
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1903]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
           CHAPTER 18--MICRONESIA, MARSHALL ISLANDS, AND PALAU
 
              SUBCHAPTER I--MICRONESIA AND MARSHALL ISLANDS
 
Sec. 1903. Agreements with and other provisions related to 
        Marshall Islands
        

(a) Law enforcement assistance

                            (1) Agreement

        The President of the United States shall negotiate 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 additional 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 specified in subparagraph (C) of this paragraph. The 
        United States and the Marshall Islands will authorize mutual 
        assistance with respect to investigations, inquiries, audits and 
        related activities by the law enforcement agencies of both 
        Governments in the United States and the Marshall Islands. In 
        conducting 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 substances

            The United States and the Marshall Islands will take all 
        reasonable and necessary steps, as mutually agreed, based upon 
        consultations 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 cultivation 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 subsection shall also 
        extend to, but not be limited to, prevention and prosecution of 
        violations 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 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 Marshall Islands to develop and adequately 
    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 section 1905(l) of this title 
    may be used to reimburse State or local agencies providing such 
    assistance.

                          (3) Consultation

        Any official, designated by this joint resolution 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 Congress on the 
    implementation of this subsection. 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 better to prevent and 
    prosecute violations of the laws of the United States and the 
    Marshall Islands. The reports required under section 2291(e) \1\ of 
    title 22 shall include relevant information concerning the Marshall 
    Islands.
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    \1\ See References in Text note below.
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(b) Economic development plans review process

                           (1) Submission

        Notwithstanding section 211(b) of the Compact, 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 identified 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 
        Congress; 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 findings 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 departments as 
    the President may decide to include in the report, as well as any 
    comments which the Marshall Islands may wish to have included.

(c) Ejit

    (1) 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 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 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 manner 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 approval.

(d) Kwajalein payments

                       (1) Statement of policy

        The Congress of the United States hereby declares 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 
    obligations 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 accordance with paragraph (1) of this 
    subsection, the Government of the United States shall initiate 
    procedures under Section 313 of the Compact 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 
    paragraph (1) of this subsection pursuant to Section 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 
    necessary, 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 
    Kwajalein Atoll Development Authority for the benefit of the 
    Kwajalein landowners of amounts sought by such authority for 
    development purposes, 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 conditions 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 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 Compact (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 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 
resolution procedures of Article II of Title Four of the Compact. 
Pending the resolution of such a dispute and until a qualified Fund 
Manager has been designated, the Government of the Marshall Islands 
shall place the funds paid by the United States pursuant to Article I of 
the Section 177 Agreement into an interest-bearing escrow 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 Section 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 Government, 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 qualifications 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 Manager, all remaining funds and assets being managed 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 received 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 understands and intends that 
the peoples of Bikini, Enewetak, Rongelap, and Utrik, who were affected 
by the United States nuclear weapons testing program in the Marshall 
Islands, will receive the amounts of $75,000,000 (Bikini); $48,750,000 
(Enewetak),\2\ $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 specified 
in this subsection shall be in addition to any amounts which may be 
awarded to claimants pursuant to Article IV of the subsidiary agreement 
for the implementation of Section 177 of the Compact.
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    \2\ So in original. The comma probably should be a semicolon.
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(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 Marshall Islands for the Implementation of Section 177 of the 
Compact (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 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 approved. It is the explicit understanding and intent of 
Congress that the jurisdictional limitations 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 Article X, and are not to be construed or implemented 
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 department 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 
    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 
        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 maintenance of the vessel used for such 
        purposes. The President shall ensure the assistance provided 
        under these programs reflects the changes in the population 
        since the inception of such programs.

                            (3) Payments

        Payments under this subsection shall be provided 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 
unconvinced 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 habitability of 
Rongelap Island, and to restore Rongelap Island, if necessary, so that 
it can be safely inhabited. Accordingly, it is the expectation 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 
scientist 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 thermonuclear test. It is the 
expectation of the Congress that the Government of the Marshall Islands, 
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 establish 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 Marshall 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 
supported by adequate data, the report to the President of the United 
States and the Congress shall so state. If the party reviewing the data 
concludes that the data are inadequate to support such conclusions as to 
habitability or that such conclusions as to habitability are not fully 
supported by the data, the Government of the Marshall 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 habitability of Rongelap Island. 
Such sums as are necessary for such survey and report concerning the 
results thereof and as to steps needed to restore the habitability of 
Rongelap Island are authorized to be made available to the Government of 
the Marshall Islands.
    (3) 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 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 
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 and Public Law 96-205 and 
their descendants (and any other persons identified as having been so 
affected if such identification occurs in the manner described in such 
public 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) 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) The Fund Manager shall retain the funds returned by the 
Government of the Marshall Islands pursuant to paragraph (2) of this 
subsection, 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 disbursements 
sufficient to continue to make payments for the provision of health 
services as specified in paragraph (1) of this subsection to such extent 
as may be provided in contracts between 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 implementation of Section 177 of the Compact, to be 
known as the ``Enjebi Community Trust Fund'' (hereafter 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 Secretary of the Treasury, 
upon request of the Government of the Marshall Islands, shall transfer 
the Fund to the Government of the Marshall Islands, provided that the 
Government of the Marshall 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 Community 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 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 million 
    dollars.

                       (2) Monitor conditions

        Upon the request of the Government of the Marshall Islands, the 
    United States shall monitor 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, including mean annual dose and 
    mean 30-year cumulative dose standards.

                     (3) Resettlement of Enjebi

        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 Island 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 event that the United States determines 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, 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.

                       (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 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.

(l) Bikini Atoll cleanup

                      (1) Declaration of policy

        The Congress hereby determines and declares 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 
    subsection.

                          (2) Cleanup funds

        There are hereby authorized to be appropriated such sums as are 
    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

        The funds referred to in paragraph (2) shall be made available 
    pursuant to Article VI, Section 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 consultation 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 representatives) 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 Government 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 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) GAO 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 three 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 Marshall 
    Islands.

          (3) Representative status for GAO representatives

        The Comptroller General and his duly authorized 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 accepted 
    accounting procedures, except 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 ``audits'' includes 
    financial, program, and management audits, including determining--
            (A) whether the Government of the Marshall Islands has met 
        the requirements 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 transactions of the 
        Government of the Marshall Islands pursuant to such grants or 
        assistance.

                 (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 
    audits 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, Sec. 103, Jan. 14, 1986, 99 Stat. 1778; Pub. 
L. 100-446, title I, Sec. 115, Sept. 27, 1988, 102 Stat. 1802; Pub. L. 
102-247, title III, Sec. 304, Feb. 24, 1992, 106 Stat. 39; Pub. L. 105-
209, Sec. 2, July 29, 1998, 112 Stat. 880.)

                       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 Islands 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, as amended, 
known as the Compact of Free Association Act of 1985, which is 
classified principally to this subchapter and chapter 19 (Sec. 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, Sec. 6(b)(2), (3), Nov. 
2, 1992, 106 Stat. 4932. See sections 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 Association with the Federated 
States of Micronesia, referred 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, as amended, popularly 
known as the Omnibus Territories Act of 1977. For complete 
classification of this Act to the Code, see Tables.
    Public Law 96-205, referred to in subsecs. (h)(1) and (j)(1), is 
Pub. L. 96-205, Mar. 12, 1980, 94 Stat. 84, as amended. For complete 
classification of this Act to the Code, see Tables.

                          Codification

    Section was formerly set out as a note under section 1681 of this 
title.


                               Amendments

    1998--Subsec. (h)(2). Pub. L. 105-209, Sec. 2(1), substituted 
``fifteen years'' for ``ten years'' in introductory provisions.
    Subsec. (h)(2)(B). Pub. L. 105-209, Sec. 2(2), inserted at end ``The 
President shall ensure the assistance provided 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 further contract only with a United States 
firm or a Republic 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 Islands'' after ``United States firm'' 
and, in subpar. (B), inserted ``, Rongelap, Utrik,'' after ``Bikini''.


              Tax Exemption for Enjebi Community Trust Fund

    Pub. L. 100-647, title VI, Sec. 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 Inhabitants 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, Sec. 106, as added by Pub. L. 96-205, title 
I, Sec. 102, Mar. 12, 1980, 94 Stat. 84; amended by Pub. L. 96-88, title 
V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided 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 Marshall Islands, for radiation exposure or other 
losses sustained 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 `Secretary') shall provide for the people of the 
atolls of Bikini, Enewetak, Rongelap, and Utirik and for the people of 
such other atolls as may be found to be or to have been exposed to 
radiation from the nuclear weapons 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 according to a plan developed by the Secretary in 
consultation with the Secretaries of Defense, Energy, and Health and 
Human Services and with the direct involvement of representatives from 
the people of each of the affected atolls and from the government of the 
Marshall Islands. The plan shall set forth, as appropriate to the 
situation, condition, and needs of the individual atoll peoples:
        ``(1) an integrated, comprehensive health care program including 
    primary, secondary, and tertiary care with special emphasis upon the 
    biological effects of ionizing radiation;
        ``(2) a schedule for the periodic comprehensive survey and 
    analysis of the radiological status of the atolls to and at 
    appropriate intervals, but not less frequently than once every five 
    years, the development of an updated radiation dose assessment, 
    together with an estimate of the risks associated with the predicted 
    human exposure, for each such atoll; and
        ``(3) an education and information program to enable the people 
    of such atolls to more fully understand 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 
responsible for implementing the various elements of the plan. With 
respect to general health care the Secretary shall consider, and shall 
include in his recommendations, the feasibility of using the Public 
Health Service. After consultation with the Chairman of the National 
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 recommendations for its 
improvement as such committee deems advisable.
    ``(2) At the request of the Secretary, any Federal agency shall 
provide such information, personnel, facilities, 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 appropriated 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 affected 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, Sec. 8, Dec. 8, 1983, 97 Stat. 1460, provided that: 
``The Secretary of the Interior is directed to implement 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 
Islands identified in such section immediately upon enactment of this 
section and shall promptly notify the Committee on Interior and Insular 
Affairs and the Committee on Appropriations of the House of 
Representatives 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 Affairs [now Committee on Resources] 
and Appropriations of the House of Representatives and the Committees on 
Energy and Natural Resources and Appropriations of the Senate together 
with the proposed budget for the next fiscal year, a description of the 
program and the estimated costs for implementation together with any 
recommendations which he may have for improvements in such program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1901, 1905, 1910, 1933, 1955 
of this title.
