NY Revised June 23, 8 ee iS980 411825 June 15, 1980 MEMORANDUM TO MR. COPAKEN Legal Aspects of a Proposal to Amend the Compact of Free Association I. Introduction 1. The Committee on Energy and Natural Resources of the United States Senate recently held preliminary hearings on the Compact of Free Association, the Governments of the Marshall on January 14, which was Islands initialled by and the United States 1980. It is our understanding that at those hearings, Chairman of the Committee, Senators J. Senator Henry M. Bennett Johnston and James A. their concern that, pursuant to Jackson, ihe and McClure expressed section 354 of the Compact, the right of denial established by section 311(b)(2) would terminate on the 15th anniversary of the effective date of the Compact (or at the end of the extension provided for by section 231), unless prolonged by mutual agreement. 2. Bierne, In subsequent conversations with tr. the Committee's Legal Counsel, the concerns raised by Senators James it was suggested that Jackson, Johnston and McClure, as well as certain preexisting concerns of the Government of the Marshall Islands, to the Compact, might be solved by means of an amendment embodying the following Four Points: Meaa 4 (s/o) - Smemp LOWOOS, 5/9,vo) ce