48 U.S.C. § 1903 — Agreements with and other provisions re-

Page 234 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 and to such records, documents, working pa- pers, automated data and files, and other in- formation relevant to such review. (2) GAO access to records (A) In carrying out paragraph (1), the Comp- troller General (and his duly authorized rep- resentatives) shall have such access to the per- sonnel and (without cost) to records, docu- ments, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may dupli- cate any such records, documents, working pa- pers, automated data and files, or other infor- mation relevant to such audits. (B) Such records, documents, working pa- pers, automated data and files, and other in- formation regarding each such grant or other assistance shall be maintained for at least three years after the date such grant or assist- ance was provided and in a manner that per- mits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Federated States of Micronesia. (3) Representative status for GAO representa- tives The Comptroller General and his duly au- thorized representatives shall be accorded the status set forth in Article V of Title One of the Compact. (4) Annual financial statements As part of the annual report submitted by the Government of the Federated States of Mi- cronesia under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial state- ments shall be prepared in accordance with generally accepted accounting procedures, ex- cept as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fiscal year with respect to which such funds were provided, each such statement shall be submitted to the President for audit and transmission to the Congress. (5) ‘‘Audits’’ defined As used in this subsection, the term ‘‘au- dits’’ includes financial, program, and man- agement audits, including determining— (A) whether the Government of the Fed- erated States of Micronesia has met the re- quirements set forth in the Compact, or any related agreement entered into under the Compact, regarding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial trans- actions of the Government of the Federated States of Micronesia pursuant to such grants or assistance. (6) Cooperation by Federated States of Micro- nesia The Government of the Federated States of Micronesia will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his re- sponsibilities under this joint resolution. (Pub. L. 99–239, title I, § 102, Jan. 14, 1986, 99 Stat. 1775.) Editorial Notes REFERENCES IN TEXT The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Is- lands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. This joint resolution, referred to in subsecs. (a)(3) and (c)(6), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Section 2291(e) of title 22, referred to in subsec. (a)(4), was repealed and section 2291(i) of title 22, relating to definitions, was redesignated section 2291(e) by Pub. L. 102–583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. See sec- tions 2291h and 2291i of Title 22, Foreign Relations and Intercourse. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free As- sociation with the Federated States of Micronesia, re- ferred to in subsec. (b)(1), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a)(4) and (c)(4) of this section are listed as the 12th and last items on page 37), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 1903. Agreements with and other provisions re- lated to Marshall Islands (a) Law enforcement assistance (1) Agreement The President of the United States shall ne- gotiate with the Government of the Marshall Islands an agreement pursuant to section 175 of the Compact which is in addition to the Agreement pursuant to such section dated May 30, 1982, and transmitted to the Congress by the President on February 20, 1985. Such ad- ditional agreement shall provide as follows: (A) Mutual assistance in law enforcement The law enforcement agencies of the United States and the Marshall Islands shall assist one another, as mutually agreed, in the prevention and investigation of crimes and the enforcement of the laws of the United States and the Marshall Islands spec- ified in subparagraph (C) of this paragraph. The United States and the Marshall Islands Page 235 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 1 See References in Text note below. will authorize mutual assistance with re- spect to investigations, inquiries, audits and related activities by the law enforcement agencies of both Governments in the United States and the Marshall Islands. In con- ducting activities authorized in accordance with this section, the United States and the Marshall Islands will act in accordance with the constitution and laws of the jurisdiction in which such activities are conducted. (B) Narcotics and control of illegal sub- stances The United States and the Marshall Is- lands will take all reasonable and necessary steps, as mutually agreed, based upon con- sultations in which the Attorney General or other designated official of each Government participates, to prevent the use of the lands, waters, and facilities of the United States or the Marshall Islands for the purposes of cul- tivation of, production of, smuggling of, trafficking in, and abuse of any controlled substance as defined in section 802(6) of title 21 and Schedules I through V of Subchapter II of the Controlled Substances Act of the Marshall Islands, or for the distribution of any such substance to or from the Marshall Islands or to or from the United States or any of its territories or commonwealths. (C) Other criminal laws Assistance provided pursuant to this sub- section shall also extend to, but not be lim- ited to, prevention and prosecution of viola- tions of the laws of the United States and the laws of the Marshall Islands related to terrorism, espionage, racketeer influenced and corrupt organizations, and financial transactions which advance the interests of any person engaging in unlawful activities, as well as the schedule of offenses set forth in Appendix A of the subsidiary agreement to section 175 of the Compact. (2) Technical and training assistance Pursuant to sections 224 and 226 of the Com- pact, the United States shall provide non-re- imbursable technical and training assistance as appropriate, including training and equip- ment for postal inspection of illicit drugs and other contraband, to enable the Government of the Marshall Islands to develop and ade- quately enforce laws of the Marshall Islands and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to sec- tion 1905(l) of this title may be used to reim- burse State or local agencies providing such assistance. (3) Consultation Any official, designated by this joint resolu- tion or by the President to negotiate any agreement under this section, shall consult with affected law enforcement agencies prior to entering into such an agreement on behalf of the United States. (4) Report The President shall report annually to Con- gress on the implementation of this sub- section. Such report shall provide statistical and other information about the incidence of crimes in the Marshall Islands which have an impact upon United States jurisdictions, and propose measures which the United States and the Marshall Islands should take in order bet- ter to prevent and prosecute violations of the laws of the United States and the Marshall Is- lands. The reports required under section 2291(e) 1 of title 22 shall include relevant infor- mation concerning the Marshall Islands. (b) Economic development plans review process (1) Submission Notwithstanding section 211(b) of the Com- pact, the President may agree to an effective date for the Compact pursuant to section 1901(b) of this title if the Government of the Marshall Islands agrees to submit economic development plans consistent with section 211(b) of the Compact to the Government of the United States for concurrence at intervals no greater than every 5 years for the duration of the Compact. Any capital construction project and any planned independent purchase of aircraft which is to be financed (directly or indirectly) through the use of funds provided under section 211 of the Compact shall be iden- tified in the economic development plans. (2) United States Government review The United States shall not concur in those development plans described in paragraph (1) of this subsection until— (A) after the President of the United States has conducted a review and reported the findings of the President to the Con- gress; and (B) the Congress has had 30 days (excluding days on which both Houses of Congress are not in session) to review the findings of the President. (3) Report The President shall complete the review under paragraph (2) and shall report the find- ings no later than 60 days after the President’s receipt of such plans. (4) Views and comments The report shall include the views of the Secretary of the Interior, the Administrator of the Agency for International Development, and the heads of such other Executive depart- ments as the President may decide to include in the report, as well as any comments which the Marshall Islands may wish to have in- cluded. (c) Ejit (1) The President of the United States shall negotiate with the Government of the Marshall Islands an agreement whereby, without preju- dice as to any claims which have been or may be asserted by any party as to rightful title and ownership of any lands on Ejit, the Government of the Marshall Islands shall assure that lands on Ejit used as of January 1, 1985, by the people of Bikini, will continue to be available without charge for their use, until such time as Bikini is restored and inhabitable and the continued use Page 236 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 2 So in original. The comma probably should be a semicolon. of Ejit is no longer necessary, unless a Marshall Islands court of competent jurisdiction finally determines that there are legal impediments to continued use of Ejit by the people of Bikini. (2) If the impediments described in paragraph (1) do arise, the United States will cooperate with the Government of the Marshall Islands in assisting any person adversely affected by such judicial determination to remain on Ejit, or in locating suitable and acceptable alternative lands for such person’s use. (3) Paragraph (1) shall not be applied in a man- ner which would prevent the Government of the Marshall Islands from acting in accordance with its constitutional processes to resolve title and ownership claims with respect to such lands or from taking substitute or additional measures to meet the needs of the people of Bikini with their democratically expressed consent and ap- proval. (d) Kwajalein payments (1) Statement of policy The Congress of the United States hereby de- clares that it is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwajalein Atoll in accordance with the land use agreement dated October 19, 1982, and the related allocation agreements, is required in order to ensure that the Government of the United States will be able to fulfill its obliga- tions and responsibilities under Title Three of the Compact and the subsidiary agreements concluded pursuant thereto. (2) Failure to pay In the event that the Government of the Marshall Islands fails to make payments in ac- cordance with paragraph (1) of this subsection, the Government of the United States shall ini- tiate procedures under Section 313 of the Com- pact and consult with the Government of the Marshall Islands with respect to the basis for such non-payment of funds. The United States shall expeditiously resolve the matter of any non-payment of funds as described in para- graph (1) of this subsection pursuant to Sec- tion 313 of the Compact and the authority and responsibility of the Government of the United States for security and defense matters in or relating to the Marshall Islands. This paragraph shall be enforced, as may be nec- essary, in accordance with section 1905(g)(2) of this title. (3) Assistance The President is hereby authorized to make loans and grants to the Government of the Marshall Islands for the sole use of the Kwaja- lein Atoll Development Authority for the ben- efit of the Kwajalein landowners of amounts sought by such authority for development pur- poses, pursuant to a development plan for Kwajalein Atoll which such authority has adopted in accordance with applicable laws of the Marshall Islands. Such loans and grants shall be subject to such other terms and condi- tions as the President, in his discretion, may determine appropriate and necessary. (e) Section 177 Agreement (1) In furtherance of the purposes of Article I of the Subsidiary Agreement for Implementa- tion of Section 177 of the Compact, the payment of the amount specified therein shall be made by the United States under Article I of the Agree- ment between the Government of the United States and the Government of the Marshall Is- lands for the Implementation of Section 177 of the Compact (hereafter in this subsection re- ferred to as the ‘‘Section 177 Agreement’’) only after the Government of the Marshall Islands has notified the President of the United States as to which investment management firm has been selected by such Government to act as Fund Manager under Article I of the Section 177 Agreement. (2) In the event that the President determines that an investment management firm selected by the Government of the Marshall Islands does not meet the requirements specified in Article I of the Section 177 Agreement, the United States shall invoke the conference and dispute resolu- tion procedures of Article II of Title Four of the Compact. Pending the resolution of such a dis- pute and until a qualified Fund Manager has been designated, the Government of the Mar- shall Islands shall place the funds paid by the United States pursuant to Article I of the Sec- tion 177 Agreement into an interest-bearing es- crow account. Upon designation of a qualified Fund Manager, all funds in the escrow account shall be transferred to the control of such Fund Manager for management pursuant to the Sec- tion 177 Agreement. (3) If the Government of the Marshall Islands determines that some other investment firm should act as Fund Manager in place of the firm first (or subsequently) selected by such Govern- ment, the Government of the Marshall Islands shall so notify the President of the United States, identifying the firm selected by such Government to become Fund Manager, and the President shall proceed to evaluate the quali- fications of such identified firm. (4) At the end of 15 years after the effective date of the Compact, the firm then acting as Fund Manager shall transfer to the Government of the Marshall Islands, or to such account as such Government shall so notify the Fund Man- ager, all remaining funds and assets being man- aged by the Fund Manager under the Section 177 Agreement. (5) An annual report concerning all actions of the Fund Manager pursuant to the Section 177 Agreement and this joint resolution, including information prepared by the Fund Manager, shall be transmitted by the Government of the Marshall Islands to the Congress. Such report shall include such information (whether re- ceived from the Fund Manager or any other source) as relates to the disbursements provided for in Article II of the Section 177 Agreement. Such report shall be made public. (f) Nuclear test effects In approving the Compact, the Congress un- derstands and intends that the peoples of Bikini, Enewetak, Rongelap, and Utrik, who were af- fected by the United States nuclear weapons testing program in the Marshall Islands, will re- ceive the amounts of $75,000,000 (Bikini); $48,750,000 (Enewetak),2 $37,500,000 (Rongelap); Page 237 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 and $22,500,000 (Utrik), respectively, which amounts shall be paid out of proceeds from the fund established under Article I, section 1 of the subsidiary agreement for the implementation of section 177 of the Compact. The amounts speci- fied in this subsection shall be in addition to any amounts which may be awarded to claim- ants pursuant to Article IV of the subsidiary agreement for the implementation of Section 177 of the Compact. (g) Espousal provisions (1) It is the intention of the Congress of the United States that the provisions of section 177 of the Compact of Free Association and the Agreement between the Government of the United States and the Government of the Mar- shall Islands for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the ‘‘Section 177 Agreement’’) con- stitute a full and final settlement of all claims described in Articles X and XI of the Section 177 Agreement, and that any such claims be termi- nated and barred except insofar as provided for in the Section 177 Agreement. (2) In furtherance of the intention of Congress as stated in paragraph (1) of this subsection, the Section 177 Agreement is hereby ratified and ap- proved. It is the explicit understanding and in- tent of Congress that the jurisdictional limita- tions set forth in Article XII of such Agreement are enacted solely and exclusively to accomplish the objective of Article X of such Agreement and only as a clarification of the effect of Arti- cle X, and are not to be construed or imple- mented separately from Article X. (h) DOE radiological health care program; USDA agricultural and food programs (1) Marshall Islands program Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto for the remaining 174 members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear ‘‘Bravo’’ test, pursuant to Public Laws 95–134 and 96–205. Such medical care and its accompanying logistical support shall total $22,500,000 over the first 11 years of the Compact. (2) Agricultural and food programs Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, for the first fifteen years after the effective date of the Compact, the President (either through an appropriate de- partment or agency of the United States or by contract with a United States firm or by a grant to the Government of the Republic of the Marshall Islands which may further con- tract only with a United States firm or a Re- public of the Marshall Islands firm, the own- ers, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands) shall provide technical and other assistance— (A) without reimbursement, to continue the planting and agricultural maintenance program on Enewetak; (B) without reimbursement, to continue the food programs of the Bikini, Rongelap, Utrik, and Enewetak people described in sec- tion 1(d) of Article II of the Subsidiary Agreement for the Implementation of Sec- tion 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes. The President shall ensure the as- sistance provided under these programs re- flects the changes in the population since the inception of such programs. (3) Payments Payments under this subsection shall be pro- vided to such extent or in such amounts as are necessary for services and other assistance provided pursuant to this subsection. It is the sense of Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will be given to such additional funding for these programs as may be necessary. (i) Rongelap (1) Because Rongelap was directly affected by fallout from a 1954 United States thermonuclear test and because the Rongelap people remain un- convinced that it is safe to continue to live on Rongelap Island, it is the intent of Congress to take such steps (if any) as may be necessary to overcome the effects of such fallout on the hab- itability of Rongelap Island, and to restore Rongelap Island, if necessary, so that it can be safely inhabited. Accordingly, it is the expecta- tion of the Congress that the Government of the Marshall Islands shall use such portion of the funds specified in Article II, section 1(e) of the subsidiary agreement for the implementation of section 177 of the Compact as are necessary for the purpose of contracting with a qualified sci- entist or group of scientists to review the data collected by the Department of Energy relating to radiation levels and other conditions on Rongelap Island resulting from the thermo- nuclear test. It is the expectation of the Con- gress that the Government of the Marshall Is- lands, after consultation with the people of Rongelap, shall select the party to review such data, and shall contract for such review and for submission of a report to the President of the United States and the Congress as to the results thereof. (2) The purpose of the review referred to in paragraph (1) of this subsection shall be to es- tablish whether the data cited in support of the conclusions as to the habitability of Rongelap Island, as set forth in the Department of Energy report entitled: ‘‘The Meaning of Radiation for Those Atolls in the Northern Part of the Mar- shall Islands That Were Surveyed in 1978’’, dated November 1982, are adequate and whether such conclusions are fully supported by the data. If the party reviewing the data concludes that such conclusions as to habitability are fully sup- ported by adequate data, the report to the Presi- dent of the United States and the Congress shall so state. If the party reviewing the data con- Page 238 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 cludes that the data are inadequate to support such conclusions as to habitability or that such conclusions as to habitability are not fully sup- ported by the data, the Government of the Mar- shall Islands shall contract with an appropriate scientist or group of scientists to undertake a complete survey of radiation and other effects of the nuclear testing program relating to the hab- itability of Rongelap Island. Such sums as are necessary for such survey and report concerning the results thereof and as to steps needed to re- store the habitability of Rongelap Island are au- thorized to be made available to the Govern- ment of the Marshall Islands. (3) It is the intent of Congress that such steps (if any) as are necessary to restore the habit- ability of Rongelap Island and return the Rongelap people to their homeland will be taken by the United States in consultation with the Government of the Marshall Islands and, in ac- cordance with its authority under the Constitu- tion of the Marshall Islands, the Rongelap local government council. (j) Four atoll health care program (1) Services provided by the United States Public Health Service or any other United States agency pursuant to section 1(a) of Article II of the Agreement for the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the ‘‘Section 177 Agree- ment’’) shall be only for services to the people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik who were affected by the consequences of the United States nuclear testing program, pur- suant to the program described in Public Law 95–134 and Public Law 96–205 and their descend- ants (and any other persons identified as having been so affected if such identification occurs in the manner described in such public laws). Noth- ing in this subsection shall be construed as prej- udicial to the views or policies of the Govern- ment of the Marshall Islands as to the persons affected by the consequences of the United States nuclear testing program. (2) At the end of the first year after the effec- tive date of the Compact and at the end of each year thereafter, the providing agency or agen- cies shall return to the Government of the Mar- shall Islands any unexpended funds to be re- turned to the Fund Manager (as described in Ar- ticle I of the Section 177 Agreement) to be cov- ered into the Fund to be available for future use. (3) The Fund Manager shall retain the funds returned by the Government of the Marshall Is- lands pursuant to paragraph (2) of this sub- section, shall invest and manage such funds, and at the end of 15 years after the effective date of the Compact, shall make from the total amount so retained and the proceeds thereof annual dis- bursements sufficient to continue to make pay- ments for the provision of health services as specified in paragraph (1) of this subsection to such extent as may be provided in contracts be- tween the Government of the Marshall Islands and appropriate United States providers of such health services. (k) Enjebi Community Trust Fund Notwithstanding any other provision of law, the Secretary of the Treasury shall establish on the books of the Treasury of the United States a fund having the status specified in Article V of the subsidiary agreement for the implementa- tion of Section 177 of the Compact, to be known as the ‘‘Enjebi Community Trust Fund’’ (here- after in this subsection referred to as the ‘‘Fund’’), and shall credit to the Fund the amount of $7,500,000. Such amount, which shall be ex gratia, shall be in addition to and not charged against any other funds provided for in the Compact and its subsidiary agreements, this joint resolution, or any other Act. Upon receipt by the President of the United States of the agreement described in this subsection, the Sec- retary of the Treasury, upon request of the Gov- ernment of the Marshall Islands, shall transfer the Fund to the Government of the Marshall Is- lands, provided that the Government of the Mar- shall Islands agrees as follows: (1) Enjebi trust agreement The Government of the Marshall Islands and the Enewetak Local Government Council, in consultation with the people of Enjebi, shall provide for the creation of the Enjebi Commu- nity Trust Fund and the employment of the manager of the Enewetak Fund established pursuant to the Section 177 Agreement as trustee and manager of the Enjebi Community Trust Fund, or, should the manager of the Enewetak Fund not be acceptable to the peo- ple of Enjebi, another United States invest- ment manager with substantial experience in the administration of trusts and with funds under management in excess of 250 million dollars. (2) Monitor conditions Upon the request of the Government of the Marshall Islands, the United States shall mon- itor the radiation and other conditions on Enjebi and within one year of receiving such a request shall report to the Government of the Marshall Islands when the people of Enjebi may resettle Enjebi under circumstances where the radioactive contamination at Enjebi, including contamination derived from consumption of locally grown food products, can be reduced or otherwise controlled to meet whole body Federal radiation protection standards for the general population, includ- ing mean annual dose and mean 30-year cumu- lative dose standards. (3) Resettlement of Enjebi In the event that the United States deter- mines that the people of Enjebi can within 25 years of January 14, 1986, resettle Enjebi under the conditions set forth in paragraph (2) of this subsection, then upon such determination there shall be available to the people of Enjebi from the Fund such amounts as are necessary for the people of Enjebi to do the following, in accordance with a plan developed by the Enewetak Local Government Council and the people of Enjebi, and concurred with by the Government of the Marshall Islands to assure consistency with the government’s overall economic development plan: (A) Establish a community on Enjebi Is- land for the use of the people of Enjebi. (B) Replant Enjebi with appropriate food- bearing and other vegetation. Page 239 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 (4) Resettlement of other location In the event that the United States deter- mines that within 25 years of January 14, 1986, the people of Enjebi cannot resettle Enjebi without exceeding the radiation standards set forth in paragraph (2) of this subsection, then the fund manager shall be directed by the trust instrument to distribute the Fund to the people of Enjebi for their resettlement at some other location in accordance with a plan, de- veloped by the Enewetak Local Government Council and the people of Enjebi and con- curred with by the Government of the Mar- shall Islands, to assure consistency with the government’s overall economic development plan. (5) Interest from Fund Prior to and during the distribution of the corpus of the Fund pursuant to paragraphs (3) and (4) of this subsection, the people of Enjebi may, if they so request, receive the interest earned by the Fund on no less frequent a basis than quarterly. (6) Disclaimer of liability Neither under the laws of the Marshall Is- lands nor under the laws of the United States, shall the Government of the United States be liable for any loss or damage to person or property in respect to the resettlement of Enjebi by the people of Enjebi, pursuant to the provision of this subsection or otherwise. (l) Bikini Atoll cleanup (1) Declaration of policy The Congress hereby determines and de- clares that it is the policy of the United States, to be supported by the full faith and credit of the United States, that because the United States, through its nuclear testing and other activities, rendered Bikini Atoll unsafe for habitation by the people of Bikini, the United States will fulfill its responsibility for restoring Bikini Atoll to habitability, as set forth in paragraphs (2) and (3) of this sub- section. (2) Cleanup funds There are hereby authorized to be appro- priated such sums as are necessary to imple- ment the settlement agreement of March 15, 1985, in The People of Bikini, et al. against United States of America, et al., Civ. No. 84–0425 (D. Ha.). (3) Conditions of funding The funds referred to in paragraph (2) shall be made available pursuant to Article VI, Sec- tion 1 of the Compact Section 177 Agreement upon completion of the events set forth in the settlement agreement referred to in paragraph (2) of this subsection. (m) Agreement on audits In accordance with section 233 of the Compact, the President of the United States, in consulta- tion with the Comptroller General of the United States, shall negotiate with the Government of the Marshall Islands an agreement which shall provide as follows: (1) General authority of GAO to audit (A) The Comptroller General of the United States (and his duly authorized representa- tives) shall have the authority to audit— (i) all grants, program assistance, and other assistance provided to the Government of the Marshall Islands under Articles I and II of Title Two of the Compact; and (ii) any other assistance provided by the Government of the United States to the Gov- ernment of the Marshall Islands. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 233 of the Compact. The authority pro- vided in this paragraph shall continue for at least three years after the last such grant has been made or assistance has been provided. (B) The Comptroller General (and his duly authorized representatives) shall also have au- thority to review any audit conducted by or on behalf of the Government of the United States. In this connection, the Comptroller General shall have access to such personnel and to such records, documents, working pa- pers, automated data and files, and other in- formation relevant to such review. (2) GAO access to records (A) In carrying out paragraph (1), the Comp- troller General (and his duly authorized rep- resentatives) shall have such access to the per- sonnel and (without cost) to records, docu- ments, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may dupli- cate any such records, documents, working pa- pers, automated data and files, or other infor- mation relevant to such audits. (B) Such records, documents, working pa- pers, automated data and files, and other in- formation regarding each such grant or other assistance shall be maintained for at least three years after the date such grant or assist- ance was provided and in a manner that per- mits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Marshall Islands. (3) Representative status for GAO representa- tives The Comptroller General and his duly au- thorized representatives shall be accorded the status set forth in Article V of Title One of the Compact. (4) Annual financial statements As part of the annual report submitted by the Government of the Marshall Islands under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial statements shall be prepared in accordance with generally ac- cepted accounting procedures, except as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fis- cal year with respect to which such funds were provided, each such statement shall be sub- Page 240 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 mitted to the President for audit and trans- mission to the Congress. (5) ‘‘Audits’’ defined As used in this subsection, the term ‘‘au- dits’’ includes financial, program, and man- agement audits, including determining— (A) whether the Government of the Mar- shall Islands has met the requirements set forth in the Compact, or any related agree- ment entered into under the Compact, re- garding the purposes for which such grants and other assistance are to be used; and (B) the propriety of the financial trans- actions of the Government of the Marshall Islands pursuant to such grants or assist- ance. (6) Cooperation by Marshall Islands The Government of the Marshall Islands will cooperate fully with the Comptroller General of the United States in the conduct of such au- dits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution. (Pub. L. 99–239, title I, § 103, Jan. 14, 1986, 99 Stat. 1778; Pub. L. 100–446, title I, § 115, Sept. 27, 1988, 102 Stat. 1802; Pub. L. 102–247, title III, § 304, Feb. 24, 1992, 106 Stat. 39; Pub. L. 105–209, § 2, July 29, 1998, 112 Stat. 880.) Editorial Notes REFERENCES IN TEXT The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Is- lands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. This joint resolution, referred to in subsecs. (a)(3), (e)(5), (k), and (m)(6), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Section 2291(e) of title 22, referred to in subsec. (a)(4), was repealed and section 2291(i) of title 22, relating to definitions, was redesignated section 2291(e) by Pub. L. 102–583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. See sec- tions 2291h and 2291i of Title 22, Foreign Relations and Intercourse. For Oct. 21, 1986, as the effective date of the Compact of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free As- sociation with the Federated States of Micronesia, re- ferred to in subsecs. (b)(1), (e)(4), (h)(2), and (j)(2), (3), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. Public Law 95–134, referred to in subsecs. (h)(1) and (j)(1), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popu- larly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Ta- bles. Public Law 96–205, referred to in subsecs. (h)(1) and (j)(1), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION Section was formerly set out as a note under section 1681 of this title. AMENDMENTS 1998—Subsec. (h)(2). Pub. L. 105–209, § 2(1), substituted ‘‘fifteen years’’ for ‘‘ten years’’ in introductory provi- sions. Subsec. (h)(2)(B). Pub. L. 105–209, § 2(2), inserted at end ‘‘The President shall ensure the assistance pro- vided under these programs reflects the changes in the population since the inception of such programs.’’ 1992—Subsec. (h)(2). Pub. L. 102–247 substituted ‘‘ten years’’ for ‘‘five years’’ in introductory provisions. 1988—Subsec. (h)(2). Pub. L. 100–446, in introductory provisions, inserted ‘‘or by a grant to the Government of the Republic of the Marshall Islands which may fur- ther contract only with a United States firm or a Re- public of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Is- lands’’ after ‘‘United States firm’’ and, in subpar. (B), inserted ‘‘, Rongelap, Utrik,’’ after ‘‘Bikini’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a)(4), (e)(5), and (m)(4) of this section are listed, respectively, as the 2nd item on page 38, the 16th item on page 115, and the 12th item on page 37), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. TAX EXEMPTION FOR ENJEBI COMMUNITY TRUST FUND Pub. L. 100–647, title VI, § 6136, Nov. 10, 1988, 102 Stat. 3723, provided that: ‘‘(a) IN GENERAL.—Any earnings on, and distributions from, the Enjebi Community Trust Fund created under section 103 of the Compact of Free Association Act of 1985 [48 U.S.C. 1903] shall be exempt from all Federal, State, or local taxation. ‘‘(b) EFFECTIVE DATE.—The provisions of subsection (a) shall apply to all taxable years whether beginning before, on, or after the date of the enactment of this Act [Nov. 10, 1988].’’ MEDICAL CARE AND TREATMENT AND ENVIRONMENTAL RESEARCH AND MONITORING PROGRAM FOR INHAB- ITANTS OF BIKINI, ETC., ATOLLS FOR INJURY, ILLNESS, OR CONDITION RESULTING FROM NUCLEAR WEAPONS TESTING BY UNITED STATES; IMPLEMENTATION PLAN AND REPORT Pub. L. 95–134, title I, § 106, as added by Pub. L. 96–205, title I, § 102, Mar. 12, 1980, 94 Stat. 84; amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, pro- vided that: ‘‘(a) In addition to any other payments or benefits provided by law to compensate inhabitants of the atolls of Bikini, Enewetak, Rongelap, and Utirik, in the Mar- shall Islands, for radiation exposure or other losses sus- tained by them as a result of the United States nuclear weapons testing program at or near their atolls during the period 1946 to 1958, the Secretary of the Interior (hereinafter in this section referred to as the ‘Sec- retary’) shall provide for the people of the atolls of Bi- kini, Enewetak, Rongelap, and Utirik and for the peo- ple of such other atolls as may be found to be or to have been exposed to radiation from the nuclear weap- ons testing program, a program of medical care and treatment and environmental research and monitoring for any injury, illness, or condition which may be the result directly or indirectly of such nuclear weapons testing program. The program shall be implemented ac- cording to a plan developed by the Secretary in con- sultation with the Secretaries of Defense, Energy, and Health and Human Services and with the direct in- volvement of representatives from the people of each of the affected atolls and from the government of the Page 241 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1904 Marshall Islands. The plan shall set forth, as appro- priate to the situation, condition, and needs of the indi- vidual atoll peoples: ‘‘(1) an integrated, comprehensive health care pro- gram including primary, secondary, and tertiary care with special emphasis upon the biological effects of ionizing radiation; ‘‘(2) a schedule for the periodic comprehensive sur- vey and analysis of the radiological status of the atolls to and at appropriate intervals, but not less frequently than once every five years, the develop- ment of an updated radiation dose assessment, to- gether with an estimate of the risks associated with the predicted human exposure, for each such atoll; and ‘‘(3) an education and information program to en- able the people of such atolls to more fully under- stand nuclear radiation and its effects; ‘‘(b)(1) The Secretary shall submit the plan to the Congress no later than January 1, 1981, together with his recommendations, if any, for further legislation. The plan shall set forth the specific agencies respon- sible for implementing the various elements of the plan. With respect to general health care the Secretary shall consider, and shall include in his recommenda- tions, the feasibility of using the Public Health Serv- ice. After consultation with the Chairman of the Na- tional Academy of Sciences, the Secretary of Energy, the Secretary of Defense, and the Secretary of Health and Human Services, the Secretary shall establish a scientific advisory committee to review and evaluate the implementation of the plan and to make such rec- ommendations for its improvement as such committee deems advisable. ‘‘(2) At the request of the Secretary, any Federal agency shall provide such information, personnel, fa- cilities, logistical support, or other assistance as the Secretary deems necessary to carry out the functions of this program; the costs of all such assistance shall be reimbursed to the provider thereof out of the sums ap- propriated pursuant to this section. ‘‘(3) All costs associated with the development and implementation of the plan shall be assumed by the Secretary of Energy and effective October 1, 1980, there are authorized to be appropriated to the Secretary of Energy such sums as may be necessary to achieve the purposes of this section. ‘‘(c) The Secretary shall report to the appropriate committees of the Congress, and to the people of the af- fected atolls annually, or more frequently if necessary, on the implementation of the plan. Each such report shall include a description of the health status of the individuals examined and treated under the plan, an evaluation by the scientific advisory committee, and any recommendations for improvement of the plan. The first such report shall be submitted not later than January 1, 1982.’’ Pub. L. 98–213, § 8, Dec. 8, 1983, 97 Stat. 1460, provided that: ‘‘The Secretary of the Interior is directed to im- plement the health care program required by section 106 of Public Law 95–134 (91 Stat. 1159) [set out above] for the populations of the four atolls in the Marshall Is- lands identified in such section immediately upon en- actment of this section and shall promptly notify the Committee on Interior and Insular Affairs and the Committee on Appropriations of the House of Rep- resentatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate if he finds that the populations of other atolls should be included in the program setting forth the basis for his finding and the estimated cost of extension of the program. The Secretary of Energy shall transmit annually to the Committees on Interior and Insular Af- fairs [now Committee on Natural Resources] and Ap- propriations of the House of Representatives and the Committees on Energy and Natural Resources and Ap- propriations of the Senate together with the proposed budget for the next fiscal year, a description of the pro- gram and the estimated costs for implementation to- gether with any recommendations which he may have for improvements in such program.’’ § 1904. Interpretation of and United States policy regarding Compact of Free Association (a) Human rights In approving the Compact, the Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commis- sion of the Congress of Micronesia in July, 1969, that ‘‘our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitu- tional government’’ and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Mi- cronesia and the Marshall Islands. The Congress also notes and specifically endorses the pre- amble to the Compact, which affirms that the governments of the parties to the Compact are founded upon respect for human rights and fun- damental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to the Congress pursuant to sections 116 and 502B of the Foreign Assistance Act of 1961 [22 U.S.C. 2151n, 2304], a full and complete report re- garding the status of internationally recognized human rights in the Federated States of Micro- nesia and the Marshall Islands. (b) Immigration The rights of a bona fide naturalized citizen of the Marshall Islands or the Federated States of Micronesia to enter the United States, to law- fully engage therein in occupations, and to es- tablish residence therein as a non-immigrant, pursuant to the provisions of section 141(a)(3) of the Compact, shall not extend to any such natu- ralized citizen with respect to whom cir- cumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part of ap- propriate officials of the United States and sub- ject to United States procedural requirements, that such naturalized status was acquired pri- marily in order to obtain such rights. (c) Nonalienation of lands The Congress endorses and encourages the maintenance of the policies of the Government of the Federated States of Micronesia and the Government of the Marshall Islands to regulate, in accordance with their Constitutions and laws, the alienation of permanent and long-term in- terests in real property so as to restrict the ac- quisition of such interests to persons of Fed- erated States of Micronesia citizenship and Mar- shall Islands citizenship, respectively. (d) Nuclear waste disposal In approving the Compact, the Congress un- derstands that the Government of the Federated States of Micronesia and the Government of the Marshall Islands will not permit any other gov- ernment or any nongovernmental party to con- duct, in the Marshall Islands or in the Federated States of Micronesia, any of the activities speci- fied in subsection (a) of section 314 of the Com- pact.