§1987. Oversight provisions

48 U.S.C. § 1987

(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)

the Secretary of State, who shall serve as co-chair of the Interagency Group;

(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)

sections 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)

sections 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)

sections 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— 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.

(5)

Duties of the Interagency Group— The Interagency Group shall—

(A)

provide advice on the establishment or implementation of policies relating to the Freely Associated States to the President, acting through the Office of Intergovernmental Affairs, in the form of a written report not less frequently than annually;

(B)

obtain information and advice relating to the Freely Associated States from the Presidents, other elected officials, and members of civil society of the Freely Associated States, including through the members of the Interagency Group (including senior official designees of the members) meeting not less frequently than annually with any Presidents of the Freely Associated States who elect to participate;

(C)

at the request of the head of any Federal agency (or a senior official designee of the head of a Federal agency) who is a member of the Interagency Group, promptly review and provide advice on a policy or policy implementation action affecting 1 or more of the Freely Associated States proposed by the Federal agency, department, or instrumentality; and

(D)

facilitate coordination of relevant policies, programs, initiatives, and activities involving 1 or more of the Freely Associated States, including ensuring coherence and avoiding duplication between programs, initiatives, and activities conducted pursuant to a Compact with a Freely Associated State and non-Compact programs, initiatives, and activities.

(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 title¹ 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)

the 2023 Agreement to Amend the U.S.-FSM Compact; and

(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.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 118–42, div. G, title II, § 208, Mar. 9, 2024, 138 Stat. 434.)

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.