No question is raised as to jurisdiction. Interpretation of national treaties ispart of the constitutional responsibility of this Court and the Court does have jurisdiction over this litigation.
A. The Immunity Provisions
The Federal Programs and Services Agreement is one of several subsidiaryagreements entered into between the governments of the Federated States of Micronesia and the United States to supplement and implement the Compact of Free Association between the two nations. The FPS agreement, adoptedpursuant to article III, title 2, particularly sections 232 and 462, of the Compact of Free Association, came into effect simultaneously with the Compact. SeeCompact § 232. The agreement spells out the arrangements whereby the UnitedStates government is to provide services, including health care, within theFederated States of Micronesia.
There can be no serious question, and plaintiff does not dispute, that Dr.Pryor is a civilian employee of a United States federal agency within the meaningof the FPS agreement. Article II, section 7 of the agreement provides immunityfor United States civilian employees:
[5 FSM Intrm. 95]
Civilian employees shall have . . . immunity from civil and criminal process andliability relating to or resulting from any wrongful act or omission done within thescope and in the performance of official duty, except insofar as such immunity isexpressly waived by the government of the United States.
The term "civilian employee" is defined as meaning:
all Federal agency personnel, notwithstanding their citizenship or nationality,except local hire personnel, who are in the . . . Federated States of Micronesia,and who are in the employ of or serving with a Federal agency and who areemployed in any of the activities of such Federal agency.
FPS agreement art. I, § 2(d)
A "Federal agency" is "each authority of the Government of the United Stateswhich provides services and related programs in accordance with article II of TitleTwo and Section 232 of the Compact, including any successor agency or agencies . . . ." Id. art. I, § 2(a).
B. The Alternative Procedures
The Compact and the FPS agreement substitute different procedures toreplace the court claims which are thwarted by the article II, section 7 grant of immunity. Section 178(a) of the Compact says:
The federal agencies of the Government of the United States which provide theservices and related programs in the . . . Federated States of Micronesia