II

105TH CONGRESS

1ST SESSION S. 210

To amend the Organic Act of Guam, the Revised Organic Act of the Virgin

Islands, and the Compact of Free Association Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1997

Mr. MURKOWSKI (for himself and Mr. AKAKA) introduced the following bill;

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

A BILL

To amend the Organic Act of Guam, the Revised Organic

Act of the Virgin Islands, and the Compact of Free

Association Act, 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. MARSHALL ISLANDS AGRICULTURAL AND

4 FOOD PROGRAMS.

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

6 Act of 1985 (48 U.S.C. 1903(h)(2)) is amended by strik7 ing ‘‘ten’’ and inserting ‘‘fifteen’’ and by adding at the

8 end of subparagraph (B) the following: ‘‘The President

9 shall ensure that the amount of commodities provided
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1 under these programs reflects the changes in the popu2 lation that have occurred since the effective date of the

3 Compact.’’.

4 SEC. 2. AMERICAN MEMORIAL PARK.

5 Section 5 of Public Law 95–348 is amended by strik6 ing subsection (f).

7 SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

8 (a) LAND GRANT STATUS.—Section 506(a) of the

9 Education Amendments of 1972 (Public Law 92–318, as

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

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

12 Marshall Islands, the College of Micronesia-FSM, the

13 Palau Community College,’’.

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

15 trust fund attributable to the $3,000,000 appropriation

16 for Micronesia authorized by the Education Amendments

17 of 1972 (Public Law 92–318, as amended; 7 U.S.C. 301

18 note) shall, upon enactment of this Act, be divided equally

19 among the Republic of the Marshall Islands, the Fed20 erated States of Micronesia, and the Republic of Palau

21 for the benefit of the College of the Marshall Islands, the

22 College of Micronesia-FSM, and the Palau Community

23 College.

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

25 Amendments of 1980 (Public Law 96–374, as amended;
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1 7 U.S.C. 301 note) is amended by striking ‘‘and the Trust

2 Territory of the Pacific Islands (other than the Northern

3 Mariana Islands)’’ and inserting ‘‘the Republic of the

4 Marshall Islands, the Federated States of Micronesia, and

5 the Republic of Palau’’.

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

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

8 1421f) is amended by adding at the end the following new

9 subsection:

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

11 days before transferring to any Federal agency excess real

12 property located in Guam other than real property identi13 fied on map and dated as land

14 subject to transfer only by statute, the Administrator of

15 General Services Administration shall notify the Govern16 ment of Guam that the property is available under this

17 section.

18 ‘‘(2) The Administrator shall transfer to the Govern19 ment of Guam all right, title, and interest of the United

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

21 by quit claim deed and without reimbursement, if the Gov22 ernment of Guam, within 180 days after receiving notifica23 tion under paragraph (1) regarding the property, notifies

24 the Administrator that the Government of Guam intends

25 to acquire the property under this section.
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1 ‘‘(3) For purposes of this subsection, the term ‘excess

2 real property’ means excess property (as that term is de3 fined in section 3 of the Federal Property and Administra4 tive Services Act of 1949) that is real property.

5 ‘‘(4) With respect to any real property identified on

6 the map referenced in paragraph (1) of this subsection,

7 such property may not be transferred to another Federal

8 agency or out of Federal ownership except pursuant to an

9 Act of Congress specifically identifying such property.’’.

10 SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

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

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

13 amended to read as follows:

14 ‘‘(2) ‘‘State’’ means any State of the United States,

15 the District of Columbia, the Commonwealth of Puerto

16 Rico, the Virgin Islands, American Samoa, Guam, and the

17 Commonwealth of the Northern Mariana Islands;’’.

18 SEC. 6. AMENDMENTS TO THE REVISED ORGANIC ACT OF

19 THE VIRGIN ISLANDS.

20 (a) TEMPORARY ABSENCE OF OFFICIALS.—Section

21 14 of the Revised Organic Act of the Virgin Islands (48

22 U.S.C. 1595) is amended by adding at the end the follow23 ing new subsection:
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1 ‘‘(g) An absence from the Virgin Islands of the Gov2 ernor or the Lieutenant Governor, while on official busi3 ness, shall not be a ‘temporary absence’ for purposes of

4 this section.’’.

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

6 94–392 (48 U.S.C. 1574c) is amended—

7 (1) by striking ‘‘priority for payment’’ and in8 serting ‘‘a parity lien with every other issue of bonds

9 or other obligations issued for payment’’; and

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

11 issue’’.

12 (c) APPLICATION.—The amendment made by sub13 section (b) shall apply to obligations issued on or after

14 the date of enactment of this section.

15 SEC. 7. COMMISSION ON THE ECONOMIC FUTURE OF THE

16 VIRGIN ISLANDS.

17 (a) ESTABLISHMENT AND MEMBERSHIP.—

18 (1) There is hereby established a Commission

19 on the Economic Future of the Virgin Islands (the

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

21 members appointed by the President, two of whom

22 shall be selected from nominations made by the Gov23 ernor of the Virgin Islands. The President shall des24 ignate one of the members of the Commission to be

25 Chairman.
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1 (2) In addition to the six members appointed

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

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

4 (3) Members of the Commission appointed by

5 the President shall be persons who by virtue of their

6 background and experience are particularly suited to

7 contribute to achievement of the purposes of the

8 Commission.

9 (4) Members of the Commission shall serve

10 without compensation, but shall be reimbursed for

11 travel, subsistence and other necessary expenses in12 curred by them in the performance of their duties.

13 (5) Any vacancy in the Commission shall be

14 filled in the same manner as the original appoint15 ment was made.

16 (b) PURPOSE AND REPORT.—

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

18 recommendations to the President and Congress on

19 the policies and actions necessary to provide for a

20 secure and self-sustaining future for the local econ21 omy of the Virgin Islands through 2020 and on the

22 rule of the Federal Government. In developing rec23 ommendations, the Commission shall—

24 (A) solicit and analyze information on pro25 jected private sector development and shifting
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1 tourism trends based on alternative forecasts of

2 economic, political and social conditions in the

3 Caribbean;

4 (B) analyze capital infrastructure, edu5 cation, social, health, and environmental needs

6 in light of these alternate forecasts; and

7 (C) assemble relevant demographic, eco8 nomic, and revenue and expenditure data from

9 over the past 25 years.

10 (2) The recommendations of the Commission

11 shall be transmitted in a report to the President, the

12 Committee on Energy and Natural Resources of the

13 United States Senate and the Committee on Re14 source of the United States House of Representa15 tives no later than June 30, 1999. The report shall

16 set forth the basis for the recommendations and in17 clude an analysis of the capability of the Virgin Is18 lands to meet projected needs based on reasonable

19 alternative economic, political and social conditions

20 in the Caribbean, including the possible effect of ex21 pansion in the near future of Cuba in trade, tourism

22 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 de6 partments and agencies of the United States;

7 and

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

10 for studies and surveys with public and private

11 organizations and transfer funds to Federal

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

14 (2) Within funds available for the Commission,

15 the Secretary of the Interior shall provide such office

16 space, furnishings, equipment, staff, and fiscal and

17 administrative services as the Commission may re18 quire.

19 (3) The President, upon request of the Commis20 sion, may direct the head of any Federal agency or

21 department to assist the Commission and if so di22 rected such head shall—

23 (A) furnish the Commission to the extent

24 permitted by law and within available appro25 priations such information as may be necessary
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1 for carrying out the functions of the Commis2 sion and as may be available to or procurable

3 by such department or agency; and

4 (B) detail to temporary duty with the

5 Commission on a reimbursable basis such per6 sonnel within his administrative jurisdiction as

7 the Commission may need or believe to be use8 ful for carrying out its functions, each such de9 tail to be without loss of seniority, pay or other

10 employee status.

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

12 Commission may adopt, the Chairman of the Commission

13 shall be the chief executive officer of the Commission and

14 shall exercise its executive and administrative powers. The

15 Chairman may make such provisions as he may deem ap16 propriate authorizing the performance of his executive and

17 administrative functions by the staff of the Commission.

18 (e) FUNDING.—There is hereby authorized to be ap19 propriated to the Secretary of the Interior such sums as

20 may be necessary, but not to exceed an average of

21 $300,000 per year, in fiscal years 1997, 1998 and 1999

22 for the work of the Commission.

23 (f) TERMINATION.—The Commission shall terminate

24 3 months after the transmission of the report and rec25 ommendations under subsection (b)(2).
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1 SEC. 8. PUBLIC HEALTH SERVICE PHYSICIANS.

2 The Secretary of Health and Human Services shall

3 provide, on a non-reimbursable basis, assistance for direct

4 radiation related medical surveillance and treatment pro5 grams under section 177(b) of the Compact of Free Asso6 ciation. Such programs may include the services of physi7 cians, surgeons, dentists, nurses, and other health care

8 practitioners.

9 SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

10 (a) Section 214(a) of the Housing Community Devel11 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended—

12 (1) by striking ‘‘or’’ at the end of paragraph

13 (5);

14 (2) by striking the period at the end of para15 graph (6) and inserting ‘‘; or’’; and

16 (3) by adding at the end the following new

17 paragraph:

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

19 United States and its territories and possessions

20 under section 141 of the Compacts of Free Associa21 tion between the Government of the United States

22 and the Governments of the Marshall Islands, the

23 Federated States of Micronesia (48 U.S.C. 1901

24 note) and Palau (48 U.S.C. 1931 note) while the ap25 plicable section is in effect: Provided, That, within
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1 Guam and the Commonwealth of the Northern Mari2 ana Islands any such alien shall not be entitled to

3 a preference in receiving assistance under this Act

4 over any United States citizens or national resident

5 therein who is otherwise eligible for such assist6 ance.’’.

7 SEC. 10. CONSENT TO HAWAIIAN HOMES COMMISSION ACT

8 AMENDMENTS.

9 As required by section 4 of the Act entitled ‘‘An Act

10 to provide for the admission to the State of Hawaii into

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

12 United States consents to the following amendments to

13 the Hawaiian Homes Commission Act, 1920, adopted by

14 the State of Hawaii in the manner required for State legis15 lation:

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

17 1993, and

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

19 1994.

20 SEC. 11. AMERICAN SAMOA STUDY COMMISSION.

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

22 ‘‘The American Samoa Development Act of 1997’’.

23 (b) ESTABLISHMENT AND MEMBERSHIP.—

24 (1) There is hereby established a Commission

25 on the Economic Future of American Samoa (the
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1 ‘‘Commission’’). The Commission shall consist of six

2 members appointed by the President, three of whom

3 shall be selected from nominations made by the Gov4 ernor of American Samoa, and the Secretary of the

5 Interior ex officio. The President shall designate one

6 of the appointed members of the Commission to be

7 Chairman.

8 (2) Members of the Commission appointed by

9 the President shall be persons who by virtue of their

10 background and experience are particularly suited to

11 contribute to achievement of the purposes of the

12 Commission.

13 (3) Members of the Commission shall serve

14 without compensation, but shall be reimbursed for

15 travel, subsistence and other necessary expenses in16 curred by them in the performance of their duties.

17 (4) Any vacancy in the Commission shall be

18 filled in the same manner as the original appoint19 ment was made.

20 (c) PURPOSE AND REPORT.—

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

22 recommendations to the President and Congress on

23 the policies and actions necessary to provide for a

24 secure and self-sustaining future for the local econ25 omy of American Samoa through 2020 and on the
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1 role of the Federal Government. In developing rec2 ommendations, the Commission shall—

3 (A) solicit and analyze information on pro4 jected private sector development, including, but

5 not limited to, tourism, manufacturing and in6 dustry, agriculture, and transportation and

7 shifting trends based on alternative forecasts of

8 economic, political and social conditions in the

9 Pacific;

10 (B) analyze capital infrastructure, edu11 cation, social, health, and environmental needs

12 in light of these alternative forecasts;

13 (C) assemble relevant demographic, eco14 nomic, and revenue and expenditure data from

15 over the past 25 years;

16 (D) review the application of Federal laws

17 and programs and the effects of such laws and

18 programs on the local economy and make such

19 recommendations for changes in the application

20 as the Commission deems advisable; and

21 (E) consider the impact of Federal trade

22 and other international agreements, including,

23 but not limited to those related to marine re24 sources, on American Samoa and make such
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1 recommendations as may be necessary to mini2 mize or eliminate any adverse effects on the

3 local economy.

4 (2) The recommendations of the Commission

5 shall be transmitted in a report to the President, the

6 Committee on Energy and Natural Resources of the

7 United States Senate and the Committee on Re8 sources of the United States House of Representa9 tives no later than June 30, 1999. The report shall

10 set forth the basis for the recommendations and in11 clude an analysis of the capability of American

12 Samoa to meet projected needs based on reasonable

13 alternative economic, political and social conditions

14 in the Pacific Basin. The report shall also include

15 projections of the need for direct or indirect Federal

16 assistance for operations and infrastructure over the

17 next decade and what additional assistance will be

18 necessary to develop the local economy to a level suf19 ficient to minimize or eliminate the need for direct

20 Federal operational assistance. As part of the re21 port, the Commission shall also include an overview

22 of the history of American Samoa and its relation23 ship to the United States from 1872 with emphasis

24 on those events or actions that affect future eco25 nomic development and shall include, as an appendix
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1 to its report, copies of the relevant historical docu2 ments, including, but not limited to, the Convention

3 of 1899 (commonly referred to as the Tripartite

4 Treaty) and the documents of cession of 1900 and

5 1904.

6 (d) POWERS.—

7 (1) The Commission may—

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

9 times and places, take such testimony and re10 ceive such evidence as it may deem advisable:

11 Provided, That the Commission shall conduct

12 public meetings in Tutuila, Ofu, Olosega, and

13 Tau;

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

15 manner and upon the same conditions as de16 partments and agencies of the United States;

17 and

18 (C) within available funds, incur such ex19 penses and enter into contracts or agreements

20 for studies and surveys with public and private

21 organizations and transfer funds to Federal

22 agencies to carry out the Commission’s func23 tions.

24 (2) Within funds available for the Commission,

25 the Secretary of the Interior shall provide such office
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1 space, furnishings, equipment, staff, and fiscal and

2 administrative services as the Commission may re3 quire.

4 (3) The President, upon request of the Commis5 sion, may direct the head of any Federal agency or

6 department to assist the Commission and if so di7 rected such head shall—

8 (A) furnish the Commission to the extent

9 permitted by law and within available appro10 priations such information as may be necessary

11 for carrying out the functions of the Commis12 sion and as may be available to or procurable

13 by such department or agency; and

14 (B) detail to temporary duty with the

15 Commission on a reimbursable basis such per16 sonnel within his administrative jurisdiction as

17 the Commission may need or believe to be use18 ful for carrying out its functions, each such de19 tail to be without loss of seniority, pay or other

20 employee status.

21 (e) CHAIRMAN.—Subject to general policies that the

22 Commission may adopt, the Chairman of the Commission

23 shall be the chief executive officer of the Commission and

24 shall exercise its executive and administrative powers. The
17

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1 Chairman may make such provisions as he may deem ap2 propriate authorizing the performance of his executive and

3 administrative functions by the staff of the Commission.

4 (f) FUNDING.—There are hereby authorized to be ap5 propriated to the Secretary of the Interior such sums as

6 may be necessary, but not to exceed an average of

7 $300,000 per year, in fiscal years 1997, 1998 and 1999

8 for the work of the Commission.

9 (g) TERMINATION.—The Commission shall terminate

10 3 months after the transmission of the report and rec11 ommendations under subsection (c)(2).

Æ