[Congressional Record Volume 141, Number 118 (Thursday, July 20, 1995)]
[Senate]
[Pages S10440-S10442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               INSULAR AREAS APPROPRIATIONS AUTHORIZATION

  Mr. HATFIELD. Mr. President, I ask unanimous consent that the Senate 
now turn to the consideration of Calendar No. 134, S. 638, regarding 
the insular areas, that the committee substitute be agreed to, that the 
bill be read for a third time, and passed, and the motion to reconsider 
be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senate proceeded to consider the bill (S. 638) to authorize 
appropriations for United States insular areas, and for other purposes, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     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 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 

[[Page S10441]]
     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,''.

       So the bill (S. 638), as amended, was read for the third 
     time and passed as follows:
                                 S. 638

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

     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 

[[Page S10442]]
     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,''.
     

                          ____________________