[Congressional Record Volume 143, Number 8 (Tuesday, January 28, 1997)]
[Senate]
[Pages S734-S738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Akaka):
  S. 210. 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; to the Committee on Energy and Natural Resources.


                         Amendment Legislation

  Mr. MURKOWSKI. Mr. President, I send to the desk for appropriate 
referral legislation dealing with the several issues of the territories 
of the United States and the freely associated States. This is 
legislation that is similar to measures reported by the Committee on 
Energy and Natural Resources at the end of the last Congress and could 
not be considered prior to adjournment, although we had managed to work 
out the text with both the House and the administration. I want to 
acknowledge the contribution of the staff of the Energy and Natural 
Resources Committee, as well as the Resource Committee in the House as 
well.
  Section 1 of the legislation proposed will extend the agriculture and 
food programs that the United States provides for the populations on 
the atolls in the Marshall Islands affected by the nuclear testing 
program for an additional 5 years.
  The support program was initiated under the trusteeship and continued 
under the Compact of Free Association for a limited time period. 
Unfortunately, the atolls are not yet capable of fully supporting the 
populations, and an additional extension time is necessary.
  The amendment will also alter the program to reflect changes in 
population since the effective date of the compact. I visited many of 
these areas last year and certainly concur with the recommendations in 
section 1.
  Section 2 of the legislation would repeal a provision of law dealing 
with the American Memorial Park in Saipan that would permit the 
government of the Commonwealth to take over the park. While I think 
some transfer could be considered of the marina area if the 
Commonwealth were interested, I think that the actual war memorial and 
interpretive areas should remain under the jurisdiction of the National 
Park Service during the remainder of the lease.
  Section 3 of the legislation makes a series of technical amendments 
to permit each of the three educational institutions in the freely 
associated States to operate independently as land grant institutions 
rather than having to operate as a College of Micronesia.
  I visited that college and was very impressed with the dedication and 
the commitment of those who were responsible for education as well as 
the people of the area. They are very proud of that institution. I can 
tell you, Mr. President, there is a tremendous sacrifice being made to 
foster higher education in the College of Micronesia.
  These amendments, as we propose, reflect the new status of the 
representative Republic of Palau, the Federated States of Micronesia, 
and the Republic of the Marshall Islands and were requested by the 
President of the College of Micronesia-FSM when Senator Akaka and I 
visited the campus last year.
  Section 4, hopefully, will resolve a different issue and one that is 
difficult for Guam relating to the disposal of real property that the 
Department of Defense no longer needs for military purposes. These 
lands were acquired by the United States for defense purposes after 
World War II when Guam had been liberated from occupation by Japan and 
while Guam was a closed defense area.

[[Page S735]]

  We have the residents of Guam and their attitude where they have 
indicated that they are prepared to support the Federal Government of 
the United States as they are a territory, but did so with the 
expectation--in other words, the people of Guam expected that those 
lands, if no longer needed for defensive purposes, would be returned to 
either public or private ownership in Guam.
  The Department of Defense presently owns about one-third of Guam, 
although we have been able to return several parcels over the past few 
years. As part of the discussion on the Commonwealth, the 
administration had agreed to similar general transfer language, but 
when we considered this legislation last year, the Fish and Wildlife 
Service testified in opposition. The Fish and Wildlife Service, in 
testifying in opposition, said that they had a desire to acquire some 
portions for a wildlife refuge.
  I am going to talk a little bit about the U.S. Fish and Wildlife 
Services' interest in acquiring this refuge because I think there is a 
lack of continuity that deserves some examination.
  I am not going to go into the curious presentation from the Service 
at our hearing or the question that they are unwilling to expend any of 
their own money on the eradication of the brown snake, which has 
virtually overrun the island, but only note they were able to block any 
agreement on land transfer previously.
  What I am proposing this year is a general transfer authorization for 
all lands except those within the proposed overlay that would be a 
refuge overlay that are identified on a map that is subject to transfer 
only by statute. That, hopefully, will release the other lands to Guam.
  No specific disposition is recommended for the other lands, and 
Congress will consider them on a parcel-by-parcel basis as they become 
surplus to defensive needs. This will allow both Guam and the Fish and 
Wildlife Service to make their case, assuming both want the lands, or 
anyone else.
  I note that Congress, not the Executive, has the plenary authority 
under the Constitution to deal with territories and with the disposal 
of Federal properties. So it is appropriate that Congress--Congress--
decide on the disposition of these lands when the time is right. And I 
think the time is right. The people of Guam have waited long enough.
  I also note that this is the only method I can think of that will 
guarantee the Government of Guam an opportunity to participate in the 
process. I hope that the administration will support the public 
process.
  One of the inconsistencies here in this land that is in dispute, 
approximately 2,000 acres that is held by the Department of Defense--
clearly the defensive requirements are no longer pertinent that 
necessitate the Department of Defense to hold this land. So it is 
basically surplus land. The U.S. Fish and Wildlife Service, in its 
interest in acquiring the land, the rationale is to protect the various 
species on the island and maintain a natural habitat. Some of the 
species may be facing endangerment.

  The inconsistency here is the U.S. Fish and Wildlife Service's 
inability to address what is eradicating many of the species that are 
in decline and may be in danger. That is the brown snake. The island is 
virtually overrun with the brown snake. The U.S. Fish and Wildlife 
Service refuses to initiate any action to eradicate the brown snake, 
which is really causing the decline in various other species that are 
unique to the island.
  So I think it is fair to say that the U.S. Fish and Wildlife Service 
has been somewhat irresponsible in its obligation to address the 
perpetrator causing the decline of the various birdlife on Guam and 
other species because the ferociousness of the brown snake is such that 
it has really taken over the island. And they refuse to spend any of 
their own money.
  I had an opportunity to visit with the Governor of Guam. We had an 
evening at his residence. He brought several of the brown snakes in 
cages and gave us a little rundown of what the brown snakes were doing 
in overrunning Guam and the inability of the U.S. Fish and Wildlife 
Service to meet its obligation to address any type of control, of 
predator-type control, to reduce and eliminate this.
  So I think it is fair to say the U.S. Fish and Wildlife Service has 
had its opportunity. They cannot justify taking land and just holding 
it in a habitat without addressing their obligation to try to enhance 
the species native to Guam by eradicating the brown snake. So until 
they come up with some kind of realistic program, I do not have much 
sympathy for their claim for further land.
  I think this land should go to the Commonwealth of Guam and be 
disposed of under the legislative jurisdiction by the elected people of 
Guam and get on with it. I intend to pursue that with a great deal of 
energy to ensure that we see that land transferred over to Guam for 
their disposition and designation as they see fit. I think they are the 
most appropriate ones to address some procedure relative to the concern 
of the brown snake and its continued expansion over the land mass of 
Guam.
  Section 5 of the legislation--I might add further, the Fish and 
Wildlife Service testified last year that they had 18 listed species on 
Guam. I am told that three are extinct and five more no longer occur on 
Guam. At the rate that the Fish and Wildlife Service is dealing with 
the brown snake, this will be probably the only refuge dedicated to an 
extinct species.
  I think that says something about the stewardship of the U.S. Fish 
and Wildlife Service with regard to the unique species that were native 
to Guam, and now the brown snake has taken over and that seems to be 
taking care of whatever is left. But the Fish and Wildlife Service 
continues to, I think, neglect its responsibility.
  Moving on, section 5 of the legislation, Mr. President, makes a 
technical change in statutes dealing with drug enforcement to provide 
equal treatment for all the territories as we contemplated when the 
original act passed.
  Section 6 of the legislation would make two changes to the Revised 
Organic Act of the Virgin Islands. The first would authorize the 
issuance of parity rather than priority bonds secured by the Rum fund--
an authority generally available in the States; and the second would 
provide that the Governor would retain his authority when absent from 
the territory on official business, which is often the case.
  Section 7 of the legislation provides for an economic study 
commission for the Virgin Islands. I think the idea of a study on what 
the future holds is important and timely. I want to emphasize that I 
want this commission to focus directly and quickly on realistic 
economic alternatives that are helpful to the Virgin Islands and the 
Congress and not produce a theoretical tome to gather dust on a shelf.
  Section 8 clarifies the availability of assistance from the Public 
Health Service in the radiation related medical surveillance and 
treatment programs provided under section 177(b) of the Compact of Free 
Association in the Republic of the Marshall Islands to persons directly 
exposed as a result of the nuclear testing program in the Marshall 
Islands.
  We observed those areas when we were over there last year, as well as 
meeting with the people. I think this is an appropriate action.
  Section 9 would clarify that residents of the freely associated 
States who are lawfully admitted to the United States under the Compact 
of Free Association are eligible for assistance under certain programs. 
This assistance had been provided before the effective date of the 
Compact under the Trusteeship and subsequently until a particularly 
strained and convoluted interpretation by attorneys who demonstrated a 
questionable familiarity with English created a problem. As usual, the 
answer was that the interpretation didn't make a lot of sense and was 
contrary to past practice, but if Congress disagreed, it could clarify 
the law. Well I disagree and this language should clarify the law. One 
problem that was raised is that under current law, aliens are given a 
preference over United States citizens and that creates inequities in 
small areas like Guam and the Commonwealth of the Northern Mariana 
Islands. The answer, of course, is to treat residents of the freely 
associated States like United States citizens, not to fabricate a legal 
opinion to deny them benefits altogether. Section 9

[[Page S736]]

would provide equal but not preferential treatment, and I think that is 
fully in line with our intent under the Compact in encouraging 
residents of the freely associated States to come to the United States 
for work and study.
  Section 10 would provide the consent of the United States to two 
amendments to the Hawaiian Homes Commission Act as required by the 
Admissions Act for the State of Hawaii. This language was requested by 
the administration and is supported by the Hawaii delegation and I'm 
pleased to say by my colleagues, Senators Inouye and Akaka.
  Section 11 would provide for an economic study commission for 
American Samoa similar to that provided for the Virgin Islands. Like 
the Virgin Islands Commission, the Secretary of the Interior will be a 
voting member ex officio in recognition of his responsibilities. Given 
the unique cultural situation in American Samoa and the importance of 
land tenure and Matai rights, three of the seven members of the 
commission will come from nominations by the Governor. Unlike the 
Virgin Islands, American Samoa still relies on annual appropriations 
for both operations and infrastructure, and the commission is directed 
to focus on the needs in those areas over the next decade and look to 
ways to minimize that dependence. As part of its report, the commission 
is directed to provide an historical overview of the relationship 
between American Samoa and the United States and include copies of 
relevant documents in an appendix to the report. I want to emphasize 
that this is an overview and I do not want the commission to depart 
from its focus on what economic opportunities exist to replicate 
scholarly studies. There are certain constraints on economic 
development in American Samoa as a result of its status outside the 
customs territory of the United States, for example, and that needs to 
be noted.
  Mr. President, the Committee on Energy and Natural Resources plans to 
hold a hearing on this legislation on February 6. I hope to be able to 
report the measure and have it considered by the Senate prior to the 
February recess. I hope that the administration will support this 
measure, although I know they dislike commissions and studies. I am not 
a great fan of them either, but from time to time a fresh look at a 
problem can be useful. I do not want these commissions to go beyond 
their limited life and I want them to produce something useful. I hope 
the administration will agree with the unique circumstances surrounding 
these provisions and the need for them. and recognize the obligation 
that we have to these areas under the Organic Act of Guam and the 
revised Organic Act of the Virgin Islands and the Compact of Free 
Association Act that mandates an oversight and continued responsibility 
by the Federal Government.

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                                 S. 210

       Be it enacted by the Senate and the 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 Collage 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, and 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 amendments 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 role of the Federal Government. In 
     developing recommendations, the Commission shall--
       (A) solicit and analyze information on projected private 
     sector development and shifting tourism trends based on 
     alternative forecasts of economic, political and social 
     conditions in the Caribbean;
       (B) analyze capital infrastructure, education, social, 
     health, and environmental needs in light of these alternative 
     forecasts; and
       (C) assemble relevant demographic, economic, and revenue 
     and expenditure data from over the past twenty-five years.

[[Page S737]]

       (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 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 three 
     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 citizen 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 twenty-five 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;
       (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

[[Page S738]]

     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.
       (f) Termination. The Commission shall terminate three 
     months after the transmission of the report and 
     recommendations under subsection (c)(2).
                                 ______