[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Reported in Senate (RS)]





                                                       Calendar No. 592

104th CONGRESS

  2d Session

                                S. 1804

_______________________________________________________________________

                                 A BILL

   To make technical and other changes to the laws dealing with the 
     territories and freely associated States of the United States.

_______________________________________________________________________

                           September 13, 1996

                       Reported with an amendment





                                                       Calendar No. 592
104th CONGRESS
  2d Session
                                S. 1804

   To make technical and other changes to the laws dealing with the 
     territories and freely associated States of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 1996

Mr. Murkowski (for himself, Mr. Johnston, and Mr. Akaka) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 13, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To make technical and other changes to the laws dealing with the 
     territories and freely associated States of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD 
              PROGRAMS.</DELETED>

<DELETED>    Paragraph (2) of subsection (h) of section 103 of Public 
Law 99-239, as amended, is further amended by striking the work ``ten'' 
and inserting in lieu thereof the word ``fifteen'' and by adding at the 
end of subparagraph (B) ``Such technical assistance, programs and 
services shall ensure, on an ongoing basis, that the commodities 
provided reflect the changes in the population that have occurred since 
the effective date of the Compact.''.</DELETED>

<DELETED>SEC. 2. AMERICAN MEMORIAL PARK.</DELETED>

<DELETED>    Section 5 of Public Law 95-348 is amended by striking 
subsection (f), and renumbering subsections (g) and (h) as subsections 
(f) and (g), respectively.</DELETED>

<DELETED>SEC. 3. TERRITORIAL LAND GRANT COLLEGES--TECHNICAL 
              AMENDMENT.</DELETED>

<DELETED>    Subsection (b) of section 1361 of Public Law 96-374 is 
amended by striking the words ``August 30, 1980 (7 U.S.C. 327), 
commonly referred to as the Second'' and inserting in lieu thereof the 
words ``July 2, 1862 (7 U.S.C. 305), commonly referred to as the 
First''.</DELETED>

<DELETED>SEC. 4. AMENDMENT TO THE GUAM ORGANIC ACT.</DELETED>

<DELETED>    The Organic Act of Guam (48 U.S.C. 1421 et seq.), as 
amended, is further amended by adding at the end thereof the following 
new section:</DELETED>
<DELETED>    ``Sec. 36. (a) At least 180 days before transferring to 
any Federal agency excess real property located in Guam, the 
Administrator of General Services shall notify the government of Guam 
that the property is available under this section.</DELETED>
<DELETED>    ``(b) The Administrator shall transfer to the government 
of Guam all right, title, and interest of the United States in and to 
excess real property located in Guam, by quit claim deed and without 
reimbursement, if the government of Guam, within 180 days after 
receiving notification under subsection (a) regarding the property, 
notifies the Administrator that the government of Guam intends to 
acquire the property under this section.</DELETED>
<DELETED>    ``(c) For purposes of this section, the term `excess real 
property' means excess property (as that term is defined in section 3 
of the Federal Property and Administrative Services Act of 1949, as in 
effect on the date of enactment of the Guam Land Return Act) that is 
real property.''.</DELETED>

<DELETED>SEC. 5. REPEAL OF LIMITATION ON USE OF LANDS BY THE GOVERNMENT 
              OF GUAM.</DELETED>

<DELETED>    (a) In General.--Section 818(b)(2) of Public Law 96-418 
(94 Stat. 1782), is repealed.</DELETED>
<DELETED>    (b) Execution of Instruments.--The Secretary of the Navy 
and the Administrator General Services shall execute all instruments 
necessary to implement this section.</DELETED>

<DELETED>SEC. 6. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.</DELETED>

<DELETED>    Section 901(a), Part 1, title I of the Act of June 19, 
1968 (42 U.S.C. 3791(a)), as amended, is further amended in paragraph 
(2) by changing the proviso to read as follows: ``(2) ``State'' means 
any State of the United States, the District of Columbia, The 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, 
and the Commonwealth of the Northern Mariana Islands.''</DELETED>

<DELETED>SEC. 7. AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN 
              ISLANDS.</DELETED>

<DELETED>    (a) Section 7(a) of Public Law 90-496 (82 Stat. 839), as 
amended, is further amended by adding at the end thereof ``As used in 
this section, the term `temporary absence' shall not be construed as 
being physically absent from the territory while on official Government 
business.'''</DELETED>
<DELETED>    (b) Section 3 of Public Law 94-392 (90 Stat. 1195), as 
amended, is further amended to read as follows--</DELETED>
        <DELETED>    (1) by inserting ``hereinafter'' between 
        ``obligations'' and ``issued'';</DELETED>
        <DELETED>    (2) by deleting ``priority for payment'' and 
        inserting in lieu thereof ``a parity lien with every other 
        issue of bonds or other obligations hereinafter issued for 
        payment''; and</DELETED>
        <DELETED>    (3) by deleting ``in the order of the date of 
        issue''.</DELETED>
<DELETED>    (c) The provisions of section 149(d)(3)(A)(i)(I) and 
149(d)(2) of the Internal Revenue Code of 1986, as amended, shall not 
apply to bonds issued--</DELETED>
        <DELETED>    (1) by an authority created by statute of the 
        Virgin Islands legislature, the proceeds of which will be used 
        to advance refund certain bonds issued by such authority on 
        July 8, 1992; or</DELETED>
        <DELETED>    (2) by an authority created by statute of the 
        Virgin Islands legislature, the proceeds of which will be used 
        to advance refund certain bonds issued by such authority on 
        November 3, 1994.</DELETED>
<DELETED>    (d) The amendments made by subsections (b) and (c) shall 
apply to obligations issued on or after the date of enactment of this 
section.</DELETED>

<DELETED>SEC. 8. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN 
              ISLANDS.</DELETED>

<DELETED>    (a) Establishment and Membership.--</DELETED>
        <DELETED>    (1) There is hereby established a Commission on 
        the Economic Future of the Virgin Islands (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.</DELETED>
        <DELETED>    (2) In addition to the six members appointed under 
        paragraph (1), the Secretary of the Interior shall be an ex-
        officio member of the Commission.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) Members of the Commission shall serve without 
        compensation, but shall be reimbursed for travel, subsistence 
        and other necessary expenses incurred by them in the 
        performance of their duties.</DELETED>
        <DELETED>    (5) Any vacancy in the Commission shall be filled 
        in the same manner as the original appointment was 
        made.</DELETED>
<DELETED>    (b) Purpose and Report.--</DELETED>
        <DELETED>    (1) The purpose of the Commission is to make 
        recommendations to the President and Congress on the policies 
        and programs 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 
        providing for that future. In developing recommendations, the 
        Commission shall--</DELETED>
                <DELETED>    (A) solicit information and advice from 
                persons and entities that the Commission determines 
                have expertise to assist the Commission in its 
                work;</DELETED>
                <DELETED>    (B) examine and analyze historical data 
                since 1970 on expenditures for infrastructure and 
                services;</DELETED>
                <DELETED>    (C) analyze the sources of funds for such 
                expenditures;</DELETED>
                <DELETED>    (D) assemble relevant demographic and 
                economic data, including trends and projects for the 
                future; and</DELETED>
                <DELETED>    (E) estimate future needs of the Virgin 
                Islands, including needs for capital improvements, 
                educational needs and social, health and environmental 
                requirements.</DELETED>
        <DELETED>    (2) 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 December 1, 1997. The recommendations shall be 
        accompanied by a report that sets forth the basis for the 
        recommendations and includes 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 opening in the near future of Cuba to 
        trade, tourism and development.</DELETED>
<DELETED>    (c) Powers.--</DELETED>
        <DELETED>    (1) The Commission may--</DELETED>
                <DELETED>    (A) hold such hearings, sit and act at 
                such times and places, take such testimony and receive 
                such evidence as it may deem advisable;</DELETED>
                <DELETED>    (B) use the United States mail in the same 
                manner and upon the same conditions as other 
                departments and agencies of the United 
                States;</DELETED>
                <DELETED>    (C) enter into contracts or agreements for 
                studies and surveys with public and private 
                organizations and transfer funds to Federal agencies to 
                carry out such aspects of the Commission's functions as 
                the Commission determines can best be carried out in 
                such manner; and</DELETED>
                <DELETED>    (D) incur such necessary expenses and 
                exercise such other powers as are consistent with and 
                reasonably required to perform its functions.</DELETED>
        <DELETED>    (2) The Secretary of the Interior shall provide 
        such office space, furnishings and equipment as may be required 
        to enable the Commission to perform its functions. The 
        Secretary shall also furnish the Commission with such staff, 
        including clerical support, as the Commission may require and 
        shall provide to the Commission financial and administrative 
        services, including those relating to budgeting, accounting, 
        financial reporting, personnel and procurement.</DELETED>
        <DELETED>    (3) 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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the purposes of 
this section.</DELETED>
<DELETED>    (f) Termination.--The Commission shall terminate three 
months after the transmission of the report and recommendations under 
subsection (b)(2).</DELETED>

SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD PROGRAMS.

    Section 103(h)(2) of the Compact of Free Association Act of 1985 
(48 U.S.C. 1903(h)(2) is amended by striking ``ten'' and inserting 
``fifteen'' and by adding at the end of subparagraph (B) the following: 
``The President shall ensure that the amount of commodities provided 
under these programs reflects the changes in the population that have 
occurred since the effective date of the Compact.''.

SEC. 2. AMERICAN MEMORIAL PARK.

    Section 5 of Public Law 95-348 is amended by striking subsection 
(f).

SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

    (a) Land Grant Status.--Section 506(a) of the Education Amendments 
of 1972 (Public Law 92-318, as amended; 7 U.S.C. 301 note) is amended 
by striking ``the College of Micronesia,'' and inserting ``the College 
of the Marshall Islands, the College of Micronesia-FSM, the Palau 
Community College,''.
    (b) Endowment.--The amount of the land grant trust fund 
attributable to the $3,000,000 appropriation for Micronesia authorized 
by the Education Amendments of 1972 (Public Law 92-318, as amended; 7 
U.S.C. 301 note) shall, upon enactment of this Act, be divided equally 
among the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau for the benefit of the College of 
the Marshall Islands, the College of Micronesia-FSM, and the Palau 
Community College.
    (c) Treatment.--Section 1361(c) of the Education Amendments of 1980 
(Public Law 96-374, as amended; 7 U.S.C. 301 note) is amended by 
striking ``and the Trust Territory of the Pacific Islands (other than 
the Northern Mariana Islands)'' and inserting ``the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the Republic 
of Palau''.

SEC. 4. AMENDMENT TO THE GUAM ORGANIC ACT.

    Section 28 of the Organic Act of Guam (48 U.S.C. 1421f) is amended 
by adding at the end the following new subsection:
    ``(d) Transfer of Excess Land.--(1) At least 180 days before 
transferring to any Federal agency excess real property located in 
Guam, the Administrator of General Services shall notify the government 
of Guam that the property is available under this section.
    ``(2) The Administrator shall transfer to the government of Guam 
all right, title, and interest of the United States in and to excess 
real property located in Guam, by quitclaim deed and without 
reimbursement, if the government of Guam, within 180 days after 
receiving notification under paragraph (1) regarding the property, 
notifies the Administrator that the government of Guam intends to 
acquire the property under this section.
    ``(3) For purposes of this subsection, the term `excess real 
property' means excess property (as that term is defined in section 3 
of the Federal Property and Administrative Services Act of 1949 that is 
real property.''.

SEC. 5. REPEAL OF LIMITATION ON USE OF LANDS BY THE GOVERNMENT OF GUAM.

    (a) In General.--Section 818(b)(2) of the Military Construction 
Act, 1981 (Public Law 96-418; 94 Stat. 1782), is repealed.
    (b) Execution of Instruments.--The Secretary of the Navy and the 
Administrator General Services shall execute all instruments necessary 
to implement this section.

SEC. 6. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

    Section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3791(a)(2)) is amended to read as follows:
            ``(2) `State' means any State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, and the Commonwealth of 
        the Northern Mariana Islands;''.

SEC. 7. AMENDMENTS TO THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS.

    (a) Temporary Absence of Officials.--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.''.
    (b) Priority of Bonds.--Section 3 of Public Law 94-392 (48 U.S.C. 
1574c) is amended--
            (1) by striking ``priority for payment'' and inserting ``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''.
    (c) Application.--The amendments made by subsection (b) shall apply 
to obligations issued on or after the date of enactment of this 
section.

SEC. 8. COMMISSION ON THE ECONOMIC FUTURE OF THE VIRGIN ISLANDS.

    (A) Establishment and Membership.--
            (1) There is hereby established a Commission on the 
        Economic Future of the Virgin Islands (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) 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 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) Members of the Commission shall serve without 
        compensation, but shall be reimbursed for travel, subsistence, 
        and other necessary expenses incurred by them in the 
        performance of their duties.
            (5) Any vacancy in the Commission shall be filled in the 
        same manner as the original appointment was made.
    (b) Purpose and Report.--
            (1) The purpose of the Commission is to make 
        recommendations to the President and Congress on the policies 
        and programs 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 
        providing for that future. In developing recommendations, the 
        Commission shall--
                    (A) solicit information and advice from persons and 
                entities that the Commission determines have expertise 
                to assist the Commission in its work;
                    (B) examine and analyze historical data since 1970 
                on expenditures for infrastructure and services;
                    (C) analyze the sources of funds for such 
                expenditures;
                    (D) assemble relevant demographic and economic 
                data, including trends and projects for the future; and
                    (E) estimate future needs of the Virgin Islands, 
                including needs for capital improvements, educational 
                needs and social, health and environmental 
                requirements.
            (2) 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 December 1, 1997. The recommendations shall be 
accompanied by a report that sets forth the basis for the 
recommendations and includes 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 opening in the near future of Cuba to trade, tourism and 
development.
    (c) Powers.--
            (1) 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 other departments and 
                agencies of the United States;
                    (C) enter into contracts or agreements for studies 
                and surveys with public and private organizations and 
                transfer funds to Federal agencies to carry out such 
                aspects of the Commission's functions as the Commission 
                determines can best be carried out in such manner; and
                    (D) incur such necessary expenses and exercise such 
                other powers as are consistent with and reasonably 
                required to perform its functions.
            (2) The Secretary of the Interior shall provide such office 
        space, furnishings and equipment as may be required to enable 
        the Commission to perform its functions. The Secretary shall 
        also furnish the Commission with such staff, including clerical 
        support, as the Commission may require and shall provide to the 
        Commission financial and administrative services, including 
        those relating to budgeting, accounting, financial reporting, 
        personnel and procurement.
            (3) 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) Appropriations.--There are authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this section.
    (f) Termination.--The Commission shall terminate three months after 
the transmission of the report and recommendations under subsection 
(b)(2).

SEC. 9. HOSPITAL TO SERVE THE REPUBLIC OF THE MARSHALL ISLANDS.

    The Secretary of the Interior shall, within 180 days after the date 
of the enactment of this section, submit a report to Congress on 
alternatives to provide adequate hospital services to the population of 
the Republic of the Marshall Islands. The report shall include a 
design, specifications, and cost estimates for a facility to be located 
on Majuro Atoll to provide such services. The Secretary may spend up to 
$200,000 from technical assistance funds available during the Fiscal 
Year ending September 30, 1997 to implement this section.

SEC. 10. PUBLIC HEALTH SERVICE PHYSICIANS.

    The Secretary of Health and Human Services shall provide, on a 
nonreimbursable basis, technical and training assistance to the 
Government of the Marshall Islands to carry out direct radiation 
related medical surveillance and treatment programs under section 
177(b) of the Compact of Free Association. Such programs may include 
the services of physicians, surgeons, dentists, nurses, and other 
health care practitioners.

SEC. 11. ELIGIBILITY FOR HOUSING ASSISTANCE.

    Section 214(a) of the Housing Community Development Act of 1980 (42 
U.S.C. 1436a(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) an alien who is lawfully resident in the United 
        States and its territories and possessions under section 141 of 
        the compacts of free association between the Government of the 
        United States and the Government of the Marshall Islands, 
        Federated States of Micronesia (48 U.S.C. 1901 note) and Palau 
        (48 U.S.C. 1931 note)--
                    ``(A) while the applicable section is in effect; 
                and
                    ``(B) to the extent that the alien was eligible to 
                receive financial assistance in 1994.''.

SEC. 12. RADIOLOGICAL HEALTH CARE PROGRAM.

    (a) Eligibility Limitation.--The President is authorized to 
negotiate an amendment to the Agreement Between the Government of the 
United States and the Government of the Marshall Islands for the 
Implementation of Section 177 of the Compact of Free Association to 
limit eligibility for radiological monitoring, medical surveillance, 
and treatment under section 177(b) of the Compact of Free Association 
to persons that were directly affected by the nuclear testing program 
conducted by the United States Government in the Marshall Islands 
between June 30, 1946, and August 18, 1958.
    (b) Inflation Adjustment.--If the Government of the Marshall 
Islands agrees to the amendment under subsection (a), the Secretary of 
Energy shall adjust the amount of the annual grant provided to the 
Government of the Marshall Island for health and medical programs under 
section 103(h)(1) of the Compact of Free Association by the percent 
which equals two-thirds of the percentage change in the United States 
Gross National Product Implicit Price Deflator, or 7 percent, whichever 
is less in any one year, using the beginning of fiscal year 1981 as the 
base--
            (1) notwithstanding the second sentence in section 
        103(h)(1) of the Compact of Free Association Act of 1985 (48 
        U.S.C. 1903(h)(2)); and
            (2) subject to appropriation.