Calendar No. 592

104TH CONGRESS

2D SESSION S. 1804

A BILL

To make technical and other changes to the laws

States of the United States.dealing with the territories and freely associated

SEPTEMBER 13, 1996

Reported with an amendment
II

Calendar No. 592

104TH CONGRESS

2D SESSION S. 1804

To make technical and other changes to the laws dealing with the territories

and freely associated States of the United States.

IN THE SENATE OF THE UNITED STATES

MAY 23, 1996

Mr. MURKOWSKI (for himself, Mr. JOHNSTON, and Mr. AKAKA) introduced

the following bill; which was read twice and referred to the Committee

on Energy and Natural Resources

SEPTEMBER 13, 1996

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

To make technical and other changes to the laws dealing

with the territories and freely associated States of the

United States.

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

3 SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND

4 FOOD PROGRAMS.

5 Paragraph (2) of subsection (h) of section 103 of

6 Public Law 99–239, as amended, is further amended by
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1 striking the work ‘‘ten’’ and inserting in lieu thereof the

2 word ‘‘fifteen’’ and by adding at the end of subparagraph

3 (B) ‘‘Such technical assistance, programs and services

4 shall ensure, on an ongoing basis, that the commodities

5 provided reflect the changes in the population that have

6 occurred since the effective date of the Compact.’’.

7 SEC. 2. AMERICAN MEMORIAL PARK.

8 Section 5 of Public Law 95–348 is amended by strik9 ing subsection (f), and renumbering subsections (g) and

10 (h) as subsections (f) and (g), respectively.

11 SEC. 3. TERRITORIAL LAND GRANT COLLEGES—TECH12 NICAL AMENDMENT.

13 Subsection (b) of section 1361 of Public Law 96–374

14 is amended by striking the words ‘‘August 30, 1980 (7

15 U.S.C. 327), commonly referred to as the Second’’ and

16 inserting in lieu thereof the words ‘‘July 2, 1862 (7 U.S.C.

17 305), commonly referred to as the First’’.

18 SEC. 4. AMENDMENT TO THE GUAM ORGANIC ACT.

19 The Organic Act of Guam (48 U.S.C. 1421 et seq.),

20 as amended, is further amended by adding at the end

21 thereof the following new section:

22 ‘‘SEC. 36. (a) At least 180 days before transferring

23 to any Federal agency excess real property located in

24 Guam, the Administrator of General Services shall notify
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1 the government of Guam that the property is available

2 under this section.

3 ‘‘(b) The Administrator shall transfer to the govern4 ment of Guam all right, title, and interest of the United

5 States in and to excess real property located in Guam,

6 by quit claim deed and without reimbursement, if the gov7 ernment of Guam, within 180 days after receiving notifica8 tion under subsection (a) regarding the property, notifies

9 the Administrator that the government of Guam intends

10 to acquire the property under this section.

11 ‘‘(c) For purposes of this section, the term ‘excess

12 real property’ means excess property (as that term is de13 fined in section 3 of the Federal Property and Administra14 tive Services Act of 1949, as in effect on the date of enact15 ment of the Guam Land Return Act) that is real prop16 erty.’’.

17 SEC. 5. REPEAL OF LIMITATION ON USE OF LANDS BY THE

18 GOVERNMENT OF GUAM.

19 (a) IN GENERAL.—Section 818(b)(2) of Public Law

20 96–418 (94 Stat. 1782), is repealed.

21 (b) EXECUTION OF INSTRUMENTS.—The Secretary

22 of the Navy and the Administrator General Services shall

23 execute all instruments necessary to implement this sec24 tion.
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1 SEC. 6. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

2 Section 901(a), Part 1, title I of the Act of June 19,

3 1968 (42 U.S.C. 3791(a)), as amended, is further amend4 ed in paragraph (2) by changing the proviso to read as

5 follows: ‘‘(2) ‘‘State’’ means any State of the United

6 States, the District of Columbia, The Commonwealth of

7 Puerto Rico, the Virgin Islands, American Samoa, Guam,

8 and the Commonwealth of the Northern Mariana Is9 lands.’’

10 SEC. 7. AMENDMENTS TO THE REVISED ORGANIC ACT OF

11 THE VIRGIN ISLANDS.

12 (a) Section 7(a) of Public Law 90–496 (82 Stat.

13 839), as amended, is further amended by adding at the

14 end thereof ‘‘As used in this section, the term ‘temporary

15 absence’ shall not be construed as being physically absent

16 from the territory while on official Government busi17 ness.’ ’’

18 (b) Section 3 of Public Law 94–392 (90 Stat. 1195),

19 as amended, is further amended to read as follows—

20 (1) by inserting ‘‘hereinafter’’ between ‘‘obliga21 tions’’ and ‘‘issued’’;

22 (2) by deleting ‘‘priority for payment’’ and in23 serting in lieu thereof ‘‘a parity lien with every other

24 issue of bonds or other obligations hereinafter issued

25 for payment’’; and
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1 (3) by deleting ‘‘in the order of the date of

2 issue’’.

3 (c) The provisions of section 149(d)(3)(A)(i)(I) and

4 149(d)(2) of the Internal Revenue Code of 1986, as

5 amended, shall not apply to bonds issued—

6 (1) by an authority created by statute of the

7 Virgin Islands legislature, the proceeds of which will

8 be used to advance refund certain bonds issued by

9 such authority on July 8, 1992; or

10 (2) by an authority created by statute of the

11 Virgin Islands legislature, the proceeds of which will

12 be used to advance refund certain bonds issued by

13 such authority on November 3, 1994.

14 (d) The amendments made by subsections (b) and (c)

15 shall apply to obligations issued on or after the date of

16 enactment of this section.

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

18 VIRGIN ISLANDS.

19 (a) ESTABLISHMENT AND MEMBERSHIP.—

20 (1) There is hereby established a Commission

21 on the Economic Future of the Virgin Islands (the

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

23 members appointed by the President, two of whom

24 shall be selected from nominations made by the Gov25 ernor of the Virgin Islands. The President shall des-
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1 ignate one of the members of the Commission to be

2 Chairman.

3 (2) In addition to the six members appointed

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

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

6 (3) Members of the Commission appointed by

7 the President shall be persons who by virtue of their

8 background and experience are particularly suited to

9 contribute to achievement of the purposes of the

10 Commission.

11 (4) Members of the Commission shall serve

12 without compensation, but shall be reimbursed for

13 travel, subsistence and other necessary expenses in14 curred by them in the performance of their duties.

15 (5) Any vacancy in the Commission shall be

16 filled in the same manner as the original appoint17 ment was made.

18 (b) PURPOSE AND REPORT.—

19 (1) The purpose of the Commission is to make

20 recommendations to the President and Congress on

21 the policies and programs necessary to provide for a

22 secure and self-sustaining future for the local econ23 omy of the Virgin Islands through 2020 and on the

24 role of the Federal Government in providing for that
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1 future. In developing recommendations, the Commis2 sion shall—

3 (A) solicit information and advice from

4 persons and entities that the Commission deter5 mines have expertise to assist the Commission

6 in its work;

7 (B) examine and analyze historical data

8 since 1970 on expenditures for infrastructure

9 and services;

10 (C) analyze the sources of funds for such

11 expenditures;

12 (D) assemble relevant demographic and

13 economic data, including trends and projects for

14 the future; and

15 (E) estimate future needs of the Virgin Is16 lands, including needs for capital improvements,

17 educational needs and social, health and envi18 ronmental requirements.

19 (2) The recommendations of the Commission

20 shall be transmitted to the President, the Committee

21 on Energy and Natural Resources of the United

22 States Senate and the Committee on Resources of

23 the United States House of Representatives no later

24 than December 1, 1997. The recommendations shall

25 be accompanied by a report that sets forth the basis
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1 for the recommendations and includes an analysis of

2 the capability of the Virgin Islands to meet projected

3 needs based on reasonable alternative economic, po4 litical and social conditions in the Caribbean, includ5 ing the opening in the near future of Cuba to trade,

6 tourism and development.

7 (c) POWERS.—

8 (1) The Commission may—

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

10 times and places, take such testimony and re11 ceive such evidence as it may deem advisable;

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

13 manner and upon the same conditions as other

14 departments and agencies of the United States;

15 (C) enter into contracts or agreements for

16 studies and surveys with public and private or17 ganizations and transfer funds to Federal agen18 cies to carry out such aspects of the Commis19 sion’s functions as the Commission determines

20 can best be carried out in such manner; and

21 (D) incur such necessary expenses and ex22 ercise such other powers as are consistent with

23 and reasonably required to perform its func24 tions.
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1 (2) The Secretary of the Interior shall provide

2 such office space, furnishings and equipment as may

3 be required to enable the Commission to perform its

4 functions. The Secretary shall also furnish the Com5 mission with such staff, including clerical support,

6 as the Commission may require and shall provide to

7 the Commission financial and administrative serv8 ices, including those relating to budgeting, account9 ing, financial reporting, personnel and procurement.

10 (3) The President, upon request of the Commis11 sion, may direct the head of any Federal agency or

12 department to assist the Commission and if so di13 rected such head shall—

14 (A) furnish the Commission to the extent

15 permitted by law and within available appro16 priations such information as may be necessary

17 for carrying out the functions of the Commis18 sion and as may be available to or procurable

19 by such department or agency; and

20 (B) detail to temporary duty with the

21 Commission on a reimbursable basis such per22 sonnel within his administrative jurisdiction as

23 the Commission may need or believe to be use24 ful for carrying out its functions, each such de-
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1 tail to be without loss of seniority, pay or other

2 employee status.

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

4 Commission may adopt, the Chairman of the Commission

5 shall be the chief executive officer of the Commission and

6 shall exercise its executive and administrative powers. The

7 Chairman may make such provisions as he may deem ap8 propriate authorizing the performance of his executive and

9 administrative functions by the staff of the Commission.

10 (e) APPROPRIATIONS.—There are authorized to be

11 appropriated such sums as may be necessary to carry out

12 the purposes of this section.

13 (f) TERMINATION.—The Commission shall terminate

14 three months after the transmission of the report and rec15 ommendations under subsection (b)(2).

16 SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD

17 PROGRAMS.

18 Section 103(h)(2) of the Compact of Free Association

19 Act of 1985 (48 U.S.C. 1903(h)(2) is amended by striking

20 ‘‘ten’’ and inserting ‘‘fifteen’’ and by adding at the end of

21 subparagraph (B) the following: ‘‘The President shall en22 sure that the amount of commodities provided under these

23 programs reflects the changes in the population that have

24 occurred since the effective date of the Compact.’’.
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1 SEC. 2. AMERICAN MEMORIAL PARK.

2 Section 5 of Public Law 95–348 is amended by strik3 ing subsection (f).

4 SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

5 (a) LAND GRANT STATUS.—Section 506(a) of the Edu6 cation Amendments of 1972 (Public Law 92–318, as

7 amended; 7 U.S.C. 301 note) is amended by striking ‘‘the

8 College of Micronesia,’’ and inserting ‘‘the College of the

9 Marshall Islands, the College of Micronesia-FSM, the Palau

10 Community College,’’.

11 (b) ENDOWMENT.—The amount of the land grant trust

12 fund attributable to the $3,000,000 appropriation for Mi13 cronesia authorized by the Education Amendments of 1972

14 (Public Law 92–318, as amended; 7 U.S.C. 301 note) shall,

15 upon enactment of this Act, be divided equally among the

16 Republic of the Marshall Islands, the Federated States of

17 Micronesia, and the Republic of Palau for the benefit of the

18 College of the Marshall Islands, the College of Micronesia19 FSM, and the Palau Community College.

20 (c) TREATMENT.—Section 1361(c) of the Education

21 Amendments of 1980 (Public Law 96–374, as amended; 7

22 U.S.C. 301 note) is amended by striking ‘‘and the Trust

23 Territory of the Pacific Islands (other than the Northern

24 Mariana Islands)’’ and inserting ‘‘the Republic of the Mar25 shall Islands, the Federated States of Micronesia, and the

26 Republic of Palau’’.
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1 SEC. 4. AMENDMENT TO THE GUAM ORGANIC ACT.

2 Section 28 of the Organic Act of Guam (48 U.S.C.

3 1421f) is amended by adding at the end the following new

4 subsection:

5 ‘‘(d) TRANSFER OF EXCESS LAND.—(1) At least 180

6 days before transferring to any Federal agency excess real

7 property located in Guam, the Administrator of General

8 Services shall notify the government of Guam that the prop9 erty is available under this section.

10 ‘‘(2) The Administrator shall transfer to the govern11 ment of Guam all right, title, and interest of the United

12 States in and to excess real property located in Guam, by

13 quitclaim deed and without reimbursement, if the govern14 ment of Guam, within 180 days after receiving notification

15 under paragraph (1) regarding the property, notifies the

16 Administrator that the government of Guam intends to ac17 quire the property under this section.

18 ‘‘(3) For purposes of this subsection, the term ‘excess

19 real property’ means excess property (as that term is de20 fined in section 3 of the Federal Property and Administra21 tive Services Act of 1949 that is real property.’’.

22 SEC. 5. REPEAL OF LIMITATION ON USE OF LANDS BY THE

23 GOVERNMENT OF GUAM.

24 (a) IN GENERAL.—Section 818(b)(2) of the Military

25 Construction Act, 1981 (Public Law 96–418; 94 Stat.

26 1782), is repealed.
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1 (b) EXECUTION OF INSTRUMENTS.—The Secretary of

2 the Navy and the Administrator General Services shall exe3 cute all instruments necessary to implement this section.

4 SEC. 6. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

5 Section 901(a)(2) of the Omnibus Crime Control and

6 Safe Streets Act of 1968 (42 U.S.C. 3791(a)(2)) is amended

7 to read as follows:

8 ‘‘(2) ‘State’ means any State of the United

9 States, the District of Columbia, the Commonwealth

10 of Puerto Rico, the Virgin Islands, American Samoa,

11 Guam, and the Commonwealth of the Northern Mari12 ana Islands;’’.

13 SEC. 7. AMENDMENTS TO THE REVISED ORGANIC ACT OF

14 THE VIRGIN ISLANDS.

15 (a) TEMPORARY ABSENCE OF OFFICIALS.—Section 14

16 of the Revised Organic Act of the Virgin Islands (48 U.S.C.

17 1595) is amended by adding at the end the following new

18 subsection:

19 ‘‘(g) An absence from the Virgin Islands of the Gov20 ernor or the Lieutenant Governor, while on official business,

21 shall not be a ‘temporary absence’ for purposes of this sec22 tion.’’.

23 (b) PRIORITY OF BONDS.—Section 3 of Public Law

24 94–392 (48 U.S.C. 1574c) is amended—
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1 (1) by striking ‘‘priority for payment’’ and in2 serting ‘‘a parity lien with every other issue of bonds

3 or other obligations issued for payment’’; and

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

5 issue’’.

6 (c) APPLICATION.—The amendments made by sub7 section (b) shall apply to obligations issued on or after the

8 date of enactment of this section.

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

10 VIRGIN ISLANDS.

11 (A) ESTABLISHMENT AND MEMBERSHIP.—

12 (1) There is hereby established a Commission on

13 the Economic Future of the Virgin Islands (the ‘‘Com14 mission’’). The Commission shall consist of six mem15 bers appointed by the President, two of whom shall be

16 selected from nominations made by the Governor of

17 the Virgin Islands. The President shall designate one

18 of the members of the Commission to be Chairman.

19 (2) In addition to the six members appointed

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

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

22 (3) Members of the Commission appointed by the

23 President shall be persons who by virtue of their back24 ground and experience are particularly suited to con-
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1 tribute to achievement of the purposes of the Commis2 sion.

3 (4) Members of the Commission shall serve with4 out compensation, but shall be reimbursed for travel,

5 subsistence, and other necessary expenses incurred by

6 them in the performance of their duties.

7 (5) Any vacancy in the Commission shall be

8 filled in the same manner as the original appoint9 ment was made.

10 (b) PURPOSE AND REPORT.—

11 (1) The purpose of the Commission is to make

12 recommendations to the President and Congress on

13 the policies and programs necessary to provide for a

14 secure and self-sustaining future for the local economy

15 of the Virgin Islands through 2020 and on the role of

16 the Federal Government in providing for that future.

17 In developing recommendations, the Commission

18 shall—

19 (A) solicit information and advice from

20 persons and entities that the Commission deter21 mines have expertise to assist the Commission in

22 its work;

23 (B) examine and analyze historical data

24 since 1970 on expenditures for infrastructure

25 and services;
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1 (C) analyze the sources of funds for such ex2 penditures;

3 (D) assemble relevant demographic and eco4 nomic data, including trends and projects for the

5 future; and

6 (E) estimate future needs of the Virgin Is7 lands, including needs for capital improvements,

8 educational needs and social, health and envi9 ronmental requirements.

10 (2) The recommendations of the Commission

11 shall be transmitted to the President, the Committee

12 on Energy and Natural Resources of the United

13 States Senate and the Committee on Resources of the

14 United States House of Representatives no later than

15 December 1, 1997. The recommendations shall be ac16 companied by a report that sets forth the basis for

17 the recommendations and includes an analysis of the

18 capability of the Virgin Islands to meet projected

19 needs based on reasonable alternative economic, polit20 ical and social conditions in the Caribbean, including

21 the opening in the near future of Cuba to trade, tour22 ism and development.

23 (c) POWERS.—

24 (1) The Commission may—
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1 (A) hold such hearings, sit and act at such

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

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

5 manner and upon the same conditions as other

6 departments and agencies of the United States;

7 (C) enter into contracts or agreements for

8 studies and surveys with public and private or9 ganizations and transfer funds to Federal agen10 cies to carry out such aspects of the Commis11 sion’s functions as the Commission determines

12 can best be carried out in such manner; and

13 (D) incur such necessary expenses and exer14 cise such other powers as are consistent with and

15 reasonably required to perform its functions.

16 (2) The Secretary of the Interior shall provide

17 such office space, furnishings and equipment as may

18 be required to enable the Commission to perform its

19 functions. The Secretary shall also furnish the Com20 mission with such staff, including clerical support, as

21 the Commission may require and shall provide to the

22 Commission financial and administrative services,

23 including those relating to budgeting, accounting, fi24 nancial reporting, personnel and procurement.
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1 (3) The President, upon request of the Commis2 sion, may direct the head of any Federal agency or

3 department to assist the Commission and if so di4 rected such head shall—

5 (A) furnish the Commission to the extent

6 permitted by law and within available appro7 priations such information as may be necessary

8 for carrying out the functions of the Commission

9 and as may be available to or procurable by such

10 department or agency; and

11 (B) detail to temporary duty with the Com12 mission on a reimbursable basis such personnel

13 within his administrative jurisdiction as the

14 Commission may need or believe to be useful for

15 carrying out its functions, each such detail to be

16 without loss of seniority, pay or other employee

17 status.

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

19 Commission may adopt, the Chairman of the Commission

20 shall be the chief executive officer of the Commission and

21 shall exercise its executive and administrative powers. The

22 Chairman may make such provisions as he may deem ap23 propriate authorizing the performance of his executive and

24 administrative functions by the staff of the Commission.
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1 (e) APPROPRIATIONS.—There are authorized to be ap2 propriated such sums as may be necessary to carry out the

3 purposes of this section.

4 (f) TERMINATION.—The Commission shall terminate

5 three months after the transmission of the report and rec6 ommendations under subsection (b)(2).

7 SEC. 9. HOSPITAL TO SERVE THE REPUBLIC OF THE MAR8 SHALL ISLANDS.

9 The Secretary of the Interior shall, within 180 days

10 after the date of the enactment of this section, submit a re11 port to Congress on alternatives to provide adequate hos12 pital services to the population of the Republic of the Mar13 shall Islands. The report shall include a design, specifica14 tions, and cost estimates for a facility to be located on

15 Majuro Atoll to provide such services. The Secretary may

16 spend up to $200,000 from technical assistance funds avail17 able during the Fiscal Year ending September 30, 1997 to

18 implement this section.

19 SEC. 10. PUBLIC HEALTH SERVICE PHYSICIANS.

20 The Secretary of Health and Human Services shall

21 provide, on a nonreimbursable basis, technical and training

22 assistance to the Government of the Marshall Islands to

23 carry out direct radiation related medical surveillance and

24 treatment programs under section 177(b) of the Compact

25 of Free Association. Such programs may include the serv-
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1 ices of physicians, surgeons, dentists, nurses, and other

2 health care practitioners.

3 SEC. 11. ELIGIBILITY FOR HOUSING ASSISTANCE.

4 Section 214(a) of the Housing Community Develop5 ment Act of 1980 (42 U.S.C. 1436a(a)) is amended—

6 (1) by striking ‘‘or’’ at the end of paragraph (5);

7 (2) by striking the period at the end of para8 graph (6) and inserting ‘‘; or’’; and

9 (3) by adding at the end the following new para10 graph:

11 ‘‘(7) an alien who is lawfully resident in the

12 United States and its territories and possessions

13 under section 141 of the compacts of free association

14 between the Government of the United States and the

15 Government of the Marshall Islands, Federated States

16 of Micronesia (48 U.S.C. 1901 note) and Palau (48

17 U.S.C. 1931 note)—

18 ‘‘(A) while the applicable section is in effect;

19 and

20 ‘‘(B) to the extent that the alien was eligible

21 to receive financial assistance in 1994.’’.

22 SEC. 12. RADIOLOGICAL HEALTH CARE PROGRAM.

23 (a) ELIGIBILITY LIMITATION.—The President is au24 thorized to negotiate an amendment to the Agreement Be25 tween the Government of the United States and the Govern-
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1 ment of the Marshall Islands for the Implementation of Sec2 tion 177 of the Compact of Free Association to limit eligi3 bility for radiological monitoring, medical surveillance, and

4 treatment under section 177(b) of the Compact of Free Asso5 ciation to persons that were directly affected by the nuclear

6 testing program conducted by the United States Govern7 ment in the Marshall Islands between June 30, 1946, and

8 August 18, 1958.

9 (b) INFLATION ADJUSTMENT.—If the Government of

10 the Marshall Islands agrees to the amendment under sub11 section (a), the Secretary of Energy shall adjust the amount

12 of the annual grant provided to the Government of the Mar13 shall Island for health and medical programs under section

14 103(h)(1) of the Compact of Free Association by the percent

15 which equals two-thirds of the percentage change in the

16 United States Gross National Product Implicit Price

17 Deflator, or 7 percent, whichever is less in any one year,

18 using the beginning of fiscal year 1981 as the base—

19 (1) notwithstanding the second sentence in sec20 tion 103(h)(1) of the Compact of Free Association Act

21 of 1985 (48 U.S.C. 1903(h)(2)); and

22 (2) subject to appropriation.