104TH CONGRESS

2D SESSION H. R. 1332

AN ACT

To make certain technical changes affecting United

States territories, and for other purposes.
104TH CONGRESS

2D SESSION H. R. 1332

AN ACT

To make certain technical changes affecting United States

territories, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Omnibus Insular Areas Act of 1996’’.
2

•HR 1332 EH

1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Temporary absence of officials clarified.

Sec. 3. Amendments to priority of bonds and other obligations.

Sec. 4. Commission on the economic future of the Virgin Islands.

Sec. 5. Repeal of separate ballot requirement.

Sec. 6. Insular funding clarification.

Sec. 7. American Memorial Park.

Sec. 8. American Samoa Study Commission.

Sec. 9. Hawaiian Homes Commission.

3 SEC. 2. TEMPORARY ABSENCE OF OFFICIALS CLARIFIED.

4 Section 14 of the Revised Organic Act of the Virgin

5 Islands (48 U.S.C. 1595) is amended by adding at the

6 end the following new subsection:

7 ‘‘(g) An absence from the Virgin Islands of the Gov8 ernor or the Lieutenant Governor, while on official busi9 ness shall not be a ‘temporary absence’ for purposes of

10 this section.’’.

11 SEC. 3. AMENDMENTS TO PRIORITY OF BONDS AND OTHER

12 OBLIGATIONS.

13 (a) AUTHORITY TO ISSUE OBLIGATIONS.—Section 3

14 of the Act entitled ‘‘An Act to authorize the government

15 of the Virgin Islands to issue bonds in anticipation of reve16 nue receipts and to authorize the guarantee of such bonds

17 by the United States under specified conditions, and for

18 other purposes’’, approved August 19, 1976 (48 U.S.C.

19 1574c), is amended—

20 (1) by striking ‘‘priority for payment’’ and in21 serting in lieu thereof ‘‘a parity lien with every other
3

•HR 1332 EH

1 issue of bonds or other obligations issued for pay2 ment’’; and

3 (2) by striking ‘‘in the order of the date of

4 issue’’.

5 (b) APPLICATION.—The amendments made by this

6 section shall apply to obligations issued on or after the

7 date of the enactment of this Act.

8 SEC. 4. COMMISSION ON THE ECONOMIC FUTURE OF THE

9 VIRGIN ISLANDS.

10 (a) ESTABLISHMENT AND MEMBERSHIP.—

11 (1) IN GENERAL.—There is hereby established

12 a Commission on the Economic Future of the Virgin

13 Islands (hereafter in this section referred to as the

14 ‘‘Commission’’). The Commission shall consist of six

15 members appointed by the President, two of whom

16 shall be selected from nominations made by the Gov17 ernor of the Virgin Islands. The President shall des18 ignate one of the members of the Commission to be

19 Chairman.

20 (2) SECRETARY OF INTERIOR EX OFFICIO MEM21 BER.—In addition to the six members appointed

22 under paragraph (1), the Secretary of the Interior

23 shall be an ex-officio member of the Commission.

24 (3) MEMBERS APPOINTED BY PRESIDENT.—

25 Members of the Commission appointed by the Presi-
4

•HR 1332 EH

1 dent shall be persons who by virtue of their back2 ground and experience are particularly suited to con3 tribute to achievement of the purposes of the Com4 mission.

5 (4) COMPENSATION.—Members of the Commis6 sion shall serve without compensation, but may be

7 reimbursed for travel, subsistence and other nec8 essary expenses incurred by them in the performance

9 of their duties.

10 (5) VACANCIES.—Any vacancy in the Commis11 sion shall be filled in the same manner as the origi12 nal appointment was made.

13 (b) PURPOSE AND REPORT.—

14 (1) PURPOSE.—The purpose of the Commission

15 is to make recommendations to the President and

16 Congress on the policies and actions necessary to

17 provide for a secure and self-sustaining future for

18 the local economy of the Virgin Islands through

19 2020 and on the role of the Federal Government. In

20 developing recommendations, the Commission

21 shall—

22 (A) solicit and analyze information on pro23 jected private sector development and shifting

24 tourism trends based on alternative forecasts of
5

•HR 1332 EH

1 economic, political, and social conditions in the

2 Caribbean;

3 (B) analyze capital infrastructure, edu4 cation, social, health, and environmental needs

5 in light of these alternative forecasts; and

6 (C) assemble relevant demographic, eco7 nomic, and revenue and expenditure data from

8 over the past 25 years.

9 (2) RECOMMENDATIONS AND REPORT.—The

10 recommendations of the Commission shall be trans11 mitted to the President, the Committee on Energy

12 and Natural Resources of the United States Senate

13 and the Committee on Resources of the United

14 States House of Representatives no later than June

15 30, 1998. The report shall set forth the basis for the

16 recommendations and include an analysis of the ca17 pability of the Virgin Islands to meet projected

18 needs based on reasonable alternative economic, po19 litical, and social conditions in the Caribbean, in20 cluding the expansion in the near future of Cuba to

21 trade, tourism, and development.

22 (c) POWERS.—

23 (1) IN GENERAL.—The Commission may—
6

•HR 1332 EH

1 (A) hold such hearings, sit and act at such

2 times and places, take such testimony and re3 ceive such evidence as it may deem advisable;

4 (B) use the United States mail in the same

5 manner and upon the same conditions as de6 partments and agencies of the United States;

7 and

8 (C) within available funds, incur such ex9 penses and enter into contracts or agreements

10 for studies and surveys with public and private

11 organizations and transfer funds to Federal

12 agencies to carry out the Commission’s func13 tions.

14 (2) TECHNICAL AND ADMINISTRATIVE SUP15 PORT.—Within funds available for the Commission,

16 the Secretary of the Interior shall provide such office

17 space, furnishings, equipment, staff, and fiscal and

18 administrative services as the Commission may re19 quire.

20 (3) ASSISTANCE FROM FEDERAL AGENCIES.—

21 The President, upon request of the Commission,

22 may direct the head of any Federal agency or de23 partment to assist the Commission and if so directed

24 such head shall—
7

•HR 1332 EH

1 (A) furnish the Commission to the extent

2 permitted by law and within available appro3 priations such information as may be necessary

4 for carrying out the functions of the Commis5 sion and as may be available to or procurable

6 by such department or agency; and

7 (B) detail to temporary duty with the

8 Commission on a reimbursable basis such per9 sonnel within his administrative jurisdiction as

10 the Commission may need or believe to be use11 ful for carrying out its functions, each such de12 tail to be without loss of seniority, pay or other

13 employee status.

14 (d) CHAIRMAN.—Subject to general policies that the

15 Commission may adopt, the chairman of the Commission

16 shall be the chief executive officer of the Commission and

17 shall exercise its executive and administrative powers. The

18 chairman may make such provisions as he may deem ap19 propriate authorizing the performance of his executive and

20 administrative functions by the staff of the Commission.

21 (e) FUNDING.—The Department of the Interior is

22 authorized to provide up to $300,000 in each of the fiscal

23 years 1997 and 1998 in technical assistance funding for

24 the work of the Commission.
8

•HR 1332 EH

1 (f) TERMINATION.—The Commission shall terminate

2 three months after the transmission of the report and rec3 ommendations under subsection (b)(2).

4 SEC. 5. REPEAL OF SEPARATE BALLOT REQUIREMENT.

5 (a) IN GENERAL.—Section 2(a) of the Act entitled

6 ‘‘An Act to provide that the unincorporated territories of

7 Guam and the Virgin Islands shall each be represented

8 in Congress by a Delegate to the House of Representa9 tives’’ approved April 10, 1972 (48 U.S.C. 1712(a)), is

10 amended—

11 (1) by striking ‘‘, by separate ballot and’’; and

12 (2) by inserting after the second sentence the

13 following new sentence: ‘‘The Delegate representing

14 the Virgin Islands shall be elected by separate bal15 lot.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect January 1, 1997.

18 SEC. 6. INSULAR FUNDING CLARIFICATION.

19 The second sentence of subsection (a) of section 703

20 of the Northern Mariana Islands Covenant, as contained

21 in section 1 of Public Law 94–241 (48 U.S.C. 1801 note),

22 shall be construed as if ‘‘of the Government of the North23 ern Mariana Islands’’ were stricken.
9

•HR 1332 EH

1 SEC. 7. AMERICAN MEMORIAL PARK.

2 Section 5 of Public Law 95–348 (92 Stat. 492) is

3 amended by striking subsection (f).

4 SEC. 8. AMERICAN SAMOA STUDY COMMISSION.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the islands of Tutuila and Manua, and cer7 tain other islands that compose American Samoa,

8 were ceded by the chiefs of the islands to the United

9 States by two treaties or deeds of cession which were

10 submitted to the United States Congress on April

11 10, 1900, and July 16, 1904;

12 (2) American Samoa’s status as an unorganized

13 and unincorporated territory of the United States,

14 and American Samoa’s political relationship to the

15 United States, are not clearly defined in any single

16 document;

17 (3) there is a need for a comprehensive study

18 and review of the historical and legal basis of Amer19 ican Samoa’s political relationship with the United

20 States, including—

21 (A) a comprehensive report on American

22 Samoa’s present political relationship with the

23 United States, as compared to other relation24 ships such as independence, commonwealth, and

25 free association; and
10

•HR 1332 EH

1 (B) an examination of whether the treaties

2 or deeds of cession created trust obligations to

3 American Samoa on the part of the United

4 States;

5 (4) the economic and social needs of American

6 Samoa are substantially affected by the nature of

7 American Samoa’s political relationship with the

8 United States; and

9 (5) there is a need for a comprehensive study

10 also of Swains Island and its historical relationship

11 with the Tokelau Island Group.

12 (b) ESTABLISHMENT.—There is established a com13 mission to be known as the ‘‘American Samoa Study Com14 mission’’ (hereafter in this section referred to as the

15 ‘‘Commission’’).

16 (c) DUTIES.—

17 (1) IN GENERAL.—It shall be the duty of the

18 Commission—

19 (A) to study and evaluate all the factors

20 that led to American Samoa’s political relation21 ship with the United States, including—

22 (i) the events that led to the cession

23 to the United States of the islands that

24 compose American Samoa; and
11

•HR 1332 EH

1 (ii) the constitutions, statutes, trea2 ties, and agreements that affect American

3 Samoa’s political relationship with the

4 United States;

5 (B) to document and report on the nature

6 of American Samoa’s political relationship with

7 the United States; to document and also report

8 on such political relationships as independence,

9 commonwealth, and free association;

10 (C) to study and evaluate the impact of

11 American Samoa’s political status and relation12 ship with the United States (as determined by

13 the Commission under subparagraph (B)) on

14 the economic and social needs of American

15 Samoa and its residents;

16 (D) to study and report on whether the

17 1900 and 1904 instruments of cession were in18 deed treaties or deeds and how such instru19 ments are recognized under international law;

20 and

21 (E) to study and report on options avail22 able to improve American Samoa’s economic

23 self-sufficiency, given its remote location, lim24 ited land size, and changing world economics.
12

•HR 1332 EH

1 (2) CONSULTATION.—The Commission shall, to

2 the maximum extent practicable, consult with Amer3 ican Samoans in carrying out the duties of the Com4 mission under paragraph (1).

5 (d) MEMBERSHIP.—

6 (1) NUMBER AND APPOINTMENT.—The Com7 mission shall be composed of five members appointed

8 as follows:

9 (A) Three members appointed by the Sec10 retary of Interior, including—

11 (i) one member appointed from among

12 three individuals nominated by the legisla13 ture of the Territorial government of

14 American Samoa; and

15 (ii) one member appointed from

16 among three individuals nominated by the

17 Governor of American Samoa.

18 (B) One member appointed by the Speaker

19 of the United States House of Representatives.

20 (C) One member appointed by the Presi21 dent of the United States Senate.

22 (2) TERMS.—Each member shall be appointed

23 for the life of the Commission.

24 (3) COMPENSATION.—Members of the Commis25 sion shall serve without compensation, but may be
13

•HR 1332 EH

1 reimbursed for travel, subsistence and other nec2 essary expenses incurred by them in the performance

3 of their duties.

4 (4) QUORUM.—Three members of the Commis5 sion shall constitute a quorum, but a lesser number

6 may hold hearings.

7 (5) CHAIRPERSON; VICE CHAIRPERSON.—The

8 chairperson and vice chairperson of the Commission

9 shall be elected by the members.

10 (6) MEETINGS.—(A) Not later than the expira11 tion date of the 90 day period beginning on the date

12 of the enactment of this Act, the Secretary of the

13 Interior shall call the initial meeting of the members

14 of the Commission.

15 (B) The chairperson or a majority of the mem16 bers of the Commission shall call any meeting of the

17 Commission that occurs after the meeting called

18 under subparagraph (A).

19 (e) TECHNICAL AND ADMINISTRATIVE SUPPORT.—

20 (1) IN GENERAL.—Within funds available for

21 the Commission, the Secretary of the Interior shall

22 provide such office space, furnishings, equipment,

23 staff, and fiscal and administrative services as the

24 Commission may require.
14

•HR 1332 EH

1 (2) ASSISTANCE FROM FEDERAL AGENCIES.—

2 The President, upon request of the Commission,

3 may direct the head of any Federal agency or de4 partment to assist the Commission and if so directed

5 such head shall—

6 (A) furnish the Commission to the extent

7 permitted by law and within available appro8 priations such information as may be necessary

9 for carrying out the functions of the Commis10 sion and as may be available to or procurable

11 by such department or agency; and

12 (B) detail to temporary duty with the

13 Commission on a reimbursable basis such per14 sonnel within his administrative jurisdiction as

15 the Commission may need or believe to be use16 ful for carrying out its functions, each such de17 tail to be without loss of seniority, pay or other

18 employee status.

19 (f) POWERS OF COMMISSION.—

20 (1) HEARINGS.—(A) The Commission may, for

21 the purpose of carrying out this section, hold hear22 ings, sit and act at times and locations, take testi23 mony, and receive evidence as the Commission con24 siders appropriate.
15

•HR 1332 EH

1 (B)(i) The Commission shall conduct at least 1

2 hearing at any location on each of—

3 (I) Tutuila;

4 (II) Ofu;

5 (III) Olosega; and

6 (IV) Tau.

7 (ii) The Commission may conduct at least three

8 separate hearings in the United States at locations

9 where significant numbers of American Samoans re10 side.

11 (C) The Commission shall provide notice to the

12 public of the hearings referred to in subparagraphs

13 (A) and (B), including information regarding the

14 date, topic and location of the meeting, and shall

15 take other actions as the Commission considers nec16 essary to obtain, to the maximum extent practicable,

17 public participation in the hearings.

18 (2) DELEGATION OF AUTHORITY.—Any mem19 ber or agent of the Commission may, if authorized

20 by the Commission, take any action that the Com21 mission is authorized to take by this section.

22 (3) OBTAINING OFFICIAL DATA.—(A) The Com23 mission may secure directly from any Federal agen24 cy and the Library of Congress information nec25 essary to enable it to carry out this section. Upon
16

•HR 1332 EH

1 the request of the Chairperson of the Commission,

2 the head of the Federal agency or Library of Con3 gress shall furnish the information to the Commis4 sion.

5 (B) Subparagraph (A) shall not apply to any

6 information that the Commission is prohibited to se7 cure or request by another law.

8 (4) MAIL.—The Commission may use the Unit9 ed States mail in the same manner and under the

10 same conditions as the other Federal agencies.

11 (g) REPORTS.—(1)(A) Not later than the expiration

12 of the 1-year period beginning on the date of the enact13 ment of this Act, the Commission shall prepare and pub14 lish a draft report containing the findings, conclusions and

15 recommendations of the Commission.

16 (B) The Commission shall distribute such report to

17 appropriate Federal and American Samoan agencies and

18 shall make such report available to members of the public

19 upon request.

20 (C) The Commission shall solicit written comments

21 from the Federal and American Samoan agencies and

22 other persons to which copies of such report are distrib23 uted under subparagraph (B).

24 (2) Not later than the expiration of the 9-month pe25 riod beginning on the date of the publication of the report
17

•HR 1332 EH

1 required by paragraph (1)(A), the Commission shall sub2 mit to the President and the Congress a final report,

3 which shall include—

4 (A) a detailed statement of the findings

5 and conclusions made by the Commission after

6 consideration of the comments received by the

7 Commission under paragraph (1)(C);

8 (B) the recommendations of the Commis9 sion for legislative and administrative actions

10 that the Commission determines to be appro11 priate; and

12 (C) copies of all written comments received

13 by the Commission under paragraph (1)(C).

14 (h) DEFINITIONS.—For the purposes of this section:

15 (1) The term ‘‘American Samoan’’ has the

16 meaning given the term ‘‘native American Samoan’’

17 in section 4 of Public Law 100–571 (16 U.S.C.

18 410qq–3).

19 (2) The term ‘‘Commission’’ means the Amer20 ican Samoa Study Commission established in sub21 section (b).

22 (i) FUNDING.—Subject to paragraph (2), the Depart23 ment of the Interior is authorized to provide up to

24 $225,000 in each of the fiscal years 1997 and 1998 in
18

•HR 1332 EH

1 technical assistance funding for the work of the Commis2 sion.

3 (2) Amounts provided pursuant to paragraph (1) may

4 not exceed 75 percent of the total amount provided for

5 the Commission and shall be provided on a matching

6 basis. The non-Federal share of such amount shall be pro7 vided in cash by the Government of American Samoa.

8 (j) TERMINATION.—The Commission shall terminate

9 not later than the expiration of the 60-day period begin10 ning on the date on which the Commission submits its

11 final report under subsection (g).

12 SEC. 9. HAWAIIAN HOMES COMMISSION.

13 That, as required by section 4 of the Act entitled ‘‘An

14 Act to provide for the admission of the State of Hawaii

15 into the Union’’, approved March 18, 1959 (73 Stat. 4),

16 the United States consents to the following amendments

17 to the Hawaiian Homes Commission Act, 1920, adopted

18 by the State of Hawaii in the manner required for State

19 legislation:

20 (1) Act 339 of the Session Laws of Hawaii,

21 1993.
19

•HR 1332 EH

1 (2) Act 37 of the Session Laws of Hawaii,

2 1994.

Passed the House of Representatives September 28,

1996.

Attest:

Clerk.