48 U.S.C. § 1921b — Agreements with and other provisions

Page 291 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b 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) Comptroller General 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 five years after the date such grant or assistance was provided and in a manner that permits such grants, assistance, and payments to be accounted for distinct from any other funds of the Government of the Federated States of Mi- cronesia. (3) Status of Comptroller General representa- tives The Comptroller General and his duly au- thorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comp- troller General and his duly authorized rep- resentatives shall not be liable to arrest or de- tention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such per- sons shall enjoy immunity from seizure of per- sonal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same tax- ation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Rela- tions. The privileges, exemptions and immuni- ties accorded under this paragraph are not for the personal benefit of the individuals con- cerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Gov- ernment of the Federated States of Micro- nesia. (4) 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 U.S.-FSM Com- pact, or any related agreement entered into under the U.S.-FSM Compact, regarding the purposes for which such grants and other as- sistance 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. (5) 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. 108–188, title I, § 102, Dec. 17, 2003, 117 Stat. 2725.) Editorial Notes REFERENCES IN TEXT This joint resolution, referred to in subsec. (b)(5), is Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under sec- tion 1901 of this title and Tables. § 1921b. Agreements with and other provisions related to the Republic of the Marshall Is- lands (a) Law enforcement assistance Pursuant to sections 222 and 224 of the U.S.- RMI Compact, the United States shall provide non-reimbursable technical and training assist- ance as appropriate, including training and equipment 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 en- forcement of criminal laws of the United States. Funds appropriated pursuant to section 1921d(j) of this title may be used to reimburse State or local agencies providing such assistance. (b) Ejit (1) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that the President of the United States shall negotiate with the Government of the Marshall Islands an agreement whereby, without prejudice 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 Mar- shall 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 of Ejit is no longer necessary, unless a Marshall Islands court of competent jurisdiction finally deter- mines that there are legal impediments to con- tinued use of Ejit by the people of Bikini. (2) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that if the impediments described in paragraph (1) do arise, the United States will cooperate with the Gov- ernment of the Marshall Islands in assisting any Page 292 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b person adversely affected by such judicial deter- mination to remain on Ejit, or in locating suit- able and acceptable alternative lands for such person’s use. (3) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that para- graph (1) shall not be applied in a manner which would prevent the Government of the Marshall Islands from acting in accordance with its con- stitutional processes to resolve title and owner- ship 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 approval. (c) Section 177 Agreement (1) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that in furtherance of the purposes of Article I of the Subsidiary Agreement for Implementation 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 Agreement between the Government of the United States and the Government of the Marshall Islands for the Implementation of Section 177 of the Com- pact (hereafter in this subsection referred 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 joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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 sub- sequently) selected by such Government, the Government of the Marshall Islands shall so no- tify the President of the United States, identi- fying the firm selected by such Government to become Fund Manager, and the President shall proceed to evaluate the qualifications of such identified firm. (4) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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 Mar- shall Islands, or to such account as such Govern- ment shall so notify the Fund Manager, all re- maining funds and assets being managed by the Fund Manager under the Section 177 Agreement. (d) Nuclear test effects In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that in approving the Compact, the Congress under- stands 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); $37,500,000 (Rongelap); 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. (e) Espousal provisions (1) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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 Marshall Islands for the Implementation of Section 177 of the Com- pact (hereafter in this subsection referred to as the ‘‘Section 177 Agreement’’) constitute 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 terminated and barred except insofar as provided for in the Sec- tion 177 Agreement. (2) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that in furtherance of the intention of Congress as stat- ed in paragraph (1) of this subsection, the Sec- tion 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. (f) DOE radiological health care program; USDA agricultural and food programs (1) Marshall Islands program (A) In general Notwithstanding any other provision of law, upon the request of the Government of the Republic of the Marshall Islands, the President (either through an appropriate de- partment 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 members of the population of Rongelap and Utrik who were exposed to radiation result- ing from the 1954 United States thermo-nu- clear ‘‘Bravo’’ test, pursuant to Public Laws 95–134 and 96–205. Page 293 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b (B) Continued monitoring on Runit Island (i) Cactus Crater containment and ground- water monitoring Effective beginning January 1, 2012, the Secretary of Energy shall, as a part of the Marshall Islands program conducted under subparagraph (A), periodically (but not less frequently than every 4 years) con- duct— (I) a visual study of the concrete exte- rior of the Cactus Crater containment structure on Runit Island; and (II) a radiochemical analysis of the groundwater surrounding and in the Cac- tus Crater containment structure on Runit Island. (ii) Report The Secretary shall submit to the Com- mittee on Energy and Natural Resources of the Senate, and the Committee on Nat- ural Resources of the House of Representa- tives, a report that contains— (I) a description of— (aa) the results of each visual survey conducted under clause (i)(I); and (bb) the results of the radiochemical analysis conducted under clause (i)(II); and (II) a determination on whether the surveys and analyses indicate any sig- nificant change in the health risks to the people of Enewetak from the contami- nants within the Cactus Crater contain- ment structure. (iii) Funding for groundwater monitoring The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Pro- gram of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II). (2) Agricultural and food programs (A) In general In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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 contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employ- ees of which are citizens of the United States or the Republic of the Marshall Is- lands) shall provide technical and other as- sistance— (i) without reimbursement, to continue the planting and agricultural maintenance program on Enewetak, as provided in sub- paragraph (C); and (ii) without reimbursement, to continue the food programs of the Bikini and Enewetak people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of Section 177 of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and main- tenance of the vessel used for such pur- poses. (B) Population changes The President shall ensure the assistance provided under these programs reflects the changes in the population since the incep- tion of such programs. (C) Planting and agricultural maintenance program (i) In general The planting and agricultural mainte- nance program on Enewetak shall be fund- ed at a level of not less than $1,300,000 per year, as adjusted for inflation under sec- tion 218 of the U.S.-RMI Compact. (ii) Authorization and continuing appro- priation There is hereby authorized and appro- priated to the Secretary of the Interior, out of any funds in the Treasury not other- wise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $1,300,000, as adjusted for inflation under section 218 of the U.S.-RMI Compact, for grants to carry out the plant- ing and agricultural maintenance pro- gram. (3) Payments In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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. (g) Rongelap (1) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that be- cause Rongelap was directly affected by fallout from a 1954 United States thermonuclear test and because the Rongelap people remain uncon- vinced 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 Page 294 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b 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) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that the purpose of the review referred to in paragraph (1) of this subsection shall be to establish wheth- er the data cited in support of the conclusions as to the habitability of Rongelap Island, as set forth in the Department of Energy report enti- tled: ‘‘The Meaning of Radiation for Those Atolls in the Northern Part of the Marshall Is- lands That Were Surveyed in 1978’’, dated No- vember 1982, are adequate and whether such con- clusions 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- 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) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that it is the intent of Congress that such steps (if any) as are necessary to restore the habitability 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 accordance with its authority under the Constitution of the Mar- shall Islands, the Rongelap local government council. (4) There are hereby authorized and appro- priated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appro- priated, to remain available until expended, for fiscal year 2005, $1,780,000; for fiscal year 2006, $1,760,000; and for fiscal year 2007, $1,760,000, as the final contributions of the United States to the Rongelap Resettlement Trust Fund as estab- lished pursuant to Public Law 102–154 (105 Stat. 1009), for the purposes of establishing a food im- portation program as a part of the overall reset- tlement program of Rongelap Island. (h) Four atoll health care program (1) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that serv- ices provided by the United States Public Health Service or any other United States agency pur- suant to section 1(a) of Article II of the Agree- ment for the Implementation of Section 177 of the Compact (hereafter in this subsection re- ferred to as the ‘‘Section 177 Agreement’’) 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, pursuant to the program described in Public Law 95–134 (91 Stat. 1159) and Public Law 96–205 (94 Stat. 84) and their descendants (and any other persons identi- fied as having been so affected if such identifica- tion occurs in the manner described in such pub- lic laws). Nothing in this subsection shall be construed as prejudicial to the views or policies of the Government of the Marshall Islands as to the persons affected by the consequences of the United States nuclear testing program. (2) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that at the end of the first year after the effective date of the Compact and at the end of each year thereafter, the providing agency or agencies shall return to the Government of the Marshall Islands any unexpended funds to be returned to the Fund Manager (as described in Article I of the Section 177 Agreement) to be covered into the Fund to be available for future use. (3) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that the Fund Manager shall retain the funds returned by the Government of the Marshall Islands pursu- ant to paragraph (2) of this subsection, shall in- vest 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 disbursements sufficient to continue to make payments for the provision of health services as specified in para- graph (1) of this subsection to such extent as may be provided in contracts between the Gov- ernment of the Marshall Islands and appropriate United States providers of such health services. (i) Enjebi Community Trust Fund In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that not- withstanding 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 In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that the Government of the Marshall Islands and the Enewetak Local Government Council, in con- Page 295 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b sultation with the people of Enjebi, shall pro- vide for the creation of the Enjebi Community Trust Fund and the employment of the man- ager of the Enewetak Fund established pursu- ant 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 people of Enjebi, another United States investment manager with substantial experience in the administration of trusts and with funds under management in excess of $250,000,000. (2) Monitor conditions In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that 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 joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that in the event that the United States determines 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. (4) Resettlement of other location In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that in the event that the United States determines that within 25 years of January 14, 1986, the people of Enjebi cannot resettle Enjebi with- out 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 In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that prior to and during the distribution of the cor- pus 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 In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that neither under the laws of the Marshall Islands 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. (j) Bikini Atoll cleanup (1) Declaration of policy In the joint resolution of January 14, 1986 (Public Law 99–239), the Congress determined and declared 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 paragraph (2) and (3) of this sub- section. (2) Cleanup funds The joint resolution of January 14, 1986 (Public Law 99–239) authorized to be appro- priated such sums as necessary to implement 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 In the joint resolution of January 14, 1986 (Public Law 99–239) the Congress provided that the funds referred to in paragraph (2) were to 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. (k) Agreement on audits The Comptroller General (and his duly author- ized representatives) shall have the authorities necessary to carry out his responsibilities under section 232 of the U.S.-RMI Compact and the agreement referred to in section 462(b)(4) of the U.S.-RMI Compact, including the following au- thorities: (1) General authority of the Comptroller Gen- eral 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 Republic of the Marshall Islands Page 296 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b under Articles I and II of Title Two of the U.S.-RMI Compact; and (ii) any other assistance provided by the Government of the United States to the Gov- ernment of the Republic of the Marshall Is- lands. Such authority shall include authority for the Comptroller General to conduct or cause to be conducted any of the audits provided for in section 232 of the U.S.-RMI Compact. The au- thority provided in this paragraph shall con- tinue 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) Comptroller General 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 five years after the date such grant or assistance was provided and in a manner that permits such grants, assistance and payments to be ac- counted for distinct from any other funds of the Government of the Republic of the Mar- shall Islands. (3) Status of Comptroller General representa- tives The Comptroller General and his duly au- thorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comp- troller General and his duly authorized rep- resentatives shall not be liable to arrest or de- tention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such per- sons shall enjoy immunity from seizure of per- sonal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same tax- ation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Rela- tions. The privileges, exemptions and immuni- ties accorded under this paragraph are not for the personal benefit of the individuals con- cerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Gov- ernment of the Republic of the Marshall Is- lands. (4) 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 Repub- lic of the Marshall Islands has met the re- quirements set forth in the U.S.-RMI Com- pact, or any related agreement entered into under the U.S.-RMI Compact, regarding the purposes for which such grants and other as- sistance are to be used; and (B) the propriety of the financial trans- actions of the Government of the Republic of the Marshall Islands pursuant to such grants or assistance. (5) Cooperation by the Republic of the Mar- shall Islands The Government of the Republic of the Mar- shall Islands 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. (l) Kwajalein (1) Statement of policy It is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwaja- lein Atoll in accordance with the land use agreement dated October 19, 1982, or as amend- ed or superseded, and any related allocation agreements, is required in order to ensure that the Government of the United States will be able to fulfill its obligation and responsibil- ities under Title Three of the U.S.-RMI Com- pact and the subsidiary agreements concluded pursuant to the U.S.-RMI Compact. (2) Failure to pay (A) In general If the Government of the Marshall Islands fails to make payments in accordance with paragraph (1), the Government of the United States shall initiate procedures under sec- tion 313 of the U.S.-RMI Compact and con- sult with the Government of the Marshall Is- lands with respect to the basis for the non- payment of funds. (B) Resolution The United States shall expeditiously re- solve the matter of any nonpayment of funds required under paragraph (1) pursuant to section 313 of the U.S.-RMI Compact and the authority and responsibility of the Govern- ment of the United States for security and defense matters in or relating to the Mar- shall Islands. This paragraph shall be en- forced, as may be necessary, in accordance with section 1921d(e) of this title. Page 297 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921c (3) Disposition of increased payments pending new land use agreement Until such time as the Government of the Marshall Islands and the landowners of Kwaja- lein Atoll have concluded an agreement amending or superseding the land use agree- ment reflecting the terms of and consistent with the Military Use Operating Rights Agree- ment dated October 19, 1982, any amounts paid by the United States to the Government of the Marshall Islands in excess of the amounts re- quired to be paid pursuant to the land use agreement dated October 19, 1982, shall be paid into, and held in, an interest bearing escrow account in a United States financial institu- tion by the Government of the Republic of the Marshall Islands. At such time, the funds and interest held in escrow shall be paid to the landowners of Kwajalein in accordance with the new land use agreement. If no such agree- ment is concluded by the date which is five years after December 17, 2003, then such funds and interest shall, unless otherwise mutually agreed between the Government of the United States of America and the Government of the Republic of the Marshall Islands, be returned to the U.S. Treasury. (4) Notifications and report (A) The Government of the Republic of the Marshall Islands shall notify the Government of the United States of America when an agreement amending or superseding the land use agreement dated October 19, 1982, is con- cluded. (B) If no agreement amending or superseding the land use agreement dated October 19, 1982 is concluded by the date five years after De- cember 17, 2003, then the President shall report to Congress on the intentions of the United States with respect to the use of Kwajalein Atoll after 2016, on any plans to relocate ac- tivities carried out on Kwajalein Atoll, and on the disposition of the funds and interest held in escrow under paragraph (3). (5) Assistance The President is authorized to make loans and grants to the Government of the Marshall Islands to address the special needs of the community at Ebeye, Kwajalein Atoll, and other Marshallese communities within the Kwajalein Atoll, pursuant to development plans adopted in accordance with applicable laws of the Marshall Islands. The loans and grants shall be subject to such other terms and conditions as the President, in the discre- tion of the President, may determine are ap- propriate. (Pub. L. 108–188, title I, § 103, Dec. 17, 2003, 117 Stat. 2727; Pub. L. 110–229, title VIII, § 806(a)(1), May 8, 2008, 122 Stat. 871; Pub. L. 112–149, § 2, July 26, 2012, 126 Stat. 1144.) Editorial Notes REFERENCES IN TEXT The joint resolution of January 14, 1986 (Public Law 99–239), referred to in text, is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Asso- ciation Act of 1985, which is classified principally to part A of this subchapter 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. Public Law 95–134, referred to in subsecs. (f)(1)(A) and (h)(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. (f)(1)(A) and (h)(1), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For complete classification of this Act to the Code, see Ta- bles. Public Law 102–154, referred to in subsec. (g)(4), is Pub. L. 102–154, Nov. 13, 1991, 105 Stat. 990, known as the Department of the Interior and Related Agencies Ap- propriations Act, 1992. For complete classification of this Act to the Code, see Tables. This joint resolution, referred to in subsecs. (i) and (k)(5), is Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720, known as the Compact of Free Association Amend- ments Act of 2003, which enacted this part and provi- sions set out as notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization and Employees. 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. AMENDMENTS 2012—Subsec. (f)(1). Pub. L. 112–149 designated exist- ing provisions as subpar. (A), inserted heading, and added subpar. (B). 2008—Subsec. (c)(1). Pub. L. 110–229 substituted ‘‘Mar- shall Islands for the Implementation of Section 177’’ for ‘‘Marshall Islands for the Implementation of section 177’’. § 1921c. Interpretation of and United States pol- icy regarding U.S.-FSM Compact and U.S.- RMI Compact (a) Human rights In approving the U.S.-FSM Compact and the U.S.-RMI Compact, Congress notes the conclu- sion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that ‘‘our recommendation of a free associated state is in- dissolubly linked to our desire for such a demo- cratic, representative, constitutional govern- ment’’ and notes that such desire and intention are reaffirmed and embodied in the Constitu- tions of the Federated States of Micronesia and the Republic of the Marshall Islands. Congress also notes and specifically endorses the pre- amble to the U.S.-FSM Compact and the U.S.- RMI Compact, which affirms that the govern- ments of the parties to the U.S.-FSM Compact and the U.S.-RMI Compact are founded upon re- spect for human rights and fundamental free- doms for all. The Secretary of State shall in- clude in the annual reports on the status of internationally recognized human rights in for- eign countries, which are submitted to Congress pursuant to sections 2151n and 2304 of title 22, a full and complete report regarding the status of internationally recognized human rights in the Federated States of Micronesia and the Republic of the Marshall Islands. (b) Immigration and passport security (1) Naturalized citizens The rights of a bona fide naturalized citizen of the Federated States of Micronesia or the