[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.