§1989. Additional authorities

(a) Agencies, departments, and instrumentalities

(1) In general

Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall be made directly to the Federal agencies, departments, and instrumentalities carrying out the obligations, services and programs.

(2) Obligations, services, and programs described

The obligations, services, and programs referred to in paragraphs (1) and (3) are the obligations, services, and programs under-

(A) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-FSM Compact;

(B) sections 131 and 132, paragraphs (1) and (3) through (6) of section 221(a), and section 221(b) of the 2023 Amended U.S.-RMI Compact;

(C) sections 131 and 132 and paragraphs (1), (3), and (4) of section 221(a) of the U.S.-Palau Compact;

(D) Article 6 of the 2023 U.S.-Palau Compact Review Agreement; and

(E) section 1988 of this title.

(3) Authority

The heads of the Federal agencies, departments, and instrumentalities to which appropriations are made available under paragraph (1) as well as the Federal Deposit Insurance Corporation shall-

(A) have the authority to carry out any activities that are necessary to fulfill the obligations, services, and programs described in paragraph (2); and

(B) use available funds to carry out the activities under subparagraph (A).

(b) Additional assistance

Any assistance provided pursuant to section 1921d(j) of this title (as amended by section 209(j)) and sections 1984(a), 1985(a), 1986(b), and 1988 of this title shall be in addition to and not charged against any amounts to be paid to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau pursuant to-

(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; or

(4) any related subsidiary agreement.

(c) Remaining balances

Notwithstanding any other provision of law, including section 109 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)-

(1) remaining balances appropriated to carry out sections 211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, shall be programmed pursuant to Article IX of the 2023 U.S.-FSM Fiscal Procedures Agreement; and

(2) remaining balances appropriated to carry out sections 211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be programmed pursuant to Article XI of the 2023 U.S.-RMI Fiscal Procedures Agreement.

(d) Grants

Notwithstanding any other provision of law-

(1) contributions under the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact may be provided as grants for purposes of implementation of the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended U.S.-RMI Compact under the laws of the United States; and

(2) funds appropriated pursuant to section 1990 of this title may be deposited in interest-bearing accounts and any interest earned may be retained in and form part of those accounts for use consistent with the purpose of the deposit.

(e) Rule of construction

Except as specifically provided, nothing in this subchapter or the amendments made by this title ¹ amends the following:

(1) Title I of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 et seq.).

(2) Title I of Public Law 99–658 (48 U.S.C. 1931 et seq.).

(3) Title I of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 et seq.).

(4) Section 1259C of the National Defense Authorization Act for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115–91).

(5) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 635).

(f) Clarification relating to appropriated funds

Notwithstanding section 109 of the Compacts ² of Free Association Amendments Act of 2003 (48 U.S.C. 1921h)-

(1) funds appropriated by that section and deposited into the RMI Compact Trust Fund shall be governed by the 2023 U.S.-RMI Trust Fund Agreement on entry into force of the 2023 U.S.-RMI Trust Fund Agreement;

(2) funds appropriated by that section and deposited into the FSM Compact Trust Fund shall be governed by the 2023 U.S.-FSM Trust Fund Agreement on entry into force of the 2023 U.S.-FSM Trust Fund Agreement;

(3) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 211(b) of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement;

(4) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-RMI Amended Compact shall be subject to the provisions of the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into force of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as modified in the Federal Programs and Services Agreement in force between the United States and the Republic of the Marshall Islands; and

(5) funds appropriated by that section and made available for fiscal year 2024 or any fiscal year thereafter as grants to carry out the purposes of section 221 of the 2003 U.S.-FSM Amended Compact shall be subject to the provisions of the 2023 U.S.-FSM Fiscal Procedures Agreement on entry into force of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as modified in the 2023 U.S.-FSM Federal Programs and Services Agreement.

( Pub. L. 118–42, div. G, title II, §210, Mar. 9, 2024, 138 Stat. 448 .)

Editorial Notes

References in Text

Section 1988 of this title, referred to in subsecs. (a)(2)(E) and (b), was in the original a reference to 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.

The amendments made by this title, referred to in subsec. (e), are the amendments made by title II of div. G of Pub. L. 118–42, Mar. 9, 2024, 138 Stat. 419 . 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.

The Compact of Free Association Act of 1985, referred to in subsec. (e)(1), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770 . Title I of the Act is classified generally to part A (§1901 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.

Title I of Public Law 99–658, referred to in subsec. (e)(2), is title I of Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3673 , which is classified principally to part A (§1931 et seq.) of subchapter II of this chapter. For complete classification of title I to the Code, see Tables.

The Compact of Free Association Amendments Act of 2003, referred to in subsec. (e)(3), is Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720 . Title I of the Act is classified principally to part B (§1921 et seq.) of subchapter I of this chapter. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1901 of this title and Tables.

Section 1259C of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (e)(4), is section 1259C of Pub. L. 115–91, which amended section 1921d of this title and enacted provisions set out as a note under section 1931 of this title.

The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(5), is div. G of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 635 . For complete classification of this Act to the Code, see Tables.

¹ See References in Text note below.

² So in original. Probably should be "Compact".