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TITLE VI—GUAM LAND RETURN ACT
TITLE VII—AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN
ISLANDS
TITLE VIII—COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN
ISLANDS
TITLE I—REPEAL THE REQUIREMENT OF
SEPARATE BALLOTS
SEC. 101. REPEAL OF SEPARATE BALLOT REQUIREMENT.
Section 2(a) of the Act entitled ‘‘An Act to provide
that the unincorporated territories of Guam and the Vir-
gin Islands shall each be represented in Congress by a Del-
egate to the House of Representatives’’ approved April 10,
1972 (48 U.S.C. 1712(a)), is amended by striking ‘‘, by
separate ballot and’’.
TITLE II—AMERICAN SAMOA STUDY
COMMISSION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘American Samoa
Study Commission Act’’.
SEC. 202. CONGRESSIONAL 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;
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(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,
free association and covenant; 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.
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SEC. 203. ESTABLISHMENT.
There is established a commission to be known as the
‘‘American Samoa Study Commission Act’’.
SEC. 204. DUTIES.
(a) IN GENERAL.—It shall be the duty of the Com-
mission—
(1) to study and evaluate all the factors that
led to American Samoa’s historical and present po-
litical relationship with the United States, includ-
ing—
(A) the events that led to the cession to
the United States of the islands that compose
American Samoa; and
(B) the constitutions, statutes, treaties,
and agreements that affect American Samoa’s
political relationship with the United States;
(2) 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, common-
wealth, free association and covenant; and to docu-
ment and report on whether the deeds of cession cre-
ated trust obligations to American Samoa on the
part of the United States;
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(3) to report on whether a single document is
needed to set forth American Samoa’s political rela-
tionship with the United States; and
(4) to study and evaluate the impact of Amer-
ican Samoa’s political status and relationship with
the United States (as determined by the Commission
under paragraph (2)) on the economic and social
needs of American Samoa and its residents.
(5) to study and report on whether the 1900
and 1904 Instruments of Cession were indeed trea-
ties or deeds and how such instruments are recog-
nized under international law.
(b) CONSULTATION.—The Commission shall, to the
maximum extent practicable, consult with American
Samoans in carrying out the duties of the Commission
under subsection (a).
SEC. 205. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of five members appointed as follows:
(1) Three members appointed by the Secretary
of Interior, including—
(A) One member appointed from among
three individuals nominated by the legislature
of the Territorial government of American
Samoa and
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(B) One member appointed from among
three individuals nominated by the Governor of
American Samoa.
(2) One member appointed by the Speaker of
the United States House of Representatives.
(3) One member appointed by the President of
the United States Senate.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), each member of the Commission
shall be paid, to the extent of amounts made avail-
able in appropriations Acts, $150 for each day (in-
cluding travel time) during which the member is en-
gage in the actual performance of the duties of the
Commission.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Except as provided in sub-
section (d), members of the Commission who are
full-time officers or employees of the United States
or the Territorial government of American Samoa
may not receive additional pay, allowances, or bene-
fits by reason of their service on the Commission.
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(d) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 572 and 5703 of title 5, Unit-
ed States Code.
(e) QUORUM.—Three members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(f) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of the Commission shall be
elected by the members.
(g) MEETINGS.—
(1) INITIAL MEETINGS.—Not later than the ex-
piration date of the 90 day period beginning on the
date of the enactment of this Act, the Secretary of
the Interior shall call the initial meeting of the mem-
bers of the Commission.
(2) SUBSEQUENT MEETINGS.—The Chairperson
or a majority of the members of the Commission
shall call any meeting of the Commission that occurs
after the meeting called under paragraph (1).
SEC. 206. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Commission shall have a direc-
tor, who shall be appointed by the Commission.
(b) STAFF.—Subject to rules prescribed by the Com-
mission, the Chairperson of the Commission may appoint
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and fix the pay of personnel as the Chairperson considers
appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may not be paid without regard to
the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum rate of
basic pay payable for GS–16 of the General Schedule.
(d) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Chairperson of the
Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed $150 per
day.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
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SEC. 207. POWERS OF COMMISSION.
(a) HEARINGS.—
(1) IN GENERAL.—The Commission may, for
the purpose of carrying out this Act, hold hearings,
sit and act at times and locations, take testimony,
and receive evidence as the Commission considers
appropriate.
(2) LOCATION OF CERTAIN HEARINGS.—
(A) REQUIRED HEARINGS.—The Commis-
sion shall conduct at least 1 hearing at any lo-
cation on each of—
(i) Tutuila;
(ii) Ofu;
(iii) Olosega; and
(iv) Tau.
(B) OTHER HEARINGS.—The Commission
may conduct at least 3 separate hearings in the
United States at locations where significant
numbers of American Samoans reside.
(3) NOTICE.—The Commission shall provide
notice to the public of the hearings referred to in
paragraphs (1) and (2), including information re-
garding the date, topic and location of the meeting,
and shall take other actions as the Commission con-
siders necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
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(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action that the Commission is author-
ized to take by this Act.
(c) OBTAINING OFFICIAL DATA.—
(1) IN GENERAL.—The Commission may secure
directly from any Federal agency information nec-
essary to enable it to carry out this Act. Upon the
request of the Chairperson of the Commission, the
head of the Federal Agency shall furnish the infor-
mation to the Commission.
(2) EXCEPTION.—Paragraph (1) shall not
apply to any information that the Commission is
prohibited to secure or request by another law.
(d) MAIL.—The Commission may use the United
States mail in the same manner and under the same con-
ditions as the other Federal agencies.
SEC. 208. REPORTS.
(a) DRAFT REPORT.—
(1) IN GENERAL.—Not later than the expira-
tion of the 1-year period beginning on the date of
the enactment of this Act, the Commission shall pre-
pare and publish a draft report containing the find-
ings, conclusions and recommendations of the Com-
mission.
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(2) DISTRIBUTION.—The Commission shall dis-
tribute such report to appropriate Federal and
American Samoan agencies and shall make such re-
port available to members of the public upon re-
quest.
(3) SOLICITATION OF COMMENTS.—The Com-
mission shall solicit written comments from the Fed-
eral and American Samoan agencies and other per-
sons to which copies of such report are distributed
under paragraph (2).
(b) FINAL REPORT.—Not later than the expiration
of the 9-month period beginning on the date of the publi-
cation of the report required by subsection (a)(1), the
Commission shall submit to the President and the Con-
gress a final report, which shall include—
(1) a detailed statement of the findings and
conclusions made by the Commission after consider-
ation of the comments received by the Commission
under subsection (a)(3);
(2) the recommendations of the Commission for
legislative and administrative actions that the Com-
mission determines to be appropriate; and
(3) copies of all written comments received by
the Commission under subsection (a)(3).
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SEC. 209. DEFINITIONS.
For the purpose of this Act:
(1) The term ‘‘American Samoan’’ has the
meaning given the term ‘‘native American Samoan’’
in section 4 of Public Law 100–571 (16 U.S.C.
410qq–3).
(2) The term ‘‘Commission’’ means the Amer-
ican Samoa Study Commission established in section
3.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
are necessary to carry out the provisions of this Act.
SEC. 211. TERMINATION.
The Commission shall terminate not later than the
expiration of the 60-day period beginning on the date on
which the Commission submits its final report under sec-
tion 8.
TITLE III—AMERICAN SAMOA ECONOMIC
DEVELOPMENT ACT OF 1995
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘American Samoa Eco-
nomic Development Act of 1996’’.
SEC. 302. FINDINGS.
The Congress finds that—
(1) funding for the United States territory of
American Samoa has been based on the joint resolu-
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tion entitled ‘‘Joint Resolution to provide for accept-
ing, ratifying, and confirming cessions of certain is-
sues of the Samoan group to the United States, and
for other purposes’’, as amended (48 U.S.C. 1661),
with commitments being made on a yearly basis;
(2) American Samoa is locally self-governing
with a constitution of its own adoption and the di-
rect election of the Governor since 1977;
(3) the territory of American Samoa has had
difficulty in planning and implementing comprehen-
sive and sustainable infrastructure based solely on
annual ad hoc grants; and
(4) the territory of American Samoa and the
United States would benefit from a multi-year fund-
ing commitment which promotes economic develop-
ment and self-sufficiency, and requires compliance
with financial management accounting standards,
the establishment of semiautonomous public utility
authorities utilizing cost-recovery principles, and the
phaseout of Federal subsidies for Government oper-
ations.
SEC. 303. AUTHORIZATION OF FUNDING.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of the Interior for the Govern-
ment of American Samoa $10,000,000 for each of fiscal
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years 1998 through 2003. Such amounts shall be used for
construction and repair of capital assets of American
Samoa.
(b) MULTI-YEAR
AVAILABILITY
OF
APPROPRIA-
TIONS.—Amounts not expended in the year appropriated
shall remain available until expended.
TITLE IV—INSULAR AREAS
CONSOLIDATION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Insular Areas Consoli-
dation Act of 1996’’.
SEC. 402. ADDITIONS TO TERRITORY OF AMERICAN SAMOA.
(a) IN GENERAL.—The Territory of American Samoa
shall include Baker Island, Jarvis Island, and Howland
Island.
(b) JURISDICTION.—The islands specified in sub-
section (a) shall be subject to the jurisdiction of the Terri-
tory of American Samoa to the same extent as and in the
same manner that such jurisdiction applies to all other
areas within the territory.
(c) RIGHTS OF THE UNITED STATES.—The inclusion
of islands, appurtenant reefs, and territorial waters in the
Territory of American Samoa by this section shall be sub-
ject to existing rights of use, ownership, management, and
operation by the Government of the United States.
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SEC. 403. CONFORMING AMENDMENTS.
SEC. 404. USE OF ISLANDS, REEF, AND ATOLLS.
No provision of this title shall be construed as con-
gressional approval, suggestion, or intent to alter, change,
affect, or reduce the current use of any of the islands,
reef, or atolls specified in section 302(a).
SEC. 405. ADDITIONS CONTINGENT UPON ACCEPTANCE BY
TERRITORY OF AMERICAN SAMOA.
(a) ACCEPTANCE BY TERRITORY
OF AMERICAN
SAMOA.—Sections 302 and 303 shall not take effect un-
less the Governor and Legislature of American Samoa cer-
tify to the President that the Territory of American
Samoa accepts all of the islands, reefs, and atolls referred
to in section 302(a).
(b) PROCLAMATION BY PRESIDENT.—Not later than
30 days after receiving the last certification described in
subsection (a), the President shall issue a proclamation
of the new geographical jurisdiction of American Samoa.
(c) EFFECTIVE DATE.—Sections 302 and 303 shall
take effect upon the issuance of the proclamation de-
scribed in subsection (b).
SEC. 406. DEFINITIONS.
For purposes of this title:
(1) BAKER ISLAND.—The term ‘‘Baker Island’’
means all of the islands and appurtenant reefs at
the parallel of 0 degrees, 11 to 13 minutes, of lati-
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tude north of the Equator and at the meridian of
176 degrees, 27 to 30 minutes, of longitude west of
Greenwich, England, and the territorial waters of
such islands and reefs.
(2) HOWLAND
ISLAND.—The term ‘‘Howland
Island’’ means all of the island and appurtenant
reefs at the paralled of 0 degrees, 45 to 50 minutes,
of latitude north of the Equator and at the meridian
of 176 degrees, 37 to 39 minutes, of longitude west
of Greenwich, England, and the territorial waters of
such islands and reef.
(3) JARVIS ISLAND.—The term ‘‘Jarvis Island’’
means all of the islands and appurtenant reefs at
the paralled of 0 degrees, 22 to 24 minutes, of lati-
tude south of the Equator and at the meridian of
160 degrees, 0 to 3 minutes, of longitude west of
Greenwich, England, and the territorial waters of
such islands and reef.
TITLE V—AMERICAN SAMOA CAPITAL
INFRASTRUCTURE FUND
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘American Samoa Cap-
ital Infrastructure Fund Act’’.
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SEC. 502. AMENDMENT OF SUBSECTION 703(a) OF PUBLIC
LAW 94–241.
The second sentence of subsection 703(a) of Public
Law 94–241, as amended, is hereby amended to read as
follows: ‘‘Funds provided under Section 702 will be consid-
ered to be local revenues when used as the local share re-
quired to obtain federal programs and services.’’
TITLE VI—GUAM LAND RETURN ACT
SEC. 601. SHORT TITLE.
This Act may be cited as the ‘‘Guam Land Return
Act’’.
SEC. 602. OPPORTUNITY FOR GUAM TO ACQUIRE EXCESS
REAL PROPERTY IN GUAM.
The Organic Act of Guam (48 U.S.C. 1421 et seq.)
is amended by adding at the end the following new title:
‘‘SEC. xx. (a) At least 180 days before transferring
to any Federal agency excess real property located in
Guam, the Administrator of General Services shall notify
the government of Guam that the property is available
under this section.
‘‘(b) The Administrator shall transfer to the govern-
ment of Guam all right, title, and interest of the United
States in and to excess real property located in Guam,
by quit claim deed and without reimbursement, if the gov-
ernment of Guam, within 180 days after receiving notifica-
tion under subsection (a) regarding the property, notifies
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the Administrator that the government intends to acquire
the property under this section.
‘‘(c) For purposes of this action, the term ‘excess real
property’ means excess property (as that term is defined
in section 3 of the Federal Property and Administrative
Services Act of 1949, as in effect on the date of enactment
of the Guam Land Return Act) that is real property.’’.
SEC. 603. RELEASE OF LANDS FROM CONDITION ON DIS-
POSAL BY GUAM.
(a) IN GENERAL.—Section 818(b)(2) of Public Law
96–418 (94 Stat. 1782), relating to a condition on dis-
posal by Guam of lands conveyed to Guam by the United
States, shall have no force or effect and is repealed.
(b) EXECUTION OF INSTRUMENTS.—The Secretary
of the Navy and the Administrator of General Services
shall execute all instruments necessary to implement this
section.
TITLE VII—AMENDMENTS TO THE RE-
VISED ORGANIC ACT OF THE VIRGIN
ISLANDS.
SEC. 701. SHORT TITLE.
This Act may be cited as the ‘‘Revised Organic Act
of the Virgin Islands, amended’’.
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SEC. 702. AMENDING THE DEFINITION OF ‘‘TEMPORARY AB-
SENCE’’.
Section 7(a) of Public Law 90–496 (82 Stat. 839),
as amended, is further amended by adding at the end
thereof ‘‘As used in this section, the term ‘temporary ab-
sence’ shall not be construed as being physically absent
from the territory while on official Government business.’’.
SEC. 703. AMENDING SECTION 3 OF PUBLIC LAW 94–392.
Section 3 of Public Law 94–392 (90 Stat. 1195), as
amended, is further amended as follows:
(1) By inserting ‘‘hereinafter’’ between ‘‘obliga-
tions’’ and ‘‘issued’’.
(2) By deleting ‘‘priority for payment’’ and in-
serting in lieu thereof ‘‘a parity lien with every other
issue of bonds or other obligations hereinafter issued
for payment’’.
(3) By deleting ‘‘in the order of the date of
issue’’.
SEC. 704. CERTAIN BONDS EXEMPTED FROM PROVISIONS
OF SECTION 149 OF THE INTERNAL REVENUE
CODE OF 1986, AS AMENDED.
The provision of section 149(d)(3)(A)(i)(I) and
149(d)(2) of the Internal Revenue Code of 1986, as
amended, shall not apply to bonds issued—
(1) by an authority created by statute of the
Virgin Islands legislature, the proceeds of which will
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be used to advance refund certain bonds issued by
such authority on July 8, 1992; or
(2) by an authority created by statute of the
Virgin Islands legislature, the proceeds of which will
be used to advance refund certain bonds issued by
such authority on November 3, 1994.
SEC. 705. APPLICATION OF AMENDMENTS IN SECTIONS 703
AND 704.
The amendments made by sections 703 and 704 shall
apply to obligations issued on or after the date of enact-
ment of this title.
TITLE VIII. COMMISSION ON THE ECO-
NOMIC FUTURE OF THE VIRGIN IS-
LANDS
SEC. 801. ESTABLISHMENT AND MEMBERSHIP.
(a) There is hereby established a Commission on the
Economic Future of the Virgin Islands (the ‘‘Commis-
sion’’). The Commission shall consist of six members ap-
pointed by the President, two of whom shall be selected
from nominations made by the Governor of the Virgin Is-
lands. The President shall designate one of the members
of the Commission to be Chairman.
(b) In addition to the six members appointed under
paragraph (1), the Secretary of the Interior shall be an
ex-officio member of the Commission.
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(c) Members of the Commission appointed by the
President shall be persons who by virtue of their back-
ground and experience are particularly suited to contrib-
ute to achievement of the purposes of the Commission.
(d) Members of the Commission shall serve without
compensation, but shall be reimbursed for travel, subsist-
ence and other necessary expenses incurred by them in
the performance of their duties.
(e) Any vacancy in the Commission shall be filled in
the same manner as the original appointment was made.
SEC. 802. PURPOSE AND REPORT.
(a) The purpose of the Commission is to make rec-
ommendations to the President and Congress on the poli-
cies and programs 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 Gov-
ernment in providing for that future. In developing rec-
ommendations, the Commission shall—
(1) solicit information and advice from persons
and entities that the Commission determines have
expertise to assist the Commission in its work;
(2) examine and analyze historical data since
1970 on expenditures for infrastructure and serv-
ices;
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(3) analyze the sources of funds for such ex-
penditures;
(4) assemble relevant demographic and eco-
nomic data, including trends and projects for the fu-
ture; and
(5) estimate future needs of the Virgin Islands,
including needs for capital improvements, edu-
cational needs and social, health and environmental
requirements.
(b) The recommendations of the Commission shall be
transmitted 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 December 1, 1997. The
recommendations shall be accompanied by a report that
sets forth the basis for the recommendations and includes
an analysis of the capability of the Virgin Islands to meet
projected needs based on reasonable alternative economic,
political and social conditions in the Caribbean, including
the opening in the near future of Cuba to trade, tourism
and development.
SEC. 803. POWERS.
(a) The Commission may—
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(1) hold such hearings, sit and act at such
times and places, take such testimony and receive
such evidence as it may deem advisable;
(2) use the United States mail in the same
manner and upon the same conditions as other de-
partments and agencies of the United States;
(3) enter into contracts or agreements for stud-
ies and surveys with public and private organizations
and transfer funds to Federal agencies to carry out
such aspects of the Commission’s functions as the
Commission determines can best be carried out in
such manner; and
(4) incur such necessary expenses and exercise
such other powers as are consistent with and reason-
ably required to perform its functions.
(b) The Secretary of the Interior shall provide such
office space, furnishings and equipment as may be re-
quired to enable the Commission to perform its functions.
The Secretary shall also furnish the Commission with such
staff, including clerical support, as the Commission may
require and shall provide to the Commission financial and
administrative services, including those relating to budget-
ing, accounting, financial reporting, personnel and pro-
curement.
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(c) The President, upon request of the Commission,
may direct the head of any Federal agency or department
to assist the Commission and if so directed such head
shall—
(1) furnish the Commission to the extent per-
mitted by law and within available appropriations
such information as may be necessary for carrying
out the functions of the Commission and as may be
available to or procurable by such department or
agency; and
(2) detail to temporary duty with the Commis-
sion on a reimbursable basis such personnel within
his administrative jurisdiction as the Commission
may need or believe to be useful for carrying out its
functions, each such detail to be without loss of se-
niority, pay or other employee status.
SEC. 804. CHAIRMAN.
Subject to general policies that the Commission may
adopt, the Chairman of the Commission shall be the chief
executive officer of the Commission and shall exercise its
executive and administrative powers. The Chairman may
make such provisions as he may deem appropriate author-
izing the performance of his executive and administrative
functions by the staff of the Commission.
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SEC. 805. APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this sec-
tion.
SEC. 806. TERMINATION.
The Commission shall terminate three months after
the transmission of the report and recommendations under
subsection (b)(2).
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