II 

Calendar No. 352 

113TH CONGRESS 

2D SESSION S. 1237 

[Report No. 113–146] 

To improve the administration of programs in the insular areas, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2013 

Mr. WYDEN (for himself and Ms. MURKOWSKI) (by request) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

APRIL 8, 2014 

Reported by Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve the administration of programs in the insular 

areas, 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. 

4 This Act may be cited as the ‘‘Omnibus Territories 

5 Act of 2013’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Territorial Sea. 

Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the 

Northern Mariana Islands. 

Sec. 5. Amendments to the Consolidated Natural Resources Act. 

Sec. 6. Study of electric rates in the insular areas. 

Sec. 7. Chief financial officer of the Virgin Islands. 

Sec. 8. Reports on estimates of revenues. 

Sec. 9. Low-income home energy assistance program. 

Sec. 10. Castle Nugent National Historic Site Establishment. 

Sec. 11. St. Croix National Heritage Area. 

Sec. 12. Guam War Claims Review Commission. 

Sec. 13. Use of certain expenditures as in-kind contributions. 

Sec. 14. Improvements in HUD assisted programs. 

Sec. 15. Benefit to cost ratio study for projects in American Samoa. 

Sec. 16. Waiver of local matching requirements. 

Sec. 17. Fishery endorsements. 

Sec. 18. Effects of minimum wage differentials in American Samoa. 

Sec. 19. American Samoa Citizenship Plebiscite Act. 

Sec. 20. Eligibility for marine turtle conservation assistance. 

3 SEC. 3. TERRITORIAL SEA. 

4 (a) IN GENERAL.—The first section and section 2 of 

5 Public Law 93–435 (48 U.S.C. 1705, 1706) are amended 

6 by inserting ‘‘the Commonwealth of the Northern Mariana 

7 Islands,’’ after ‘‘Guam,’’ each place it appears. 

8 (b) REFERENCES TO DATE OF ENACTMENT.—For 

9 the purposes of the amendment made by subsection (a), 

10 each reference in Public Law 93–435 to the ‘‘date of en11 actment’’ shall be considered to be a reference to the date 

12 of the enactment of this section. 


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1 SEC. 4. ADJUSTMENT OF SCHEDULED WAGE INCREASES IN 

2 THE COMMONWEALTH OF THE NORTHERN 

3 MARIANA ISLANDS. 

4 Section 8103(b)(1)(B) of the Fair Minimum Wage 

5 Act of 2007 (29 U.S.C. 206 note; Public Law 110–28) 

6 is amended by striking ‘‘2011’’ and inserting ‘‘2011, 

7 2013, and 2015’’. 

8 SEC. 5. AMENDMENTS TO THE CONSOLIDATED NATURAL 

9 RESOURCES ACT. 

10 Section 6 of the Joint Resolution entitled ‘‘A Joint 

11 Resolution to approve the ‘Covenant To Establish a Com12 monwealth of the Northern Mariana Islands in Political 

13 Union with the United States of America’, and for other 

14 purposes’’, approved March 24, 1976 (Public Law 94– 

15 241; 90 Stat. 263), is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2), by inserting after 

18 ‘‘subsections (b)’’ the following: ‘‘, (c),’’; and 

19 (B) by striking paragraph (6), and insert20 ing the following: 

21 ‘‘(6) CERTAIN EDUCATION FUNDING.— 

22 ‘‘(A) IN GENERAL.—In addition to fees 

23 charged pursuant to section 286(m) of the Im24 migration and Nationality Act (8 U.S.C. 1356 

25 (m)) to recover the full costs of providing adju26 dication services, the Secretary of Homeland 


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1 Security shall charge an annual supplemental 

2 fee of $150 per nonimmigrant worker to each 

3 prospective employer who is issued a permit 

4 under subsection (d) of this section during the 

5 transition program. Such supplemental fee shall 

6 be paid into the Treasury of the Commonwealth 

7 government for the purpose of funding ongoing 

8 vocational educational curricula and program 

9 development by Commonwealth educational en10 tities. 

11 ‘‘(B) PLAN FOR THE EXPENDITURE OF

12 FUNDS.—At the beginning of each fiscal year, 

13 and prior to the payment of the supplemental 

14 fee into the Treasury of the Commonwealth 

15 government in that fiscal year, the Common16 wealth government must provide to the Sec17 retary of Homeland Security, a plan for the ex18 penditure of funds, a projection of the effective19 ness of these expenditures in the placement of 

20 United States workers into jobs, and a report 

21 on the changes in employment of United States 

22 workers attributable to prior year expenditures. 

23 ‘‘(C) DHS REPORT.—The Secretary of 

24 Homeland Security shall report to the Congress 

25 every 2 years on the effectiveness of meeting 


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1 the goals set out by the Commonwealth govern2 ment in its annual plan for the expenditure of 

3 funds.’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘during 

6 the transition period,’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(3) DURATION.—Notwithstanding any other 

9 provision of this Act, the Secretary may classify 

10 aliens pursuant to paragraph (1) until the date on 

11 which the transition program terminates. If the 

12 transition period is extended, the Secretary may con13 tinue to classify aliens pursuant to paragraph (1) 

14 until the date on which all extensions are termi15 nated.’’; and 

16 (3) in subsection (d)(2), by striking ‘‘December 

17 31, 2014’’ and inserting ‘‘December 31, 2019’’. 

18 SEC. 6. STUDY OF ELECTRIC RATES IN THE INSULAR 

19 AREAS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COMPREHENSIVE ENERGY PLAN.—The term 

22 ‘‘comprehensive energy plan’’ means a comprehen23 sive energy plan prepared and updated under sub24 sections (c) and (e) of section 604 of the Act entitled 

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1 sular areas of the United States, and for other pur2 poses’’, approved December 24, 1980 (48 U.S.C. 

3 1492). 

4 (2) ENERGY ACTION PLAN.—The term ‘‘energy 

5 action plan’’ means the plan required by subsection 

6 (d). 

7 (3) FREELY ASSOCIATED STATES.—The term 

8 ‘‘Freely Associated States’’ means the Federated 

9 States of Micronesia, the Republic of the Marshall 

10 Islands, and the Republic of Palau. 

11 (4) INSULAR AREAS.—The term ‘‘insular areas’’ 

12 means American Samoa, the Commonwealth of the 

13 Northern Mariana Islands, Puerto Rico, Guam, and 

14 the Virgin Islands. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (6) TEAM.—The term ‘‘team’’ means the team 

18 established by the Secretary under subsection (b). 

19 (b) ESTABLISHMENT.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary shall, 

21 within the Empowering Insular Communities activity, es22 tablish a team of technical, policy, and financial experts— 

23 (1) to develop an energy action plan addressing 

24 the energy needs of each of the insular areas and 

25 Freely Associated States; and 


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1 (2) to assist each of the insular areas and Free2 ly Associated States in implementing such plan. 

3 (c) PARTICIPATION OF REGIONAL UTILITY ORGANI4 ZATIONS.—In establishing the team, the Secretary shall 

5 consider including regional utility organizations. 

6 (d) ENERGY ACTION PLAN.—In accordance with sub7 section (b), the energy action plan shall include— 

8 (1) recommendations, based on the comprehen9 sive energy plan where applicable, to— 

10 (A) reduce reliance and expenditures on 

11 imported fossil fuels; 

12 (B) develop indigenous, nonfossil fuel en13 ergy sources; and 

14 (C) improve performance of energy infra15 structure and overall energy efficiency; 

16 (2) a schedule for implementation of such rec17 ommendations and identification and prioritization 

18 of specific projects; 

19 (3) a financial and engineering plan for imple20 menting and sustaining projects; and 

21 (4) benchmarks for measuring progress toward 

22 implementation. 

23 (e) REPORTS TO SECRETARY.—Not later than 1 year 

24 after the date on which the Secretary establishes the team 

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1 retary a report detailing progress made in fulfilling its 

2 charge and in implementing the energy action plan. 

3 (f) ANNUAL REPORTS TO CONGRESS.—Not later 

4 than 30 days after the date on which the Secretary re5 ceives a report submitted by the team under subsection 

6 (e), the Secretary shall submit to the appropriate commit7 tees of Congress a summary of the report of the team. 

8 SEC. 7. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS9 LANDS. 

10 (a) REFERENDUM.—As part of the next regularly 

11 scheduled, islands-wide election in the Virgin Islands after 

12 the date of enactment of this Act, the Board of Elections 

13 of the Virgin Islands shall hold a referendum to seek the 

14 approval of the people of the Virgin Islands regarding 

15 whether the position of Chief Financial Officer of the Gov16 ernment of the Virgin Islands shall be established as a 

17 part of the executive branch of the Government of the Vir18 gin Islands. The referendum shall be binding and con19 ducted according to the laws of the Virgin Islands, except 

20 that the results shall be determined by a majority of the 

21 ballots cast. 

22 (b) CHIEF FINANCIAL OFFICER OF THE VIRGIN IS23 LANDS.— 

24 (1) APPOINTMENT OF CHIEF FINANCIAL OFFI25 CER.— 


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1 (A) IN GENERAL.—If the majority of bal2 lots cast in a referendum under subsection (a) 

3 approve the establishment of the position of 

4 Chief Financial Officer of the Government of 

5 the Virgin Islands, the Governor of the Virgin 

6 Islands shall appoint a Chief Financial Officer, 

7 with the advice and consent of the Legislature 

8 of the Virgin Islands, from the names on the 

9 list required under subsection (b)(4). If the 

10 Governor has nominated a person for Chief Fi11 nancial Officer but the Legislature of the Virgin 

12 Islands has not confirmed a nominee within 90 

13 days after receiving the list pursuant to sub14 section (b)(4), the Governor shall appoint from 

15 such list a Chief Financial Officer on an acting 

16 basis until the Legislature consents to a Chief 

17 Financial Officer. 

18 (B) ACTING CHIEF FINANCIAL OFFICER.— 

19 If a Chief Financial Officer has not been ap20 pointed under subparagraph (A) within 180 

21 days after the date of the enactment of this 

22 Act, the Virgin Islands Chief Financial Officer 

23 Search Commission, by majority vote, shall ap24 point from the names on the list submitted 

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1 cial Officer to serve in that capacity until a 

2 Chief Financial Officer is appointed under the 

3 first sentence of subparagraph (A). In either 

4 case, if the Acting Chief Financial Officer 

5 serves in an acting capacity for 180 consecutive 

6 days, without further action the Acting Chief 

7 Financial Officer shall become the Chief Finan8 cial Officer. 

9 (2) DUTIES OF CHIEF FINANCIAL OFFICER.— 

10 The duties of the Chief Financial Officer shall in11 clude the following: 

12 (A) Develop and report on the financial 

13 status of the Government of the Virgin Islands 

14 not later than 6 months after appointment and 

15 quarterly thereafter. Such reports shall be 

16 available to the public. 

17 (B) Each year prepare and certify spend18 ing limits of the annual budget, including an19 nual estimates of all revenues of the territory 

20 without regard to sources, and whether or not 

21 the annual budget is balanced. 

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1 lands in general and for each agency in con2 junction with the agency head. 

3 (3) DOCUMENTS PROVIDED.—The heads of 

4 each department of the Government of the Virgin Is5 lands, in particular the head of the Department of 

6 Finance of the Virgin Islands and the head of the 

7 Internal Revenue Bureau of the Virgin Islands shall 

8 provide all documents and information under the ju9 risdiction of that head that the Chief Financial Offi10 cer considers required to carry out his or her func11 tions to the Chief Financial Officer. 

12 (4) CONDITIONS RELATED TO CHIEF FINANCIAL

13 OFFICER.— 

14 (A) TERM.—The Chief Financial Officer 

15 shall be appointed for a term of 5 years. 

16 (B) REMOVAL.—The Chief Financial Offi17 cer shall not be removed except for cause. An 

18 Acting Chief Financial Officer may be removed 

19 for cause or by a Chief Financial Officer ap20 pointed with the advice and consent of the Leg21 islature of the Virgin Islands. 

22 (C) REPLACEMENT.—If the Chief Finan23 cial Officer is unable to continue acting in that 

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1 wise, another Chief Financial Officer shall be 

2 selected in accordance with paragraph (1). 

3 (D) SALARY.—The Chief Financial Officer 

4 shall be paid at a salary to be determined by 

5 the Governor of the Virgin Islands, except such 

6 rate may not be less than the highest rate of 

7 pay for a cabinet officer of the Government of 

8 the Virgin Islands or a Chief Financial Officer 

9 serving in any government or semiautonomous 

10 agency. 

11 (c) ESTABLISHMENT OF COMMISSION.— 

12 (1) ESTABLISHMENT.—There is established a 

13 commission to be known as the ‘‘Virgin Islands 

14 Chief Financial Officer Search Commission’’. 

15 (2) DUTY OF COMMISSION.—The Commission 

16 shall recommend to the Governor not less than 3 

17 candidates for nomination as Chief Financial Officer 

18 of the Virgin Islands. Each candidate must have 

19 demonstrated ability in general management of, 

20 knowledge of, and extensive practical experience at 

21 the highest levels of financial management in gov22 ernmental or business entities and must have experi23 ence in the development, implementation, and oper24 ation of financial management systems. 

25 (3) MEMBERSHIP.— 


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1 (A) NUMBER AND APPOINTMENT.—The 

2 Commission shall be composed of 8 members 

3 appointed not later than 30 days after the date 

4 of the enactment of this Act. Persons appointed 

5 as members must have recognized business, 

6 government, or financial expertise and experi7 ence and shall be appointed as follows: 

8 (i) 1 individual appointed by the Gov9 ernor of the Virgin Islands. 

10 (ii) 1 individual appointed by the 

11 President of the Legislature of the Virgin 

12 Islands. 

13 (iii) 1 individual, who is an employee 

14 of the Government of the Virgin Islands, 

15 appointed by the Central Labor Council of 

16 the Virgin Islands. 

17 (iv) 1 individual appointed by the 

18 Chamber of Commerce of St. Thomas-St. 

19 John. 

20 (v) 1 individual appointed by the 

21 Chamber of Commerce of St. Croix. 

22 (vi) 1 individual appointed by the 

23 President of the University of the Virgin 

24 Islands. 


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1 (vii) 1 individual, who is a resident of 

2 St. John, appointed by the At-Large Mem3 ber of the Legislature of the Virgin Is4 lands. 

5 (viii) 1 individual appointed by the 

6 President of AARP Virgin islands. 

7 (B) TERMS.— 

8 (i) IN GENERAL.—Each member shall 

9 be appointed for the life of the Commis10 sion. 

11 (ii) VACANCIES.—A vacancy in the 

12 Commission shall be filled in the manner 

13 in which the original appointment was 

14 made. Any member appointed to fill a va15 cancy shall be appointed for the remainder 

16 of that term. 

17 (C) BASIC PAY.—Members shall serve 

18 without pay. 

19 (D) QUORUM.—Five members of the Com20 mission shall constitute a quorum. 

21 (E) CHAIRPERSON.—The Chairperson of 

22 the Commission shall be the Chief Justice of 

23 the Supreme Court of the United States Virgin 

24 Islands or the designee of the Chief Justice. 

25 The Chairperson shall serve as an ex officio 


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1 member of the Commission and shall vote only 

2 in the case of a tie. 

3 (F) MEETINGS.—The Commission shall 

4 meet at the call of the Chairperson. The Com5 mission shall meet for the first time not later 

6 than 15 days after all members have been ap7 pointed under this subsection. 

8 (G) GOVERNMENT EMPLOYMENT.—Mem9 bers may not be current government employees, 

10 except for the member appointed under sub11 paragraph (A)(iii). 

12 (4) REPORT; RECOMMENDATIONS.—The Com13 mission shall transmit a report to the Governor, the 

14 Committee on Natural Resources of the House of 

15 Representatives and the Committee on Energy and 

16 Natural Resources of the Senate not later than 60 

17 days after its first meeting. The report shall name 

18 the Commission’s recommendations for candidates 

19 for nomination as Chief Financial Officer of the Vir20 gin Islands. 

21 (5) TERMINATION.—The Commission shall ter22 minate upon the nomination and confirmation of the 

23 Chief Financial Officer. 

24 (d) DEFINITIONS.—For the purposes of this section, 

25 the following definitions apply: 


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1 (1) CHIEF FINANCIAL OFFICER.—In sub2 sections (a) and (b), the term ‘‘Chief Financial Offi3 cer’’ means a Chief Financial Officer or Acting 

4 Chief Financial Officer, as the case may be, ap5 pointed under subsection (a)(1). 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Virgin Islands Chief Financial Officer 

8 Search Commission established pursuant to sub9 section (b). 

10 (3) GOVERNOR.—The term ‘‘Governor’’ means 

11 the Governor of the Virgin Islands. 

12 (4) REMOVAL FOR CAUSE.—The term ‘‘removal 

13 for cause’’ means removal based upon misconduct, 

14 failure to meet job requirements, or any grounds 

15 that a reasonable person would find grounds for dis16 charge. 

17 SEC. 8. REPORTS ON ESTIMATES OF REVENUES. 

18 The Comptroller General of the United States shall 

19 submit to the appropriate committees of Congress a report 

20 that— 

21 (1) evaluates whether the annual estimates or 

22 forecasts of revenue and expenditure of American 

23 Samoa, the Commonwealth of the Northern Mariana 

24 Islands, Puerto Rico, Guam, and the Virgin Islands 

25 are reasonable; and 


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1 (2) as the Comptroller General of the United 

2 States determines to be necessary, makes rec3 ommendations for improving the process for devel4 oping estimates or forecasts. 

5 SEC. 9. LOW-INCOME HOME ENERGY ASSISTANCE PRO6 GRAM. 

7 With respect to fiscal years 2014 through 2017, the 

8 percentage described in section 2605(b)(2)(B)(i) of the 

9 Low-Income Home Energy Assistance Act of 1981 (42 

10 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when ap11 plied to households located in the Virgin Islands. 

12 SEC. 10. CASTLE NUGENT NATIONAL HISTORIC SITE ESTAB13 LISHMENT. 

14 (a) DEFINITIONS.—In this section: 

15 (1) HISTORIC SITE.—The term ‘‘historic site’’ 

16 means the Castle Nugent National Historic Site es17 tablished in subsection (b). 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (b) CASTLE NUGENT NATIONAL HISTORIC SITE.— 

21 (1) ESTABLISHMENT.—There is established as 

22 a unit of the National Park System the Castle 

23 Nugent National Historic Site on the Island of St. 

24 Croix, U.S. Virgin Islands, in order to preserve, pro25 tect, and interpret, for the benefit of present and fuVerDate Mar 15 2010 00:16 Apr 09, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1237.RS S1237

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1 ture generations, a Caribbean cultural landscape 

2 that spans more than 300 years of agricultural use, 

3 significant archeological resources, mangrove forests, 

4 endangered sea turtle nesting beaches, an extensive 

5 barrier coral reef system, and other outstanding nat6 ural features. 

7 (2) BOUNDARIES.—The historic site consists of 

8 the approximately 2,900 acres of land extending 

9 from Lowrys Hill and Laprey Valley to the Carib10 bean Sea and from Manchenil Bay to Great Pond, 

11 along with associated submerged lands to the three12 mile territorial limit, as generally depicted on the 

13 map titled ‘‘Castle Nugent National Historic Site 

14 Proposed Boundary Map’’, numbered T22/100,447, 

15 and dated October 2009. 

16 (3) MAP AVAILABILITY.—The map referred to 

17 in paragraph (2) shall be on file and available for 

18 public inspection in the appropriate offices of the 

19 National Park Service, Department of the Interior. 

20 (4) ACQUISITION OF LAND.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the Secretary is authorized 

23 to acquire lands and interests in lands within 

24 the boundaries of the historic site by donation, 

25 purchase with donated funds, or exchange. 


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1 (B) U.S. VIRGIN ISLAND LANDS.—The 

2 Secretary is authorized to acquire lands and in3 terests in lands owned by the U.S. Virgin Is4 lands or any political subdivision thereof only 

5 by donation or exchange. 

6 (c) ADMINISTRATION.— 

7 (1) IN GENERAL.—The Secretary shall admin8 ister the historic site in accordance with this Act 

9 and with laws generally applicable to units of the 

10 National Park System, including— 

11 (A) the National Park Service Organic Act 

12 (39 Stat. 535; 16 U.S.C. 1 et seq.); and 

13 (B) the Act of August 21, 1935 (49 Stat. 

14 666; 16 U.S.C. 461 et seq.). 

15 (2) SHARED RESOURCES.—To the greatest ex16 tent practicable, the Secretary shall use the re17 sources of other sites administered by the National 

18 Park Service or other Federal assets on the Island 

19 of St. Croix to administer the historic site. 

20 (3) CONTINUED USE.—In order to maintain an 

21 important feature of the cultural landscape of the 

22 historic site, the Secretary may lease to the Univer23 sity of the Virgin Islands certain lands within the 

24 boundary of the historic site for the purpose of con25 tinuing the university’s operation breeding Senepol 


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1 cattle, a breed developed on St. Croix. A lease under 

2 this subsection shall contain such terms and condi3 tions as the Secretary considers appropriate, includ4 ing those necessary to protect the values of the his5 toric site. 

6 (4) MANAGEMENT PLAN.—Not later than three 

7 years after funds are made available for this sub8 section, the Secretary shall prepare a general man9 agement plan for the historic site. 

10 SEC. 11. ST. CROIX NATIONAL HERITAGE AREA. 

11 (a) DEFINITIONS.—In this section: 

12 (1) HERITAGE AREA.—The term ‘‘Heritage 

13 Area’’ means the St. Croix National Heritage Area 

14 established by subsection (b)(1). 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the local coordi17 nating entity for the Heritage Area designated by 

18 subsection (b)(4). 

19 (3) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the 

21 Heritage Area required under subsection (d). 

22 (4) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Proposed St. Croix National Heritage Area’’ 

24 and dated [ lllllllllll ]. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (6) STATE.—The term ‘‘State’’ means St. 

4 Croix, U.S. Virgin Islands. 

5 (b) ST. CROIX NATIONAL HERITAGE AREA.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the State the St. Croix National Heritage Area. 

8 (2) CONCEPTUAL BOUNDARIES.—The Heritage 

9 Area shall consist of the entire island. 

10 (3) MAP.—A map of the Heritage Area shall 

11 be— 

12 (A) included in the management plan; and 

13 (B) on file and available for public inspec14 tion in the appropriate offices of the National 

15 Park Service. 

16 (4) LOCAL COORDINATING ENTITY.— 

17 (A) IN GENERAL.—The local coordinating 

18 entity for the Heritage Area shall be known as 

19 St. Croix United for Community, Culture, Envi20 ronment, and Economic Development (SUC21 CEED) Inc. 

22 (B) MEMBERSHIP REQUIREMENTS.—Mem23 bership in SUCCEED, Inc. shall be open to a 

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1 viduals, agencies, and organizations that were 

2 involved in the planning and development of the 

3 Heritage Area prior to the enactment of this 

4 Act. 

5 (c) ADMINISTRATION.— 

6 (1) AUTHORITIES.—For purposes of carrying 

7 out the management plan, the Secretary, acting 

8 through the local coordinating entity, may use 

9 amounts made available under this section to— 

10 (A) make grants to the State or a political 

11 subdivision of the State, nonprofit organiza12 tions, and other persons; 

13 (B) enter into cooperative agreements 

14 with, or provide technical assistance to, the 

15 State or a political subdivision of the State, 

16 nonprofit organizations, and other interested 

17 parties; 

18 (C) hire and compensate staff, which shall 

19 include individuals with expertise in natural, 

20 cultural, and historical resources protection, 

21 and heritage programming; 

22 (D) obtain money or services from any 

23 source including any that are provided under 

24 any other Federal law or program; 

25 (E) contract for goods or services; and 


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1 (F) undertake to be a catalyst for any 

2 other activity that furthers the Heritage Area 

3 and is consistent with the approved manage4 ment plan. 

5 (2) DUTIES.—The local coordinating entity 

6 shall— 

7 (A) in accordance with subsection (d), pre8 pare and submit a management plan for the 

9 Heritage Area to the Secretary; 

10 (B) assist units of local government, re11 gional planning organizations, and nonprofit or12 ganizations in carrying out the approved man13 agement plan by— 

14 (i) carrying out programs and projects 

15 that recognize, protect, and enhance im16 portant resource values in the Heritage 

17 Area; 

18 (ii) establishing and maintaining in19 terpretive exhibits and programs in the 

20 Heritage Area; 

21 (iii) developing recreational and edu22 cational opportunities in the Heritage 

23 Area; 

24 (iv) increasing public awareness of, 

25 and appreciation for, natural, historical, 


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1 scenic, and cultural resources of the Herit2 age Area; 

3 (v) protecting and restoring historic 

4 sites and buildings in the Heritage Area 

5 that are consistent with Heritage Area 

6 themes; 

7 (vi) ensuring that clear, consistent, 

8 and appropriate signs identifying points of 

9 public access, and sites of interest are 

10 posted throughout the Heritage Area; and 

11 (vii) promoting a wide range of part12 nerships among governments, organiza13 tions, and individuals to further the Herit14 age Area; 

15 (C) consider the interests of diverse units 

16 of government, businesses, organizations, and 

17 individuals in the Heritage Area in the prepara18 tion and implementation of the management 

19 plan; 

20 (D) conduct meetings open to the public at 

21 least semiannually regarding the development 

22 and implementation of the management plan; 

23 (E) for any year that Federal funds have 

24 been received under this section— 


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1 (i) submit an annual report to the 

2 Secretary that describes the activities, ex3 penses, and income of the local coordi4 nating entity (including grants to any 

5 other entities during the year that the re6 port is made); 

7 (ii) make available to the Secretary 

8 for audit all records relating to the expend9 iture of the funds and any matching funds; 

10 and 

11 (iii) require, with respect to all agree12 ments authorizing expenditure of Federal 

13 funds by other organizations, that the or14 ganizations receiving the funds make avail15 able to the Secretary for audit all records 

16 concerning the expenditure of the funds; 

17 and 

18 (F) encourage by appropriate means eco19 nomic viability that is consistent with the Herit20 age Area. 

21 (3) PROHIBITION ON THE ACQUISITION OF

22 REAL PROPERTY.—The local coordinating entity 

23 shall not use Federal funds to acquire real property 

24 or any interest in real property. 

25 (d) MANAGEMENT PLAN.— 


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1 (1) IN GENERAL.—Not later than 3 years after 

2 the date of enactment of this Act, the local coordi3 nating entity shall submit to the Secretary for ap4 proval a proposed management plan for the Heritage 

5 Area. 

6 (2) REQUIREMENTS.—The management plan 

7 shall— 

8 (A) incorporate an integrated and coopera9 tive approach for the protection, enhancement, 

10 and interpretation of the natural, cultural, his11 toric, scenic, and recreational resources of the 

12 Heritage Area; 

13 (B) take into consideration State and local 

14 plans; 

15 (C) include— 

16 (i) an inventory of— 

17 (I) the resources located in the 

18 core area described in subsection 

19 (b)(2); and 

20 (II) any other property in the 

21 core area that— 

22 (aa) is related to the themes 

23 of the Heritage Area; and 

24 (bb) should be preserved, re25 stored, managed, or maintained 


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1 because of the significance of the 

2 property; 

3 (ii) describe comprehensive policies, 

4 goals, strategies and recommendations for 

5 telling the story of the heritage of the area 

6 covered by the designation and encour7 aging long-term resource protection, en8 hancement, interpretation, funding, man9 agement, and development; 

10 (iii) a description of actions that gov11 ernments, private organizations, and indi12 viduals have agreed to take to protect the 

13 natural, historical and cultural resources of 

14 the Heritage Area; 

15 (iv) a program of implementation for 

16 the management plan by the local coordi17 nating entity that includes a description 

18 of— 

19 (I) actions to facilitate ongoing 

20 collaboration among partners to pro21 mote plans for resource protection, 

22 restoration, and construction; and 

23 (II) specific commitments for im24 plementation that have been made by 

25 the local coordinating entity or any 


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1 government, organization, or indi2 vidual for the first 5 years of oper3 ation; 

4 (v) the identification of sources of 

5 funding for carrying out the management 

6 plan; 

7 (vi) analysis and recommendations for 

8 means by which local, State, and Federal 

9 programs, may best be coordinated to 

10 carry out this section; and 

11 (vii) a business plan that describes the 

12 role, operation, financing, and functions of 

13 the local coordinating entity and of each of 

14 the major activities contained in the man15 agement plan and provides adequate assur16 ances that the local coordinating entity has 

17 the partnerships and financial and other 

18 resources necessary to implement the man19 agement plan for the National Heritage 

20 Area; and 

21 (D) recommend policies and strategies for 

22 resource management that consider and detail 

23 the application of appropriate land and water 

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1 operative agreements to protect the natural, 

2 historical, cultural, educational, scenic, and rec3 reational resources of the Heritage Area. 

4 (3) DEADLINE.—If a proposed management 

5 plan is not submitted to the Secretary by the date 

6 that is 3 years after the date of enactment of this 

7 Act, the local coordinating entity shall be ineligible 

8 to receive additional funding under this section until 

9 the date that the Secretary receives and approves 

10 the management plan. 

11 (4) APPROVAL OR DISAPPROVAL OF MANAGE12 MENT PLAN.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of receipt of the manage15 ment plan under paragraph (1), the Secretary, 

16 in consultation with the State, shall approve or 

17 disapprove the management plan. 

18 (B) CRITERIA FOR APPROVAL.—In deter19 mining whether to approve the management 

20 plan, the Secretary shall consider whether— 

21 (i) the local coordinating entity is rep22 resentative of the diverse interests of the 

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1 nizations, educational institutions, busi2 nesses, and recreational organizations; 

3 (ii) the local coordinating entity has 

4 afforded adequate opportunity, including 

5 public hearings, for public and govern6 mental involvement in the preparation of 

7 the management plan; and 

8 (iii) the resource protection and inter9 pretation strategies contained in the man10 agement plan, if implemented, would ade11 quately protect the natural, historical, and 

12 cultural resources of the Heritage Area. 

13 (C) ACTION FOLLOWING DISAPPROVAL.—If 

14 the Secretary disapproves the management plan 

15 under subparagraph (A), the Secretary shall— 

16 (i) advise the local coordinating entity 

17 in writing of the reasons for the dis18 approval; 

19 (ii) make recommendations for revi20 sions to the management plan; and 

21 (iii) not later than 180 days after the 

22 receipt of any proposed revision of the 

23 management plan from the local coordi24 nating entity, approve or disapprove the 

25 proposed revision. 


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1 (D) AMENDMENTS.— 

2 (i) IN GENERAL.—The Secretary shall 

3 approve or disapprove each amendment to 

4 the management plan that the Secretary 

5 determines make a substantial change to 

6 the management plan. 

7 (ii) USE OF FUNDS.—The local co8 ordinating entity shall not use Federal 

9 funds authorized by this section to carry 

10 out any amendments to the management 

11 plan until the Secretary has approved the 

12 amendments. 

13 (e) RELATIONSHIP TO OTHER FEDERAL AGEN14 CIES.— 

15 (1) IN GENERAL.—Nothing in this section af16 fects the authority of a Federal agency to provide 

17 technical or financial assistance under any other law. 

18 (2) CONSULTATION AND COORDINATION.—The 

19 head of any Federal agency planning to conduct ac20 tivities that may have an impact on the Heritage 

21 Area is encouraged to consult and coordinate the ac22 tivities with the Secretary and the local coordinating 

23 entity to the maximum extent practicable. 

24 (3) OTHER FEDERAL AGENCIES.—Nothing in 

25 this section— 


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1 (A) modifies, alters, or amends any law or 

2 regulation authorizing a Federal agency to 

3 manage Federal land under the jurisdiction of 

4 the Federal agency; 

5 (B) limits the discretion of a Federal land 

6 manager to implement an approved land use 

7 plan within the boundaries of the Heritage 

8 Area; or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction 

11 of a Federal agency. 

12 (f) PRIVATE PROPERTY AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any property owner 

15 (whether public or private), including the right to re16 frain from participating in any plan, project, pro17 gram, or activity conducted within the Heritage 

18 Area; 

19 (2) requires any property owner to permit pub20 lic access (including access by Federal, State, or 

21 local agencies) to the property of the property 

22 owner, or to modify public access or use of property 

23 of the property owner under any other Federal, 

24 State, or local law; 


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1 (3) alters any duly adopted land use regulation, 

2 approved land use plan, or other regulatory author3 ity of any Federal, State, or local agency, or conveys 

4 any land use or other regulatory authority to the 

5 local coordinating entity; 

6 (4) authorizes or implies the reservation or ap7 propriation of water or water rights; 

8 (5) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the Heritage Area; or 

11 (6) creates any liability, or affects any liability 

12 under any other law, of any private property owner 

13 with respect to any person injured on the private 

14 property. 

15 (g) EVALUATION; REPORT.— 

16 (1) IN GENERAL.—Not later than 3 years be17 fore the date on which authority for Federal funding 

18 terminates for the Heritage Area, the Secretary 

19 shall— 

20 (A) conduct an evaluation of the accom21 plishments of the Heritage Area; and 

22 (B) prepare a report in accordance with 

23 paragraph (3). 

24 (2) EVALUATION.—An evaluation conducted 

25 under paragraph (1)(A) shall— 


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1 (A) assess the progress of the local coordi2 nating entity with respect to— 

3 (i) accomplishing the purposes of this 

4 section for the Heritage Area; and 

5 (ii) achieving the goals and objectives 

6 of the approved management plan for the 

7 Heritage Area; 

8 (B) analyze the Federal, State, local, and 

9 private investments in the Heritage Area to de10 termine the leverage and impact of the invest11 ments; and 

12 (C) review the management structure, 

13 partnership relationships, and funding of the 

14 Heritage Area for purposes of identifying the 

15 critical components for sustainability of the 

16 Heritage Area. 

17 (3) REPORT.— 

18 (A) IN GENERAL.—Based on the evalua19 tion conducted under paragraph (1)(A), the 

20 Secretary shall prepare a report that includes 

21 recommendations for the future role of the Na22 tional Park Service, if any, with respect to the 

23 Heritage Area. 

24 (B) REQUIRED ANALYSIS.—If the report 

25 prepared under subparagraph (A) recommends 


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1 that Federal funding for the Heritage Area be 

2 reauthorized, the report shall include an anal3 ysis of— 

4 (i) ways in which Federal funding for 

5 the Heritage Area may be reduced or 

6 eliminated; and 

7 (ii) the appropriate time period nec8 essary to achieve the recommended reduc9 tion or elimination. 

10 (C) SUBMISSION TO CONGRESS.—On com11 pletion of the report, the Secretary shall submit 

12 the report to— 

13 (i) the Committee on Energy and 

14 Natural Resources of the Senate; and 

15 (ii) the Committee on Natural Re16 sources of the House of Representatives. 

17 (h) TERMINATION OF AUTHORITY.—The authority of 

18 the Secretary to provide assistance under this section ter19 minates on the date that is 15 years after the date of en20 actment of this Act. 

21 SEC. 12. GUAM WAR CLAIMS REVIEW COMMISSION. 

22 (a) RECOGNITION OF THE SUFFERING AND LOYALTY

23 OF THE RESIDENTS OF GUAM.— 

24 (1) RECOGNITION OF THE SUFFERING OF THE

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1 nizes that, as described by the Guam War Claims 

2 Review Commission, the residents of Guam, on ac3 count of their United States nationality, suffered un4 speakable harm as a result of the occupation of 

5 Guam by Imperial Japanese military forces during 

6 World War II, by being subjected to death, rape, se7 vere personal injury, personal injury, forced labor, 

8 forced march, or internment. 

9 (2) RECOGNITION OF THE LOYALTY OF THE

10 RESIDENTS OF GUAM.—The United States forever 

11 will be grateful to the residents of Guam for their 

12 steadfast loyalty to the United States, as dem13 onstrated by the countless acts of courage they per14 formed despite the threat of death or great bodily 

15 harm they faced at the hands of the Imperial Japa16 nese military forces that occupied Guam during 

17 World War II. 

18 (b) GUAM WORLD WAR II CLAIMS FUND.— 

19 (1) ESTABLISHMENT OF FUND.—The Secretary 

20 of the Treasury shall establish in the Treasury of 

21 the United States a special fund (in this Act re22 ferred to as the ‘‘Claims Fund’’) for the payment of 

23 claims submitted by compensable Guam victims and 

24 survivors of compensable Guam decedents in accord25 ance with subsections (c) and (d). 


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1 (2) COMPOSITION OF FUND.—The Claims Fund 

2 established under paragraph (1) shall be composed 

3 of amounts deposited into the Claims Fund under 

4 paragraph (3) and any other amounts made avail5 able for the payment of claims under this Act. 

6 (3) PAYMENT OF CERTAIN DUTIES, TAXES, AND

7 FEES COLLECTED FROM GUAM DEPOSITED INTO

8 FUND.— 

9 (A) IN GENERAL.—Notwithstanding sec10 tion 30 of the Organic Act of Guam (48 U.S.C. 

11 1421h), the excess of— 

12 (i) any amount of duties, taxes, and 

13 fees collected under such subsection after 

14 fiscal year 2012, over 

15 (ii) the amount of duties, taxes, and 

16 fees collected under such subsection during 

17 fiscal year 2012, 

18 shall be deposited into the Claims Fund. 

19 (B) APPLICATION.—Subparagraph (A) 

20 shall not apply after the date for which the Sec21 retary of the Treasury determines that all pay22 ments required to be made under subsection (c) 

23 have been made. 

24 (4) LIMITATION ON PAYMENTS MADE FROM

25 FUND.— 


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1 (A) IN GENERAL.—No payment may be 

2 made in a fiscal year under subsection (c) until 

3 funds are deposited into the Claims Fund in 

4 such fiscal year under paragraph (3). 

5 (B) AMOUNTS.—For each fiscal year in 

6 which funds are deposited into the Claims Fund 

7 under paragraph (3), the total amount of pay8 ments made in a fiscal year under subsection 

9 (c) may not exceed the amount of funds avail10 able in the Claims Fund for such fiscal year. 

11 (5) DEDUCTIONS FROM FUND FOR ADMINIS12 TRATIVE EXPENSES.—The Secretary of the Treasury 

13 shall deduct from any amounts deposited into the 

14 Claims Fund an amount equal to 5 per cent of such 

15 amounts as reimbursement to the Federal Govern16 ment for expenses incurred by the Foreign Claims 

17 Settlement Commission and by the Department of 

18 the Treasury in the administration of this Act. The 

19 amounts so deducted shall be covered into the 

20 Treasury as miscellaneous receipts. 

21 (c) PAYMENTS FOR GUAM WORLD WAR II CLAIMS.— 

22 (1) PAYMENTS FOR DEATH, PERSONAL INJURY, 

23 FORCED LABOR, FORCED MARCH, AND INTERN24 MENT.—After the Secretary of the Treasury receives 

25 the certification from the Chairman of the Foreign 


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1 Claims Settlement Commission as required under 

2 subsection (d)(2)(H), the Secretary of the Treasury 

3 shall make payments to compensable Guam victims 

4 and survivors of a compensable Guam decedents as 

5 follows: 

6 (A) COMPENSABLE GUAM VICTIM.—Before 

7 making any payments under subparagraph (B), 

8 the Secretary shall make payments to compen9 sable Guam victims as follows: 

10 (i) In the case of a victim who has 

11 suffered an injury described in paragraph 

12 (3)(B)(i), $15,000. 

13 (ii) In the case of a victim who is not 

14 described in clause (i), but who has suf15 fered an injury described in paragraph 

16 (3)(B)(ii), $12,000. 

17 (iii) In the case of a victim who is not 

18 described in clause (i) or (ii), but who has 

19 suffered an injury described in paragraph 

20 (3)(B)(iii), $10,000. 

21 (B) SURVIVORS OF COMPENSABLE GUAM

22 DECEDENTS.—In the case of a compensable 

23 Guam decedent, the Secretary shall pay 

24 $25,000 for distribution to survivors of the de25 cedent in accordance with paragraph (2). The 


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1 Secretary shall make payments under this para2 graph only after all payments are made under 

3 subparagraph (A). 

4 (2) DISTRIBUTION OF SURVIVOR PAYMENTS.— 

5 A payment made under paragraph (1)(B) to the sur6 vivors of a compensable Guam decedent shall be dis7 tributed as follows: 

8 (A) In the case of a decedent whose spouse 

9 is living as of the date of the enactment of this 

10 Act, but who had no living children as of such 

11 date, the payment shall be made to such 

12 spouse. 

13 (B) In the case of a decedent whose spouse 

14 is living as of the date of the enactment of this 

15 Act and who had one or more living children as 

16 of such date, 50 percent of the payment shall 

17 be made to the spouse and 50 percent shall be 

18 made to such children, to be divided among 

19 such children to the greatest extent possible 

20 into equal shares. 

21 (C) In the case of a decedent whose spouse 

22 is not living as of the date of the enactment of 

23 this Act and who had one or more living chil24 dren as of such date, the payment shall be 

25 made to such children, to be divided among 


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1 such children to the greatest extent possible 

2 into equal shares. 

3 (D) In the case of a decedent whose spouse 

4 is not living as of the date of the enactment of 

5 this Act and who had no living children as of 

6 such date, but who— 

7 (i) had a parent who is living as of 

8 such date, the payment shall be made to 

9 the parent; or 

10 (ii) had two parents who are living as 

11 of such date, the payment shall be divided 

12 equally between the parents. 

13 (E) In the case of a decedent whose spouse 

14 is not living as of the date of the enactment of 

15 this Act, who had no living children as of such 

16 date, and who had no parents who are living as 

17 of such date, no payment shall be made. 

18 (3) DEFINITIONS.—For purposes of this Act: 

19 (A) COMPENSABLE GUAM DECEDENT.— 

20 The term ‘‘compensable Guam decedent’’ means 

21 an individual determined under subsection (d) 

22 to have been a resident of Guam who died as 

23 a result of the attack and occupation of Guam 

24 by Imperial Japanese military forces during 

25 World War II, or incident to the liberation of 


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1 Guam by United States military forces, and 

2 whose death would have been compensable 

3 under the Guam Meritorious Claims Act of 

4 1945 (Public Law 79–224) if a timely claim 

5 had been filed under the terms of such Act. 

6 (B) COMPENSABLE GUAM VICTIM.—The 

7 term ‘‘compensable Guam victim’’ means an in8 dividual who is not deceased as of the date of 

9 the enactment of this Act and who is deter10 mined under subsection (d) to have suffered, as 

11 a result of the attack and occupation of Guam 

12 by Imperial Japanese military forces during 

13 World War II, or incident to the liberation of 

14 Guam by United States military forces, any of 

15 the following: 

16 (i) Rape or severe personal injury 

17 (such as loss of a limb, dismemberment, or 

18 paralysis). 

19 (ii) Forced labor or a personal injury 

20 not under subparagraph (A) (such as dis21 figurement, scarring, or burns). 

22 (iii) Forced march, internment, or 

23 hiding to evade internment. 

24 (C) DEFINITIONS OF SEVERE PERSONAL

25 INJURIES AND PERSONAL INJURIES.—Not later 


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1 than 180 days after the date of the enactment 

2 of this Act, the Foreign Claims Settlement 

3 Commission shall promulgate regulations to 

4 specify the injuries that constitute a severe per5 sonal injury or a personal injury for purposes of 

6 subparagraphs (A) and (B), respectively, of 

7 paragraph (2). 

8 (d) ADJUDICATION.— 

9 (1) AUTHORITY OF FOREIGN CLAIMS SETTLE10 MENT COMMISSION.— 

11 (A) IN GENERAL.—The Foreign Claims 

12 Settlement Commission shall adjudicate claims 

13 and determine the eligibility of individuals for 

14 payments under subsection (c). 

15 (B) RULES AND REGULATIONS.—Not later 

16 than 180 days after the date of the enactment 

17 of this Act, the Chairman of the Foreign 

18 Claims Settlement Commission shall publish in 

19 the Federal Register such rules and regulations 

20 as may be necessary to enable the Commission 

21 to carry out the functions of the Commission 

22 under this Act. 

23 (2) CLAIMS SUBMITTED FOR PAYMENTS.— 

24 (A) SUBMITTAL OF CLAIM.—For purposes 

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1 graph (B), the Foreign Claims Settlement Com2 mission may not determine an individual is eli3 gible for a payment under subsection (c) unless 

4 the individual submits to the Commission a 

5 claim in such manner and form and containing 

6 such information as the Commission specifies. 

7 (B) FILING PERIOD FOR CLAIMS AND NO8 TICE.— 

9 (i) FILING PERIOD.—An individual fil10 ing a claim for a payment under subsection 

11 (c) shall file such claim not later than one 

12 year after the date on which the Foreign 

13 Claims Settlement Commission publishes 

14 the notice described in clause (ii). 

15 (ii) NOTICE OF FILING PERIOD.—Not 

16 later than 180 days after the date of the 

17 enactment of this Act, the Foreign Claims 

18 Settlement Commission shall publish a no19 tice of the deadline for filing a claim de20 scribed in clause (i)— 

21 (I) in the Federal Register; and 

22 (II) in newspaper, radio, and tel23 evision media in Guam. 


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1 (C) ADJUDICATORY DECISIONS.—The deci2 sion of the Foreign Claims Settlement Commis3 sion on each claim filed under this Act shall— 

4 (i) be by majority vote; 

5 (ii) be in writing; 

6 (iii) state the reasons for the approval 

7 or denial of the claim; and 

8 (iv) if approved, state the amount of 

9 the payment awarded and the distribution, 

10 if any, to be made of the payment. 

11 (D) DEDUCTIONS IN PAYMENT.—The For12 eign Claims Settlement Commission shall de13 duct, from a payment made to a compensable 

14 Guam victim or survivors of a compensable 

15 Guam decedent under this subsection, amounts 

16 paid to such victim or survivors under the 

17 Guam Meritorious Claims Act of 1945 (Public 

18 Law 79–224) before the date of the enactment 

19 of this Act. 

20 (E) INTEREST.—No interest shall be paid 

21 on payments made by the Foreign Claims Set22 tlement Commission under subsection (c). 

23 (F) LIMITED COMPENSATION FOR PROVI24 SION OF REPRESENTATIONAL SERVICES.— 


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1 (i) LIMIT ON COMPENSATION.—Any 

2 agreement under which an individual who 

3 provided representational services to an in4 dividual who filed a claim for a payment 

5 under this Act that provides for compensa6 tion to the individual who provided such 

7 services in an amount that is more than 

8 one percent of the total amount of such 

9 payment shall be unlawful and void. 

10 (ii) PENALTIES.—Whoever demands 

11 or receives any compensation in excess of 

12 the amount allowed under subparagraph 

13 (A) shall be fined not more than $5,000 or 

14 imprisoned not more than one year, or 

15 both. 

16 (G) APPEALS AND FINALITY.—Objections 

17 and appeals of decisions of the Foreign Claims 

18 Settlement Commission shall be to the Commis19 sion, and upon rehearing, the decision in each 

20 claim shall be final, and not subject to further 

21 review by any court or agency. 

22 (H) CERTIFICATIONS FOR PAYMENT.— 

23 After a decision approving a claim becomes 

24 final, the Chairman of the Foreign Claims Set25 tlement Commission shall certify such decision 


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1 to the Secretary of the Treasury for authoriza2 tion of a payment under subsection (c). 

3 (I) TREATMENT OF AFFIDAVITS.—For 

4 purposes of subsection (c) and subject to sub5 paragraph (B), the Foreign Claims Settlement 

6 Commission shall treat a claim that is accom7 panied by an affidavit of an individual that at8 tests to all of the material facts required for es9 tablishing the eligibility of such individual for 

10 payment under such subsection as establishing 

11 a prima facie case of the eligibility of the indi12 vidual for such payment without the need for 

13 further documentation, except as the Commis14 sion may otherwise require. Such material facts 

15 shall include, with respect to a claim for a pay16 ment made under subsection (c)(1), a detailed 

17 description of the injury or other circumstance 

18 supporting the claim involved, including the 

19 level of payment sought. 

20 (J) RELEASE OF RELATED CLAIMS.—Ac21 ceptance of a payment under subsection (c) by 

22 an individual for a claim related to a compen23 sable Guam decedent or a compensable Guam 

24 victim shall be in full satisfaction of all claims 

25 related to such decedent or victim, respectively, 


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1 arising under the Guam Meritorious Claims Act 

2 of 1945 (Public Law 79–224), the imple3 menting regulations issued by the United States 

4 Navy pursuant to such Act (Public Law 79– 

5 224), or this Act. 

6 SEC. 13. USE OF CERTAIN EXPENDITURES AS IN-KIND CON7 TRIBUTIONS. 

8 (a) IN GENERAL.—Except as provided under sub9 section (c), local matching requirements required of an af10 fected jurisdiction for Federal programs may be paid in 

11 cash or in-kind services provided by the affected jurisdic12 tion pursuant to the following: 

13 (1) Section 311 of the Compact of Free Asso14 ciation between the Government of the United 

15 States and the Government of the Federated States 

16 of Micronesia, approved in the Compact of Free As17 sociation Amendments Act of 2003 (Public Law 

18 108–188; 117 Stat. 2781). 

19 (2) Section 311 of the Compact of Free Asso20 ciation between the Government of the United 

21 States and the Government of the Republic of the 

22 Marshall Islands, approved in the Compact of Free 

23 Association Amendments Act of 2003 (Public Law 

24 108–188; 117 Stat. 2781). 


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1 (3) The Compact of Free Association between 

2 the Government of the United States and the Gov3 ernment of the Republic of Palau, approved in the 

4 Palau Compact of Free Association Act (Public Law 

5 99–658; 100 Stat. 3672). 

6 (b) DETERMINATION OF AMOUNTS TO BE CONSID7 ERED IN-KIND CONTRIBUTIONS.—The Secretary of the 

8 Interior shall determine the amounts that may be consid9 ered in-kind contributions for an affected jurisdiction 

10 under this section based on a reasonable estimate of the 

11 amount of impact expenditures for the Freely Associated 

12 States. 

13 (c) COMPETITIVE GRANTS.—Local matching require14 ments required of an affected jurisdiction for Federal com15 petitive grant programs may not be paid with in-kind serv16 ices under this section. 

17 (d) AFFECTED JURISDICTIONS.—The term ‘‘affected 

18 jurisdiction’’ shall have the meaning given that term in 

19 section 104(e) of Public Law 108–188 (117 Stat. 2739). 

20 SEC. 14. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. 

21 Section 214(a)(7) of the Housing and Community 

22 Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is 

23 amended by striking ‘‘such alien’’ and all that follows 

24 through the period at the end and inserting ‘‘any citizen 

25 or national of the United States shall be entitled to a prefVerDate Mar 15 2010 00:16 Apr 09, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\S1237.RS S1237

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1 erence or priority in receiving assistance before any such 

2 alien who is otherwise eligible for such assistance.’’. 

3 SEC. 15. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN 

4 AMERICAN SAMOA. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall conduct a study regarding the use of benefit7 to-cost ratio formulas by Federal departments and agen8 cies for purposes of evaluating projects in American 

9 Samoa. 

10 (b) CONTENTS.—In conducting the study, the Comp11 troller General shall— 

12 (1) assess whether the benefit-to-cost ratio for13 mulas described in subsection (a) take into consider14 ation— 

15 (A) the remote locations in, and the cost of 

16 transportation to and from, American Samoa; 

17 and 

18 (B) other significant factors that are not 

19 comparable to locations within the 48 contig20 uous States; and 

21 (2) assess, in particular, the use of benefit-to22 cost ratio formulas by— 

23 (A) the Secretary of Transportation with 

24 respect to airport traffic control tower pro25 grams; and 


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1 (B) the Secretary of the Army, acting 

2 through the Corps of Engineers, with respect to 

3 a harbor project or other water resources devel4 opment project. 

5 (3) REPORT TO CONGRESS.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Comptroller General shall submit to Congress a re8 port on the results of the study. 

9 SEC. 16. WAIVER OF LOCAL MATCHING REQUIREMENTS. 

10 (a) WAIVER OF CERTAIN MATCHING REQUIRE11 MENTS.—Section 501 of the Act entitled ‘‘An Act to au12 thorize certain appropriations for the territories of the 

13 United States, to amend certain Acts relating thereto, and 

14 for other purposes’’, approved October 15, 1977 (48 

15 U.S.C. 1469a; 91 Stat. 1164) is amended— 

16 (1) in the last sentence of subsection (d), by 

17 striking ‘‘by law’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(e) Notwithstanding any other provision of law, in 

21 the case of American Samoa, Guam, the Virgin Islands, 

22 and the Northern Mariana Islands, each department or 

23 agency of the United States shall waive any requirement 

24 for local matching funds (including in-kind contributions) 


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1 that the insular area would otherwise be required to pro2 vide for any non-competitive grant as follows: 

3 ‘‘(1) For a grant requiring matching funds (in4 cluding in-kind contributions) of $500,000 or less, 

5 the entire matching requirement shall be waived. 

6 ‘‘(2) For a grant requiring matching funds (in7 cluding in-kind contributions) of more than 

8 $500,000, $500,000 of the matching requirement 

9 shall be waived.’’. 

10 (b) CONFORMING AMENDMENT.—Section 601 of the 

11 Act entitled ‘‘An Act to authorize appropriations for cer12 tain insular areas of the United States, and for other pur13 poses’’, approved March 12, 1980 (48 U.S.C. 1469a note; 

14 94 Stat. 90), is amended by striking ‘‘, and adding the 

15 following sentence’’ and all that follows through ‘‘Is16 lands’.’’. 

17 SEC. 17. FISHERY ENDORSEMENTS. 

18 Section 12113 of title 46, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(j) CERTAIN EXEMPTION.—Paragraph (3) of sub21 section (a) shall not apply to any vessel— 

22 ‘‘(1) the catch of which, pursuant to the fishery 

23 endorsement, is offloaded and processed in American 

24 Samoa; and 


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1 ‘‘(2) that was rebuilt outside of the United 

2 States before January 1, 2011.’’. 

3 SEC. 18. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN 

4 AMERICAN SAMOA. 

5 Section 8104 of the Fair Minimum Wage Act of 2007 

6 (29 U.S.C. 206 note) is amended by adding at the end 

7 the following: 

8 ‘‘(c) EFFECTS OF MINIMUM WAGE DIFFERENTIALS

9 IN AMERICAN SAMOA.—The reports required under this 

10 section shall include an analysis of the economic effects 

11 on employees and employers of the differentials in min12 imum wage rates among industries and classifications in 

13 American Samoa under section 697 of title 29, Code of 

14 Federal Regulations, including the potential effects of 

15 eliminating such differentials prior to the time when such 

16 rates are scheduled to be equal to the minimum wage set 

17 forth in section 6(a)(1) of the Fair Labor Standards Act 

18 (29 U.S.C. 206(a)(1)).’’. 

19 SEC. 19. AMERICAN SAMOA CITIZENSHIP PLEBISCITE ACT. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘American Samoa Citizenship Plebiscite Act’’. 

22 (b) FINDINGS AND PURPOSE.— 

23 (1) FINDINGS.—Congress finds the following: 

24 (A) Under the Immigration and Nation25 ality Act, persons born in Puerto Rico, Guam, 


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1 the United States Virgin Islands, and the Com2 monwealth of the Northern Mariana Islands are 

3 citizens of the United States at birth. Persons 

4 born in the United States territory of American 

5 Samoa are nationals of the United States, but 

6 not citizens, at birth. 

7 (B) The term ‘‘national of the United 

8 States’’ is defined under the Immigration and 

9 Nationality Act to include persons who, though 

10 not citizens of the United States, owe perma11 nent allegiance to the United States. 

12 (C) For more than 100 years, American 

13 Samoans who are United States nationals have 

14 demonstrated their loyalty and allegiance to the 

15 United States. On April 17, 1900, the village 

16 chiefs of Tutuila and Aunu’u ceded their is17 lands to the United States. On July 16, 1904, 

18 his Majesty King Tuimanu’a of the Manu’a Is19 lands and his village chiefs did the same. On 

20 February 20, 1929, the United States Congress 

21 officially ratified the Treaty of Cession of 

22 Tutuila and Aunu’u and the Treaty of Cession 

23 of Manu’a. On March 4, 1925, by Joint Resolu24 tion of the United States Congress, American 

25 sovereignty was officially extended over Swains 


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1 Island and it was placed under the jurisdiction 

2 of the government of American Samoa. 

3 (D) Since ratification of the Treaties of 

4 Cession, many American Samoans who are 

5 United States nationals have joined the United 

6 States Armed Forces and fought for the United 

7 States during World War II, the Korean, Viet8 nam, and Persian Gulf wars, and most recently 

9 in Iraq and Afghanistan. 

10 (E) It is the responsibility of the Secretary 

11 of Interior to advance the economic, social and 

12 political development of the territories of the 

13 United States. 

14 (2) PURPOSE.—The purpose of this section is 

15 to provide for a federally authorized vote in Amer16 ican Samoa on the question of citizenship and if a 

17 majority of voters vote for citizenship, to describe 

18 the steps that the President and Congress shall take 

19 to enable American Samoans to be granted citizen20 ship. 

21 (c) CITIZENSHIP VOTE.—The Secretary of Interior 

22 shall direct the American Samoa Election Office to con23 duct a plebiscite on the issue of whether persons born in 

24 American Samoa desire United States citizenship. 

25 ‘‘As United States Citizens: 


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1 ‘‘(A) Individuals born in American Samoa 

2 would be United States citizens by Federal law. 

3 ‘‘(B) All persons living in American Samoa 

4 who are United States nationals will become 

5 United States citizens. Persons born in Amer6 ican Samoa will no longer be United States na7 tionals. 

8 Do you want persons born in American Samoa to 

9 become United States citizens? Yes ll Noll?’’. 

10 SEC. 20. ELIGIBILITY FOR MARINE TURTLE CONSERVATION 

11 ASSISTANCE. 

12 The Marine Turtle Conservation Act of 2004 is 

13 amended— 

14 (1) in each of sections 2(b) and 3(2) (16 U.S.C. 

15 6601(b), 6602(2)), by inserting ‘‘and territories of 

16 the United States’’ after ‘‘foreign countries’’ each 

17 place it appears; 

18 (2) in section 3 (16 U.S.C. 6602), by adding at 

19 the end the following: 

20 ‘‘(7) TERRITORY OF THE UNITED STATES.— 

21 The term ‘territory of the United States’ means each 

22 of the several States of the United States, Puerto 

23 Rico, the Virgin Islands, Guam, American Samoa, 

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1 lands, and any other territory or possession of the 

2 United States.’’; and 

3 (3) in section 4(b)(1)(A) (16 U.S.C. 

4 6603(b)(1)(A)), by inserting ‘‘or territory of the 

5 United States’’ after ‘‘foreign country’’. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Omnibus Territories Act 

8 of 2013’’. 

9 SEC. 2. TABLE OF CONTENTS. 

10 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Amendments to the Consolidated Natural Resources Act. 

Sec. 4. Study of electric rates in the insular areas. 

Sec. 5. Reports on estimates of revenues. 

Sec. 6. Low-income home energy assistance program. 

Sec. 7. Guam War Claims Review Commission. 

Sec. 8. Improvements in HUD assisted programs. 

Sec. 9. Benefit to cost ratio study for projects in American Samoa. 

Sec. 10. Waiver of local matching requirements. 

Sec. 11. Fishery endorsements. 

Sec. 12. Effects of Minimum Wage differentials in American Samoa. 

Sec. 13. Office of National Drug Control Policy. 

Sec. 14. Drivers’ licenses and personal identification cards. 

11 SEC. 3. AMENDMENTS TO THE CONSOLIDATED NATURAL 

12 RESOURCES ACT. 

13 Section 6 of the Joint Resolution entitled ‘‘A Joint 

14 Resolution to approve the ‘Covenant To Establish a Com15 monwealth of the Northern Mariana Islands in Political 

16 Union with the United States of America’, and for other 

17 purposes’’, approved March 24, 1976 (Public Law 94–241; 

18 90 Stat. 263, 122 Stat. 854), is amended— 

19 (1) in subsection (a)— 


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1 (A) in paragraph (2), by striking ‘‘Decem2 ber 31, 2014, except as provided in subsections 

3 (b) and (d)’’ and inserting ‘‘December 31, 2019’’; 

4 and 

5 (B) by striking paragraph (6), and insert6 ing the following: 

7 ‘‘(6) CERTAIN EDUCATION FUNDING.— 

8 ‘‘(A) IN GENERAL.—In addition to fees 

9 charged pursuant to section 286(m) of the Immi10 gration and Nationality Act (8 U.S.C. 1356 (m)) 

11 to recover the full costs of providing adjudication 

12 services, the Secretary of Homeland Security 

13 shall charge an annual supplemental fee of $150 

14 per nonimmigrant worker to each prospective 

15 employer who is issued a permit under sub16 section (d) of this section during the transition 

17 program. Such supplemental fee shall be paid 

18 into the Treasury of the Commonwealth govern19 ment for the purpose of funding ongoing voca20 tional educational curricula and program devel21 opment by Commonwealth educational entities. 

22 ‘‘(B) PLAN FOR THE EXPENDITURE OF

23 FUNDS.—At the beginning of each fiscal year, 

24 and prior to the payment of the supplemental fee 

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1 ment in that fiscal year, the Commonwealth gov2 ernment must provide to the Secretary of Labor, 

3 a plan for the expenditure of funds received 

4 under this paragraph, a projection of the effec5 tiveness of these expenditures in the placement of 

6 United States workers into jobs, and a report on 

7 the changes in employment of United States 

8 workers attributable to prior year expenditures. 

9 ‘‘(C) REPORT.—The Secretary of Labor 

10 shall report to the Congress every 2 years on the 

11 effectiveness of meeting the goals set out by the 

12 Commonwealth government in its annual plan 

13 for the expenditure of funds.’’; and 

14 (2) in subsection (d)— 

15 (A) in the third sentence of paragraph (2), 

16 by striking ‘‘not to extend beyond December 31, 

17 2014, unless extended pursuant to paragraph 5 

18 of this subsection’’ and inserting ‘‘ending on De19 cember 31, 2019’’; 

20 (B) by striking paragraph (5); and 

21 (C) by redesignating paragraph (6) as 

22 paragraph (5). 

23 SEC. 4. STUDY OF ELECTRIC RATES IN THE INSULAR 

24 AREAS. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) COMPREHENSIVE ENERGY PLAN.—The term 

2 ‘‘comprehensive energy plan’’ means a comprehensive 

3 energy plan prepared and updated under subsections 

4 (c) and (e) of section 604 of the Act entitled ‘‘An Act 

5 to authorize appropriations for certain insular areas 

6 of the United States, and for other purposes’’, ap7 proved December 24, 1980 (48 U.S.C. 1492). 

8 (2) ENERGY ACTION PLAN.—The term ‘‘energy 

9 action plan’’ means the plan required by subsection 

10 (d). 

11 (3) FREELY ASSOCIATED STATES.—The term 

12 ‘‘Freely Associated States’’ means the Federated 

13 States of Micronesia, the Republic of the Marshall Is14 lands, and the Republic of Palau. 

15 (4) INSULAR AREAS.—The term ‘‘insular areas’’ 

16 means American Samoa, the Commonwealth of the 

17 Northern Mariana Islands, Puerto Rico, Guam, and 

18 the Virgin Islands. 

19 (5) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (6) TEAM.—The term ‘‘team’’ means the team es22 tablished by the Secretary under subsection (b). 

23 (b) ESTABLISHMENT.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary shall, within 


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1 the Empowering Insular Communities activity, establish a 

2 team of technical, policy, and financial experts— 

3 (1) to develop an energy action plan addressing 

4 the energy needs of each of the insular areas and 

5 Freely Associated States; and 

6 (2) to assist each of the insular areas and Freely 

7 Associated States in implementing such plan. 

8 (c) PARTICIPATION OF REGIONAL UTILITY ORGANIZA9 TIONS.—In establishing the team, the Secretary shall con10 sider including regional utility organizations. 

11 (d) ENERGY ACTION PLAN.—In accordance with sub12 section (b), the energy action plan shall include— 

13 (1) recommendations, based on the comprehen14 sive energy plan where applicable, to— 

15 (A) reduce reliance and expenditures on fuel 

16 shipped to the insular areas and Freely Associ17 ated States from ports outside the United States; 

18 (B) develop and utilize domestic fuel energy 

19 sources; and 

20 (C) improve performance of energy infra21 structure and overall energy efficiency; 

22 (2) a schedule for implementation of such rec23 ommendations and identification and prioritization 

24 of specific projects; 


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1 (3) a financial and engineering plan for imple2 menting and sustaining projects; and 

3 (4) benchmarks for measuring progress toward 

4 implementation. 

5 (e) REPORTS TO SECRETARY.—Not later than 1 year 

6 after the date on which the Secretary establishes the team 

7 and annually thereafter, the team shall submit to the Sec8 retary a report detailing progress made in fulfilling its 

9 charge and in implementing the energy action plan. 

10 (f) ANNUAL REPORTS TO CONGRESS.—Not later than 

11 30 days after the date on which the Secretary receives a 

12 report submitted by the team under subsection (e), the Sec13 retary shall submit to the appropriate committees of Con14 gress a summary of the report of the team. 

15 (g) APPROVAL OF SECRETARY REQUIRED.—The en16 ergy action plan shall not be implemented until the Sec17 retary approves the energy action plan. 

18 SEC. 5. REPORTS ON ESTIMATES OF REVENUES. 

19 The Comptroller General of the United States shall 

20 submit to the appropriate committees of Congress a report 

21 that— 

22 (1) evaluates whether the annual estimates or 

23 forecasts of revenue and expenditure of American 

24 Samoa, the Commonwealth of the Northern Mariana 


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1 Islands, Guam, and the Virgin Islands are reasonable; 

2 and 

3 (2) as the Comptroller General of the United 

4 States determines to be necessary, makes recommenda5 tions for improving the process for developing esti6 mates or forecasts. 

7 SEC. 6. LOW-INCOME HOME ENERGY ASSISTANCE PRO8 GRAM. 

9 With respect to fiscal years 2014 through 2017, the per10 centage described in section 2605(b)(2)(B)(i) of the Low11 Income Home Energy Assistance Act of 1981 (42 U.S.C. 

12 8624(b)(2)(B)(i)) shall be 300 percent when applied to 

13 households located in the Virgin Islands. 

14 SEC. 7. GUAM WAR CLAIMS REVIEW COMMISSION. 

15 (a) RECOGNITION OF THE SUFFERING AND LOYALTY

16 OF THE RESIDENTS OF GUAM.— 

17 (1) RECOGNITION OF THE SUFFERING OF THE

18 RESIDENTS OF GUAM.—The United States recognizes 

19 that, as described by the Guam War Claims Review 

20 Commission, the residents of Guam, on account of 

21 their United States nationality, suffered unspeakable 

22 harm as a result of the occupation of Guam by Impe23 rial Japanese military forces during World War II, 

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1 jury, personal injury, forced labor, forced march, or 

2 internment. 

3 (2) RECOGNITION OF THE LOYALTY OF THE

4 RESIDENTS OF GUAM.—The United States forever will 

5 be grateful to the residents of Guam for their steadfast 

6 loyalty to the United States, as demonstrated by the 

7 countless acts of courage they performed despite the 

8 threat of death or great bodily harm they faced at the 

9 hands of the Imperial Japanese military forces that 

10 occupied Guam during World War II. 

11 (b) GUAM WORLD WAR II CLAIMS FUND.— 

12 (1) ESTABLISHMENT OF FUND.—The Secretary 

13 of the Treasury shall establish in the Treasury of the 

14 United States a special fund (in this Act referred to 

15 as the ‘‘Claims Fund’’) for the payment of claims sub16 mitted by compensable Guam victims and survivors 

17 of compensable Guam decedents in accordance with 

18 subsections (c) and (d). 

19 (2) COMPOSITION OF FUND.—The Claims Fund 

20 established under paragraph (1) shall be composed of 

21 amounts deposited into the Claims Fund under para22 graph (3) and any other amounts made available for 

23 the payment of claims under this Act. 


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1 (3) PAYMENT OF CERTAIN DUTIES, TAXES, AND

2 FEES COLLECTED FROM GUAM DEPOSITED INTO

3 FUND.— 

4 (A) IN GENERAL.—Notwithstanding section 

5 30 of the Organic Act of Guam (48 U.S.C. 

6 1421h), the excess of— 

7 (i) any amount of duties, taxes, and 

8 fees collected under such subsection after fis9 cal year 2012, over 

10 (ii) the amount of duties, taxes, and 

11 fees collected under such subsection during 

12 fiscal year 2012, 

13 shall be deposited into the Claims Fund. 

14 (B) APPLICATION.—Subparagraph (A) shall 

15 not apply after the date for which the Secretary 

16 of the Treasury determines that all payments re17 quired to be made under subsection (c) have been 

18 made. 

19 (4) LIMITATION ON PAYMENTS MADE FROM

20 FUND.— 

21 (A) IN GENERAL.—No payment may be 

22 made in a fiscal year under subsection (c) until 

23 funds are deposited into the Claims Fund in 

24 such fiscal year under paragraph (3). 


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1 (B) AMOUNTS.—For each fiscal year in 

2 which funds are deposited into the Claims Fund 

3 under paragraph (3), the total amount of pay4 ments made in a fiscal year under subsection (c) 

5 may not exceed the amount of funds available in 

6 the Claims Fund for such fiscal year. 

7 (5) DEDUCTIONS FROM FUND FOR ADMINISTRA8 TIVE EXPENSES.—The Secretary of the Treasury shall 

9 deduct from any amounts deposited into the Claims 

10 Fund an amount equal to 5 per cent of such amounts 

11 as reimbursement to the Federal Government for ex12 penses incurred by the Foreign Claims Settlement 

13 Commission and by the Department of the Treasury 

14 in the administration of this Act. The amounts so de15 ducted shall be covered into the Treasury as miscella16 neous receipts. 

17 (c) PAYMENTS FOR GUAM WORLD WAR II CLAIMS.— 

18 (1) PAYMENTS FOR DEATH, PERSONAL INJURY, 

19 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

20 After the Secretary of the Treasury receives the certifi21 cation from the Chairman of the Foreign Claims Set22 tlement Commission as required under subsection 

23 (d)(2)(H), the Secretary of the Treasury shall make 

24 payments to compensable Guam victims and sur25 vivors of a compensable Guam decedents as follows: 


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1 (A) COMPENSABLE GUAM VICTIM.—Before 

2 making any payments under subparagraph (B), 

3 the Secretary shall make payments to compen4 sable Guam victims as follows: 

5 (i) In the case of a victim who has suf6 fered an injury described in paragraph 

7 (3)(B)(i), $15,000. 

8 (ii) In the case of a victim who is not 

9 described in clause (i), but who has suffered 

10 an injury described in paragraph 

11 (3)(B)(ii), $12,000. 

12 (iii) In the case of a victim who is not 

13 described in clause (i) or (ii), but who has 

14 suffered an injury described in paragraph 

15 (3)(B)(iii), $10,000. 

16 (B) SURVIVORS OF COMPENSABLE GUAM

17 DECEDENTS.—In the case of a compensable 

18 Guam decedent, the Secretary shall pay $25,000 

19 for distribution to survivors of the decedent in 

20 accordance with paragraph (2). The Secretary 

21 shall make payments under this paragraph only 

22 after all payments are made under subpara23 graph (A). 

24 (2) DISTRIBUTION OF SURVIVOR PAYMENTS.—A 

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1 vivors of a compensable Guam decedent shall be dis2 tributed as follows: 

3 (A) In the case of a decedent whose spouse 

4 is living as of the date of the enactment of this 

5 Act, but who had no living children as of such 

6 date, the payment shall be made to such spouse. 

7 (B) In the case of a decedent whose spouse 

8 is living as of the date of the enactment of this 

9 Act and who had one or more living children as 

10 of such date, 50 percent of the payment shall be 

11 made to the spouse and 50 percent shall be made 

12 to such children, to be divided among such chil13 dren to the greatest extent possible into equal 

14 shares. 

15 (C) In the case of a decedent whose spouse 

16 is not living as of the date of the enactment of 

17 this Act and who had one or more living chil18 dren as of such date, the payment shall be made 

19 to such children, to be divided among such chil20 dren to the greatest extent possible into equal 

21 shares. 

22 (D) In the case of a decedent whose spouse 

23 is not living as of the date of the enactment of 

24 this Act and who had no living children as of 

25 such date, but who— 


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1 (i) had a parent who is living as of 

2 such date, the payment shall be made to the 

3 parent; or 

4 (ii) had two parents who are living as 

5 of such date, the payment shall be divided 

6 equally between the parents. 

7 (E) In the case of a decedent whose spouse 

8 is not living as of the date of the enactment of 

9 this Act, who had no living children as of such 

10 date, and who had no parents who are living as 

11 of such date, no payment shall be made. 

12 (3) DEFINITIONS.—For purposes of this Act: 

13 (A) COMPENSABLE GUAM DECEDENT.—The 

14 term ‘‘compensable Guam decedent’’ means an 

15 individual determined under subsection (d) to 

16 have been a resident of Guam who died as a re17 sult of the attack and occupation of Guam by 

18 Imperial Japanese military forces during World 

19 War II, or incident to the liberation of Guam by 

20 United States military forces, and whose death 

21 would have been compensable under the Guam 

22 Meritorious Claims Act of 1945 (Public Law 79– 

23 224) if a timely claim had been filed under the 

24 terms of such Act. 


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1 (B) COMPENSABLE GUAM VICTIM.—The 

2 term ‘‘compensable Guam victim’’ means an in3 dividual who is not deceased as of the date of the 

4 enactment of this Act and who is determined 

5 under subsection (d) to have suffered, as a result 

6 of the attack and occupation of Guam by Impe7 rial Japanese military forces during World War 

8 II, or incident to the liberation of Guam by 

9 United States military forces, any of the fol10 lowing: 

11 (i) Rape or severe personal injury 

12 (such as loss of a limb, dismemberment, or 

13 paralysis). 

14 (ii) Forced labor or a personal injury 

15 not under subparagraph (A) (such as dis16 figurement, scarring, or burns). 

17 (iii) Forced march, internment, or hid18 ing to evade internment. 

19 (C) DEFINITIONS OF SEVERE PERSONAL IN20 JURIES AND PERSONAL INJURIES.—Not later 

21 than 180 days after the date of the enactment of 

22 this Act, the Foreign Claims Settlement Commis23 sion shall promulgate regulations to specify the 

24 injuries that constitute a severe personal injury 

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1 graphs (A) and (B), respectively, of paragraph 

2 (2). 

3 (d) ADJUDICATION.— 

4 (1) AUTHORITY OF FOREIGN CLAIMS SETTLE5 MENT COMMISSION.— 

6 (A) IN GENERAL.—The Foreign Claims Set7 tlement Commission shall adjudicate claims and 

8 determine the eligibility of individuals for pay9 ments under subsection (c). 

10 (B) RULES AND REGULATIONS.—Not later 

11 than 180 days after the date of the enactment of 

12 this Act, the Chairman of the Foreign Claims 

13 Settlement Commission shall publish in the Fed14 eral Register such rules and regulations as may 

15 be necessary to enable the Commission to carry 

16 out the functions of the Commission under this 

17 Act. 

18 (2) CLAIMS SUBMITTED FOR PAYMENTS.— 

19 (A) SUBMITTAL OF CLAIM.—For purposes of 

20 paragraph (1)(A) and subject to subparagraph 

21 (B), the Foreign Claims Settlement Commission 

22 may not determine an individual is eligible for 

23 a payment under subsection (c) unless the indi24 vidual submits to the Commission a claim in 


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1 such manner and form and containing such in2 formation as the Commission specifies. 

3 (B) FILING PERIOD FOR CLAIMS AND NO4 TICE.— 

5 (i) FILING PERIOD.—An individual fil6 ing a claim for a payment under subsection 

7 (c) shall file such claim not later than one 

8 year after the date on which the Foreign 

9 Claims Settlement Commission publishes 

10 the notice described in clause (ii). 

11 (ii) NOTICE OF FILING PERIOD.—Not 

12 later than 180 days after the date of the en13 actment of this Act, the Foreign Claims Set14 tlement Commission shall publish a notice 

15 of the deadline for filing a claim described 

16 in clause (i)— 

17 (I) in the Federal Register; and 

18 (II) in newspaper, radio, and tel19 evision media in Guam. 

20 (C) ADJUDICATORY DECISIONS.—The deci21 sion of the Foreign Claims Settlement Commis22 sion on each claim filed under this Act shall— 

23 (i) be by majority vote; 

24 (ii) be in writing; 


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1 (iii) state the reasons for the approval 

2 or denial of the claim; and 

3 (iv) if approved, state the amount of 

4 the payment awarded and the distribution, 

5 if any, to be made of the payment. 

6 (D) DEDUCTIONS IN PAYMENT.—The For7 eign Claims Settlement Commission shall deduct, 

8 from a payment made to a compensable Guam 

9 victim or survivors of a compensable Guam dece10 dent under this subsection, amounts paid to such 

11 victim or survivors under the Guam Meritorious 

12 Claims Act of 1945 (Public Law 79–224) before 

13 the date of the enactment of this Act. 

14 (E) INTEREST.—No interest shall be paid 

15 on payments made by the Foreign Claims Settle16 ment Commission under subsection (c). 

17 (F) LIMITED COMPENSATION FOR PROVI18 SION OF REPRESENTATIONAL SERVICES.— 

19 (i) LIMIT ON COMPENSATION.—Any 

20 agreement under which an individual who 

21 provided representational services to an in22 dividual who filed a claim for a payment 

23 under this Act that provides for compensa24 tion to the individual who provided such 

25 services in an amount that is more than one 


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1 percent of the total amount of such payment 

2 shall be unlawful and void. 

3 (ii) PENALTIES.—Whoever demands or 

4 receives any compensation in excess of the 

5 amount allowed under subparagraph (A) 

6 shall be fined not more than $5,000 or im7 prisoned not more than one year, or both. 

8 (G) APPEALS AND FINALITY.—Objections 

9 and appeals of decisions of the Foreign Claims 

10 Settlement Commission shall be to the Commis11 sion, and upon rehearing, the decision in each 

12 claim shall be final, and not subject to further 

13 review by any court or agency. 

14 (H) CERTIFICATIONS FOR PAYMENT.—After 

15 a decision approving a claim becomes final, the 

16 Chairman of the Foreign Claims Settlement 

17 Commission shall certify such decision to the 

18 Secretary of the Treasury for authorization of a 

19 payment under subsection (c). 

20 (I) TREATMENT OF AFFIDAVITS.—For pur21 poses of subsection (c) and subject to subpara22 graph (B), the Foreign Claims Settlement Com23 mission shall treat a claim that is accompanied 

24 by an affidavit of an individual that attests to 

25 all of the material facts required for establishing 


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1 the eligibility of such individual for payment 

2 under such subsection as establishing a prima 

3 facie case of the eligibility of the individual for 

4 such payment without the need for further docu5 mentation, except as the Commission may other6 wise require. Such material facts shall include, 

7 with respect to a claim for a payment made 

8 under subsection (c)(1), a detailed description of 

9 the injury or other circumstance supporting the 

10 claim involved, including the level of payment 

11 sought. 

12 (J) RELEASE OF RELATED CLAIMS.—Ac13 ceptance of a payment under subsection (c) by 

14 an individual for a claim related to a compen15 sable Guam decedent or a compensable Guam 

16 victim shall be in full satisfaction of all claims 

17 related to such decedent or victim, respectively, 

18 arising under the Guam Meritorious Claims Act 

19 of 1945 (Public Law 79–224), the implementing 

20 regulations issued by the United States Navy 

21 pursuant to such Act (Public Law 79–224), or 

22 this Act. 

23 SEC. 8. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. 

24 Section 214(a)(7) of the Housing and Community De25 velopment Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended 


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1 by striking ‘‘such alien’’ and all that follows through the 

2 period at the end and inserting ‘‘citizen or national of the 

3 United States shall be entitled to a preference or priority 

4 in receiving assistance before any such alien who is other5 wise eligible for such assistance.’’. 

6 SEC. 9. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN 

7 AMERICAN SAMOA. 

8 (a) STUDY.—The Comptroller General of the United 

9 States shall conduct a study regarding the use of benefit10 to-cost ratio formulas by Federal departments and agencies 

11 for purposes of evaluating projects in American Samoa. 

12 (b) CONTENTS.—In conducting the study, the Comp13 troller General shall— 

14 (1) assess whether the benefit-to-cost ratio for15 mulas described in subsection (a) take into consider16 ation— 

17 (A) the remote locations in, and the cost of 

18 transportation to and from, American Samoa; 

19 and 

20 (B) other significant factors that are not 

21 comparable to locations within the 48 contiguous 

22 States; and 

23 (2) assess, in particular, the use of benefit-to-cost 

24 ratio formulas by— 


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1 (A) the Secretary of Transportation with 

2 respect to airport traffic control tower programs; 

3 and 

4 (B) the Secretary of the Army, acting 

5 through the Corps of Engineers, with respect to 

6 a harbor project or other water resources develop7 ment project. 

8 (3) REPORT TO CONGRESS.—Not later than 1 

9 year after the date of enactment of this Act, the 

10 Comptroller General shall submit to Congress a report 

11 on the results of the study. 

12 SEC. 10. WAIVER OF LOCAL MATCHING REQUIREMENTS. 

13 (a) WAIVER OF CERTAIN MATCHING REQUIRE14 MENTS.—Section 501 of the Act entitled ‘‘An Act to author15 ize certain appropriations for the territories of the United 

16 States, to amend certain Acts relating thereto, and for other 

17 purposes’’, approved October 15, 1977 (48 U.S.C. 1469a; 

18 91 Stat. 1164) is amended— 

19 (1) in the last sentence of subsection (d), by 

20 striking ‘‘by law’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(e) Notwithstanding any other provision of law, in 

24 the case of American Samoa, Guam, the Virgin Islands, and 

25 the Northern Mariana Islands, each department or agency 


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1 of the United States shall waive any requirement for local 

2 matching funds (including in-kind contributions) that the 

3 insular area would otherwise be required to provide for any 

4 non-competitive grant as follows: 

5 ‘‘(1) For a grant requiring matching funds (in6 cluding in-kind contributions) of $500,000 or less, the 

7 entire matching requirement shall be waived. 

8 ‘‘(2) For a grant requiring matching funds (in9 cluding in-kind contributions) of more than $500,000, 

10 $500,000 of the matching requirement shall be 

11 waived.’’. 

12 (b) CONFORMING AMENDMENT.—Section 601 of the 

13 Act entitled ‘‘An Act to authorize appropriations for certain 

14 insular areas of the United States, and for other purposes’’, 

15 approved March 12, 1980 (48 U.S.C. 1469a note; 94 Stat. 

16 90), is amended by striking ‘‘, and adding the following 

17 sentence’’ and all that follows through ‘‘Islands’.’’. 

18 SEC. 11. FISHERY ENDORSEMENTS. 

19 Section 12113 of title 46, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(j) CERTAIN EXEMPTION.—Paragraph (3) of sub22 section (a) shall not apply to any vessel— 

23 ‘‘(1) that offloads its catch in part or full in 

24 American Samoa; and 


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1 ‘‘(2) that was rebuilt outside of the United States 

2 before January 1, 2011.’’. 

3 SEC. 12. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN 

4 AMERICAN SAMOA. 

5 Section 8104 of the Fair Minimum Wage Act of 2007 

6 (29 U.S.C. 206 note) is amended by adding at the end the 

7 following: 

8 ‘‘(c) EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN

9 AMERICAN SAMOA.—The reports required under this section 

10 shall include an analysis of the economic effects on employ11 ees and employers of the differentials in minimum wage 

12 rates among industries and classifications in American 

13 Samoa under section 697 of title 29, Code of Federal Regu14 lations, including the potential effects of eliminating such 

15 differentials prior to the time when such rates are scheduled 

16 to be equal to the minimum wage set forth in section 6(a)(1) 

17 of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).’’. 

18 SEC. 13. OFFICE OF NATIONAL DRUG CONTROL POLICY. 

19 (a) CARIBBEAN BORDER COUNTERNARCOTICS STRAT20 EGY.—The Office of National Drug Control Policy shall de21 velop a biennial Caribbean Border Counternarcotics Strat22 egy, that is made available to the public, with emphasis 

23 on the borders of Puerto Rico and the Virgin Islands of the 

24 United States, on terms substantially equivalent to the exVerDate Mar 15 2010 00:16 Apr 09, 2014 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\S1237.RS S1237

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1 isting Southwest Border Counternarcotics Strategy and the 

2 Northern Border Counternarcotics Strategy. 

3 (b) AMENDMENT.—Section 704(b)(13)(B) of the Office 

4 of National Drug Control Policy Reauthorization Act of 

5 1998 (21 U.S.C. 1703(b)(13)(B)) is amended by inserting 

6 ‘‘the borders of Puerto Rico and the Virgin Islands of the 

7 United States and’’ after ‘‘in particular’’. 

8 SEC. 14. DRIVERS’ LICENSES AND PERSONAL IDENTIFICA9 TION CARDS. 

10 (a) DEFINITION OF STATE.—Section 201(5) of the 

11 REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 

12 109–13) is amended by striking ‘‘the Trust Territory of the 

13 Pacific Islands,’’. 

14 (b) EVIDENCE OF LAWFUL STATUS.—Section 

15 202(c)(2)(B) of the REAL ID Act of 2005 (49 U.S.C. 30301 

16 note; Public Law 109–13) is amended— 

17 (1) in clause (viii), by striking ‘‘or’’ after the 

18 semicolon at the end; 

19 (2) in clause (ix), by striking the period at the 

20 end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(x) is a citizen of the Republic of the 

23 Marshall Islands, the Federated States of 

24 Micronesia, or the Republic of Palau who 

25 has been admitted to the United States as 


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1 a nonimmigrant pursuant to a Compact of 

2 Free Association between the United States 

3 and the Republic or Federated States.’’. 


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Calendar No. 352 

113TH CONGRESS 

2D SESSION S. 1237 

[Report No. 113–146] 

A BILL 

To improve the administration of programs in the 

insular areas, and for other purposes. 

APRIL 8, 2014 

Reported with an amendment 


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