§1921a — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Under sections 222 and 224 of the U.S.-FSM Compact, the United States must give the Federated States of Micronesia free technical help and training. This includes training and equipment to check mail for drugs and other illegal items. Money made available under section 1921d(j) can be used to pay U.S. state or local agencies that provide that help. The Comptroller General of the United States must be allowed to audit U.S. grants and other assistance to the Federated States of Micronesia under Articles I and II of Title Two, and any other U.S. help. The Comptroller General and staff can look at and copy people, records, documents, working papers, and computer files for those audits. Those records must be kept at least five years and kept separate from other FSM funds. The Comptroller General and staff have legal protections while doing their jobs, similar tax and immunity rules as in diplomatic practice, and must follow FSM laws. Audits mean checks of money, programs, and management, including whether funds were used for the right purposes. The Government of the Federated States of Micronesia must cooperate fully with these audits.

Title 48, §1921a

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)Pursuant to section 222 and 224 of the U.S.-FSM Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia to develop and adequately enforce laws of the Federated States of Micronesia and to cooperate with the United States in the enforcement 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)The Comptroller General (and his duly authorized representatives) shall have the authorities necessary to carry out his responsibilities under section 232 of the U.S.-FSM Compact and the agreement referred to in section 462(b)(4) of the U.S.-FSM Compact, including the following authorities:

(1)(A)The Comptroller General of the United States (and his duly authorized representatives) shall have the authority to audit—

(i)all grants, program assistance, and other assistance provided to the Government of the Federated States of Micronesia under Articles I and II of Title Two of the U.S.-FSM Compact; and

(ii)any other assistance provided by the Government of the United States to the Government of the Federated States of Micronesia.

(B)The Comptroller General (and his duly authorized representatives) shall also have authority 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 papers, automated data and files, and other information relevant to such review.

(2)(A)In carrying out paragraph (1), the Comptroller General (and his duly authorized representatives) shall have such access to the personnel and (without cost) to records, documents, working papers, automated data and files, and other information relevant to such audits. The Comptroller General may duplicate any such records, documents, working papers, automated data and files, or other information relevant to such audits.

(B)Such records, documents, working papers, automated data and files, and other information 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 Micronesia.

(3)The Comptroller General and his duly authorized 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 Comptroller General and his duly authorized representatives shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. The privileges, exemptions and immunities accorded under this paragraph are not for the personal benefit of the individuals concerned 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 Government of the Federated States of Micronesia.

(4)As used in this subsection, the term “audits” includes financial, program, and management audits, including determining—

(A)whether the Government of the Federated States of Micronesia has met the requirements set forth in the U.S.-FSM Compact, or any related agreement entered into under the U.S.-FSM Compact, regarding the purposes for which such grants and other assistance are to be used; and

(B)the propriety of the financial transactions of the Government of the Federated States of Micronesia pursuant to such grants or assistance.

(5)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 responsibilities under this joint resolution.

Notes & Related Subsidiaries

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 section 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.

§1921a Agreements with Federated States of Micronesia