Calendar No. 64

105TH CONGRESS

1ST SESSION S. 210

[Report No. 105–22]

A BILL

To amend the Organic Act of Guam, the Revised

poses.pact of Free Association Act, and for other purOrganic Act of the Virgin Islands, and the ComMAY 28, 1997

Reported under authority of the order of the Senate of

May 23, 1997, with an amendment
II

Calendar No. 64

105TH CONGRESS

1ST SESSION S. 210

[Report No. 105–22]

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, Mr. AKAKA, and Mr. BUMPERS) introduced the

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

MAY 28, 1997

Reported under authority of the order of the Senate of May 23, 1997, by Mr.

MURKOWSKI, with an amendment

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

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,
2

S 210 RS

1 SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND

2 FOOD PROGRAMS.

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

4 Act of 1985 (48 U.S.C. 1903(h)(2)) is amended by strik5 ing ‘‘ten’’ and inserting ‘‘fifteen’’ and by adding at the

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

7 shall ensure that the amount of commodities provided

8 under these programs reflects the changes in the popu9 lation that have occurred since the effective date of the

10 Compact.’’.

11 SEC. 2. AMERICAN MEMORIAL PARK.

12 Section 5 of Public Law 95–348 is amended by strik13 ing subsection (f).

14 SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

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

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

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

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

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

20 Palau Community College,’’.

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

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

23 for Micronesia authorized by the Education Amendments

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

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

26 among the Republic of the Marshall Islands, the Fed-
3

S 210 RS

1 erated States of Micronesia, and the Republic of Palau

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

3 College of Micronesia-FSM, and the Palau Community

4 College.

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

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

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

8 Territory of the Pacific Islands (other than the Northern

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

10 Marshall Islands, the Federated States of Micronesia, and

11 the Republic of Palau’’.

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

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

14 1421f) is amended by adding at the end the following new

15 subsection:

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

17 days before transferring to any Federal agency excess real

18 property located in Guam other than real property identi19 fied on map llllll and dated llll as land

20 subject to transfer only by statute, the Administrator of

21 General Services Administration shall notify the Govern22 ment of Guam that the property is available under this

23 section.

24 ‘‘(2) The Administrator shall transfer to the Govern25 ment of Guam all right, title, and interest of the United
4

S 210 RS

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

2 by quit claim deed and without reimbursement, if the Gov3 ernment of Guam, within 180 days after receiving notifica4 tion under paragraph (1) regarding the property, notifies

5 the Administrator that the Government of Guam intends

6 to acquire the property under this section.

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

8 real property’ means excess property (as that term is de9 fined in section 3 of the Federal Property and Administra10 tive Services Act of 1949) that is real property.

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

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

13 such property may not be transferred to another Federal

14 agency or out of Federal ownership except pursuant to an

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

16 SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

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

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

19 amended to read as follows:

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

21 the District of Columbia, the Commonwealth of Puerto

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

23 Commonwealth of the Northern Mariana Islands;’’.
5

S 210 RS

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

2 THE VIRGIN ISLANDS.

3 (a) TEMPORARY ABSENCE OF OFFICIALS.—Section

4 14 of the Revised Organic Act of the Virgin Islands (48

5 U.S.C. 1595) is amended by adding at the end the follow6 ing new subsection:

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

10 this section.’’.

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

12 94–392 (48 U.S.C. 1574c) is amended—

13 (1) by striking ‘‘priority for payment’’ and in14 serting ‘‘a parity lien with every other issue of bonds

15 or other obligations issued for payment’’; and

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

17 issue’’.

18 (c) APPLICATION.—The amendment made by sub19 section (b) shall apply to obligations issued on or after

20 the date of enactment of this section.

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

22 VIRGIN ISLANDS.

23 (a) ESTABLISHMENT AND MEMBERSHIP.—

24 (1) There is hereby established a Commission

25 on the Economic Future of the Virgin Islands (the

26 ‘‘Commission’’). The Commission shall consist of six
6

S 210 RS

1 members appointed by the President, two of whom

2 shall be selected from nominations made by the Gov3 ernor of the Virgin Islands. The President shall des4 ignate one of the members of the Commission to be

5 Chairman.

6 (2) In addition to the six members appointed

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

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

9 (3) Members of the Commission appointed by

10 the President shall be persons who by virtue of their

11 background and experience are particularly suited to

12 contribute to achievement of the purposes of the

13 Commission.

14 (4) Members of the Commission shall serve

15 without compensation, but shall be reimbursed for

16 travel, subsistence and other necessary expenses in17 curred by them in the performance of their duties.

18 (5) Any vacancy in the Commission shall be

19 filled in the same manner as the original appoint20 ment was made.

21 (b) PURPOSE AND REPORT.—

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

23 recommendations to the President and Congress on

24 the policies and actions necessary to provide for a

25 secure and self-sustaining future for the local econ-
7

S 210 RS

1 omy of the Virgin Islands through 2020 and on the

2 rule of the Federal Government. In developing rec3 ommendations, the Commission shall—

4 (A) solicit and analyze information on pro5 jected private sector development and shifting

6 tourism trends based on alternative forecasts of

7 economic, political and social conditions in the

8 Caribbean;

9 (B) analyze capital infrastructure, edu10 cation, social, health, and environmental needs

11 in light of these alternate forecasts; and

12 (C) assemble relevant demographic, eco13 nomic, and revenue and expenditure data from

14 over the past 25 years.

15 (2) The recommendations of the Commission

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

17 Committee on Energy and Natural Resources of the

18 United States Senate and the Committee on Re19 source of the United States House of Representa20 tives no later than June 30, 1999. The report shall

21 set forth the basis for the recommendations and in22 clude an analysis of the capability of the Virgin Is23 lands to meet projected needs based on reasonable

24 alternative economic, political and social conditions

25 in the Caribbean, including the possible effect of ex-
8

S 210 RS

1 pansion in the near future of Cuba in trade, tourism

2 and development.

3 (c) POWERS.—

4 (1) The Commission may—

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

6 times and places, take such testimony and re7 ceive such evidence as it may deem advisable;

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

9 manner and upon the same conditions as de10 partments and agencies of the United States;

11 and

12 (C) within available funds, incur such ex13 penses and enter into contracts or agreements

14 for studies and surveys with public and private

15 organizations and transfer funds to Federal

16 agencies to carry out the Commission’s func17 tions.

18 (2) Within funds available for the Commission,

19 the Secretary of the Interior shall provide such office

20 space, furnishings, equipment, staff, and fiscal and

21 administrative services as the Commission may re22 quire.

23 (3) The President, upon request of the Commis24 sion, may direct the head of any Federal agency or
9

S 210 RS

1 department to assist the Commission and if so di2 rected such head shall—

3 (A) furnish the Commission to the extent

4 permitted by law and within available appro5 priations such information as may be necessary

6 for carrying out the functions of the Commis7 sion and as may be available to or procurable

8 by such department or agency; and

9 (B) detail to temporary duty with the

10 Commission on a reimbursable basis such per11 sonnel within his administrative jurisdiction as

12 the Commission may need or believe to be use13 ful for carrying out its functions, each such de14 tail to be without loss of seniority, pay or other

15 employee status.

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

17 Commission may adopt, the Chairman of the Commission

18 shall be the chief executive officer of the Commission and

19 shall exercise its executive and administrative powers. The

20 Chairman may make such provisions as he may deem ap21 propriate authorizing the performance of his executive and

22 administrative functions by the staff of the Commission.

23 (e) FUNDING.—There is hereby authorized to be ap24 propriated to the Secretary of the Interior such sums as

25 may be necessary, but not to exceed an average of
10

S 210 RS

1 $300,000 per year, in fiscal years 1997, 1998 and 1999

2 for the work of the Commission.

3 (f) TERMINATION.—The Commission shall terminate

4 3 months after the transmission of the report and rec5 ommendations under subsection (b)(2).

6 SEC. 8. PUBLIC HEALTH SERVICE PHYSICIANS.

7 The Secretary of Health and Human Services shall

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

9 radiation related medical surveillance and treatment pro10 grams under section 177(b) of the Compact of Free Asso11 ciation. Such programs may include the services of physi12 cians, surgeons, dentists, nurses, and other health care

13 practitioners.

14 SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

15 (a) Section 214(a) of the Housing Community Devel16 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended—

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

18 (5);

19 (2) by striking the period at the end of para20 graph (6) and inserting ‘‘; or’’; and

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

22 paragraph:

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

24 United States and its territories and possessions

25 under section 141 of the Compacts of Free Associa-
11

S 210 RS

1 tion between the Government of the United States

2 and the Governments of the Marshall Islands, the

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

4 note) and Palau (48 U.S.C. 1931 note) while the ap5 plicable section is in effect: Provided, That, within

6 Guam and the Commonwealth of the Northern Mari7 ana Islands any such alien shall not be entitled to

8 a preference in receiving assistance under this Act

9 over any United States citizens or national resident

10 therein who is otherwise eligible for such assist11 ance.’’.

12 SEC. 10. CONSENT TO HAWAIIAN HOMES COMMISSION ACT

13 AMENDMENTS.

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

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

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

17 United States consents to the following amendments to

18 the Hawaiian Homes Commission Act, 1920, adopted by

19 the State of Hawaii in the manner required for State legis20 lation:

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

22 1993, and

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

24 1994.
12

S 210 RS

1 SEC. 11. AMERICAN SAMOA STUDY COMMISSION.

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

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

4 (b) ESTABLISHMENT AND MEMBERSHIP.—

5 (1) There is hereby established a Commission

6 on the Economic Future of American Samoa (the

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

8 members appointed by the President, three of whom

9 shall be selected from nominations made by the Gov10 ernor of American Samoa, and the Secretary of the

11 Interior ex officio. The President shall designate one

12 of the appointed members of the Commission to be

13 Chairman.

14 (2) Members of the Commission appointed by

15 the President shall be persons who by virtue of their

16 background and experience are particularly suited to

17 contribute to achievement of the purposes of the

18 Commission.

19 (3) Members of the Commission shall serve

20 without compensation, but shall be reimbursed for

21 travel, subsistence and other necessary expenses in22 curred by them in the performance of their duties.

23 (4) Any vacancy in the Commission shall be

24 filled in the same manner as the original appoint25 ment was made.

26 (c) PURPOSE AND REPORT.—
13

S 210 RS

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

2 recommendations to the President and Congress on

3 the policies and actions necessary to provide for a

4 secure and self-sustaining future for the local econ5 omy of American Samoa through 2020 and on the

6 role of the Federal Government. In developing rec7 ommendations, the Commission shall—

8 (A) solicit and analyze information on pro9 jected private sector development, including, but

10 not limited to, tourism, manufacturing and in11 dustry, agriculture, and transportation and

12 shifting trends based on alternative forecasts of

13 economic, political and social conditions in the

14 Pacific;

15 (B) analyze capital infrastructure, edu16 cation, social, health, and environmental needs

17 in light of these alternative forecasts;

18 (C) assemble relevant demographic, eco19 nomic, and revenue and expenditure data from

20 over the past 25 years;

21 (D) review the application of Federal laws

22 and programs and the effects of such laws and

23 programs on the local economy and make such

24 recommendations for changes in the application

25 as the Commission deems advisable; and
14

S 210 RS

1 (E) consider the impact of Federal trade

2 and other international agreements, including,

3 but not limited to those related to marine re4 sources, on American Samoa and make such

5 recommendations as may be necessary to mini6 mize or eliminate any adverse effects on the

7 local economy.

8 (2) The recommendations of the Commission

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

10 Committee on Energy and Natural Resources of the

11 United States Senate and the Committee on Re12 sources of the United States House of Representa13 tives no later than June 30, 1999. The report shall

14 set forth the basis for the recommendations and in15 clude an analysis of the capability of American

16 Samoa to meet projected needs based on reasonable

17 alternative economic, political and social conditions

18 in the Pacific Basin. The report shall also include

19 projections of the need for direct or indirect Federal

20 assistance for operations and infrastructure over the

21 next decade and what additional assistance will be

22 necessary to develop the local economy to a level suf23 ficient to minimize or eliminate the need for direct

24 Federal operational assistance. As part of the re25 port, the Commission shall also include an overview
15

S 210 RS

1 of the history of American Samoa and its relation2 ship to the United States from 1872 with emphasis

3 on those events or actions that affect future eco4 nomic development and shall include, as an appendix

5 to its report, copies of the relevant historical docu6 ments, including, but not limited to, the Convention

7 of 1899 (commonly referred to as the Tripartite

8 Treaty) and the documents of cession of 1900 and

9 1904.

10 (d) POWERS.—

11 (1) The Commission may—

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

13 times and places, take such testimony and re14 ceive such evidence as it may deem advisable:

15 Provided, That the Commission shall conduct

16 public meetings in Tutuila, Ofu, Olosega, and

17 Tau;

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

19 manner and upon the same conditions as de20 partments and agencies of the United States;

21 and

22 (C) within available funds, incur such ex23 penses and enter into contracts or agreements

24 for studies and surveys with public and private

25 organizations and transfer funds to Federal
16

S 210 RS

1 agencies to carry out the Commission’s func2 tions.

3 (2) Within funds available for the Commission,

4 the Secretary of the Interior shall provide such office

5 space, furnishings, equipment, staff, and fiscal and

6 administrative services as the Commission may re7 quire.

8 (3) The President, upon request of the Commis9 sion, may direct the head of any Federal agency or

10 department to assist the Commission and if so di11 rected such head shall—

12 (A) furnish the Commission to the extent

13 permitted by law and within available appro14 priations such information as may be necessary

15 for carrying out the functions of the Commis16 sion and as may be available to or procurable

17 by such department or agency; and

18 (B) detail to temporary duty with the

19 Commission on a reimbursable basis such per20 sonnel within his administrative jurisdiction as

21 the Commission may need or believe to be use22 ful for carrying out its functions, each such de23 tail to be without loss of seniority, pay or other

24 employee status.
17

S 210 RS

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

2 Commission may adopt, the Chairman of the Commission

3 shall be the chief executive officer of the Commission and

4 shall exercise its executive and administrative powers. The

5 Chairman may make such provisions as he may deem ap6 propriate authorizing the performance of his executive and

7 administrative functions by the staff of the Commission.

8 (f) FUNDING.—There are hereby authorized to be ap9 propriated to the Secretary of the Interior such sums as

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

11 $300,000 per year, in fiscal years 1997, 1998 and 1999

12 for the work of the Commission.

13 (g) TERMINATION.—The Commission shall terminate

14 3 months after the transmission of the report and rec15 ommendations under subsection (c)(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.’’.
18

S 210 RS

1 SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.

2 Section 8 of the Organic Act of Guam (48 U.S.C.

3 1422b), as amended, is further amended by adding at the

4 end thereof the following new subsection:

5 ‘‘(e) An absence from Guam of the Governor or the

6 Lieutenant Governor, while on official business, shall not

7 be a ‘temporary absence’ for the purposes of this section.’’

8 SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

9 (a) LAND GRANT STATUS.—Section 506(a) of the Edu10 cation Amendments of 1972 (Public Law 92–318, as

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

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

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

14 Community College,’’.

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

16 fund attributable to the $3,000,000 appropriation for Mi17 cronesia authorized by the Education Amendments of 1972

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

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

20 Republic of the Marshall Islands, the Federated States of

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

22 College of the Marshall Islands, the College of Micronesia23 FSM, and the Palau Community College.

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

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

26 U.S.C. 301 note) is amended by striking ‘‘and the Trust
19

S 210 RS

1 Territory of the Pacific Islands (other than the Northern

2 Mariana Islands)’’ and inserting ‘‘the Republic of the Mar3 shall Islands, the Federated States of Micronesia, and the

4 Republic of Palau’’. The proportion of any allocation of

5 funds to the Trust Territory of the Pacific islands under

6 any Act in accordance with section 1361(c) of Public Law

7 96–374 prior to the enactment of this Act shall hereafter

8 remain the same with the amount of such funds divided

9 as may be agreed among the Federated States of Micronesia,

10 the Republic of the Marshall Islands, and the Republic of

11 Palau.

12 SEC. 4. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO

13 ACQUIRE EXCESS REAL PROPERTY IN GUAM.

14 (a) TRANSFER OF EXCESS REAL PROPERTY.—(1) Ex15 cept as provided in subsection (d), before screening excess

16 real property located on Guam for further Federal utiliza17 tion under section 202 of the Federal Property and Admin18 istrative Services Act of 1949 (40 U.S.C. 471, et seq.) (here19 inafter the ‘‘Property Act’’), the Administrator shall notify

20 the Government of Guam that the property is available for

21 transfer pursuant to this section.

22 (2) If the Government of Guam, within 180 days after

23 receiving notification under paragraph (1), notifies the Ad24 ministrator that the Government of Guam intends to ac25 quire the property under this section, the Administrator
20

S 210 RS

1 shall transfer such property in accordance with subsection

2 (b). Otherwise, the property shall be disposed of in accord3 ance with the Property Act.

4 (b) CONDITIONS OF TRANSFER.—(1) Any transfer of

5 excess real property to the Government of Guam for other

6 than a public purpose shall be for consideration equal to

7 the fair market value.

8 (2) Any transfer of excess real property to the Govern9 ment of Guam for a public purpose shall be without further

10 consideration.

11 (3) All transfers of excess real property to the Govern12 ment of Guam shall be subject to such restrictive covenants

13 as the Administrator, in consultation with the Secretary

14 of Defense, in the case of property reported excess by a mili15 tary department, determines in their sole discretion to be

16 necessary to ensure that (A) the use of the property is com17 patible with continued military activities on Guam, (B) the

18 use of the property is consistent with the environmental

19 condition of the property; (C) access is available to the

20 United States to conduct any additional environmental re21 mediation or monitoring that may be required; (D) to the

22 extent the property was transferred for a public purpose,

23 that the property is so utilized; and (E) to the extent the

24 property has been leased by another Federal agency for a

25 minimum of two (2) years under a lease entered into prior
21

S 210 RS

1 to May 1, 1997, that the transfer to the Government of

2 Guam be subject to the terms and conditions of those lease3 hold interests.

4 (4) All transfers of excess real property to the Govern5 ment of Guam are subject to all otherwise applicable Fed6 eral laws.

7 (c) DEFINITIONS.—For the purposes of this section:

8 (1) The term ‘‘Administrator’’ means—

9 (A) the Administrator of General Services;

10 or

11 (B) the head of any Federal agency with the

12 authority to dispose of excess real property on

13 Guam.

14 (2) The term ‘‘base closure law’’ means the De15 fense Authorization Amendments and Base Closure

16 and Realignment Act of 1988 (Public Law 100–526),

17 the Defense Base Closure and Realignment Act of

18 1990 (Public Law 101–510), or similar base closure

19 authority.

20 (3) The term ‘‘excess real property’’ means excess

21 property (as that term is defined in section 3 of the

22 Property Act) that is real property and was acquired

23 by the United States prior to enactment of this sec24 tion.
22

S 210 RS

1 (4) The term ‘‘Guam National Wildlife Refuge’’

2 includes those lands within the refuge overlay under

3 the jurisdiction of the Department of Defense, identi4 fied as DoD lands in figure 3, on page 74, and as

5 submerged lands in figure 7, on page 78 of the ‘‘Final

6 Environmental Assessment for the Proposed Guam

7 National Wildlife Refuge, Territory of Guam, July

8 1993’’ to the extent that the federal government holds

9 title to such lands.

10 (5) The term ‘‘public purpose’’ means those pub11 lic benefit purposes for which the United States may

12 dispose of property pursuant to section 203 of the

13 Property Act, as implemented by the Federal Prop14 erty Management Regulations (41 CFR 101–47) or

15 other public benefit uses provided under the Guam

16 Excess Lands Act (Public Law 103–339. 108 Stat.

17 3116).

18 (d) EXEMPTIONS.—Notwithstanding that such prop19 erty may be excess real property, the provisions of this sec20 tion shall not apply:

21 (1) To real property on Guam that is declared

22 excess by the Department of Defense for the purpose

23 of transferring that property to the Coast Guard; or

24 (2) To real property on Guam that is declared

25 excess by the managing Federal agency for the pur-
23

S 210 RS

1 pose of transferring that property to the Federal

2 Agency which has occupied the property for a mini3 mum of two (2) years at the time the property is de4 clared excess and which was occupying such property

5 prior to May 1, 1997.

6 (3) To real property on Guam that is located

7 within the Guam National Wildlife Refuge, which

8 shall be transferred according to the following proce9 dure:

10 (A) The Administrator shall notify the Gov11 ernment of Guam and the Fish and Wildlife

12 Service that such property has been declared ex13 cess. The Government of Guam and the Fish and

14 Wildlife Service shall have 180 days to engage in

15 discussions toward an agreement providing for

16 the future ownership and management of such

17 real property.

18 (B) If the parties reach an agreement under

19 paragraph (A) within 180 days after notifica20 tion of the declaration of excess, the real property

21 shall be transferred and managed in accordance

22 with such agreement: Provided, That such agree23 ment shall be transmitted to the Committee on

24 Energy and Natural Resources of the United

25 States Senate and the appropriate committees of
24

S 210 RS

1 the United States House of Representatives not

2 less than 60 days prior to such transfer and any

3 such transfer shall be subject to the other provi4 sions of this section.

5 (C) If the parties do not reach an agreement

6 under paragraph (A) within 180 days after noti7 fication of the declaration of excess, the Adminis8 trator shall provide a report to Congress on the

9 status of the discussions, together with his rec10 ommendations on the likelihood of resolution of

11 differences and the comments of the Fish and

12 Wildlife Service and the Government of Guam. If

13 the subject property is under the jurisdiction of

14 a military department, the military department

15 may transfer administrative control over the

16 property to the General Services Administration.

17 (D) If the parties come to agreement prior

18 to congressional action, the real property shall be

19 transferred and managed in accordance with

20 such agreement: Provided, That such agreement

21 shall be transmitted to the Committee on Energy

22 and Natural Resources of the United States Sen23 ate and the appropriate committees of the United

24 States House of Representatives not less than 60

25 days prior to such transfer and any such trans-
25

S 210 RS

1 fer shall be subject to the other provisions of this

2 section.

3 (E) Absent an agreement on the future own4 ership and use of the property, such property

5 may not be transferred to another federal agency

6 or out of federal ownership except pursuant to

7 an Act of Congress specifically identifying such

8 property.

9 (4) To real property on Guam that is declared

10 excess as a result of a base closure law, except that

11 with respect to property identified for disposal prior

12 to the date of enactment of this section, such lands

13 shall be subject to subsection (b) of this section.

14 (e) DUAL CLASSIFICATION PROPERTY.—If a parcel of

15 real property on Guam that is declared excess as a result

16 of a base closure law also falls within the boundary of the

17 Guam National Wildlife Refuge, such parcel of property

18 shall be disposed of in accordance with the base closure law.

19 (f) AUTHORITY TO ISSUE REGULATIONS.—The Ad20 ministrator of General Services, after consultation with the

21 Secretary of Defense and the Secretary of Interior, may

22 issue such regulations as he deems necessary to carry out

23 this section.
26

S 210 RS

1 SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

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

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

4 to read as follows:

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

6 States, the District of Columbia, the Commonwealth

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

8 Guam, and the Commonwealth of the Northern Mari9 ana Islands;’’.

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

11 THE VIRGIN ISLANDS.

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

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

14 1595) is amended by adding at the end the following new

15 subsection:

16 ‘‘(g) An absence from the Virgin Islands of the Gov17 ernor or the Lieutenant Governor, while on official business,

18 shall not be a ‘temporary absence’ for purposes of this sec19 tion.’’.

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

21 94–392 (90 Stat. 1193, 1195) is amended—

22 (1) by striking ‘‘priority for payment’’ and in23 serting ‘‘a parity lien with every other issue of bonds

24 or other obligations issued for payment’’; and

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

26 issue’’.
27

S 210 RS

1 (c) APPLICATION.—The amendments made by sub2 section (b) shall apply to obligations issued on or after the

3 date of enactment of this section.

4 (d) SHORT TERM BORROWING.—Section 1 of Public

5 Law 94–392 (90 Stat. 1193) is amended by adding the fol6 lowing new subsection at the end thereof:

7 ‘‘(d) The legislature of the government of the Virgin

8 Islands may cause to be issued notes in anticipation of the

9 collection of the taxes and revenues for the current fiscal

10 year. Such notes shall mature and be paid within one year

11 from the date they are issued. No extension of such notes

12 shall be valid and no additional notes shall be issued under

13 this section until all notes issued during a preceding year

14 shall have been paid.’’

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 on

19 the Economic Future of the Virgin Islands (the ‘‘Com20 mission’’). The Commission shall consist of six mem21 bers appointed by the President, two of whom shall be

22 selected from nominations made by the Governor of

23 the Virgin Islands. The President shall designate one

24 of the members of the Commission to be Chairman.
28

S 210 RS

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 the

5 President shall be persons who by virtue of their back6 ground and experience are particularly suited to con7 tribute to achievement of the purposes of the Commis8 sion.

9 (4) Members of the Commission shall serve with10 out compensation, but shall be reimbursed for travel,

11 subsistence and other necessary expenses incurred by

12 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 se20 cure and self-sustaining future for the local economy

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

22 the Federal Government. In developing recommenda23 tions, the Commission shall—

24 (A) solicit and analyze information on pro25 jected private sector development and shifting
29

S 210 RS

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 alternative forecasts; and

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

9 over the past twenty-five years.

10 (2) The recommendation of the Commission shall

11 be transmitted in a report to the President, the Com12 mittee on Energy and Natural Resources of the Unit13 ed States Senate and the Committee on Resources of

14 the United States House of Representatives no later

15 than June 30, 1999. The report shall set forth the

16 basis for the recommendations and include an analy17 sis of the capability of the Virgin Islands to meet pro18 jected needs based on reasonable alternative economic,

19 political and social conditions in the Caribbean, in20 cluding the possible effect of expansion in the near fu21 ture of Cuba in trade, tourism and development.

22 (c) POWERS.—

23 (1) The Commission may—
30

S 210 RS

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 depart6 ments and agencies of the United States; and

7 (C) within available funds, incur such ex8 penses and enter into contracts or agreements for

9 studies and surveys with public and private or10 ganizations and transfer funds to Federal agen11 cies to carry out the Commission’s functions.

12 (2) Within funds available for the Commission,

13 the Secretary of the Interior shall provide such office

14 space, furnishings, equipment, staff, and fiscal and

15 administrative services as the Commission may re16 quire.

17 (3) The President, upon request of the Commis18 sion, may direct the head of any Federal agency or

19 department to assist the Commission and if so di20 rected such head shall—

21 (A) furnish the Commission to the extent

22 permitted by law and within available appro23 priations such information as may be necessary

24 for carrying out the functions of the Commission
31

S 210 RS

1 and as may be available to or procurable by such

2 department or agency; and

3 (B) detail to temporary duty with the Com4 mission on a reimbursable basis such personnel

5 within his administrative jurisdiction as the

6 Commission may need or believe to be useful for

7 carrying out its functions, each such detail to be

8 without loss of seniority, pay or other employee

9 status.

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

11 Commission may adopt, the Chairman of the Commission

12 shall be the chief executive officer of the Commission and

13 shall exercise its executive and administrative powers. The

14 Chairman may make such provisions as he may deem ap15 propriate authorizing the performance of his executive and

16 administrative functions by the staff of the Commission.

17 (e) FUNDING.—There is hereby authorized to be appro18 priated to the Secretary of the Interior such sums as may

19 be necessary, but not to exceed an average of $300,000 per

20 year, in fiscal years 1997, 1998 and 1999 for the work of

21 the Commission.

22 (f) TERMINATION.—The Commission shall terminate

23 three months after the transmission of the report and rec24 ommendations under subsection (b)(2).
32

S 210 RS

1 SEC. 8. COMPACT IMPACT REPORTS.

2 Paragraph 104(e)(2) of Public Law 99–239 (99 Stat.

3 1770, 1788) is amended by deleting ‘‘President shall report

4 to the Congress with respect to the impact of the Compact

5 on the United States territories and commonwealths and

6 on the State of Hawaii.’’ and inserting in lieu thereof,

7 ‘‘Governor of any of the United States territories or com8 monwealths or the State of Hawaii may report to the Sec9 retary of the Interior by February 1 of each year with re10 spect to the impacts of the compacts of free association on

11 the Governor’s respective jurisdiction. The Secretary of the

12 Interior shall review and forward any such reports to the

13 Congress with the comments of the Administration. The

14 Secretary of the Interior shall, either directly or, subject to

15 available technical assistance funds, through a grant to the

16 affected jurisdiction, provide for a census of Micronesians

17 at intervals no greater than five years from each decenial

18 United States census using generally acceptable statistical

19 methodologies for each of the impact jurisdictions where the

20 Governor requests such assistance, except that the total ex21 penditures to carry out this sentence may not exceed

22 $300,000 in any year.’’.

23 SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

24 (a) Section 214(a) of the Housing Community Devel25 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended—

26 (1) by striking ‘‘or’’ at the end of paragraph (5);
33

S 210 RS

1 (2) by striking the period at the end of para2 graph (6) and inserting ‘‘; or’’; and

3 (3) by adding at the end the following new para4 graph:

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

6 United States and its territories and possessions

7 under section 141 of the Compacts of Free Association

8 between the Government of the United States and the

9 Governments of the Marshall Islands, the Federated

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

11 (48 U.S.C. 1931 note) while the applicable section is

12 in effect: Provided, That, within Guam and the Com13 monwealth of the Northern Mariana Islands any such

14 alien shall not be entitled to a preference in receiving

15 assistance under this Act over any United States citi16 zen or national resident therein who is otherwise eli17 gible for such assistance.’’.

18 SEC. 10. AMERICAN SAMOA STUDY COMMISSION.

19 (a) SHORT TITLE.—This section may be cited as ‘‘The

20 American Samoa Development Act of 1997’’.

21 (b) ESTABLISHMENT AND MEMBERSHIP.—

22 (1) There is hereby established a Commission on

23 the Economic Future of American Samoa (the ‘‘Com24 mission’’). The Commission shall consist of six mem25 bers appointed by the President, three of whom shall
34

S 210 RS

1 be selected from nominations made by the Governor of

2 American Samoa, and the Secretary of the Interior ex

3 officio. The President shall designate one of the ap4 pointed members of the Commission to be Chairman.

5 (2) Members of the Commission appointed by the

6 President shall be persons who by virtue of their back7 ground and experience are particularly suited to con8 tribute to achievement of the purposes of the Commis9 sion.

10 (3) Members of the Commission shall serve with11 out compensation, but shall be reimbursed for travel,

12 subsistence and other necessary expenses incurred by

13 them in the performance of their duties.

14 (4) Any vacancy in the Commission shall be

15 filled in the same manner as the original appoint16 ment was made.

17 (c) PURPOSE AND REPORT.—

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

19 recommendations to the President and Congress on

20 the policies and actions necessary to provide for a se21 cure and self-sustaining future for the local economy

22 of American Samoa through 2020 and on the role of

23 the Federal Government. In developing recommenda24 tions, the Commission shall—
35

S 210 RS

1 (A) solicit and analyze information on pro2 jected private sector development, including, but

3 not limited to, tourism, manufacturing and in4 dustry, agriculture, and transportation and

5 shifting trends based on alternative forecasts of

6 economic, political and social conditions in the

7 Pacific;

8 (B) analyze capital infrastructure, edu9 cation, social, health, and environmental needs

10 in light of these alternative forecasts;

11 (C) assemble relevant demographic, eco12 nomic, and revenue and expenditure data from

13 over the past twenty-five years;

14 (D) review the application of federal laws

15 and programs and the effects of such laws and

16 programs on the local economy and make such

17 recommendations for changes in the application

18 as the Commission deems advisable;

19 (E) consider the impact of federal trade and

20 other international agreements, including, but

21 not limited to those related to marine resources,

22 on American Samoa and make such rec23 ommendations as may be necessary to minimize

24 or eliminate any adverse effects on the local

25 economy.
36

S 210 RS

1 (2) the recommendations of the Commission shall

2 be transmitted in a report to the President, the Com3 mittee on Energy and Natural Resources of the

4 United States Senate and the Committee on Resources

5 of the United States House of Representatives no later

6 than June 30, 1999. The report shall set forth the

7 basis for the recommendations and include an analy8 sis of the capability of American Samoa to meet pro9 jected needs based on reasonable alternative economic,

10 political and social conditions in the Pacific Basin.

11 The report shall also include projections of the need

12 for direct or indirect Federal assistance for operations

13 and infrastructure over the next decade and what ad14 ditional assistance will be necessary to develop the

15 local economy to a level sufficient to minimize or

16 eliminate the need for direct Federal operational as17 sistance. As part of the report, the Commission shall

18 also include an overview of the history of American

19 Samoa and its relationship to the United States from

20 1872 with emphasis on those events or actions that af21 fect future economic development and shall include, as

22 an appendix to its report, copies of the relevant his23 torical documents, including, but not limited to, the

24 Convention of 1899 (commonly referred to as the Tri-
37

S 210 RS

1 partite Treaty) and the documents of cession of 1900

2 and 1904.

3 (d) POWERS.—

4 (1) The Commission may—

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

6 times and places, take such testimony and re7 ceive such evidence as it may deem advisable:

8 Provided, That the Commission shall conduct

9 public meetings in Tutuila, Ofu, Olosega, and

10 Tau;

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

12 manner and upon the same conditions as depart13 ments and agencies of the United States; and

14 (C) within available funds, incur such ex15 penses and 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 the Commission’s functions.

19 (2) Within funds available for the Commission,

20 the Secretary of the Interior shall provide such office

21 space, furnishings, equipment, staff, and fiscal and

22 administrative services as the Commission may re23 quire.

24 (3) The President, upon request of the Commis25 sion, may direct the head of any Federal agency or
38

S 210 RS

1 department to assist the Commission and if so di2 rected such head shall—

3 (A) furnish the Commission to the extent

4 permitted by law and within available appro5 priations such information as may be necessary

6 for carrying out the functions of the Commission

7 and as may be available to or procurable by such

8 department or agency; and

9 (B) detail to temporary duty with the Com10 mission on a reimbursable basis such personnel

11 within his administrative jurisdiction as the

12 Commission may need or believe to be useful for

13 carrying out its functions, each such detail to be

14 without loss of seniority, pay or other employee

15 status.

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

17 Commission may adopt, the Chairman of the Commission

18 shall be the chief executive officer of the Commission and

19 shall exercise its executive and administrative powers. The

20 Chairman may make such provisions as he may deem ap21 propriate authorizing the performance of his executive and

22 administrative functions by the staff of the Commission.

23 (f) FUNDING.—There are hereby authorized to be ap24 propriated to the Secretary of the Interior such sums as

25 may be necessary, but not to exceed an average of $300,000
39

S 210 RS

1 per year, in fiscal years 1997, 1998 and 1999 for the work

2 of the Commission.

3 (g) TERMINATION.—The Commission shall terminate

4 three months after the transmission of the report and rec5 ommendations under subsection (c)(2).

6 SEC. 11. FEDERAL PROGRAMS COORDINATION IN THE

7 FREELY ASSOCIATED STATES AND PROVI8 SIONS FOR BIKINI.

9 (a) Section 108 of Public Law 101–219 (103 Stat.

10 1870, 1872) is amended by deleting ‘‘shall station’’ and in11 serting in lieu thereof ‘‘shall, subject to appropriations, sta12 tion’’.

13 (b) Section 501 of Public Law 95–134 is amended by

14 deleting ‘‘the Trust Territory of the Pacific Islands,’’ and

15 inserting in lieu thereof ‘‘the Republic of the Marshall Is16 lands, the Federated States of Micronesia, the Republic of

17 Palau,’’.

18 (c) Under the heading ‘‘COMPACT OF FREE ASSO19 CIATION’’ in TITLE I—DEPARTMENT OF THE IN20 TERIOR of Public Law 100–446 (102 Stat. 1774, 1798)

21 delete ‘‘$2,000,000 in any year from income for projects on

22 Kili or Ejit:’’ and insert in lieu thereof ‘‘$2,500,000 in any

23 year from income for projects on Kili or Ejit: Provided fur24 ther, That commencing on October 1, 1998 and every year

25 thereafter, this dollar amount shall be changed to reflect any
40

S 210 RS

1 fluctuation occurring during the previous twelve months in

2 the Consumer Price Index, as determined by the Secretary

3 of Labor:’’.