FSMC, TITLE 55. GOVERNMENT FINANCE & CONTRACTS | ||
Chapter 3: Internal Budget
and Finance Procedures Under
the Compact of Free Association
Subchapters:
I:
Budget Procedures and Policies for Compact Funds (§§ 302-307)
II:
Financial Management of Compact Funds (§§ 308-320)
III:
Establishment of the Federated Development Authority (§§ 321-332)
IV: General Provisions (§§ 333-345)
Editor's note: Chapter 3, which was originally reserved for Government Contracts in the 1982 edition of the Code, was renumbered chapter 4 in the 1987 supplement.
PL
4-77 § 1, which is codified in this chapter, enacted verbatim the text of
the Agreement on Internal Budget and Finance Procedures under the Compact
of Free Association, which had been previously approved by the State
Legislatures.
PL
4-77 § 14 provides that this chapter shall take effect upon the effective
date of the Compact of Free Association. The Compact took effect on
November 3, 1986.
§ 301. Purpose.
The purpose of this chapter is to
establish internal budget and finance procedures for the Compact period,
including the establishment of a Federated Development Authority.
The provisions set forth hereinafter recognize the right of the FSM
States and the National Government to appropriate and expend Compact funds
in accordance with their own respective laws, plans, policies and
prerogatives. The provisions also recognize the necessity of
complying with the conditions and restrictions attached to Compact funds,
empowering the President with the authority to ensure compliance with such
conditions and restrictions, and ensuring accountable financial management
of all Compact funds.
Source: PL 4-77 § 1(Preamble).
and Policies for Compact Funds
§ 302. Three-year planning estimates.
§ 303. Budget allowances.
§ 304. Executive budget and budget projection submissions.
§ 305. Comprehensive annual budget.
§ 306. Reprogramming and redesignation/amendment to Overall Economic
Development Plan (OEDP).
§ 307. Apportionment/allocation certification.
On January 15 of the year preceding a
given fiscal year, the President will transmit two sets of Compact
planning estimates to each State Governor, one indicating the detailed
levels of Compact and other funding expected to be available to each
respective State for the upcoming fiscal year, and the second indicating
general expected levels of Compact and other funding for the two
subsequent fiscal years. Both sets of planning estimates will be
based on the distribution formulae in the Memorandum of Understanding on
the Division of Grant Assistance.
Source: PL 4-77 § 1, Article I(1).
(1) No later than April 15 of the year preceding a given fiscal year, the President will transmit a set of Compact budget allowances to each State Governor indicating the firm levels of Compact funding to be available to each respective State for the upcoming fiscal year, according to the U.S. notification cited in article II, section 1(b), of the Fiscal Procedures Agreement. The budget allowances will be based on the distribution formulae in the Memorandum of Understanding on the Division of Grant Assistance.
(2) Each government's operating and development budget intended for submission to the respective legislature, may not include proposed expenditures relating to Compact funds exceeding the amounts indicated in the Compact budget allowances. State and National enacted budgets will be balanced in terms of all sources of revenue.
Source: PL 4-77 § 1, Article I(2).
(1)
No later than May 1 of the year preceding a given fiscal year, each State
Governor and the FSM Budget Officer for the National Government will
submit to the President an executive budget for all sources of funds for
the upcoming fiscal year and executive budget projections for each of the
two subsequent fiscal years, based on the planning estimates for each of
those years and on local fund sources not included in the planning
estimates.
(2) Each executive budget will contain an operations
budget and a development budget, and include planned expenditures for all
sources of funds. The operations budget in the executive budget will
specify, for each government branch, department, office and agency or
authority, the existing commitment and new expenditure levels of
expenditures and staffing.
(3) The executive budget projections for each of the two
subsequent fiscal years will specify preliminary budget figures in summary
form, including existing commitment levels and estimated new expenditures
by government branch, department, office, and agency or authority and a
brief description of major new programs or equipment acquisitions
planned.
(4) The executive budget will include all expected
sources of foreign aid and technical assistance, including funds and
assistance provided under Compact sections 224 and 226. The
executive budget will specify how the aid or technical assistance will be
used and whether it will require the expenditure of other funds or cause
the deployment of new staff or the redeployment of existing
staff.
(5) The executive budget will include the annual special
block grant program plans for Compact section 221(b) grant funds required
by article XI, section 4, of the Federal Programs and Services Agreement.
The budgeted use of section 221(b) funds will be in accordance and
consistent with the guidelines and conditions set forth in the Federal
Programs and Services Agreement. The FSM Budget Officer will review
the special block grant program plans for consistency with the Federal
Programs and Services Agreement.
(6) Each State Governor and the President will include
in their executive budget and budget projection submissions an analysis of
major trends over the three years budgeted as regards funding sources,
spending emphases, staffing levels and program expansions or contractions.
The analysis of major trends will also specify the multi-year
strategy for meeting any overall funding decrease contained in the issued
planning estimates.
(7) The executive budget and budget projections of the
States and the National Government shall be as submitted by the Governor
or President to the Legislature or Congress as the annual budget document
for that government. Source: PL 4-77 § 1, Article I(3). Cross-reference: The statutory provisions on the Executive
are found in title 2 of this code.
(1) The President will consolidate the executive budget
and budget projection submissions into a comprehensive annual executive
budget.
(2) No later than May 15 of the year preceding a given
fiscal year, the President will submit the comprehensive annual executive
budget to the Congress of the Federated States of Micronesia and to the
State Governors and State Legislatures for information purposes. The
submission will include a budget message, with a presentation and analysis
of trends as regards funding sources, spending emphases, staff levels and
program expansions and contractions for the Nation as a whole. The
budget message will evaluate the adequacy of local revenue levels, the
preparedness of the Nation as a whole to meet the Compact funding
step-downs scheduled for the sixth and eleventh years following the
effective date of the Compact and the FSM strategy for foreign aid as it
relates to funding needs.
(3) The President may utilize the comprehensive annual
executive budget to support U.S. Government budget requests to the U.S.
Congress, as contained in article III, sections 1 and 3, of the Fiscal
Procedures Agreement. The budget projections section may also be
utilized to support FSM requests to the U.S. Government for supplemental
funding over and above the Compact funding for fiscal years subsequent to
the upcoming fiscal year. Source: PL 4-77 § 1, Article
I(4).
(1) Any reprogramming, redesignation or amendment to the
OEDP shall be authorized by the appropriate State or National Government
officials according to the specific legal process established by each
State government and the National Government.
(2) Reprogramming prior to the beginning of any fiscal
year shall be as follows: (a) At any
time prior to the beginning of a given fiscal year, major block grant
current account funds may be reprogrammed as capital account funds by
allocating more major block grant funds to the capital account. The
effect of this reprogramming is to devote more major block grant funding
to the capital account than the minimum percentage required allocation for
a given State or the National Government as specified in the Memorandum of
Understanding on the Division of Grant Assistance. Such a
reprogramming shall be executed, if at all, by including the change in the
apportionment/allocation certification submitted by each Governor and the
President on August 10. (b) At
any time prior to the beginning of a given fiscal year, current account
program funds may be reprogrammed as capital account program funds.
Such a reprogramming shall be executed, if at all, by submission of
a program account reprogramming notification to the President. The
President shall review the reprogramming to ascertain conformance of the
use of the program funds with the Compact. Reprogrammed use of program
account funds will be consistent with conditions on the use of funds
specified in the Compact and its related agreements. The effect of
this reprogramming is to amend the OEDP. The amendment to the OEDP may be
for a single year or for a number of years. (c)
At any time prior to August 10 of the year preceding a given fiscal year,
capital account program funds may be reprogrammed as current account
program funds. Such a reprogramming shall be executed, if at all, by
submission before August 10 of a program account reprogramming
notification to the President, for his review in accordance with
subsection (b) of this section. The effect of this reprogramming is
to amend the OEDP.
(3) Redesignation during the fiscal year
shall be as follows: (a) At any time
during a given fiscal year, major block grant current account funds may be
redesignated to the capital account. The effect of this
redesignation is to allocate more major block grant funds to the capital
account than the minimum allocation for a given State or the National
Government, as specified in the Memorandum of Understanding on the
Division of Grant Assistance. Such a redesignation may be executed
by submission of a notification of redesignation by the Governor or the
FSM Budget Officer to the President. The notification of
redesignation will include justification, in accordance with article II,
section 3(e), of the Fiscal Procedures Agreement. The President will
record this notification and issue two redesignation allotments showing
the increase in capital account and the decrease in current account, for
the given State or National Government, with the allotments to be
effective on the first day of the fiscal quarter at least 90 days
after receipt of such notification by the President. (b) At any
time during a given fiscal year, current account program funds may be
redesignated as capital account program funds. The effect of such a
redesignation is to amend the OEDP. Such a redesignation may be
executed by submission of a notification of redesignation, as in
subsection (a) of this section.
(4) Reprogrammed use of program account
funds will be consistent with conditions on use of such funds specified in
the Compact and its related agreements.
(5) No reprogramming or redesignation of
major block grant capital account as current account below the minimum
percentage set in the Memorandum of Understanding on the Division of Grant
Assistance may occur for any fiscal year, except by mutual agreement to
amend the Memorandum of Understanding on the Division of Grant
Assistance.
(6) No capital account program funds may be
reprogrammed as current account program funds after August 30 of the year
preceding the year in which the reprogramming is to be
effective.
(7) The project listing in the development
section of the executive budget submitted by each State Governor and the
FSM Budget Officer for the National Government to the President, in
accordance with section 304 of this chapter, will concurrently be the
proposed amendment to the OEDP. The development budget on its
effective date will constitute an effective amendment to the
OEDP. Source: PL
4-77 § 1, Article I(5). Cross-reference:
The statutory provisions on the Executive are found in title 2 of
this code.
(1) No later than August 10 of the year
preceding a given fiscal year, the Governor of each State and the FSM
Budget Officer for the National Government shall submit a copy of the
enacted appropriation law and will certify to the President a quarterly
apportionment of current account and current account program funds and
specify the allocation for capital account and capital program funds for
each quarter of the upcoming fiscal year, based on the appropriated budget
of each State and the National Government.
(2) The apportionment for the current
account and current account program funds will be on a quarterly basis,
with each quarterly share comprising at least 20 percent and not more than
30 percent of the total amount available for the fiscal year in question,
as specified in article II, section 2(c), of the Fiscal Procedures
Agreement.
(3) No later than August 25 of the year
preceding a given fiscal year, the FSM Budget Officer will consolidate the
State and National Government certifications and produce a nationwide
apportionment and allocation document.
(4) The Budget Officer will ensure that the
specification of fund used and the level of funds in the nationwide
apportionment and allocation document are consistent with the Memorandum
of Understanding on the Division of Grant Assistance, the OEDP and any
official revisions of the OEDP.
(5) The President will certify the
apportionment and allocation contained in the document to the U.S.
Government no later than August 30 of the year preceding the subject
fiscal year, as specified in article II, section 1(b), of the Fiscal
Procedures Agreement.
(6) The certification by the President to
the U.S. Government will include a designation of a bank or commercial
financial institution into which the U.S. Government will transfer Compact
funds into the titled and numbered account of the FSM.
(7) The quarterly apportionment schedule
cited in subsection (1) of this section may be modified during a given
fiscal year by the submission to the FSM President of a quarterly
apportionment schedule change request; provided, that the apportionment
after the change is in accordance with subsection (2) of this section.
In accordance with article II, section 2(c), of the Fiscal
Procedures Agreement, revision in the quarterly apportionment schedule
must be made not less than one fiscal quarter in advance of the quarter
for which the revised apportionment is to be effective. The FSM
Budget Officer will issue an allotment incorporating the change for the
quarter in which the change is to be effective.
(8) If a Governor fails to submit an
apportionment schedule by August 29, the President in his overall
certification to the U.S. Government will assume a 30/30/20/20 percentage
apportionment schedule for the State for the upcoming fiscal year.
If a State government or the National Government does not enact a
State or National budget prior to August 29 or approve an allocation
schedule for the upcoming fiscal year, the President in his overall
certification to the U.S. Government shall assume the current fiscal
year's allocation schedule. Source: PL
4-77 § 1, Article I(6). Cross-reference:
The statutory provisions on the Executive are found in title 2 of
this code.
Management of Compact
Funds §
308. Declaration of policy.
§
309. Secretary of Finance - Accounting
duties.
§
310. Compact Financial Assistance
Fund.
§
310A Authorization to debit certain
expenses.
§
311. Federated Development Authority -
Investment authority.
§
312. Allotment of funds.
§
313. Obligations.
§
314. Drawdown procedures - Cash
management.
§
315. Lapsing and reversion of current
Account Program Funds.
§
316. Unallotted current funds.
§
317. Close-out of capital project
accounts.
§
318. Internal reporting
requirements.
§
319. Annual report of the President to the
U.S. Government.
§
320. Implementation.
(1) All obligation and expenditure of
Compact funds shall be in accordance with the Compact of Free Association
and its related agreements, the Financial Management Act of each
respective government, and this chapter.
(2) The financial reporting systems of each
government shall provide full disclosure of the financial positions and
results of operations of each accounting fund in accordance with a uniform
and standardized format set forth by the Secretary of Finance. The
financial information generated from these systems shall include, but not
be limited to, all pertinent information needed to prepare comprehensive
annual financial reports as required by the Fiscal Procedures Agreement
and section 211(c) of the
Compact.
(3) The Secretary of Finance and the State
finance officers, together with the Budget Officers of the State and
National Governments, shall continuously review accounting and financial
reporting systems for the governments of the Federated States of
Micronesia and make recommendations for their improvement. Source: PL 4-77 §
1, Article II(1). The
Secretary of Finance shall have full and complete oversight over, and at
all times full and complete access to all financial records for, all
Compact funds of the State and National governments of the Federated
States of Micronesia. Source: PL
4-77 § 1, Article II(2).
(1) There is hereby created a "Compact
Financial Assistance Fund" to be administered by and under the authority
of the Secretary of Finance.
(2) The purpose of the Compact Financial
Assistance Fund is to account for Compact funds received from the U.S.
Government by the FSM National Government on behalf of itself and each of
the four States from the time of receipt of such Compact funding and until
such funding is drawn down by the respective government to which such
funding accrues.
(3) The accounting records and accounts
maintained for the Fund shall be in sufficient detail to provide a full
and complete accounting of Compact funds accruing to each jurisdiction and
within each jurisdiction to provide a full and complete accounting of
current account, capital account, and as may be required, program account
funds. The Fund shall also account for funds obligated for
investment, investment income earned on behalf of each government, and
investment expenses assessed to each government related to such earnings.
The Secretary of Finance shall report on the status of the account
on a monthly basis.
(4) Upon receipt of Compact funds from the
U.S. Government by the President of the FSM on behalf of the National
Government and each of the four State governments, the accounting records
of the Compact Financial Assistance Fund shall be updated to reflect the
amount of Compact funds received. Concurrently, the President shall
obligate and transfer to the Federated Development Authority for
investment purposes, all capital account funds received and to the extent
authorized by each Governor, current account Compact funds, excluding
program funds under section
221(b) of the Compact.
(5) Concurrently with subsection (4) of this
section, the FSM Budget Officer shall verify that the Compact funds
approved for transfer to the Federated States of Micronesia from the U.S.
Government have been received and recorded in the accounts of the Compact
Financial Assistance Fund. Upon such verification, the President
shall immediately certify to each Governor the current account, capital
account and program account funds received on behalf of each government
and the amount of such funding obligated and transferred to the Federated
Development Authority for investment purposes. Source: PL
4-77 § 1, Article II(3). Without
further authorization or appropriation, any appropriate Compact Financial
Assistance Fund account of the FSM National Government or a State
government may be debited for expenses, including trustee fees, associated
with such government's Compact Financial Assistance Fund accounts or with
such government's borrowing under the Compact Funds Financial
Act. Source: PL
6-69 § 18.
(1) As provided for in subchapter III of
this chapter, the Federated Development Authority is the designated agency
under which Compact funds available for investment are obligated and
placed. All Federated Development Authority investment funds shall
be managed by the Secretary of Finance for the Federated Development
Authority as provided in subchapter III of this chapter.
(2) The Federated Development Authority
shall maintain such accounting systems and records as necessary to account
for investment funds placed with the Authority by the President on behalf
of each government. Such accounts and accounting records shall also
include, but not be limited to, records supporting the investment earnings
of each government and investment expenses incurred related to such
investment earnings.
(3) The Secretary of Finance will ensure
that no Compact section 221(b) program account funds are obligated or
transferred to the Federated Development Authority for investment purposes
or held in interest bearing instruments by any government of the FSM, as
required by the Federal Programs and Services Agreement, article XI,
section 5(b). Source: PL 4-77 §
1, Article II(4).
(1) "Allotment"
means the delegation of authority to a person to create legally
enforceable financial obligations in accordance with applicable FSM State
or National law and the Compact and its related
agreements, within the limits specified in a National and State
appropriation act.
(2) The authority to make allotments of
Compact funds shall be vested in the President or his
designee.
(3) Funds shall be allotted as
follows: (a) The
President shall be allottee of all Compact funds allotted to the National
Government under this chapter for subsequent allotment in accordance with
National law. (b) The Governor
of a State shall be the allottee of all Compact funds allotted to the
State under this chapter for subsequent allotment in accordance with State
law.
(4) The President shall withhold allotment
of Compact funds where allotment would cause obligations, expenditures or
disbursements in violation of the terms of the Compact or its related
agreements, with particular attention to the listing of qualified capital
account uses in article II, section (3)(f), of the Fiscal Procedures
Agreement.
(5) The President will issue separate
allotments for: (a) each major
block grant current account quarterly share; (b) each current
account program fund quarterly share by type, specifying an account number
for each; (c) capital
account and capital account program funds in the aggregate or on a project
basis as requested at the beginning of the fiscal year or during the
fiscal year for projects which (i) have been appropriated, (ii)
are supported by a project control document, and (iii) are within
the scope of the Compact and its related agreements.
(6) The project control document shall
contain information related to the implementation of the project,
anticipated or actual contractual terms with the contractor, if selected,
and the name of the inspector assigned to certify progress
payments. (a) A project
control document shall be amended and resubmitted upon any amendment of
the State or National government appropriation law affecting such
document, and capital account funds shall be reallotted by the President
accordingly.
(7) All project control documents shall be
reviewed by the FSM Budget Officer for compliance with the terms of the
Compact, its related agreements and applicable appropriation laws prior to
allotment of the funds specified in the project control
document.
(8) The FSM Budget Officer shall maintain an
allotment control ledger. Source: PL 4-77 §
1, Article II(5).
(1) For the purpose of this chapter, the
term "obligation" shall have the same meaning as that term is used in
the respective Financial Management Acts of the governments, as in effect
on October 12, 1984, unless otherwise mutually agreed
upon.
(2) No officer or employee of any government
of the FSM, or allottee of funds shall make or otherwise authorize an
expenditure from, or create or authorize an obligation pursuant to, any
allotment of Compact funds: (a) in advance of
availability of funds by allotment; (b) for purposes other
than those for which an allotment has been made; or (c) in excess of the
sum made available by Compact fund allotment.
(3) Each State Governor and the FSM
Secretary of Finance will immediately report to the President any
violation of subsection (2) of this section. Source: PL 4-77 §
1, Article II(6).
(1) No later than August 30 of the year
preceding a given fiscal year, each State Governor and the Secretary of
Finance will submit to the President an annual cash drawdown schedule for
the upcoming fiscal year, detailing by month the anticipated current and
capital cash disbursement requirements of the State or National
Governments based on appropriated budgets, payroll information, additional
data from government officials, and anticipated project contract pay-out
schedules.
(2) Cash shall be disbursed by the Secretary
of Finance to State finance officers and the National Treasury subsequent
to allotment, for valid obligations and based upon an annual cash drawdown
schedule, a monthly submission of State cash needs, and a correlated
monthly budget execution report from the State Government. The
monthly submission of State cash needs should be submitted to the
Secretary of Finance by the twenty-first day of each month. Cash
disbursement shall be made no later than first day of the following
month.
(3) It is understood that the Secretary of
Finance cannot guarantee availability of cash in excess of the amounts
identified in the annual cash drawdown schedule. (a) In the event
of early termination of assets to provide a given government with cash in
advance of the availability according to the annual cash drawdown
schedule, then that given government will bear any and all penalties and
loss of interest incurred. (b) In case a monthly
cash needs submission of a given government specifies more funds for a
given period than is specified in the annual cash drawdown schedule, the
submitting government may allow a certain period to elapse before the
specified funds can be drawn down without penalty or bear any and all
penalties and loss of interest incurred.
(4) Cash drawdown shall be based on the
following procedures: (a) Current account: Current
account and current account program funds may be drawn down on a monthly
reimbursement basis, on a monthly advance cash needs basis, or on a
quarterly advance basis. (b) Capital account: Capital
account and capital account program funds may be drawn down on a monthly
reimbursement basis, on a monthly advance cash needs basis, or on an
advance basis for valid obligations. Source: PL
4-77 § 1, Article II(7).
(1) Allotments of Compact current account
program funds will specify an expiration date provided by the
appropriation laws of the respective State Legislature or Congress, upon
which unobligated funds previously allotted will lapse.
(2) Unobligated allotted funds will be
available for reallotment subsequent to: (a)
determination by the State finance officer or Secretary of Finance of the
total level of unobligated funds for each allotment; and (b) further
appropriation of unobligated funds by the State legislature or
Congress.
(3) Carried-over current account program
funds will be allotted by the FSM Budget Officer as current account
program funds or capital account program funds as specified by the State
Governor or President, in accordance with applicable law.
Carried-over current account program funds will be allotted by the
FSM Budget Officer for program account uses as specified in appropriation
laws. Source: PL 4-77 §
1, Article II(8). Funds
unallotted from current account and current account program funds to a
given government will be available for allotment upon appropriation in
future fiscal year, and will be included in the annual planning estimates
and budget allowances. Source: PL 4-77 §
1, Article II(9). The State
finance officer will close out Compact capital project accounts upon
project completion and ensure that no obligation of funds occurs after
project completion. The Close-out process will be conducted on a
timely basis. The Secretary of Finance will assist in the close-out
procedure of capital accounts after three months following project
completion, if such close-out has not been conducted by the State finance
officer. Unused spending authority resulting from project close-out
will revert to the unallotted capital account of the respective government
and shall be available for reallotment after appropriation for valid
capital account purposes. Source: PL
4-77 § 1, Article II(10).
(1) Each Governor and the Secretary of
Finance will submit to the President, on a monthly and year-to-date basis,
the following reports: (a) combined
balance sheet, including all fund types and account
groups; (b) statement of
actual and estimated revenues; (c) statement of
encumbrances and expenditures compared with budget on a department/office
or project basis; and (d) a state's cash
drawdown request.
(2) No later than January 1 of each
year, each Governor and the Secretary of Finance will submit a
comprehensive annual financial report to the President providing a full
accounting of each State or National legislature appropriation, including
obligations and expenditures, for all types of funds available to the
State or National government, as of the end of the prior fiscal year.
Such reports will conform with the standards established by the
Secretary of Finance. Source: PL
4-77 § 1, Article II(11). No later
than April 1 of each year the President will submit the "Annual
Report to the U.S. Government" to the U.S. President and U.S. Congress, in
accordance with article III, section 2, of the Fiscal Procedures Agreement
and section 211 of the Compact
of Free Association. Source: PL 4-77 §
1, Article II(12). The
Secretary of Finance shall be responsible for establishing procedures for
each respective government to comply with the provisions of this
chapter. Source: PL
4-77 § 1, Article II(13).
Federated Development
Authority §
321. Creation of the Federated Development
Authority.
§
322. Purpose.
§
323. Specific responsibilities of the
Authority.
§
324. General powers of the
Authority.
§
325. Debts and liabilities of the
Authority.
§
326. Policy board.
§
327. Annual directive on investment
policy.
§
328. Investments.
§
329. Director for the
Authority.
§
330. Utilization of State and National
personnel by the Authority.
§
331. Annual development reports
required.
§
332. Annual report on Authority
operations. There is
hereby created an entity to be known as the Federated Development
Authority, hereinafter referred to as the " Authority".
Source: PL
4-77 § 1, Article III(1). The
purpose of the Federated Development Authority is to provide an effective
institutional framework for the establishment of overall development
goals, policies and strategies for the Nation; the rationalization and
coordination of development efforts throughout the Nation, so that State
and national development programs will be complementary and mutually
supportive, rather than duplicative or competitive; and the sharing of
information and technical resources to ensure adequate program and project
evaluation, design and implementation. Source: PL 4-77 §
1, Article III(2).
(1) To receive funds from the President
pursuant to subsection (4) of section 310 of this chapter on behalf of the
State and National governments.
(2) To set policy directions and guidelines
to be followed by the Secretary of Finance in the administration of the
investment of Compact and other funds on behalf of the State and National
governments.
(3) To provide guidelines, advice, and
assistance in the formulation of economic development plans for the
Nation.
(4) To provide technical assistance upon
request to the State and National governments on a project-by-project
basis.
(5) To provide a means for all the
governments to share information and resource personnel.
(6) To assist in the preparation of the
annual development reports required by section 331 of this
chapter.
(7) To assist in the coordination and
solicitation of aid and technical assistance from foreign governments and
international organizations.
(8) To review and provide comments on the
development aspects of the budgets prepared pursuant to subsection (1) of
section 304, subsection (2) of section 305, and subsection (1) of section
307 of this chapter, which shall be submitted to the Authority by the
President. Source: PL 4-77 §
1, Article III(3). The
Authority shall have the authority:
(1) to adopt, alter, and use a
seal; (2) to sue and be sued in its own name; (3) to
adopt and amend bylaws governing the conduct of its business and the
exercise of its powers;
(4) to
enter into and perform such contracts, leases, memoranda of understanding,
or other transactions as may be necessary in the conduct of its business
and on such terms as it may deem appropriate;
(5) to acquire, in any lawful manner, real,
personal, or mixed property, either tangible or intangible; to hold,
maintain, use, and operate such property; and to sell, lease or otherwise
dispose of such property;
(6) to retain and terminate the services of
employees, agents, attorneys, auditors, and independent contractors, and
require bonds for the faithful performance of their duties and to pay the
premiums for such bonds.
(7) to determine the character of and the
necessity for its obligations and expenditures, subject to the provisions
of law, specifically, applicable to the Authority;
(8) to execute all instruments
necessary or appropriate in the exercise of its power;
(9) to do all such other things as may be
deemed incidental to, or conductive to, the attainment of the
responsibilities of the Authority. Source: PL 4-77 §
1, Article III(4). The debts
or obligations of the Authority shall not be the debts or obligations of
the National Government or the State Governments, nor shall they be
responsible for the same. No action shall be brought in any court in
the Federated States of Micronesia against the National Government or the
State governments or any political subdivision thereof because of any
activities, actions, or omissions of the Authority, its board members,
officers, employees or agents. Source: PL 4-77 §
1, Article III(5).
(1) The Authority shall be managed and its
powers exercised by the Policy Board. The Policy Board shall consist
of the chief executives of the State and National Governments of the FSM.
The Policy Board shall appoint a Chairman for a term of one year,
who may be reappointed by action of the Board.
(2) Members of the Policy Board will be
fiduciaries with respect to the direction of investment policy and
supervision of the Secretary of Finance for all investment
funds.
(3) The President and each Governor may
designate in writing a person to represent the National government or his
State for Policy Board meetings and activities.
(4) A quorum shall consist of four
representatives of the Policy Board. No action shall be taken by the
Policy Board unless a quorum is present. Decisions of the Board
shall be made by majority vote.
(5) Members of the Policy Board shall not be
entitled to compensation. Source: PL
4-77 § 1, Article III(6).
(1) The Policy Board shall issue an annual
directive on investment policy to the Secretary of Finance no later than
June 30 of each year for the upcoming fiscal year, providing investment
policy guidelines on all Compact and other funds held by the Authority for
investment.
(2) The goal of investment policy shall be
to maximize investment returns while maintaining adequate liquidity and
high standards of safety and quality of assets, and giving due
consideration to the need to stimulate the Nation's
economy.
(3) Each member of the Board and each
employee, agent, and contractor of the Federated Development Authority
shall be considered a "public official" within the meaning of
subsection (2) of section 1301 of title 11 of this code. Source: PL
4-77 § 1, Article III(7). Cross-reference:
The provisions of chapter 13 of title 11 (Crimes) of this code are on
Conflict of Interest.
(1) The Secretary of Finance and staff
members designated by him will be fiduciaries with respect to the
management of investment and disbursement of funds on behalf of the
States, the National Government and the Federated Development
Authority.
(2) The Secretary of Finance, with the
concurrence of the Authority Policy Board, may select and contract with a
public or private sector investment counsel to manage the portfolio of
investments. Such investment counsel shall be a fiduciary with
respect to services rendered. Such fiduciary relationship shall be
specified in a written agreement between the investment counsel and the
Secretary of Finance.
(3) Funds invested will include all Compact
and other funds prior to drawdown by the governments except Compact
section 221(b) funds.
(4) The Secretary of Finance will maintain
an investment control ledger with one account for each
government.
(5) Funds may be invested on an aggregate
basis.
(6) Net earnings on invested funds will be
credited to the account of each government based on the proportion and
duration of the funds of a given government in the investment
portfolio. "Net earnings" shall be defined as the excess of
interest earned over costs of administering the
investments. Source: PL
4-77 § 1, Article III(8). The
National Planner shall serve as the director of the Authority and shall
provide necessary administrative support to the Federated Development
Authority. Source: PL 4-77 §
1, Article III(9). The
technical staff of the Authority will be drawn from the existing staffs of
the State and National governments, to the extent practicable. The
director of the Authority may request and assign technical staff from the
governments for temporary assignment with the Authority, with the cost
allocation of such assignment to be arranged by the
director. Source: PL
4-77 § 1, Article III(10). No later
than January 15 of each fiscal year, each government will submit to the
Authority an annual development report for the prior fiscal year,
including:
(1) Material describing the implementation
of the relevant State or National portion of the OEDP in the prior year,
including how Compact funds were used in the achievement of the goals,
objectives and general and specific programs set forth in the relevant
portions of the OEDP; and
(2) Material describing amendments to the
OEDP by the respective government, and comparing the planned use of
Compact funds as projected in the OEDP with the actual
use. Source: PL 4-77 §
1, Article III(11). No later
than January 1 of each fiscal year, the Authority shall issue an annual
report on Authority operations during the prior fiscal year to the
speakers of the Congress and the four state legislatures. The report
shall include:
(1) a description of the scope of technical
assistance and advice provided to the State and National governments in
the prior fiscal year; and
(2) a comprehensive report on the investment
activity including net earnings on investment and cost of
operations. Source: PL 4-77 §
1, Article III(12).
§
333. Delegation of authority.
§
334. Approval and effective
date.
§
335. Amendment.
§
336. Termination.
§
337. Duration.
§
338. Penalties.
§
339. Definitions.
§
340. Concluding provisions.
§
341. Compact Financial Assistance
Fund.
§
342. Amendments to agreement.
§
343. Reports.
§
344. Compliance.
§
345. Exceptional Redesignation of
Funds. The
President and each Governor may designate officials of the National and
State governments, respectively, to act on their behalf with respect to
the duties and responsibilities vested in them by this chapter. Such
designation shall be in writing. Source: PL 4-77 §
1, Article IV(1).
(1) This chapter shall come into effect
subsequent to: (a) execution by the
President of the Federated States of Micronesia and the Governor of each
State; and (b) submission, for
review, to the Congress of the Federated States of Micronesia and the
legislature of each State.
(2) The President, Governors, and other
officials designated in this chapter are authorized to take such actions
as are necessary to ensure that this chapter can be fully implemented on
the effective date of the Compact of Free Association; provided, that the
requirements of the chapter shall not be construed or interpreted as
applicable to any funds until the effective date of the
Compact. Source: PL
4-77 § 1, Article IV(2). The
provisions of this chapter may be amended at any time by mutual agreement
of the governments. Source: PL
4-77 § 1, Article IV(3). This
chapter may be terminated at any time by mutual agreement of the
governments. Source: PL
4-77 § 1, Article IV(4). The
provisions of this chapter relating to the creation, authority, and
responsibilities of the Federated Development Authority shall remain in
full force and effect for five years after the effective date of the
Compact of Free Association, and may be extended thereafter by mutual
agreement of the governments. The remaining provisions of this
chapter shall remain in full force and effect during the effectiveness of
title II of the Compact of
Free Association. Source: PL 4-77 §
1, Article IV(5). Any
officer or employee of any State or the National Government who shall
knowingly and willfully violate subsections (2) and (3) of section 313 of
this chapter shall, upon conviction, be subject to the penalties specified
in section 223 of this
title. Source: PL
4-77 § 1, Article IV(6), modified.
§ 339. Definitions.
For
purposes of this chapter only, the following terms shall have the
following meanings:
(1) "Annual
report" means the annual report of the President to the U.S.
Government in compliance with section 211(c) of the
Compact.
(2) "Capital
account" means the capital account funding defined in sections 211 and 461(j) of the Compact
and as further defined and described in the Fiscal Procedures Agreement
and this chapter.
(3) "Capital account
program funds" means program account funds specified in the OEDP as
being programmed for capital account use, as defined in article II,
section 3(f), of the Fiscal Procedures Agreement.
(4) "Current
account" means the current account funding defined in section 461(k) of the
Compact and as further defined and described in the Fiscal Procedures
Agreement and this chapter.
(5) "Current account
program funds" means program account funds specified in the OEDP as
being programmed for operational type uses, and subject to quarterly
drawdown.
(6) "Existing
commitment level" means the spending level needed in a fiscal year to
maintain existing activities and including no new programs, travel or
staff, limited equipment replacement and increases over the prior year
based strictly on increases of nondiscretionary costs, such as utility
cost, air fares, personnel step or grade increases and inflation-driven
cost increases.
(7) "Federal
Programs and Services Agreement" means the "Federal Programs and
Services Agreement Concluded Pursuant to Article II of Title two and Section 232 of the Compact
of Free Association" as executed on October 1, 1982, by the Government
of the Federated States of Micronesia and the Government of the United
States.
(8) "Federated
Development Authority" means an entity with juridical existence
organized in accordance with the laws of the Government of the Federated
States of Micronesia, subject to the control of the FSM at least insofar
as Government accounts are concerned, subject to the provisions of
the Compact and the Fiscal
Procedures Agreement to the extent specified in the Fiscal Procedures
Agreement and described, by inclusion of its organization, in the OEDP and
as further defined and described in this chapter.
(9) "Fiscal
Procedures Agreement" means the "Agreement Concerning Procedures
for the Implementation of United States Economic Assistance, Programs and
Services Provided in the Compact of
Free Association," entered into in June 1983 by the U.S. Government
and the FSM Government.
(10) "Fiscal
year" means the fiscal year of the Government of the United States
commencing on the first day of October of one calendar year and ending on
the thirtieth day of September of the following calendar year, or as may
subsequently be provided by the laws of the United States. (11) "Memorandum of Understanding on the Division of
Grant Assistance" means
the "Memorandum of Understanding with respect to the Division of
Grant Assistance under the Compact of Free Association among the National
and State Governments of the Federated States of Micronesia," entered into
in January and February 1984 by the State and National Governments of the
FSM. (12) "New expenditure level" means the spending level
requested for any new operational projects, programs, travel, staff,
contracts, equipment or other object or expenditure. (13) "OEDP" means the "Official Overall Economic Development Plan," as
defined in sections 211(b) and 461(1) of the Compact and as further
described in the Fiscal Procedures Agreement. (14) "Program account" means the 12 Compact fund types
as specified in Compact
sections 212, 213(b), 214(b), 215(a)(2), 215(b)(2), 216(a)(1), 216(a)(2),
216(a)(3), 216(b), 221(a)(2), 221(b), and
221(c). Source: PL 4-77 §
1, Article IV(7).
(1) It is the solemn obligation of the
National and State governments to uphold the provisions of this chapter.
They pledge that they are so committed.
(2) Each of the governments of the Federated
States of Micronesia shall take all necessary steps, of a general or
particular character, to ensure, not later than the effective date of the
Compact of Free
Association, the conformity of its laws, regulations and
administrative procedures with the provisions of this
chapter. Source: PL 4-77 §
1, Article IV(8). Funds
deposited in the Compact Financial Assistance Fund, created by section 310
of this chapter, shall be administered, allotted to the State governments,
obligated and transferred to the Federated Development Authority, and
drawn down by the State governments in accordance with this chapter,
without requirement for an appropriation by the National
Government. Source: PL
4-77 § 1, Article IV(8)(2). Mutual
agreement by the Government of the Federated States of Micronesia as
provided for in sections 335, 336, and 337 of this chapter which results
in the amendment, extension, or termination of all or any part of such
chapter shall be effected only by an act of the Congress. Source: PL
4-77 § 1, Article IV(8)(3). The
President shall report immediately to the Congress of the Federated States
of Micronesia on any failure to comply with the provisions of this chapter
and on any withholding or withdrawal of allotment pursuant to subsection
(4) of section 312 of this chapter or this section. Source: PL 4-77 §
1, Article IV(8(4)). If the
President of the Federated States of Micronesia determines that any
government is not acting in compliance with one or more provisions of the
Compact of Free Association
or its related agreements, this chapter, or rules and regulations
promulgated pursuant to this chapter, he shall confer with the appropriate
government in an effort to remedy the effects of such noncompliance and to
ensure future compliance with such provisions. The President may
withhold or withdraw allotment of Compact financial assistance until such
time as such government has taken adequate steps to comply with such
provisions. Source: PL
4-77 § 1, Article IV(8)(5). Notwithstanding
sections 306 and 335 of this chapter, the State of Pohnpei shall be
permitted to redesignate to the current account that portion of its fiscal
year 1997 and 1998 Compact block grant section 217 (inflation
adjustment) funds previously designated to the capital account;
provided, however, that the redesignation for fiscal year 1998 shall not
exceed $1,200,000; and provided further that with these two exceptions, at
least 40% of Compact block grant section 217 (inflation adjustment) funds
in each fiscal year must have been and continue to be designated to the
capital account. The designation of block grant section 217
(inflation adjustment) funds shall follow the formula for the base amount
of section 211 block grant
funds under subparagraph (b) of paragraph 3 of the Memorandum of
Understanding on the Division of Grant Assistance. Source: PL 10-5, § 5; PL 10-95, §
1. Editor's note:
PL 10-5 was signed into law on July 4, 1997. Section 2 of PL 10-95 states as
follows: Section 2. The State of Pohnpei shall not be
permitted to make the redesignation for fiscal year 1998 pursuant to
section 345 of title 55 except upon mutual agreement of the four State
governments of the Federated States of Micronesia.
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