Compact of Free Association
An Assessment of the Amended Compacts and Related Agreements Gao ID: GAO-03-1007T July 15, 2003In 1986, the United States entered into a Compact of Free Association with the Pacific Island nations of the Federated States of Micronesia, or FSM, and the Republic of the Marshall Islands, or RMI. The Compact provided about $2.1 billion in U.S. funds, supplied by the Department of the Interior, over 17 years (1987-2003) to the FSM and the RMI. These funds were intended to advance economic development. In a past report, GAO found that this assistance did little to advance economic development in either country, and accountability over funding was limited. The Compact also established U.S. defense rights and obligations in the region and allowed for migration from both countries to the United States. The three parties recently renegotiated expiring economic assistance provisions of the Compact in order to provide an additional 20 years of assistance (2004-2023). In addition, the negotiations addressed defense and immigration issues. The House International Relations and Resources Committees requested that GAO report on Compact negotiations.
The amended Compacts of Free Association between the United States and the FSM and the RMI to renew expiring U.S. assistance could potentially cost the U.S. government about $6.6 billion in new authorizations from the Congress. Of this amount, $3.5 billion would cover payments over a 20-year period (2004-2023), while $3.1 billion represents payments for U.S. military access to Kwajalein Atoll in the RMI for the years 2024 through 2086. While the level of annual grant assistance to both countries would decrease each year, contributions to trust funds--meant to eventually replace grant funding--would increase annually by a comparable amount. Nevertheless, at an assumed annual 6 percent rate of return, earnings from the FSM trust fund would be unable to replace expiring grant assistance in 2024, while earnings from the RMI trust fund would encounter the same problem by 2040. The amended Compacts strengthen reporting and monitoring measures that could improve accountability over assistance, if diligently implemented. These measures include the following: assistance grants would be targeted to priority areas such as health and education; annual reporting and consultation requirements would be expanded; and funds could be withheld for noncompliance with grant terms and conditions. The successful implementation of the many new accountability provisions will require appropriate resources and sustained commitment from the United States, the FSM, and the RMI. Regarding defense, U.S. military access to Kwajalein Atoll in the RMI would be extended from 2016 through 2066, with an option to extend through 2086. Finally, Compact provisions addressing immigration have been strengthened. For example, FSM and RMI citizens entering the United States would need to carry a passport, and the U.S. Attorney General could, through regulations, specify the time and conditions of admission to the United States for these citizens.
GAO-03-1007T, Compact of Free Association: An Assessment of the Amended Compacts and Related Agreements
This is the accessible text file for GAO report number GAO-03-1007T
entitled 'Compact of Free Association: An Assessment of the Amended
Compacts and Related Agreements' which was released on July 15, 2003.
This text file was formatted by the U.S. General Accounting Office
(GAO) to be accessible to users with visual impairments, as part of a
longer term project to improve GAO products' accessibility. Every
attempt has been made to maintain the structural and data integrity of
the original printed product. Accessibility features, such as text
descriptions of tables, consecutively numbered footnotes placed at the
end of the file, and the text of agency comment letters, are provided
but may not exactly duplicate the presentation or format of the printed
version. The portable document format (PDF) file is an exact electronic
replica of the printed version. We welcome your feedback. Please E-mail
your comments regarding the contents or accessibility features of this
document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
Testimony:
Before the Committee on Energy and Natural Resources, U.S. Senate:
United States General Accounting Office:
GAO:
For Release on Delivery Expected at 2:30 p.m. EDT:
Tuesday, July 15, 2003:
Compact of Free Association:
An Assessment of the Amended Compacts and Related Agreements:
Statement of Susan S. Westin, Managing Director International Affairs
and Trade:
Compact of Free Association:
GAO-03-1007T:
GAO Highlights:
Highlights of GAO-03-1007T, a testimony before the Senate Committee on
Energy and Natural Resources
Why GAO Did This Study:
In 1986, the United States entered into a Compact of Free Association
with the Pacific Island nations of the Federated States of Micronesia,
or FSM, and the Republic of the Marshall Islands, or RMI. The Compact
provided about $2.1 billion in U.S. funds, supplied by the Department
of the Interior, over 17 years (1987-2003) to the FSM and the RMI.
These funds were intended to advance economic development. In a past
report, GAO found that this assistance did little to advance economic
development in either country, and accountability over funding was
limited. The Compact also established U.S. defense rights and
obligations in the region and allowed for migration from both
countries to the United States.
The three parties recently renegotiated expiring economic assistance
provisions of the Compact in order to provide an additional 20 years
of assistance (2004-2023). In addition, the negotiations addressed
defense and immigration issues. The House International Relations and
Resources Committees requested that GAO report on Compact negotiations.
This testimony discusses negotiated changes to the levels and
structure of future assistance, including the potential cost to the
U.S. government. Further, it reviews accountability, defense, and
immigration changes brought about by the amended Compacts and related
agreements.
What GAO Found:
The amended Compacts of Free Association between the United States and
the FSM and the RMI to renew expiring U.S. assistance could
potentially cost the U.S. government about $6.6 billion in new
authorizations from the Congress. Of this amount, $3.5 billion would
cover payments over a 20-year period (2004-2023), while $3.1 billion
represents payments for U.S. military access to Kwajalein Atoll in the
RMI for the years 2024 through 2086. While the level of annual grant
assistance to both countries would decrease each year, contributions
to trust funds–meant to eventually replace grant funding–would
increase annually by a comparable amount. Nevertheless, at an assumed
annual 6 percent rate of return, earnings from the FSM trust fund
would be unable to replace expiring grant assistance in 2024, while
earnings from the RMI trust fund would encounter the same problem by
2040.
The amended Compacts strengthen reporting and monitoring measures that
could improve accountability over assistance, if diligently
implemented. These measures include the following: assistance grants
would be targeted to priority areas such as health and education;
annual reporting and consultation requirements would be expanded; and
funds could be withheld for noncompliance with grant terms and
conditions. The successful implementation of the many new
accountability provisions will require appropriate resources and
sustained commitment from the United States, the FSM, and the RMI.
Regarding defense, U.S. military access to Kwajalein Atoll in the RMI
would be extended from 2016 through 2066, with an option to extend
through 2086. Finally, Compact provisions addressing immigration have
been strengthened. For example, FSM and RMI citizens entering the
United States would need to carry a passport, and the U.S. Attorney
General could, through regulations, specify the time and conditions of
admission to the United States for these citizens.
Mr. Chairman and Members of the Committee:
I am pleased to be here today to testify on the Compact of Free
Association between the United States and the Pacific Island nations of
the Federated States of Micronesia, or the FSM, and the Republic of the
Marshall Islands, or the RMI.[Footnote 1] In 1986, the United States
entered into this Compact with the two countries after almost 40 years
of administering the islands under the United Nations Trust Territory
of the Pacific Islands. The Compact has provided U.S. assistance to the
FSM and the RMI in the form of direct funding as well as federal
services and programs for almost 17 years. Further, the Compact
establishes U.S. defense rights and obligations in the region and
allows for migration from both countries to the United States.
Provisions of the Compact that address economic assistance were
scheduled to expire in 2001; however, they can remain and have remained
in effect while the United States and each nation renegotiated the
affected provisions.[Footnote 2]
Today I will discuss our review of the amended Compacts and related
agreements that the United States signed with the FSM and the RMI in
May and April of 2003, respectively. (According to a Department of
State official, while the original Compact was one document that
applied to both the FSM and the RMI, the Compact that has been amended
is now a separate Compact with each nation.) Specifically, I will
discuss changes to levels and structure of future assistance, including
the potential cost to the U.S. government. Further, I will comment on
changes in accountability and other key issues addressed in the amended
Compacts and related agreements.
Summary:
The amended Compacts of Free Association with the FSM and the RMI to
renew expiring assistance would require about $3.5 billion in funding
over the next 20 years with a total possible authorization through 2086
of $6.6 billion from the U.S. Congress.[Footnote 3] The amended
Compacts would provide decreasing levels of annual assistance over a
20-year term (2004-2023) in order to encourage budgetary self-reliance.
Simultaneously, the Compacts would require building up a trust fund
(with contributions that would increase annually) for each country to
generate annual earnings that would replace the grants that end in
2023. Per capita grant assistance would fall over the 20-year period,
particularly for the RMI. At an assumed trust fund rate of return of 6
percent, in 2024 the RMI trust fund would cover expiring grant
assistance, while the FSM trust fund would be insufficient to replace
grants. By the year 2040, however, RMI trust fund returns also would be
unable to replace grant funding.
The amended Compacts include many strengthened reporting and monitoring
measures that could improve accountability if diligently implemented.
The amended Compacts and related agreements have addressed most of the
recommendations that we have made in past reports regarding assistance
accountability. For example, assistance would be provided through
grants targeted to priority areas, such as health and education, and
with specific terms and conditions attached. Annual reporting and
consultation requirements would be expanded, and funds could be
withheld for noncompliance with Compact terms and conditions. However,
the successful implementation of the many new accountability provisions
will require a sustained commitment and appropriate resources from the
United States, the FSM, and the RMI.
The amended Compacts address other key issues. One key change to
Compact defense provisions would occur-U.S. military access to
Kwajalein Atoll in the RMI could be extended from 2016 to 2086. This
extension would cost $3.4 billion of the total possible authorization
of $6.6 billion. Further, amended Compact provisions on immigration
have been strengthened. FSM and RMI citizens entering the United States
would need to carry a passport, and regulations could be promulgated
that would impose time limits and other conditions on admission to the
United States for these citizens.
Background:
The 1986 Compact of Free Association between the United States, the
FSM, and the RMI provided a framework for the United States to work
toward achieving its three main goals: (1) to secure self-government
for the FSM and the RMI, (2) to assist the FSM and the RMI in their
efforts to advance economic development and self-sufficiency, and (3)
to ensure certain national security rights for all of the parties. The
first goal has been met. The FSM and the RMI are independent nations
and are members of international organizations such as the United
Nations.
The second goal of the Compact-advancing economic development and self-
sufficiency for both countries-was to be accomplished primarily through
U.S. direct financial payments (to be disbursed and monitored by the
U.S. Department of the Interior) to the FSM and the RMI. For 1987
through 2003, U.S. assistance to the FSM and the RMI to support
economic development is estimated, on the basis of Interior data, to be
about $2.1 billion.[Footnote 4] Economic self-sufficiency has not been
achieved. Although total U.S. assistance (Compact direct funding as
well as U.S. programs and services) as a percentage of total government
revenue has fallen in both countries (particularly in the FSM), the two
nations remain highly dependent on U.S. funds. U.S. direct assistance
has maintained standards of living that are higher than could be
achieved in the absence of U.S. support. Further, the U.S., FSM, and
RMI governments provided little accountability over Compact
expenditures.
The third goal of the Compact-securing national security rights for all
parties-has been achieved. The Compact obligates the United States to
defend the FSM and the RMI against an attack or the threat of attack in
the same way it would defend its own citizens. The Compact also
provides the United States with the right of "strategic denial," the
ability to prevent access to the islands and their territorial waters
by the military personnel of other countries or the use of the islands
for military purposes. In addition, the Compact grants the United
States a "defense veto." Finally, through a Compact-related agreement,
the United States secured continued access to military facilities on
Kwajalein Atoll in the RMI through 2016.[Footnote 5] In a previous
report, we identified Kwajalein Atoll as the key U.S. defense interest
in the two countries.[Footnote 6] Of these rights, only the defense
veto is due to expire in 2003 if not renewed.
Another aspect of the special relationship between the FSM and the RMI
and the United States involves the unique immigration rights that the
Compact grants. Through the original Compact, citizens of both nations
are allowed to live and work in the United States as "nonimmigrants"
and can stay for long periods of time, with few restrictions.[Footnote
7] Further, the Compact exempted FSM and RMI citizens from meeting U.S.
passport, visa, and labor certification requirements when entering the
United States. In recognition of the potential adverse impacts that
Hawaii and nearby U.S. commonwealths and territories could face as a
result of an influx of FSM and RMI citizens, the Congress authorized
Compact impact payments to address the financial impact of these
nonimmigrants on Guam, Hawaii, and the Commonwealth of the Northern
Mariana Islands (CNMI).[Footnote 8] By 1998, more than 13,000 FSM and
RMI citizens had made use of the Compact immigration provisions and
were living in the three areas. The governments of the three locations
have provided the U.S. government with annual Compact nonimmigrant
impact estimates; for example, in 2000 the total estimated impact for
the three areas was $58.2 million. In that year, Guam received $7.58
million in impact funding, while the other two areas received no
funding.[Footnote 9]
In the fall of 1999, the United States and the two Pacific Island
nations began negotiating economic assistance and defense provisions of
the Compact that were due to expire. Immigration issues were also
addressed. According to the Department of State, the aims of the
amended Compacts are to (1) continue economic assistance to advance
self-reliance, while improving accountability and effectiveness; (2)
continue the defense relationship, including a 50-year lease extension
(beyond 2016) of U.S. military access to Kwajalein Atoll in the RMI;
(3) strengthen immigration provisions; and (4) provide assistance to
lessen the impact of Micronesian migration on Hawaii, Guam, and the
CNMI.
Amended Compacts Would Alter Assistance Levels and Structure:
Under the amended Compacts with the FSM and the RMI, new congressional
authorizations of approximately $3.5 billion in funding would be
required over the next 20 years, with a total possible authorization
through 2086 of $6.6 billion. Economic assistance would be provided to
the two countries for 20 years-from 2004 through 2023-with all
subsequent funding directed to the RMI for continued U.S. access to
military facilities in that country. Under the U.S. proposals, annual
grant amounts to each country would be reduced each year in order to
encourage budgetary self-reliance and transition the countries from
receiving annual U.S. grant funding to receiving annual trust fund
earnings. This decrease in grant funding, combined with FSM and RMI
population growth, would also result in falling per capita grant
assistance over the funding period-particularly for the RMI. If the
trust funds established in the amended Compacts earn a 6 percent rate
of return, the FSM trust fund would be insufficient to replace expiring
annual grants. The RMI trust fund would replace grants in fiscal year
2024 but would become insufficient for this purpose by fiscal year
2040.
Amended Compacts Could Cost the U.S. Government $6.6 Billion:
Under the amended Compacts with the FSM and the RMI, new congressional
authorizations of approximately $6.6 billion could be required for U.S.
payments from fiscal years 2004 to 2086, of which $3.5 billion would be
required for the first 20 years of the Compacts (see table 1). The
share of new authorizations to the FSM would be about $2.3 billion and
would end after fiscal year 2023. The share of new authorizations to
the RMI would be about $1.2 billion for the first 20 years, with about
$300 million related to extending U.S. military access to Kwajalein
Atoll through 2023. Further funding of $3.1 billion for the remainder
of the period corresponds to extended grants to Kwajalein and payments
related to U.S. military use of land at Kwajalein Atoll.[Footnote 10]
The cost of this $6.6 billion new authorization, expressed in fiscal
year 2004 U.S. dollars, would be $3.8 billion.
This new authorized funding would be provided to each country in the
form of (1) annual grant funds targeted to priority areas (such as
health, education, and infrastructure); (2) contributions to a trust
fund for each country such that trust fund earnings would become
available to the FSM and the RMI in fiscal year 2024 to replace
expiring annual grants; (3) payments the U.S. government makes to the
RMI government that the RMI transfers to Kwajalein landowners to
compensate them for the U.S. use of their lands for defense sites; and
(4) an extension of federal services that have been provided under the
original Compact but are due to expire in fiscal year 2003.
Table 1: Estimated New U.S. Authorizations for the FSM and the RMI,
Fiscal Years 2004-2086 (U.S. dollars in millions):
Fiscal years 2004-2023:
Grants for priority areas; FSM: $1,612; RMI: $701[A]; Total: $2,313.
Trust fund contributions; FSM: 517; RMI: 276; Total: 793.
Payments for U.S. military use of Kwajalein Atoll land[B]; FSM: Not
applicable; RMI: 191; Total: 191.
Compact-authorized federal services[C]; FSM: 167; RMI: 37; Total: 204.
New U.S. authorization for 2004-2023; FSM: 2,296; RMI: 1,204; Total:
3,500.
Fiscal years 2024-2086:
Grants to Kwajalein; FSM: Not applicable; RMI: 948[A]; Total: 948.
Payments for U.S. military use of Kwajalein Atoll land; FSM: Not
applicable; RMI: 2,133; Total: 2,133.
New U.S. authorization for 2024-2086; FSM: Not applicable; RMI: 3,081;
Total: 3,081.
Fiscal years 2004-2086, total new U.S. authorizations for the FSM and
the RMI; FSM: $2,296; RMI: $4,285; Total: $6,581.
Source: GAO estimate based on information in the amended Compacts.
Under the amended Compacts, U.S. payments are adjusted for inflation at
two-thirds of the percentage change in the U.S. gross domestic product
implicit price deflator.
Note: Numbers may not sum due to rounding.
[A] The 1986 U.S.-RMI Military Use and Operating Rights Agreement
(MUORA) grants the United States access to certain portions of
Kwajalein Atoll and provides $24.7 million of funding for development
and impact on Kwajalein from 2004 to 2016. Approximately $112 million
of the new proposed U.S. grant assistance of $701 million is for
increasing this funding to Kwajalein from 2004 to 2016 and for
continuation of the increased level of funding through 2066 and
possibly to 2086 if the agreement is extended.
[B] As part of the 1986 MUORA, the RMI government has also allocated
$162 million of U.S. funding from 2004 to 2016 under this agreement to
landowners via a traditional distribution system to compensate them for
the U.S. use of their lands for defense sites. The amended Compact
increases these payments from 2004 to 2016 and continues the increased
level of payments through 2066 and possibly to 2086 if the agreement is
extended.
[C] Federal services authorized in the Compact include weather,
aviation, and postal services. Services associated with the Federal
Emergency Management Agency have been excluded. An estimate of
assistance from the U.S. Agency for International Development's Office
of Disaster Assistance has not been included.
[End of table]
Amended Compacts Would Reduce U.S. Grant Support Annually:
Under the U.S. proposals, annual grant amounts to each country would be
reduced each year in order to encourage budgetary self-reliance and
transition the countries from receiving annual U.S. grant funding to
receiving annual trust fund earnings. Thus, the amended Compacts
increase annual U.S. contributions to the trust funds each year by the
grant reduction amount. This decrease in grant funding, combined with
FSM and RMI population growth, would also result in falling per capita
grant assistance over the funding period-particularly for the RMI (see
fig. 1). Using published U.S. Census population growth rate projections
for the two countries, the real value of grants per capita to the FSM
would begin at an estimated $687 in fiscal year 2004 and would further
decrease over the course of the Compact to $476 in fiscal year 2023.
The real value of grants per capita to the RMI would begin at an
estimated $627 in fiscal year 2004 and would further decrease to an
estimated $303 in fiscal year 2023. The reduction in real per capita
funding over the next 20 years is a continuation of the decreasing
amount of available grant funds (in real terms) that the FSM and the
RMI had during the 17 years of prior Compact assistance.
Figure 1: Estimated FSM and RMI Per Capita Grant Assistance for Fiscal
Years 1987-2023 (Fiscal Year 2004 U.S. Dollars):
[See PDF for image]
Note: This analysis includes only Compact funds available to
governments. Therefore, the analysis excludes investment development
funds provided under section 111 of Public Law 99-239, trust fund
contributions, federal programs and services, audit assistance, and
MUORA-related lease payments that the RMI government transfers to
Kwajalein landowners. U.S. Census population historical and projected
population growth rates are used in conjunction with the most recent
country Census data. U.S. Census projections are subject to revision.
[End of figure]
The decline in annual grant assistance could impact FSM and RMI
government budget and service provision, employment prospects,
migration, and the overall gross domestic product (GDP) outlook, though
the immediate effect is likely to differ between the two countries. For
example, the FSM is likely to experience fiscal pressures in 2004, when
the value of Compact grant assistance drops in real terms by 8 percent
relative to the 2001 level (a reduction equal to 3 percent of
GDP).[Footnote 11] For the RMI, however, the proposed level of Compact
grant assistance in 2004 would actually be 8 percent higher in real
terms than the 2001 level (an increase equal to 3 percent of GDP).
According to the RMI, this increase would likely be allocated largely
to the infrastructure investment budget and would provide a substantial
stimulus to the economy in the first years of the new Compact.
Trust Funds May Be Insufficient to Replace Expiring Grants:
The amended Compacts were designed to build trust funds that, beginning
in fiscal year 2024, yield annual earnings to replace grant assistance
that ends in 2023. Both the FSM and the RMI are required to provide an
initial contribution to their respective trust funds of $30 million. In
designing the trust funds, the Department of State assumed that the
trust fund would earn a 6 percent rate of return.[Footnote 12] The
amended Compacts do not address whether trust fund earnings should be
sufficient to cover expiring federal services, but they do create a
structure that sets aside earnings above 6 percent, should they occur,
that could act as a buffer against years with low or negative trust
fund returns. Importantly, whether the estimated value of the proposed
trust funds would be sufficient to replace grants or create a buffer
account would depend on the rate of return that is realized.[Footnote
13]
* If the trust funds earn a 6 percent rate of return, then the FSM
trust fund would yield a return of $57 million in fiscal year 2023, an
amount insufficient to replace expiring grants by an estimated value of
$27 million. The RMI trust fund would yield a return of $33 million in
fiscal year 2023, an estimated $5 million above the amount required to
replace grants in fiscal year 2024. Nevertheless, the RMI trust fund
would become insufficient for replacing grant funding by fiscal year
2040.
* If the trust funds are comprised of both stocks (60 percent of the
portfolio) and long-term government bonds (40 percent of the portfolio)
such that the forecasted average return is around 7.9 percent, then
both trust funds would yield returns sufficient to replace expiring
grants and to create a buffer account. However, while the RMI trust
fund should continue to grow in perpetuity, the FSM trust fund would
eventually deplete the buffer account and fail to replace grant funding
by fiscal year 2048.
Amended Compacts Have Strengthened Accountability Over U.S. Assistance:
I will now discuss provisions in the amended Compacts designed to
provide improved accountability over, and effectiveness of, U.S.
assistance. This is an area where we have offered several
recommendations in past years, as we have found accountability over
past assistance to be lacking.[Footnote 14] In sum, most of our
recommendations regarding future Compact assistance have been addressed
with the introduction of strengthened accountability measures in the
signed amended Compacts and related agreements. I must emphasize,
however, that the extent to which these provisions will ultimately
provide increased accountability over, and effectiveness of, future
U.S. assistance will depend upon how diligently the provisions are
implemented and monitored by all governments.
The following summary describes key accountability measures included in
the amended Compacts and related agreements:
* The amended Compacts would require that grants be targeted to
priority areas such as health, education, the environment, and public
infrastructure. In both countries, 5 percent of the amount dedicated to
infrastructure, combined with a matching amount from the island
governments, would be placed in an infrastructure maintenance fund.
* Compact-related agreements with both countries (the so-called "fiscal
procedures agreements") would establish a joint economic management
committee for the FSM and the RMI that would meet at least once
annually. The duties of the committees would include (1) reviewing
planning documents and evaluating island government progress to foster
economic advancement and budgetary self-reliance; (2) consulting with
program and service providers and other bilateral and multilateral
partners to coordinate or monitor the use of development assistance;
(3) reviewing audits; (4) reviewing performance outcomes in relation to
the previous year's grant funding level, terms, and conditions; and (5)
reviewing and approving grant allocations (which would be binding) and
performance objectives for the upcoming year. Further, the fiscal
procedures agreements would give the United States control over the
annual review process: The United States would appoint three government
members to each committee, including the chairman, while the FSM or the
RMI would appoint two government members.
* Grant conditions normally applicable to U.S. state and local
governments would apply to each grant. General terms and conditions for
the grants would include conformance to plans, strategies, budgets,
project specifications, architectural and engineering specifications,
and performance standards. Other special conditions or restrictions
could be attached to grants as necessary.
* The United States could withhold payments if either country fails to
comply with grant terms and conditions. In addition, funds could be
withheld if the FSM or RMI governments do not cooperate in U.S.
investigations regarding whether Compact funds have been used for
purposes other than those set forth in the amended Compacts.
* The fiscal procedures agreements would require numerous reporting
requirements for the two countries. For example, each country must
prepare strategic planning documents that are updated regularly, annual
budgets that propose sector expenditures and performance measures,
annual reports to the U.S. President regarding the use of assistance,
quarterly and annual financial reports, and quarterly grant performance
reports.
* The amended Compacts' trust fund management agreements would grant
the U.S. government control over trust fund management: The United
States would appoint three members, including the chairman, to a
committee to administer the trust funds, while the FSM or the RMI would
appoint two members. After the initial 20 years, the trust fund
committee would remain the same, unless otherwise agreed by the
original parties.
The fiscal procedures agreements would require the joint economic
management committees to consult with program providers in order to
coordinate future U.S. assistance. However, we have seen no evidence
demonstrating that an overall assessment of the appropriateness,
effectiveness, and oversight of U.S. programs has been conducted, as we
recommended.[Footnote 15]
The successful implementation of the many new accountability provisions
will require a sustained commitment by the three governments to fulfill
their new roles and responsibilities. Appropriate resources from the
United States, the FSM, and the RMI represent one form of this
commitment. While the amended Compacts do not address staffing issues,
officials from Interior's Office of Insular Affairs have informed us
that their office intends to post six staff in a new Honolulu office.
Further, an Interior official noted that his office has brought one new
staff on board in Washington, D.C., and intends to post one person to
work in the RMI (one staff is already resident in the FSM). We have not
conducted an assessment of Interior's staffing plan and rationale and
cannot comment on the adequacy of the plan or whether it represents
sufficient resources in the right location.
Amended Compacts Address Other Key Areas:
U.S. Military Access to Kwajalein Atoll Could Be Extended Until 2086:
The most significant defense-related change in the amended Compacts is
the extension of U.S. military access to Kwajalein Atoll in the
RMI.[Footnote 16] While the U.S. government had already secured access
to Kwajalein until 2016 through the 1986 MUORA, the newly revised MUORA
would grant the United States access until 2066, with an option to
extend for an additional 20 years to 2086. According to a Department of
Defense (DOD) official, recent DOD assessments have envisioned that
access to Kwajalein would be needed well beyond 2016. He stated that
DOD has not undertaken any further review of the topic, and none is
currently planned. This official also stated that, given the high
priority accorded to missile defense programs and to enhancing space
operations and capabilities by the current administration, and the
inability to project the likely improvement in key technologies beyond
2023, the need to extend the MUORA beyond 2016 is persuasive. He also
emphasized that the U.S. government has flexibility in that it can end
its use of Kwajalein Atoll any time after 2023 by giving advance notice
of 7 years and making a termination payment.
We have estimated that the total cost of this extension would be $3.4
billion (to cover years 2017 through 2086).[Footnote 17] The majority
of this funding ($2.3 billion) would be provided by the RMI government
to Kwajalein Atoll landowners, while the remainder ($1.1 billion) would
be used for development and impact on Kwajalein Atoll. According to a
State Department official, there are approximately 80 landowners. Four
landowners receive one-third of the annual payment, which is based on
acreage owned. This landowner funding (along with all other Kwajalein-
related funds) through 2023 would not be provided by DOD but would
instead continue as an Interior appropriation. Departmental
responsibility for authorization and appropriation for Kwajalein-
related funding beyond 2023 has not been determined according to the
Department of State. Of note, the Kwajalein Atoll landowners have not
yet agreed to sign an amended land-use agreement with the RMI
government to extend U.S. access to Kwajalein beyond 2016 at the
funding levels established in the amended Compact.
Amended Compacts Would Strengthen Immigration Provisions:
While the original Compact's immigration provisions are not expiring,
the Department of State targeted them as requiring changes. The amended
Compacts would strengthen the immigration provisions of the Compact by
adding new restrictions and expressly applying the provisions of the
Immigration and Nationality Act of 1952, as amended (P.L. 82-414) to
Compact nonimmigrants.[Footnote 18] There are several new immigration
provisions in the amended Compacts that differ from those contained in
the original Compact. For example, Compact nonimmigrants would now be
required to carry a valid passport in order to be admitted into the
United States. Further, children coming to the United States for the
purpose of adoption would not be admissible under the amended Compacts.
Instead, these children would have to apply for admission to the United
States under the general immigration requirements for adopted children.
In addition, the Attorney General would have the authority to issue
regulations that specify the time and conditions of a Compact
nonimmigrant's admission into the United States (under the original
Compact, regulations could be promulgated to establish limitations on
Compact nonimmigrants in U.S. territories or possessions).
In addition, the implementing legislation for the amended Compacts
would provide $15 million annually for U.S. locations that experience
costs associated with Compact nonimmigrants. This amount would not be
adjusted for inflation, would be in effect for fiscal years 2004
through 2023, and would total $300 million. Allocation of these funds
between locations such as Hawaii, Guam, and the CNMI would be based on
the number of qualified nonimmigrants in each location.
Mr. Chairman and Members of the Committee, this completes my prepared
statement. I would be happy to respond to any questions you or other
Members of the Committee may have at this time.
Contacts and Acknowledgments:
For future contacts regarding this testimony, please call Susan S.
Westin or Emil Friberg, Jr., at (202) 512-4128. Individuals making key
contributions to this testimony included Leslie Holen, Kendall
Schaefer, Mary Moutsos, and Rona Mendelsohn.
FOOTNOTES
[1] The FSM had a population of about 107,000 in 2000, while the RMI
had a population of 50,840 in 1999, according to each country's most
recent census.
[2] Other Compact provisions are also due to expire in late 2003 if not
renewed. These include (1) certain defense provisions, such as the
requirement that the FSM and the RMI refrain from actions that the
United States determines are incompatible with U.S. defense obligations
(the defense veto) and (2) federal services listed in the Compact.
[3] Although the amended Compacts have been signed by the U.S., FSM,
and RMI governments, they have not been approved by the legislature of
any country. Therefore, in our testimony we describe the amended
Compacts' requirements and potential impact in a conditional manner in
recognition that the Compacts have not yet been enacted. The total
possible cost to renew expiring assistance in fiscal year 2004 U.S.
dollars would be $3.8 billion on the basis of the Congressional Budget
Office's forecasted inflation rate.
[4] The cost of prior assistance in fiscal year 2004 U.S. dollars was
$2.6 billion. This estimate does not include payments for Compact-
authorized federal services or U.S. military use of Kwajalein Atoll
land, nor does it include investment development funds provided under
section 111 of Public Law 99-239. Additionally, the Compact served as
the vehicle to reach a full settlement of all compensation claims
related to U.S. nuclear tests conducted on Marshallese atolls between
1946 and 1958. In a Compact-related agreement, the U.S. government
agreed to provide $150 million to create a trust fund. While the
Compact and its related agreements represented the full settlement of
all nuclear claims, it provided the RMI with the right to submit a
petition of "changed circumstance" to the U.S. Congress requesting
additional compensation. The RMI government submitted such a petition
in September 2000, which the U.S. executive branch is still reviewing.
[5] U.S. access to Kwajalein Atoll is established through the U.S.-RMI
Military Use and Operating Rights Agreement (MUORA). Funding provided
for U.S. military access to Kwajalein for the years 1987 to 2003 is
estimated, on the basis of Interior data, to be $64 million for
development assistance and $144 million for the RMI government to
compensate landowners for U.S. use of their lands.
[6] See U.S. General Accounting Office, Foreign Relations: Kwajalein
Atoll Is the Key U.S. Defense Interest in Two Micronesian Nations,
GAO-02-119 (Washington, D.C.: Jan. 22, 2002).
[7] Typically, nonimmigrants include those individuals who are in the
United States temporarily as visitors, students, or workers.
[8] Payments were also authorized for American Samoa, but impact
compensation has not been sought.
[9] See U.S. General Accounting Office, Foreign Relations: Migration
From Micronesian Nations Has Had Significant Impact on Guam, Hawaii,
and the Commonwealth of the Northern Mariana Islands, GAO-02-40
(Washington, D.C.: Oct. 5, 2001).
[10] U.S. access to Kwajalein Atoll in the RMI has already been secured
through 2016 through a Compact-related agreement. The amended Compact
with the RMI extends this funding to 2066, with an additional 20-year
optional lease extension at that point.
[11] The level of grant assistance in 2001 was converted into fiscal
year 2004 dollars for comparison purposes.
[12] The State Department chose a 6 percent return in order to reflect
a conservative investment strategy. This rate of return can be compared
with the current average forecasted return for long-term U.S.
government bonds of 5.8 percent by the Congressional Budget Office.
[13] This analysis does not take into account volatile or negative
returns. The sufficiency of either the FSM or the RMI trust fund to
replace grants has not been tested under conditions of market
volatility.
[14] See U.S. General Accounting Office, Foreign Assistance: U.S.
Funds to Two Micronesian Nations Had Little Impact on Economic
Development, GAO/NSIAD-00-216 (Washington, D.C.: Sept. 22, 2000) for a
review of the first 12 years of direct Compact assistance.
[15] This recommendation was included in U.S. General Accounting
Office, Foreign Assistance: Effectiveness and Accountability Problems
Common in U.S. Programs to Assist Two Micronesian Nations, GAO-02-70
(Washington, D.C.: Jan. 22, 2002).
[16] A few expiring provisions would be extended indefinitely in the
amended Compacts. The "defense veto" has been extended. In addition,
the ability of FSM and RMI citizens to volunteer to serve in the U.S.
military would be extended.
[17] Our figure of $3.4 billion is adjusted for inflation.
[18] As noted in the background section, FSM and RMI citizens who enter
the United States are legally classified as "nonimmigrants" - that is,
individuals who are in the United States temporarily as visitors,
students, or workers.
