About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (August 25, 2023)

handle is hein.crs/govemrr0001 and id is 1 raw text is: 





            Congressional Research Service
            inforrni   he I egislative debate since 191 4




The Compacts of Free Association


Updated August 25, 2023


Overview
The Compacts  of Free Association govern the relationships
between the United States and the Republic of the Marshall
Islands (RMI), Federated States of Micronesia (FSM), and
Republic of Palau. The Marshall Islands, Micronesia, Palau,
and the Northern Mariana Islands were districts of the
former U.S.-administered United Nations Trust Territory of
the Pacific Islands, established after World War II, and later
became  sovereign countries in free association with the
United States. The Compacts grant the United States the
prerogative to operate military bases in the RMI, FSM, and
Palau (known collectively as the Freely Associated States,
or FAS) and make decisions related to their external
security, and they entitle the FAS to U.S. security
guarantees and economic assistance.

Citizens of the FAS have the right to reside and work in the
United States and its territories as lawful non-immigrants or
habitual residents. More than 94,000 FAS citizens live in
the United States, including children under age 18 who
were born in the United States and hold dual citizenship.
The FAS  do not have their own militaries, and FAS citizens
are eligible to join the U.S. military; over 1,000 FAS
citizens serve in the U.S. Armed Forces.

The FAS  cover a maritime area larger than the continental
United States, govern over 1,000 islands and atolls, and
have a combined population of approximately 200,000. The
FAS  economies face structural challenges similar to many
other Pacific Island counties (PICs), including lack of
economies of scale, small land areas, limited natural and
human  resources, remote locations, poor infrastructure, and
vulnerability to climate change. The RMI, FSM, and Palau
rank 162d, 192d, and 118th, respectively, out of 229
countries by gross domestic product per capita.

Located roughly 2,500 miles southwest of Hawaii, the FAS
play a role in supporting the U.S. security presence in the
Pacific Islands region at a time of increasing strategic
competition between the United States and its allies, on one
hand, and the People's Republic of China (PRC), on the
other. The Biden Administration's 2022 Indo-Pacific
Strategy refers to the Compacts of Free Association as the
bedrock of the U.S. role in the Pacific. The RMI and Palau
are among four PICs that have diplomatic relations with
Taiwan and not the PRC. Micronesia, along with some
other PICs, rejected a 2022 PRC proposal for a sweeping
diplomatic, economic, and security pact between China and
10 PICs with which China has diplomatic relations.

Corpact Negotiations
Economic  assistance pursuant to Title II of the Compacts of
Free Association is set to expire at the end of FY2023 for
the Marshall Islands and Micronesia and at the end of


FY2024  for Palau. Compact provisions related to defense,
security, migration, and other areas are to continue
unchanged. The Department of the Interior (DOI) has
funded and administered this assistance, also referred to as
grant assistance, through mandatory or permanent
appropriations since the Compacts' inception. The FAS also
are eligible for some U.S. federal programs and services.

U.S.-FAS  negotiations to renew Compact economic
assistance began in 2020. Since March 2022, Ambassador
Joseph Yun, the State Department's Special Envoy for
Compact  Negotiations, has led talks on the U.S. side. In
January and February of 2023, the United States signed
memoranda  of understanding (MOUs) with each of the
three FAS on the basic levels and types of Compact
assistance for the next 20 years. In May 2023, the United
States signed agreements with the FSM and Palau on
extending economic assistance. A final U.S.-RMI
agreement has not been reached at the time of this writing.
In June 2023, the Department of State submitted a draft bill
(joint resolution) to Congress that if approved would amend
the Compacts and implement the FSM and Palau
agreements and the pending agreement with the RMI. The
agreements include grant assistance and trust fund
contributions for the FSM and Palau that total $3.3 billion
and $0.9 billion, respectively, for FY2024-FY2043. In
addition, the agreements include $634 million to continue
the U.S. Postal Service in the FAS. The U.S.-RMI MOU
provides for assistance totaling $2.3 billion for 20 years,
including a $700 million trust fund intended for various
purposes, including for addressing nuclear legacy issues.
The next phase of Compact assistance to the FAS is to
include greater support for the environment, climate change
adaptation, health care, education, and infrastructure.


Figure 1. The Freely Associated States


Source: CRS. Information from Esri and U.S. Department of State.


Compensation  for past nuclear testing remains a sticking
point in U.S.-RMI negotiations to finalize an agreement on

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most