[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 638 Reported in Senate (RS)]





                                                       Calendar No. 134

104th CONGRESS

  1st Session

                                 S. 638

                          [Report No. 104-101]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for United States insular areas, and for 
                            other purposes.

_______________________________________________________________________

                June 30 (legislative day, June 19), 1995

                       Reported with an amendment





                                                       Calendar No. 134
104th CONGRESS
  1st Session
                                 S. 638

                          [Report No. 104-101]

 To authorize appropriations for United States insular areas, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 28 (legislative day, March 27), 1995

  Mr. Murkowski (by request) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                June 30 (legislative day, June 19), 1995

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

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for United States insular areas, and for 
                            other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Insular Development Act of 
1995''.</DELETED>

<DELETED>SEC. 2. NORTHERN MARIANA ISLANDS.</DELETED>

<DELETED>    There is authorized to be appropriated to the Secretary of 
the Interior for the Commonwealth of the Northern Mariana Islands 
$6,140,000, backed by the full faith and credit of the United States, 
for each of fiscal years 1996 through 2001, for capital improvement 
projects in the environmental, health, and public safety areas, 
administration and enforcement of immigration and labor laws, and 
contribution toward costs of the compacts of free association (for the 
same duration and purposes as are applied to Guam in Public Law 99-239 
as amended by section 3 of this Act).</DELETED>

<DELETED>SEC. 3. IMPACT OF THE COMPACT.</DELETED>

<DELETED>    Paragraph (6) of subsection (e) of section 104 of Public 
Law 99-239 (99 Stat. 1770, 48 U.S.C. 1681 note), is amended by striking 
everything after the word ``after'' and inserting in lieu thereof the 
following language: ``September 30, 1995, and ending September 30, 
2001, $4,580,000 annually, backed by the full faith and credit of the 
United States, for Guam, as a contribution toward costs that result 
from increased demands for education and social program benefits by 
immigrants from the Marshall Islands, the Federated States of 
Micronesia, and Palau.''.</DELETED>

<DELETED>SEC. 4. CAPITAL INFRASTRUCTURE.</DELETED>

<DELETED>    There is authorized to be appropriated to the Secretary of 
the Interior $17,000,000 for each fiscal year beginning after September 
30, 1995, and ending September 30, 2001, backed by the full faith and 
credit of the United States, for grants for capital infrastructure 
construction in American Samoa, Guam, and the United States Virgin 
Islands: Provided, That the annual grant to American Samoa shall not 
exceed $15,000,000 and the annual grants for Guam and the United States 
Virgin Islands shall not exceed $3,000,000 each.</DELETED>

<DELETED>SEC. 5. CAPITAL INFRASTRUCTURE FUNDING REQUIREMENTS.</DELETED>

<DELETED>    (a) No funds shall be granted under this Act for capital 
improvement projects without the submission by the respective 
government of a master plan of capital needs that--</DELETED>
        <DELETED>    (1) ranks proposed projects in order of priority, 
        and</DELETED>
        <DELETED>    (2) has been reviewed and approved by the 
        Department of the Interior and the United States Army Corps of 
        Engineers.</DELETED>
<DELETED>The insular areas' individual master plans, with comments, 
shall be presented in the Department of the Interior's annual report on 
the state of the Islands, and shall be the basis for any requests for 
capital improvement funding through the Department of the Interior or 
the Congress.</DELETED>
<DELETED>    (b) Each grant by the Department of the Interior shall 
include a five percent payment into a trust fund, to be administered by 
the Governor (as trustee) of the territory in which the project is 
located, solely for the maintenance of such project. No funds shall be 
paid pursuant to a grant under subsection (a) of this section without 
the prior appropriation and payment by the respective territorial 
government to the trustee, of an amount equal to the Federal 
contribution for maintenance of the project. A maintenance plan 
covering the anticipated life of each project shall be adopted by the 
Governor of the respective insular area and approved by the Department 
of the Interior before any grant payment for construction is released 
by the Department of the Interior.</DELETED>
<DELETED>    (c) The capital infrastructure funding authorized under 
this Act is authorized to be extended for an additional three-year 
phaseout period: Provided, That each grant during the additional period 
contains a dollar sharing by each grantee and the grantor in the 
following ratios: 25/75 percent for the first year, 50/50 percent for 
the second year, 75/25 percent for the third year: Provided further, 
That funding for capital infrastructure for the Commonwealth of the 
Northern Mariana Islands shall not exceed $3,000,000 annually during 
the period of such extension.</DELETED>

<DELETED>SEC. 6. REPEAL.</DELETED>

<DELETED>    Effective after September 30, 1995, no additional funds 
shall be made available under subsection (b) of section 4 of Public Law 
94-241 (90 Stat. 263, 48 U.S.C. 1681 note), and such subsection is 
repealed.</DELETED>
SECTION 1. TERRITORIAL AND FREELY ASSOCIATED STATE INFRASTRUCTURE 
              ASSISTANCE.

    Section 4(b) of Public Law 94-241 (90 Stat. 263) as added by 
section 10 of Public Law 99-396 (99 Stat. 837, 841) is amended by 
deleting ``until Congress otherwise provides by law.'' and inserting in 
lieu thereof: ``except that, for fiscal years 1996 and thereafter, 
payments to the Commonwealth of the Northern Mariana Islands pursuant 
to the multi-year funding agreements contemplated under the Covenant 
shall be limited to the amounts set forth in the Agreement of the 
Special Representatives on Future Federal Financial Assistance of the 
Northern Mariana Islands, executed on December 17, 1992 between the 
special representative of the President of the United States and 
special representatives of the Governor of the Northern Mariana Islands 
and shall be subject to all the requirements of such Agreement with any 
additional amounts otherwise made available under this section in any 
fiscal year and not required to meet the schedule of payments set forth 
in the Agreement to be provided as set forth in subsection (c) until 
Congress otherwise provides by law.
    ``(c) The additional amounts referred to in subsection (b) shall be 
made available to the Secretary for obligation as follows:
            ``(1) for fiscal year 1996, all such amounts shall be 
        provided for capital infrastructure projects in American Samoa; 
        and
            ``(2) for fiscal years 1997 and thereafter, all such 
        amounts shall be available solely for capital infrastructure 
        projects in Guam, the Virgin Islands, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        Palau, the Federated States of Micronesia and the Republic of 
        the Marshall Islands: Provided, That, in fiscal year 1997, $3 
        million of such amounts shall be made available to the College 
        of the Northern Marianas and beginning in fiscal year 1997, and 
        in each year thereafter, not to exceed $3 million may be 
        allocated, as provided in Appropriation Acts, to the Secretary 
        of the Interior for use by Federal agencies or the Commonwealth 
        of the Northern Mariana Islands to address immigration, labor, 
        and law enforcement issues in the Northern Mariana Islands, 
        including, but not limited to detention and corrections needs. 
        The specific projects to be funded shall be set forth in a 
        five-year plan for infrastructure assistance developed by the 
        Secretary of the Interior in consultation with each of the 
        island governments and updated annually and submitted to the 
        Congress concurrent with the budget justifications for the 
        Department of the Interior. In developing and updating the five 
        year plan for capital infrastructure needs, the Secretary shall 
        indicate the highest priority projects, consider the extent to 
        which particular projects are part of an overall master plan, 
        whether such project has been reviewed by the Corps of 
        Engineers and any recommendations made as a result of such 
        review, the extent to which a set-aside for maintenance would 
        enhance the life of the project, the degree to which a local 
        cost-share requirement would be consistent with local economic 
        and fiscal capabilities, and may propose an incremental set-
        aside, not to exceed $2 million per year, to remain available 
        without fiscal year limitation, as an emergency fund in the 
        event of natural or other disasters to supplement other 
        assistance in the repair, replacement, or hardening of 
        essential facilities: Provided further, That the cumulative 
        amount set aside for such emergency fund may not exceed $10 
        million at any time.
    ``(d) Within the amounts allocated for infrastructure pursuant to 
this section, and subject to the specific allocations made in 
subsection (c), additional contributions may be made, as set forth in 
Appropriation Acts, to assist in the resettlement of Rongelap Atoll: 
Provided, That the total of all contributions from any Federal source 
after January 1, 1995 may not exceed $32 million and shall be 
contingent upon an agreement, satisfactory to the President, that such 
contributions are a full and final settlement of all obligations of the 
United States to assist in the resettlement of Rongelap Atoll and that 
such funds will be expended solely on resettlement activities and will 
be properly audited and accounted for. In order to provide such 
contributions in a timely manner, each Federal agency providing 
assistance or services, or conducting activities, in the Republic of 
the Marshall Islands, is authorized to make funds available, through 
the Secretary of the Interior, to assist in the resettlement of 
Rongelap. Nothing in this subsection shall be construed to limit the 
provision of ex gratia assistance pursuant to section 105(c)(2) of the 
Compact of Free Association Act of 1985 (Public Law 99-239, 99 Stat. 
1770, 1792) including for individuals choosing not to resettle at 
Rongelap, except that no such assistance for such individuals may be 
provided until the Secretary notifies the Congress that the full amount 
of all funds necessary for resettlement at Rongelap has been 
provided.''.

SEC. 2. FEDERAL MINIMUM WAGE.
    Effective thirty days after the date of enactment of this Act, the 
minimum wage provisions, including, but not limited to, the coverage 
and exemptions provisions, of section 6 of the Fair Labor Standards Act 
of June 25, 1938 (52 Stat. 1062), as amended, shall apply to the 
Commonwealth of the Northern Mariana Islands, except--
            (a) on the effective date, the minimum wage rate applicable 
        to the Commonwealth of the Northern Mariana Islands shall be 
        $2.75 per hour;
            (b) effective January 1, 1996, the minimum wage rate 
        applicable to the Commonwealth of the Northern Mariana Islands 
        shall be $3.05 per hour;
            (c) effective January 1, 1997 and every January 1 
        thereafter, the minimum wage rate shall be raised by thirty 
        cents per hour or the amount necessary to raise the minimum 
        wage rate to the wage rate set forth in section 6(a)(1) of the 
        Fair Labor Standards act, whichever is less; and
            (d) once the minimum wage rate is equal to the wage rate 
        set forth in section 6(a)(1) of the Fair Labor Standards Act, 
        the minimum wage rate applicable to the Commonwealth of the 
        Northern Mariana Islands shall thereafter be the wage rate set 
        forth in section 6(a)(1) of the Fair Labor Standards Act.

SEC. 3. REPORT.

    The Secretary of the Interior, in consultation with the Attorney 
General and Secretaries of Treasury, Labor and State, shall report to 
the Congress by the March 15 following each fiscal year for which funds 
are allocated pursuant to section 4(c) of Public Law 94-241 for use by 
Federal agencies or the Commonwealth to address immigration, labor or 
law enforcement activities. The report shall include but not be limited 
to--
            (1) pertinent immigration information provided by the 
        Immigration and Naturalization Service, including the number of 
        non-United States citizen contract workers in the CNMI, based 
        on data the Immigration and Naturalization Service may require 
        of the Commonwealth of the Northern Mariana Islands on a 
        semiannual basis, or more often if deemed necessary by the 
        Immigration and Naturalization Service,
            (2) the treatment and conditions of non-United States 
        citizen contract workers, including foreign government 
        interference with workers' ability to assert their rights under 
        United States law,
            (3) the effect of laws of the Northern Mariana Islands on 
        Federal interests,
            (4) the adequacy of detention facilities in the Northern 
        Mariana Islands,
            (5) the accuracy and reliability of the computerized alien 
        identification and tracking system and its compatibility with 
        the system of the Immigration and Naturalization Service, and
            (6) the reasons why Federal agencies are unable or 
        unwilling to fully and effectively enforce Federal laws 
        applicable within the Commonwealth of the Northern Mariana 
        Islands unless such activities are funded by the Secretary of 
        the Interior.

SEC. 4. IMMIGRATION COOPERATION.

    The Commonwealth of the Northern Mariana Islands and the 
Immigration and Naturalization Service shall cooperate in the 
identification and, if necessary, exclusion or deportation from the 
Commonwealth of the Northern Mariana Islands of persons who represent 
security or law enforcement risks to the Commonwealth of the Northern 
Mariana Islands or the United States.

SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT IN THE MARIANAS.

    (a) Section 8103(i) of title 46 of the United States Code is 
amended by renumbering paragraph (3) as paragraph (4) and by adding a 
new paragraph (3) as follows:
            ``(3) Notwithstanding any other provision of this 
        subsection, any alien allowed to be employed under the 
        immigration laws of the Commonwealth of the Northern Mariana 
        Islands (CNMI) may serve as an unlicensed seaman on a fishing, 
        fish processing, or fish tender vessel that is operated 
        exclusively from a port within the CNMI and within the 
        navigable waters and exclusive economic zone of the United 
        States surrounding the CNMI. Pursuant to 46 U.S.C. 8704, such 
        persons are deemed to be employed in the United States and are 
        considered to have the permission of the Attorney General of 
        the United States to accept such employment: Provided, That 
        paragraph (2) of this subsection shall not apply to persons 
        allowed to be employed under this paragraph.''.
    (b) Section 8103(i)(1) of title 46 of the United States
 Code is amended by deleting ``paragraph (3) of this subsection'' and 
inserting in lieu thereof ``paragraph (4) of this subsection''.

SEC. 6. CLARIFICATION OF OWNERSHIP OF SUBMERGED LANDS IN THE 
              COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

    Public Law 93-435 (88 Stat. 1210), as amended, is further amended 
by--
            (a) striking ``Guam, the Virgin Islands'' in section 1 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands'' each place the 
        words appear;
            (b) striking ``Guam, American Samoa'' in section 2 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, American Samoa''; and
            (c) striking ``Guam, the Virgin Islands'' in section 2 and 
        inserting in lieu thereof ``Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands.''.
    With respect to the Commonwealth of the Northern Mariana Islands, 
references to ``the date of enactment of this Act'' or ``date of 
enactment of this subsection'' contained in Public Law 93-435, as 
amended, shall mean the date of enactment of this section.

SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT.

    The Secretary of the Interior shall submit to the Congress, 
annually, a ``State of the Islands'' report on American Samoa, Guam, 
the United States Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, the Republic of Palau, the Republic of the Marshall 
Islands, and the Federated States of Micronesia that includes basic 
economic development information, data on direct and indirect Federal 
assistance, local revenues and expenditures, employment and 
unemployment, the adequacy of essential infrastructure and maintenance 
thereof, and an assessment of local financial management and 
administrative capabilities, and Federal efforts to improve those 
capabilities.

SEC. 8. TECHNICAL CORRECTION.

    Section 501 of Public Law 95-134 (91 Stat. 1159, 1164), as amended, 
is further amended by deleting ``the Trust Territory of the Pacific 
Islands,'' and inserting in lieu thereof ``the Republic of Palau, the 
Republic of the Marshall Islands, the Federated States of 
Micronesia,''.
S 638 RS----2