View all text of Part B [§ 1921 - § 1921h]
§ 1921c. Interpretation of and United States policy regarding U.S.-FSM Compact and U.S.-RMI Compact
(a) Human rights
(b) Immigration and passport security
(1) Naturalized citizens
(2) Passports
(3) Information-sharing
(4) Transition; construction of sections 141(a)(3) and 141(a)(4) of the U.S.-FSM Compact and U.S.-RMI Compact
(c) Nonalienation of lands
(d) Nuclear waste disposal
(e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact on the State of Hawaii, Guam, the Commonwealth of the Northern Mariana Islands and American Samoa; related authorization and continuing appropriation
(1) Statement of congressional intent
(2) Definitions
For the purposes of this part—
(A) the term “affected jurisdiction” means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the State of Hawaii; and
(B) the term “qualified nonimmigrant” means a person, or their children under the age of 18, admitted or resident pursuant to section 141 of the U.S.-RMI or U.S.-FSM Compact, or section 141 of the Palau Compact who, as of a date referenced in the most recently published enumeration is a resident of an affected jurisdiction. As used in this subsection, the term “resident” shall be a person who has a “residence,” as that term is defined in section 101(a)(33) of the Immigration and Nationality Act, as amended [8 U.S.C. 1101(a)(33)].
(3) Authorization and continuing appropriation
There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $30,000,000 for grants to affected jurisdictions to aid in defraying costs incurred by affected jurisdictions as a result of increased demands placed on health, educational, social, or public safety services or infrastructure related to such services due to the residence in affected jurisdictions of qualified nonimmigrants from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. The grants shall be—
(A) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and
(B) used only for health, educational, social, or public safety services, or infrastructure related to such services, specifically affected by qualified nonimmigrants.
(4) Enumeration
The Secretary of the Interior shall conduct periodic enumerations of qualified nonimmigrants in each affected jurisdiction. The enumerations—
(A) shall be conducted at such intervals as the Secretary of the Interior shall determine, but no less frequently than every five years, during the period of fiscal years 2003 through 2023;
(B) shall be supervised by the United States Bureau of the Census or such other organization as the Secretary of the Interior may select; and
(C) for the period of fiscal years 2004 through 2023, shall be funded by the Secretary of the Interior by deducting such sums as are necessary, but not to exceed $300,000 as adjusted for inflation pursuant to section 217 of the U.S.-FSM Compact with fiscal year 2003 as the base year, per enumeration, from funds appropriated pursuant to the authorization contained in paragraph (3) of this subsection.
(5) Authorization for health care reimbursement
(6) Use of DOD medical facilities and National Health Service Corps
(A) DOD medical facilities
(B) National Health Service Corps
(C) Authorization of appropriations
(7) Reporting requirement
Not later than one year after December 17, 2003, and at one year intervals thereafter, the Governors of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa may provide to the Secretary of the Interior by February 1 of each year their comments with respect to the impacts of the Compacts on their respective jurisdiction. The Secretary of the Interior, upon receipt of any such comments, shall report to the Congress not later than May 1 of each year and include the following:
(A) The Governor’s comments on the impacts of the Compacts as well as the Administration’s analysis of such impact.
(B) The Administration views on any recommendations for corrective action to eliminate those consequences as proposed by such Governors.
(C) With regard to immigration, 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.
(D) With regard to trade, 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 Republic of the Marshall Islands.
(8) Reconciliation of unreimbursed impact expenses
(A) In general
(B) Terms and conditions
(i) Substantiation of impact costs
(ii) Congressional notification
(iii) Congressional review and comment
(iv) Expiration
(9) Authorization of appropriations for grants
(f) Foreign loans
(g) Sense of Congress concerning funding of public infrastructure
(h) Reports and reviews
(1) Report by the President
Not later than the end of the first full calendar year following enactment of this resolution, and not later than December 31 of each year thereafter, the President shall report to Congress regarding the Federated States of Micronesia and the Republic of the Marshall Islands, including but not limited to—
(A) general social, political, and economic conditions, including estimates of economic growth, per capita income, and migration rates;
(B) the use and effectiveness of United States financial, program, and technical assistance;
(C) the status of economic policy reforms including but not limited to progress toward establishing self-sufficient tax rates;
(D) the status of the efforts to increase investment including: the rate of infrastructure investment of U.S. financial assistance under the U.S.-FSM Compact and the U.S.-RMI Compact; non-U.S. contributions to the trust funds, and the level of private investment; and
(E) recommendations on ways to increase the effectiveness of United States assistance and to meet overall economic performance objectives, including, if appropriate, recommendations to Congress to adjust the inflation rate or to adjust the contributions to the Trust Funds based on non-U.S. contributions.
(2) Review
(i) Construction of section 141(f)
(j) Inflation adjustment
(k) Participation by secondary schools in the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program
(Pub. L. 108–188, title I, § 104, Dec. 17, 2003, 117 Stat. 2737; Pub. L. 110–229, title VIII, § 806(a)(2), May 8, 2008, 122 Stat. 871; Pub. L. 111–68, div. A, title I, § 1501(c), Oct. 1, 2009, 123 Stat. 2041; Pub. L. 118–42, div. G, title II, § 209(l)(2), Mar. 9, 2024, 138 Stat. 448.)