Sec. 8. United States policy regarding the Freely Associated States

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subsection, the term Freely Associated States means— the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); and the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled Joint Resolution to approve the ( Compact of Free Association between the United States and the Government of Palau, and for other purposes Public Law 99–658 ; 48 U.S.C. 1931 note).

Section 1724 of title 38, United States Code, is amended— in subsection (a), by striking subsections

(b)and

(c)and inserting subsections (b), (c), and

(f); and by adding at the end the following: The Secretary may furnish hospital care and medical services in the Freely Associated States to a veteran who is otherwise eligible to receive hospital care and medical services. In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through— contracts or other agreements; reimbursement; or the direct provision of care by health care personnel of the Department. In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condition is connected to the service of the veteran in the Armed Forces. A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical services in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection. If the Secretary determines it is no longer advisable or practicable to allow veterans described in subparagraph

(A)to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall— provide direct notice of that determination to such veterans; and publish that determination and the reasons for that determination in the Federal Register. In this subsection, the term Freely Associated States means— the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); and the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled Joint Resolution to approve the ( Compact of Free Association between the United States and the Government of Palau, and for other purposes Public Law 99–658 ; 48 U.S.C. 1931 note). . Section 111 of title 38, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of law, the Secretary may make payments to or for any person traveling in, to, or from the Freely Associated States for receipt of care or services authorized under section 1724(f) of this title. A person who has received payment for travel in a country pursuant to this subsection shall remain eligible for payment for such travel in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection. The Secretary shall prescribe regulations to carry out this subsection. In this subsection, the term Freely Associated States means— the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); and the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled Joint Resolution to approve the ( Compact of Free Association between the United States and the Government of Palau, and for other purposes Public Law 99–658 ; 48 U.S.C. 1931 note). . The Secretary of Veterans Affairs, in consultation with the Secretary of State, shall work with the governments of the Freely Associated States to facilitate the furnishing of health services, including telehealth, under the laws administered by the Secretary of Veterans Affairs, to veterans in the Freely Associated States, such as by addressing— licensure, certification, registration, and tort issues relating to health care personnel; and matters relating to delivery of pharmaceutical products and medical surgical products, including delivery of such products through the Consolidated Mail Outpatient Pharmacy of the Department of Veterans Affairs, to the Freely Associated States. Section 1730C(a) of title 38, United States Code, is amended by striking any State and inserting any State or any of the Freely Associated States (as defined in section 1724(f) of this title) . The Secretary of Veterans Affairs may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in the Freely Associated States in connection with furnishing hospital care or medical services or providing medical consultation or medical advice to a veteran under the laws administered by the Secretary, including through a remote or telehealth program. During the 1-year period beginning on the date of enactment of this joint resolution, the Secretary of Veterans Affairs shall, subject to the availability of appropriations— conduct robust outreach to, and engage with, each government of the Freely Associated States; assess options for the delivery of care through the use of authorities provided pursuant to the amendments made by this subsection; and increase staffing as necessary to conduct outreach under subparagraph (A). For fiscal year 2024 and each fiscal year thereafter, the Government of the United States shall— continue to make available to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, grants for services to individuals eligible for such services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) to the extent that those services continue to be available to individuals in the United States; continue to make available to the Federated States of Micronesia and the Republic of the Marshall Islands and make available to the Republic of Palau, competitive grants under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), and part D of the Individuals with Disabilities Education Act ( 20 U.S.C. 1450 et seq. ), to the extent that those grants continue to be available to State and local governments in the United States; continue to make grants available to the Republic of Palau under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ), and the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); continue to make available to eligible institutions of higher education in the Republic of Palau and make available to eligible institutions of higher education in the Federated States of Micronesia and the Republic of the Marshall Islands and to students enrolled in those institutions of higher education, and to students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and enrolled in institutions of higher education in the United States and territories of the United States, grants under— subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ); subpart 3 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq. ); and part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ); require, as a condition of eligibility for a public institution of higher education in any State (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that is not a Freely Associated State to participate in or receive funds under any program under title IV of such Act ( 20 U.S.C. 1070 et seq. ), that the institution charge students who are citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau tuition for attendance at a rate that is not greater than the rate charged for residents of the State in which such public institution of higher education is located; and continue to make available, to eligible institutions of higher education, secondary schools, and nonprofit organizations in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, competitive grants under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). Except as provided in paragraph (1), the Secretary of Education shall not make a grant under any formula grant program administered by the Department of Education to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. Section 611(b)(1) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(b)(1) ) is amended by striking subparagraph

(A)and inserting the following: From the amount appropriated for any fiscal year under subsection (i), the Secretary shall reserve not more than 1 percent, which shall be used as follows: To provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21. To provide each freely associated State a grant so that no freely associated State receives a lesser share of the total funds reserved for the freely associated State than the freely associated State received of those funds for fiscal year 2023. Each freely associated State shall establish its eligibility under this subparagraph consistent with the requirements for a State under section 612. The funds provided to each freely associated State under this part may be used to provide, to each infant or toddler with a disability (as defined in section 632), either a free appropriate public education, consistent with section 612, or early intervention services consistent with part C, notwithstanding the application and eligibility requirements of sections 634(2), 635, and 637. . The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— by striking subparagraph

(A)of section 1121(b)(1) ( 20 U.S.C. 6331(b)(1)(A) ) and inserting the following: first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134 , permitting the consolidation of grants, shall not apply; and ; and by striking paragraph

(36)of section 8101 ( 20 U.S.C. 7801(36) ) and inserting the following: The term outlying area — means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States. . Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B) ) is amended by striking clause (ix). Section 637 of the Head Start Act ( 42 U.S.C. 9832 ) is amended, in the paragraph defining the term State , by striking the second sentence and inserting The term . State includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Section 640(a)(2)(B) of the Head Start Act ( 42 U.S.C. 9835(a)(2)(B) ) is amended— in clause (iv), by inserting the Republic of Palau, before and the Virgin Islands ; and by striking clause

(v)and inserting the following: if a base grant has been established through appropriations for the Federated States of Micronesia or the Republic of the Marshall Islands, to provide an amount for that jurisdiction (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year; and . The Secretary of the Interior, in coordination with the Secretary of Education and the Secretary of Health and Human Services, as applicable, shall, to the maximum extent practicable, coordinate with the 3 United States appointees to the Joint Economic Management Committee described in section 4(b)(1) and the 2 United States appointees to the Joint Economic Management and Financial Accountability Committee described in section 5(d)(1) to avoid duplication of economic assistance for education provided under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of activities or services provided under— the Head Start Act ( 42 U.S.C. 9831 et seq. ); subpart 3 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq. ); or part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ). The Secretary of Defense shall make available, on a space available and reimbursable basis, the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, who are properly referred to the facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the affected jurisdictions (as defined in section 104(e)(2) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921c(e)(2) )). It is the sense of Congress that the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program and the ASVAB Career Exploration Program to selected secondary schools in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the extent such programs are available to Department of Defense dependent secondary schools established under section 2164 of title 10, United States Code, and located outside the United States. In addition to amounts provided under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact and under subsections

(a)and

(b)of Article 1 of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal years 2024 through 2043, the Secretary of the Interior shall use the amounts made available to the Secretary of the Interior under section 10(c) to train judges and officials of the judiciary in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, in cooperation with the Pacific Islands Committee of the judicial council of the ninth judicial circuit of the United States. The Secretary of Health and Human Services shall make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the same extent, and for the same duration, as services are authorized to be provided to persons residing in any other areas within or outside the United States. The Republic of Palau shall be eligible for the programs and services made available to the Federated States of Micronesia and the Republic of the Marshall Islands under section 108(a) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921g(a) ). In addition to the programs and services set forth in the operative Federal Programs and Services Agreement between the United States and the Republic of Palau, the programs and services of the following agencies shall be made available to the Republic of Palau: The Legal Services Corporation. The Public Health Service. The Rural Housing Service. Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 ) is amended— in subsection (a)(2), by adding at the end the following: With respect to eligibility for benefits for any specified Federal program, paragraph

(1)shall not apply to any individual who lawfully resides in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. ; and in subsection (b)(2)(G)— in the subparagraph heading, by striking and inserting medicaid exception for ; and exception for by striking the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program) and inserting any designated Federal program . Section 403(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(b)(3) ) is amended by striking , but only with respect to the designated Federal program defined in section 402(b)(3)(C) . Section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641(b)(8) ) is amended by striking , but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program) . The Secretary of the Treasury, in coordination with the Secretary of the Interior and the Secretary of State, shall consult with appropriate officials of the Asian Development Bank and relevant international financial institutions (as defined in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) )), as appropriate, with respect to overall economic conditions in, and the activities of other providers of assistance to, the Freely Associated States. Section 105(b) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(b) ) is amended by striking paragraph

(5)and inserting the following: Pursuant to section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), all United States Government executive branch employees in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau fall under the authority of the respective applicable chief of mission, except for employees identified as excepted from the authority under Federal law or by Presidential directive. . In this subsection, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. The Secretary of State shall— assign additional full-time equivalent personnel to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs of the Department of State, including to the unit established under subparagraph (B), as the Secretary of State determines to be appropriate, in accordance with paragraph (4)(A); and establish a unit in the Bureau of East Asian and Pacific Affairs of the Department of State to carry out the functions described in paragraph (3). The unit established under paragraph (2)(B) shall be responsible for the following: Managing the bilateral and regional relations with the Freely Associated States. Supporting the Secretary of State in leading negotiations relating to the Compacts of Free Association with the Freely Associated States. Coordinating, in consultation with the Department of the Interior, the Department of Defense, and other interagency partners as appropriate, implementation of the Compacts of Free Association with the Freely Associated States. The Secretary of State shall— not later than 5 years after the date of enactment of this joint resolution, assign to the Office of Australia, New Zealand, and Pacific Island Affairs of the Bureau of East Asian and Pacific Affairs, including to the unit established under paragraph (2)(B), not less than 4 additional full-time equivalent staff, who shall not be dual-hatted, including by considering— the use of existing flexible hiring authorities, including Domestic Employees Teleworking Overseas (DETOs); and the realignment of existing personnel, including from the United States Mission in Australia, as appropriate; reduce the number of vacant foreign service positions in the Pacific Island region by establishing an incentive program within the Foreign Service for overseas positions related to the Pacific Island region; and report to the appropriate congressional committees on progress toward objectives outlined in this subsection beginning 1 year from the date of enactment of this joint resolution and annually thereafter for 5 years. Section 105 of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d ) is amended by striking subsection

(j)and inserting the following: Technical assistance may be provided pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, section 224 of the 2023 Amended U.S.-RMI Compact, or section 222 of the U.S.-Palau Compact (as those terms are defined in section 2 of the Compact of Free Association Amendments Act of 2023) by Federal agencies and institutions of the Government of the United States to the extent the assistance shall be provided to States, territories, or units of local government. Any technical assistance authorized under paragraph

(1)that is provided by the Forest Service, the Natural Resources Conservation Service, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, the Advisory Council on Historic Preservation, the Department of the Interior, or any other Federal agency providing assistance under division A of subtitle III of title 54, United States Code, may be provided on a nonreimbursable basis. During the period in which the 2023 Amended U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-RMI Compact (as so defined) are in force, the grant programs under division A of subtitle III of title 54, United States Code, shall continue to apply to the Federated States of Micronesia and the Republic of the Marshall Islands in the same manner and to the same extent as those programs applied prior to the approval of the U.S.-FSM Compact and U.S.-RMI Compact. Any funds provided pursuant to this subsection, subsections (c), (g), (h), (i), (k), (l), and (m), section 102(a), and subsections (a), (b), (f), (g), (h), and

(j)of section 103 shall be in addition to, and not charged against, any amounts to be paid to the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to— the U.S.-FSM Compact; the U.S.-RMI Compact; or any related subsidiary agreement. . The authorization provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall remain available after the effective date of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact with respect to the Federated States of Micronesia and the Republic of the Marshall Islands for transition purposes, including— completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure. Section 2(f) of the Public Health Service Act ( 42 U.S.C. 201(f) ) is amended by striking and the Trust Territory of the Pacific Islands and inserting the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau . Section 104(e) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921c(e) ) is amended— in paragraph (4)— in subparagraph (A), by striking beginning in fiscal year 2003 and inserting during the period of fiscal years 2003 through 2023 ; and in subparagraph (C), by striking after fiscal year 2003 and inserting for the period of fiscal years 2004 through 2023 ; by striking paragraph (5); and by redesignating paragraphs

(6)through

(10)as paragraphs

(5)through (9), respectively.

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