- poses of the Foreign Agents Registration Act of 1938, the Federated States of Micronesia and the Marshall Islands shall be considered to be foreign countries. (2) Exception Paragraph (1) of this subsection shall not apply to a citizen of the United States em- ployed by either the Government of the Mar- shall Islands or the Government of the Fed- erated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Mi- cronesia (as the case may be) whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended [22 U.S.C. 611 et seq.], that apply with respect to an agent of a foreign principal. The agency or officer of the United States re- ceiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the per- sons so certified. (3) Resident representative exemption Nothing in this subsection shall be con- strued as amending Section 152(b) of the Com- pact. (g) Noncompliance sanctions (1) Authority of President The President of the United States shall have no authority to suspend or withhold pay- ments or assistance with respect to— (A) section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or (B) any agreements made pursuant to such sections of the Compact, unless such suspension or withholding is im- posed as a sanction due to noncompliance by the Government of the Federated States of Mi- cronesia or the Government of the Marshall Islands (as the case may be) with the obliga- tions and requirements of such sections of the Compact or such agreements. (2) Actions incompatible with United States au- thority The Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Marshall Islands will not act in a manner incompatible with the au- thority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Marshall Islands pursuant to the Compact, in- cluding the agreements referred to in sections 462(j) and 462(k) thereof. The Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Mi- cronesia or the Government of the Marshall Islands to take action, including (but not lim- ited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government. (h) Continuing programs and laws (1) Federated States of Micronesia and Mar- shall Islands In addition to the programs and services set forth in section 221 of the Compact, and pursu- ant to section 224 of the Compact, the pro- grams and services of the following agencies shall be made available to the Federated States of Micronesia and to the Marshall Is- lands: (A) the Legal Services Corporation; (B) the Public Health Service; and (C) the Farmers Home Administration (in the Marshall Islands and each of the four States of the Federated States of Micro- nesia: Provided, that in lieu of continuation of the program in the Federated States of Micronesia, the President may agree to transfer to the Government of the Federated States of Micronesia without cost, the port- folio of the Farmers Home Loan Administra- tion applicable to the Federated States of Micronesia and provide such technical as- sistance in management of the portfolio as Page 246 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905 1 So in original. 2 So in original. Probably should be ‘‘(6)’’. may be requested by the Federated States of Micronesia). (2) Palau Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligi- ble for such proportion of Federal assistance as it would otherwise have been eligible to re- ceive under such laws prior to the effective date of the Compact, as provided in appropria- tion Acts or other Acts of Congress. (3) Section 219 determination The determination by the Government of the United States under section 219 of the Compact shall be as provided in appropriation Acts. (4) Tort claims (A) At such time as the Trusteeship Agree- ment ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in fur- therance of any provisions of the Compact or this Act, except for provisions of Title Three of the Compact and of the subsidiary agree- ments related to such Title, in such area to which such Agreement formerly applied. For purposes of this subparagraph (B),1 persons providing such service or carrying out such function pursuant to a contract with a federal agency shall be deemed to be an employee of the contracting federal agency. (B) For purposes of the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), persons providing services to the people of the atolls of Bikini, Enewetak, Rongelap, and Utrik as described in Public Law 95–134 and Public Law 96–205 pursu- ant to a contract with a Department or agency of the federal government shall be deemed to be an employee of the contracting Department or agency working in the United States. This subparagraph (B) shall expire when the Trust- eeship Agreement is terminated with respect to the Marshall Islands. (5) Federal education grants Pursuant to section 224 of the Compact or section 224 of the Compact with Palau (as con- tained in title II of Public Law 99–658), the Pell Grant Program, the Supplemental Edu- cational Opportunity Grant Program, and the College Work-Study Program (as authorized by title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.]) shall be extended to students who are, or will be, citizens of the Federated States of Micronesia, or the Mar- shall Islands and who attend postsecondary in- stitutions in the United States, its territories and commonwealths, the Trust Territory of the Pacific Islands, the Federated States of Micronesia, or the Marshall Islands, except that this paragraph shall not apply to any stu- dent receiving assistance pursuant to section 223 of the Compact or section 223 of the Com- pact with Palau (as contained in title II of Public Law 99–658). (5) 2 PCB cleanup The programs and services of the Environ- mental Protection Agency regarding PCB’s shall, to the extent applicable, as appropriate, and in accordance with applicable law, be con- strued to be made available to such islands. (i) College of Micronesia; education programs (1) College of Micronesia Notwithstanding any other provision of law, all funds which as of January 14, 1986, were ap- propriated for the use of the College of Micro- nesia System shall remain available for use by such college until expended. Until otherwise provided by Act of Congress, or until termi- nation of the Compact, such college shall re- tain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions. (2) Federal education programs Pursuant to section 224 of the Compact and upon the request of the affected Government, any Federal program providing financial as- sistance for education which, as of January 1, 1985, was providing financial assistance for education to the Federated States of Micro- nesia or the Marshall Islands or to any institu- tion, agency, organization, or permanent resi- dent thereof, including the College of Micro- nesia System, shall continue to provide such assistance to such institutions, agencies, orga- nizations, and residents as follows: (A) For the fiscal year in which the Com- pact becomes effective, not to exceed $13,000,000; (B) For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and (C) For the fiscal year immediately fol- lowing the fiscal year described in subpara- graph (B), not to exceed $4,300,000. (3) Authorization of appropriations There are hereby authorized to be appro- priated such sums as are necessary for pur- poses of this subsection. (j) Trust Territory debts to U.S. Federal agencies Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, inde- pendent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (k) Use of DOD medical facilities Following approval of the Compact, the Sec- retary of Defense shall make available the med- Page 247 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905 ical facilities of the Department of Defense for use by citizens of the Federated States of Micro- nesia and the Marshall Islands who are properly referred to such facilities by government au- thorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of De- fense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and di- rected to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States. (l) Technical assistance Technical assistance may be provided pursu- ant to section 226 of the Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Soil Conservation Service, the Fish and Wildlife Service, the National Ma- rine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Mi- cronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursu- ant to sections 1902(a), 1903(a), 1903(c), 1903(h), 1903(i), 1903(j), and 1903(l) of this title and sub- sections (c), (i), (j), (k), (l), (m), (n), and (o) shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Marshall Islands pursuant to the Compact or the subsidiary agreements. (m) Prior Service Benefits Program Notwithstanding any other provision of law, persons who on January 1, 1985, were eligible to receive payment under the Prior Service Bene- fits Program established within the Social Secu- rity System of the Trust Territory of the Pacific Islands because of their services performed for the United States Navy or the Government of the Trust Territory of the Pacific Islands prior to July 1, 1968, shall continue to receive such payments on and after the effective date of the Compact. (n) Indefinite land use payments There are authorized to be appropriated such sums as may be necessary to complete repay- ment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to January 1, 1985. (o) Communicable disease control program There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia such sums as may be nec- essary for purposes of establishing or continuing programs for the control and prevention of com- municable diseases, including (but not limited to) cholera and Hansen’s Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program. (p) Trust funds The responsibilities of the United States with regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Govern- ment of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands. (q) Omitted (r) User fees Any person in the Federated States of Micro- nesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States. (Pub. L. 99–239, title I, § 105, Jan. 14, 1986, 99 Stat. 1791; Pub. L. 99–396, § 20(a), Aug. 27, 1986, 100 Stat. 844; Pub. L. 99–658, title I, § 104(c), Nov. 14, 1986, 100 Stat. 3676; Pub. L. 100–369, § 9, July 18, 1988, 102 Stat. 837; Pub. L. 102–486, title XXVII, § 2704, Oct. 24, 1992, 106 Stat. 3120; Pub. L. 113–287, § 5(o)(1), Dec. 19, 2014, 128 Stat. 3272.) Editorial Notes REFERENCES IN TEXT This joint resolution and this Act, referred to in sub- secs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free As- sociation Act of 1985, which is classified principally to this part and chapter 19 (§ 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 Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Is- lands 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. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free As- sociation with the Federated States of Micronesia, re- ferred to in subsecs. (b)(2), (c), (h)(2), (j), and (m), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. Act of June 30, 1954, referred to in subsec. (c), is act June 30, 1954, ch. 423, 68 Stat. 330, which enacted sec- tions 1681 and 1681b of this title and provisions set out as notes under section 1681 of this title. For complete classification of this Act to the Code, see Tables. The Foreign Agents Registration Act of 1938, referred to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables. The Federal Tort Claims Act, referred to in subsec. (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. Page 248 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1906 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Pro- cedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Proce- dure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the begin- ning of Title 28. Public Law 95–134, referred to in subsec. (h)(4)(B), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For com- plete classification of this Act to the Code, see Tables. Public Law 96–205, referred to in subsec. (h)(4)(B), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Tables. The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Public Law 99–658, referred to in subsec. (h)(5), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672. Title II of Pub. L. 99–658 enacted section 1934 of this title and provisions set out as a note under section 1931 of this title. For complete classification of this Act to the Code, see Ta- bles. The Higher Education Act of 1965, referred to in sub- sec. (h)(5), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. CODIFICATION Subsec. (q) of this section, which required the Presi- dent to report annually to Congress on determinations made by the United States in the exercise of its author- ity under section 313 of the Compact of Free Associa- tion between the Government of the United States and the Governments of the Marshall Islands and the Fed- erated States of Micronesia, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 14th item on page 37 of House Document No. 103–7. Section was formerly set out as a note under section 1681 of this title. AMENDMENTS 2014—Subsec. (l). Pub. L. 113–287 substituted ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’. 1992—Subsec. (h)(5). Pub. L. 102–486 added par. (5) re- lating to PCB cleanup. 1988—Subsec. (h)(5). Pub. L. 100–369 added par. (5) re- lating to Federal education grants. 1986—Subsec. (b)(2). Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordi- nate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related eco- nomic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appro- priated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Depart- ments or agencies.’’ Subsec. (c)(2). Pub. L. 99–658 substituted ‘‘infrastruc- ture, except that, for purposes of an orderly reduction of United States programs and services in the Fed- erated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifi- cally authorized by the Compact of Free Association or by other provisions of law may continue but, unless re- imbursed by the respective freely associated state, not in excess of the following amounts:’’ and subpars. (1) to (3) for ‘‘infrastructure.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FEDERATED STATES OF MICRONESIA AND MARSHALL IS- LANDS; PROGRAMS AND SERVICES PROVIDED ON NON- REIMBURSABLE BASIS Pub. L. 99–396, § 20(b), Aug. 27, 1986, 100 Stat. 844, pro- vided that: ‘‘The programs and services specified in sec- tion 105(h)(1), sections [sic] 105(i)(1) and (2), section 111(a) [48 U.S.C. 1905(h)(1), (i)(1), (2), 1911(a)], the serv- ices of the National Health Service Corps pursuant to section 105(k), and the Technical Assistance and Na- tional Historic Preservation Act [probably means the National Historic Preservation Act, see 54 U.S.C. 300101 et seq.] grants pursuant to section 105(l), of Public Law 99–239 shall be provided on a nonreimbursable basis.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1906. Construction contract assistance (a) Assistance to U.S. firms In order to assist the Governments of the Fed- erated States of Micronesia and of the Marshall Islands through private sector firms which may be awarded contracts for construction or major repair of capital infrastructure within the Fed- erated States of Micronesia or the Republic of the Marshall Islands, the President shall consult with the Governments of the Federated States of Micronesia and the Marshall Islands with re- spect to any such contracts, and the President shall enter into agreements with such firms whereby such firms will, consistent with appli- cable requirements of such Governments— (1) to the maximum extent possible, employ citizens of the Federated States of Micronesia and the Marshall Islands; (2) to the extent that necessary skills are not possessed by citizens of the Federated States of Micronesia and the Marshall Islands, provide on the job training, with particular emphasis on the development of skills relating to operation of machinery and routine and preventative maintenance of machinery and other facilities; and (3) provide specific training or other assist- ance in order to enable the Government to en- gage in long-term maintenance of infrastruc- ture.