[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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