[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 187 Introduced in House (IH)]
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 Representatives 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 certain 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 American 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 Commission--
(1) to study and evaluate all factors that led to American
Samoa's historical and present political status and
relationship with the United States, including--
(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 Samoa's political
status and relationship with the United States compared to
relationships such as commonwealth, 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 status and relationship with
the United States; and
(4) to study and evaluate the impact of American 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 individuals
recommended by the Governor of American Samoa; and
(B) 1 member appointed from among individuals
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 available in appropriation Acts, $150 for each day
(including travel time) during which the member is engaged in
the actual performance of the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (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 benefits 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 hearings.
(f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
(g) Meetings.--
(1) Initial meeting.--Not later than the expiration 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 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 Director, who shall be
appointed by the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, 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 competitive 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 General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary 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 Commission shall
conduct at least 1 hearing at any location 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 regarding the date, location, and topic
of each meeting, and shall take other actions as the Commission
considers necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this Act.
(c) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request 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 conditions as other Federal agencies.
SEC. 8. REPORTS.
(a) Draft Report.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this Act,
the Commission shall prepare and publish a draft report
containing the findings, conclusions, and recommendations of
the Commission.
(2) Distribution.--The Commission shall distribute such
report to appropriate Federal and American Samoan agencies and
shall make such report available to members of the public upon
request.
(3) Solicitation of comments.--The Commission shall solicit
written comments from the Federal and American Samoan agencies
and other persons 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 publication of the report required
by subsection (a)(1), the Commission shall submit to the President and
the Congress a final report, which shall include--
(1) a detailed statement of the findings and conclusions
made by the Commission after consideration of the comments
received by the Commission under subsection (a)(3);
(2) the recommendations of the Commission for legislative
and administrative actions that the Commission 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 American 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 section 8.
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