[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 210

To amend the Organic Act of Guam, the Revised Organic Act of the Virgin 
    Islands, and the Compact of Free Association Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1997

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

_______________________________________________________________________

                                 A BILL


 
To amend the Organic Act of Guam, the Revised Organic Act of the Virgin 
    Islands, and the Compact of Free Association Act, 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. 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 
other than real property identified on map ____________ and dated 
________ as land subject to transfer only by statute, the Administrator 
of General Services Administration 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 quit claim 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.
    ``(4) With respect to any real property identified on the map 
referenced in paragraph (1) of this subsection, such property may not 
be transferred to another Federal agency or out of Federal ownership 
except pursuant to an Act of Congress specifically identifying such 
property.''.

SEC. 5. 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. 6. 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 amendment made by subsection (b) shall apply 
to obligations issued on or after the date of enactment of this 
section.

SEC. 7. 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 actions necessary to provide for a secure and self-
        sustaining future for the local economy of the Virgin Islands 
        through 2020 and on the rule 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 alternate forecasts; and
                    (C) assemble relevant demographic, economic, and 
                revenue and expenditure data from over the past 25 
                years.
            (2) The recommendations of the Commission shall be 
        transmitted in a report to the President, the Committee on 
        Energy and Natural Resources of the United States Senate and 
        the Committee on Resource of the United States House of 
        Representatives no later than June 30, 1999. 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 
        possible effect of expansion in the near future of Cuba in 
        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 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) 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) 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.--There is hereby authorized to be appropriated to the 
Secretary of the Interior such sums as may be necessary, but not to 
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and 
1999 for the work of the Commission.
    (f) Termination.--The Commission shall terminate 3 months after the 
transmission of the report and recommendations under subsection (b)(2).

SEC. 8. PUBLIC HEALTH SERVICE PHYSICIANS.

    The Secretary of Health and Human Services shall provide, on a non-
reimbursable basis, assistance for 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. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

    (a) 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 Governments of the Marshall Islands, the 
        Federated States of Micronesia (48 U.S.C. 1901 note) and Palau 
        (48 U.S.C. 1931 note) while the applicable section is in 
        effect: Provided, That, within Guam and the Commonwealth of the 
        Northern Mariana Islands any such alien shall not be entitled 
        to a preference in receiving assistance under this Act over any 
        United States citizens or national resident therein who is 
        otherwise eligible for such assistance.''.

SEC. 10. CONSENT TO HAWAIIAN HOMES COMMISSION ACT AMENDMENTS.

    As required by section 4 of the Act entitled ``An Act to provide 
for the admission to 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, and
            (2) Act 37 of the Session Laws of Hawaii, 1994.

SEC. 11. AMERICAN SAMOA STUDY COMMISSION.

    (a) Short Title.--This section may be cited as ``The American Samoa 
Development Act of 1997''.
    (b) Establishment and Membership.--
            (1) There is hereby established a Commission on the 
        Economic Future of American Samoa (the ``Commission''). The 
        Commission shall consist of six members appointed by the 
        President, three of whom shall be selected from nominations 
        made by the Governor of American Samoa, and the Secretary of 
        the Interior ex officio. The President shall designate one of 
        the appointed members of the Commission to be Chairman.
            (2) 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.
            (3) 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.
            (4) Any vacancy in the Commission shall be filled in the 
        same manner as the original appointment was made.
    (c) Purpose and Report.--
            (1) 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 American Samoa 
        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, including, but not limited 
                to, tourism, manufacturing and industry, agriculture, 
                and transportation and shifting trends based on 
                alternative forecasts of economic, political and social 
                conditions in the Pacific;
                    (B) analyze capital infrastructure, education, 
                social, health, and environmental needs in light of 
                these alternative forecasts;
                    (C) assemble relevant demographic, economic, and 
                revenue and expenditure data from over the past 25 
                years;
                    (D) review the application of Federal laws and 
                programs and the effects of such laws and programs on 
                the local economy and make such recommendations for 
                changes in the application as the Commission deems 
                advisable; and
                    (E) consider the impact of Federal trade and other 
                international agreements, including, but not limited to 
                those related to marine resources, on American Samoa 
                and make such recommendations as may be necessary to 
                minimize or eliminate any adverse effects on the local 
                economy.
            (2) The recommendations of the Commission shall be 
        transmitted in a report 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, 1999. The report shall 
        set forth the basis for the recommendations and include an 
        analysis of the capability of American Samoa to meet projected 
        needs based on reasonable alternative economic, political and 
        social conditions in the Pacific Basin. The report shall also 
        include projections of the need for direct or indirect Federal 
        assistance for operations and infrastructure over the next 
        decade and what additional assistance will be necessary to 
        develop the local economy to a level sufficient to minimize or 
        eliminate the need for direct Federal operational assistance. 
        As part of the report, the Commission shall also include an 
        overview of the history of American Samoa and its relationship 
        to the United States from 1872 with emphasis on those events or 
        actions that affect future economic development and shall 
        include, as an appendix to its report, copies of the relevant 
        historical documents, including, but not limited to, the 
        Convention of 1899 (commonly referred to as the Tripartite 
        Treaty) and the documents of cession of 1900 and 1904.
    (d) 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: Provided, That the 
                Commission shall conduct public meetings in Tutuila, 
                Ofu, Olosega, and Tau;
                    (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) 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) 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.
    (e) 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.
    (f) Funding.--There are hereby authorized to be appropriated to the 
Secretary of the Interior such sums as may be necessary, but not to 
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and 
1999 for the work of the Commission.
    (g) Termination.--The Commission shall terminate 3 months after the 
transmission of the report and recommendations under subsection (c)(2).
                                 <all>