104TH CONGRESS
2D SESSION
H. R. 1332
AN ACT
To make certain technical changes affecting United
States territories, and for other purposes.
104TH CONGRESS
2D SESSION
H. R. 1332
AN ACT
To make certain technical changes affecting United States
territories, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Omnibus Insular Areas Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Temporary absence of officials clarified.
Sec. 3. Amendments to priority of bonds and other obligations.
Sec. 4. Commission on the economic future of the Virgin Islands.
Sec. 5. Repeal of separate ballot requirement.
Sec. 6. Insular funding clarification.
Sec. 7. American Memorial Park.
Sec. 8. American Samoa Study Commission.
Sec. 9. Hawaiian Homes Commission.
SEC. 2. TEMPORARY ABSENCE OF OFFICIALS CLARIFIED.
Section 14 of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1595) is amended by adding at the
end the following new subsection:
‘‘(g) An absence from the Virgin Islands of the Gov-
ernor or the Lieutenant Governor, while on official busi-
ness shall not be a ‘temporary absence’ for purposes of
this section.’’.
SEC. 3. AMENDMENTS TO PRIORITY OF BONDS AND OTHER
OBLIGATIONS.
(a) AUTHORITY TO ISSUE OBLIGATIONS.—Section 3
of the Act entitled ‘‘An Act to authorize the government
of the Virgin Islands to issue bonds in anticipation of reve-
nue receipts and to authorize the guarantee of such bonds
by the United States under specified conditions, and for
other purposes’’, approved August 19, 1976 (48 U.S.C.
1574c), is amended—
(1) by striking ‘‘priority for payment’’ and in-
serting in lieu thereof ‘‘a parity lien with every other
issue of bonds or other obligations issued for pay-
ment’’; and
(2) by striking ‘‘in the order of the date of
issue’’.
(b) APPLICATION.—The amendments made by this
section shall apply to obligations issued on or after the
date of the enactment of this Act.
SEC. 4. COMMISSION ON THE ECONOMIC FUTURE OF THE
VIRGIN ISLANDS.
(a) ESTABLISHMENT AND MEMBERSHIP.—
(1) IN GENERAL.—There is hereby established
a Commission on the Economic Future of the Virgin
Islands (hereafter in this section referred to as the
‘‘Commission’’). The Commission shall consist of six
members appointed by the President, two of whom
shall be selected from nominations made by the Gov-
ernor of the Virgin Islands. The President shall des-
ignate one of the members of the Commission to be
Chairman.
(2) SECRETARY OF INTERIOR EX OFFICIO MEM-
BER.—In addition to the six members appointed
under paragraph (1), the Secretary of the Interior
shall be an ex-officio member of the Commission.
(3) MEMBERS
APPOINTED
BY
PRESIDENT.—
Members of the Commission appointed by the Presi-
dent shall be persons who by virtue of their back-
ground and experience are particularly suited to con-
tribute to achievement of the purposes of the Com-
mission.
(4) COMPENSATION.—Members of the Commis-
sion shall serve without compensation, but may be
reimbursed for travel, subsistence and other nec-
essary expenses incurred by them in the performance
of their duties.
(5) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the origi-
nal appointment was made.
(b) PURPOSE AND REPORT.—
(1) PURPOSE.—The purpose of the Commission
is to make recommendations to the President and
Congress on the policies and actions necessary to
provide for a secure and self-sustaining future for
the local economy of the Virgin Islands through
2020 and on the role of the Federal Government. In
developing 
recommendations, 
the 
Commission
shall—
(A) solicit and analyze information on pro-
jected private sector development and shifting
tourism trends based on alternative forecasts of
economic, political, and social conditions in the
Caribbean;
(B) analyze capital infrastructure, edu-
cation, social, health, and environmental needs
in light of these alternative forecasts; and
(C) assemble relevant demographic, eco-
nomic, and revenue and expenditure data from
over the past 25 years.
(2) RECOMMENDATIONS
AND
REPORT.—The
recommendations of the Commission shall be trans-
mitted to the President, the Committee on Energy
and Natural Resources of the United States Senate
and the Committee on Resources of the United
States House of Representatives no later than June
30, 1998. The report shall set forth the basis for the
recommendations and include an analysis of the ca-
pability of the Virgin Islands to meet projected
needs based on reasonable alternative economic, po-
litical, and social conditions in the Caribbean, in-
cluding the expansion in the near future of Cuba to
trade, tourism, and development.
(c) POWERS.—
(1) IN GENERAL.—The Commission may—
(f) TERMINATION.—The Commission shall terminate
three months after the transmission of the report and rec-
ommendations under subsection (b)(2).
SEC. 5. REPEAL OF SEPARATE BALLOT REQUIREMENT.
(a) IN GENERAL.—Section 2(a) of the Act entitled
‘‘An Act to provide that the unincorporated territories of
Guam and the Virgin Islands shall each be represented
in Congress by a Delegate to the House of Representa-
tives’’ approved April 10, 1972 (48 U.S.C. 1712(a)), is
amended—
(1) by striking ‘‘, by separate ballot and’’; and
(2) by inserting after the second sentence the
following new sentence: ‘‘The Delegate representing
the Virgin Islands shall be elected by separate bal-
lot.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect January 1, 1997.
SEC. 6. INSULAR FUNDING CLARIFICATION.
The second sentence of subsection (a) of section 703
of the Northern Mariana Islands Covenant, as contained
in section 1 of Public Law 94–241 (48 U.S.C. 1801 note),
shall be construed as if ‘‘of the Government of the North-
ern Mariana Islands’’ were stricken.
SEC. 7. AMERICAN MEMORIAL PARK.
Section 5 of Public Law 95–348 (92 Stat. 492) is
amended by striking subsection (f).
SEC. 8. AMERICAN SAMOA STUDY COMMISSION.
(a) FINDINGS.—The Congress finds that—
(1) the islands of Tutuila and Manua, and cer-
tain other islands that compose American Samoa,
were ceded by the chiefs of the islands to the United
States by two treaties or deeds of cession which were
submitted to the United States Congress on April
10, 1900, and July 16, 1904;
(2) American Samoa’s status as an unorganized
and unincorporated territory of the United States,
and American Samoa’s political relationship to the
United States, are not clearly defined in any single
document;
(3) there is a need for a comprehensive study
and review of the historical and legal basis of Amer-
ican Samoa’s political relationship with the United
States, including—
(A) a comprehensive report on American
Samoa’s present political relationship with the
United States, as compared to other relation-
ships such as independence, commonwealth, and
free association; and
(B) an examination of whether the treaties
or deeds of cession created trust obligations to
American Samoa on the part of the United
States;
(4) the economic and social needs of American
Samoa are substantially affected by the nature of
American Samoa’s political relationship with the
United States; and
(5) there is a need for a comprehensive study
also of Swains Island and its historical relationship
with the Tokelau Island Group.
(b) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘American Samoa Study Com-
mission’’ (hereafter in this section referred to as the
‘‘Commission’’).
(c) DUTIES.—
(1) IN GENERAL.—It shall be the duty of the
Commission—
(A) to study and evaluate all the factors
that led to American Samoa’s political relation-
ship with the United States, including—
(i) the events that led to the cession
to the United States of the islands that
compose American Samoa; and
(ii) the constitutions, statutes, trea-
ties, and agreements that affect American
Samoa’s political relationship with the
United States;
(B) to document and report on the nature
of American Samoa’s political relationship with
the United States; to document and also report
on such political relationships as independence,
commonwealth, and free association;
(C) to study and evaluate the impact of
American Samoa’s political status and relation-
ship with the United States (as determined by
the Commission under subparagraph (B)) on
the economic and social needs of American
Samoa and its residents;
(D) to study and report on whether the
1900 and 1904 instruments of cession were in-
deed treaties or deeds and how such instru-
ments are recognized under international law;
and
(E) to study and report on options avail-
able to improve American Samoa’s economic
self-sufficiency, given its remote location, lim-
ited land size, and changing world economics.
(2) CONSULTATION.—The Commission shall, to
the maximum extent practicable, consult with Amer-
ican Samoans in carrying out the duties of the Com-
mission under paragraph (1).
(d) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of five members appointed
as follows:
(A) Three members appointed by the Sec-
retary of Interior, including—
(i) one member appointed from among
three individuals nominated by the legisla-
ture of the Territorial government of
American Samoa; and
(ii) one member appointed from
among three individuals nominated by the
Governor of American Samoa.
(B) One member appointed by the Speaker
of the United States House of Representatives.
(C) One member appointed by the Presi-
dent of the United States Senate.
(2) TERMS.—Each member shall be appointed
for the life of the Commission.
(3) COMPENSATION.—Members of the Commis-
sion shall serve without compensation, but may be