[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1332 Received in Senate (RDS)]
104th CONGRESS
2d Session
H. R. 1332
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 1996
Received
_______________________________________________________________________
RESOLUTION
To make certain technical changes affecting United States territories,
and for other purposes.
Be it enacted by the Senate and House of Representatives 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 Governor or the
Lieutenant Governor, while on official business 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 revenue 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 inserting in
lieu thereof ``a parity lien with every other issue of bonds or
other obligations issued for payment''; 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 Governor of
the Virgin Islands. The President shall designate one of the
members of the Commission to be Chairman.
(2) Secretary of interior ex officio member.--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 President shall be persons who by
virtue of their background and experience are particularly
suited to contribute to achievement of the purposes of the
Commission.
(4) Compensation.--Members of the Commission shall serve
without compensation, but may be reimbursed for travel,
subsistence and other necessary expenses incurred by them in
the performance of their duties.
(5) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original 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 projected
private sector development and shifting tourism trends
based on alternative forecasts of economic, political,
and social conditions in the Caribbean;
(B) analyze capital infrastructure, education,
social, health, and environmental needs in light of
these alternative forecasts; and
(C) assemble relevant demographic, economic, and
revenue and expenditure data from over the past 25
years.
(2) Recommendations and report.--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 June 30, 1998. The report shall
set forth the basis for the recommendations and include 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 expansion in the near future of Cuba to trade, tourism, and
development.
(c) Powers.--
(1) In general.--The Commission may--
(A) hold such hearings, sit and act at such times
and places, take such testimony and receive such
evidence as it may deem advisable;
(B) use the United States mail in the same manner
and upon the same conditions as departments and
agencies of the United States; and
(C) within available funds, incur such expenses and
enter into contracts or agreements for studies and
surveys with public and private organizations and
transfer funds to Federal agencies to carry out the
Commission's functions.
(2) Technical and administrative support.--Within funds
available for the Commission, the Secretary of the Interior
shall provide such office space, furnishings, equipment, staff,
and fiscal and administrative services as the Commission may
require.
(3) Assistance from federal agencies.--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--
(A) furnish the Commission to the extent permitted
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
(B) detail to temporary duty with the Commission 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 seniority, pay
or other employee status.
(d) 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 authorizing the performance of his executive and
administrative functions by the staff of the Commission.
(e) Funding.--The Department of the Interior is authorized to
provide up to $300,000 in each of the fiscal years 1997 and 1998 in
technical assistance funding for the work of the Commission.
(f) Termination.--The Commission shall terminate three months after
the transmission of the report and recommendations 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 Representatives'' 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 ballot.''.
(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 Northern 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 certain 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 American 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 relationships 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 commission to be known
as the ``American Samoa Study Commission'' (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 relationship 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, treaties,
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 relationship 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 indeed treaties or
deeds and how such instruments are recognized under
international law; and
(E) to study and report on options available to
improve American Samoa's economic self-sufficiency,
given its remote location, limited land size, and
changing world economics.
(2) Consultation.--The Commission shall, to the maximum
extent practicable, consult with American Samoans in carrying
out the duties of the Commission under paragraph (1).
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of five members appointed as follows:
(A) Three members appointed by the Secretary of
Interior, including--
(i) one member appointed from among three
individuals nominated by the legislature 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 President of the
United States Senate.
(2) Terms.--Each member shall be appointed for the life of
the Commission.
(3) Compensation.--Members of the Commission shall serve
without compensation, but may be reimbursed for travel,
subsistence and other necessary expenses incurred by them in
the performance of their duties.
(4) Quorum.--Three members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(5) Chairperson; vice chairperson.--The chairperson and
vice chairperson of the Commission shall be elected by the
members.
(6) Meetings.--(A) Not later than the expiration 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 members of the Commission.
(B) 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 subparagraph (A).
(e) Technical and administrative support.--
(1) In general.--Within funds available for the Commission,
the Secretary of the Interior shall provide such office space,
furnishings, equipment, staff, and fiscal and administrative
services as the Commission may require.
(2) Assistance from federal agencies.--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--
(A) furnish the Commission to the extent permitted
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
(B) detail to temporary duty with the Commission 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 seniority, pay
or other employee status.
(f) Powers of Commission.--
(1) Hearings.--(A) The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times
and locations, take testimony, and receive evidence as the
Commission considers appropriate.
(B)(i) The Commission shall conduct at least 1 hearing at
any location on each of--
(I) Tutuila;
(II) Ofu;
(III) Olosega; and
(IV) Tau.
(ii) The Commission may conduct at least three separate
hearings in the United States at locations where significant
numbers of American Samoans reside.
(C) The Commission shall provide notice to the public of
the hearings referred to in subparagraphs (A) and (B),
including information regarding the date, topic and location of
the meeting, and shall take other actions as the Commission
considers necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
(2) 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
section.
(3) Obtaining official data.--(A) The Commission may secure
directly from any Federal agency and the Library of Congress
information necessary to enable it to carry out this section.
Upon the request of the Chairperson of the Commission, the head
of the Federal agency or Library of Congress shall furnish the
information to the Commission.
(B) Subparagraph (A) shall not apply to any information
that the Commission is prohibited to secure or request by
another law.
(4) Mail.--The Commission may use the United States mail in
the same manner and under the same conditions as the other
Federal agencies.
(g) Reports.--(1)(A) 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.
(B) 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.
(C) 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 subparagraph (B).
(2) Not later than the expiration of the 9-month period beginning
on the date of the publication of the report required by paragraph
(1)(A), the Commission shall submit to the President and the Congress a
final report, which shall include--
(A) a detailed statement of the findings and
conclusions made by the Commission after consideration
of the comments received by the Commission under
paragraph (1)(C);
(B) the recommendations of the Commission for
legislative and administrative actions that the
Commission determines to be appropriate; and
(C) copies of all written comments received by the
Commission under paragraph (1)(C).
(h) Definitions.--For the purposes of this section:
(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 subsection (b).
(i) Funding.--Subject to paragraph (2), the Department of the
Interior is authorized to provide up to $225,000 in each of the fiscal
years 1997 and 1998 in technical assistance funding for the work of the
Commission.
(2) Amounts provided pursuant to paragraph (1) may not exceed 75
percent of the total amount provided for the Commission and shall be
provided on a matching basis. The non-Federal share of such amount
shall be provided in cash by the Government of American Samoa.
(j) 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 subsection (g).
SEC. 9. HAWAIIAN HOMES COMMISSION.
That, as required by section 4 of the Act entitled ``An Act to
provide for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States consents to the
following amendments to the Hawaiian Homes Commission Act, 1920,
adopted by the State of Hawaii in the manner required for State
legislation:
(1) Act 339 of the Session Laws of Hawaii, 1993.
(2) Act 37 of the Session Laws of Hawaii, 1994.
Passed the House of Representatives September 28, 1996.
Attest:
ROBIN H. CARLE,
Clerk.