I
103D CONGRESS
1ST SESSION
H. R. 187
To establish the American Samoa Study Commission.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. FALEOMAVAEGA introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To establish the American Samoa Study Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Samoa
Study Commission Act’’.
SEC. 2. 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 2 treaties ratified 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 bases of Amer-
ican Samoa’s status and political relationship with
the United States, including—
(A) a determination of American Samoa’s
present political relationship with the United
States compared to other relationships such as
commonwealth, free association, and covenant;
and
(B) an examination of whether the treaties
of cession created trust obligations to American
Samoa on the part of the United States; and
(4) the economic and social needs of American
Samoa are substantially affected by the nature of
American Samoa’s political status and relationship
with the United States.
(5) The need for a comprehensive study also of
Swains Island.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
‘‘American Samoa Study Commission’’.
SEC. 4. DUTIES.
(a) IN GENERAL.—It shall be the duty of the Com-
mission—
(1) to study and evaluate all factors that led to
American Samoa’s historical and present political
status and relationship with the United States, in-
cluding—
(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 status and relationship with the United
States;
(2) to determine the nature of American Sa-
moa’s political status and relationship with the Unit-
ed States compared to relationships such as com-
monwealth, free association, and covenant, and the
extent to which the treaties of cession created trust
obligations to American Samoa on the part of the
United States;
(3) to determine whether a single document is
needed to set forth American Samoa’s political sta-
tus and relationship 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.
(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. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 5 members appointed as follows:
(1) 3 members appointed by the Secretary of
the Interior, including—
(A) 1 member appointed from among indi-
viduals recommended by the Governor of Amer-
ican Samoa; and
(B) 1 member appointed from among indi-
viduals recommended by the legislature of the
Territorial government of American Samoa.
(2) 1 member appointed by the Speaker of the
House of Representatives.
(3) 1 member appointed by the President of the
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 appropriation Acts, $150 for each day (in-
cluding travel time) during which the member is en-
gaged 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.
(d) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
(e) QUORUM.—3 members of the Commission shall
constitute a quorum, but a lesser number may hold hear-
ings.
(f) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of the Commission shall be
elected by the members.
(g) MEETINGS.—
(1) INITIAL MEETING.—Not later than the expi-
ration of the 90-day period beginning on the date of
the enactment of this Act, the Secretary of the Inte-
rior shall call the initial meeting of the members 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. 6. 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
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 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.
SEC. 7. 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, location, and topic of each meet-
ing, and shall take other actions as the Commission
considers necessary to obtain, to the maximum ex-
tent practicable, public participation in the hearings.
(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 re-
quest of the Chairperson or Vice Chairperson of the
Commission, the head of the Federal agency shall
furnish the information 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) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 8. 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.
(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).
SEC. 9. DEFINITIONS.
For purposes 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. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $200,000 to
carry out this Act.
SEC. 11. 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.
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