PRIA, Government Policy, Made Personal

Summary

The United States must give free technical help, training, and equipment to the Federated States of Micronesia (FSM) so FSM can make and enforce its own laws and help enforce U.S. criminal laws. This help can include training and tools for postal checks for illegal drugs and other banned items. Money made available under section 1921d(j) may be used to pay back U.S. state or local agencies that provide that help. The Comptroller General of the United States (the federal auditor) has the power to audit all grants and other U.S. aid to FSM under Articles I and II of Title Two of the Compact and any other U.S. assistance. That audit power lasts at least three years after the last aid is given. The Comptroller General may review other U.S. audits and must be allowed to see and copy records, data, working papers, and talk with staff at no cost. Those records must be kept for at least five years and kept separate so the aid can be tracked. The Comptroller General’s representatives get legal protections for acts done in their official jobs, including limited immunity and tax exemptions like Article 34 of the Vienna Convention, so they can do their work independently; they must still respect FSM laws. Audits mean financial, program, and management checks to see if FSM used the aid properly, and FSM must fully cooperate.

Title 48, §1921a

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Law enforcement assistance

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)Agreement on audits

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)General authority of the Comptroller General to audit

(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.

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.-FSM Compact. The authority provided 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 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)Comptroller General access to records

(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)Status of Comptroller General representatives

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)Audits defined

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)Cooperation by Federated States of Micronesia

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