[Congressional Record Volume 160, Number 95 (Wednesday, June 18, 2014)]
[Senate]
[Pages S3821-S3824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OMNIBUS TERRITORIES ACT OF 2013
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 352, S. 1237.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1237) to improve the administration of programs
in the insular areas, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Territories Act of
2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendments to the Consolidated Natural Resources Act.
Sec. 4. Study of electric rates in the insular areas.
Sec. 5. Reports on estimates of revenues.
Sec. 6. Low-income home energy assistance program.
Sec. 7. Guam War Claims Review Commission.
Sec. 8. Improvements in HUD assisted programs.
Sec. 9. Benefit to cost ratio study for projects in American Samoa.
Sec. 10. Waiver of local matching requirements.
Sec. 11. Fishery endorsements.
Sec. 12. Effects of Minimum Wage differentials in American Samoa.
Sec. 13. Office of National Drug Control Policy.
Sec. 14. Drivers' licenses and personal identification cards.
SEC. 3. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT.
Section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (Public Law 94-241; 90
Stat. 263, 122 Stat. 854), is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``December 31, 2014,
except as provided in subsections (b) and (d)'' and inserting
``December 31, 2019''; and
(B) by striking paragraph (6), and inserting the following:
``(6) Certain education funding.--
``(A) In general.--In addition to fees charged pursuant to
section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356 (m)) to recover the full costs of providing
adjudication services, the Secretary of Homeland Security
shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is
issued a permit under subsection (d) of this section during
the transition program. Such supplemental fee shall be paid
into the Treasury of the Commonwealth government for the
purpose of funding ongoing vocational educational curricula
and program development by Commonwealth educational entities.
``(B) Plan for the expenditure of funds.--At the beginning
of each fiscal year, and prior to the payment of the
supplemental fee into the Treasury of the Commonwealth
government in that fiscal year, the Commonwealth government
must provide to the Secretary of Labor, a plan for the
expenditure of funds received under this paragraph, a
projection of the effectiveness of these expenditures in the
placement of United States workers into jobs, and a report on
the changes in employment of United States workers
attributable to prior year expenditures.
``(C) Report.--The Secretary of Labor shall report to the
Congress every 2 years on the effectiveness of meeting the
goals set out by the Commonwealth government in its annual
plan for the expenditure of funds.''; and
(2) in subsection (d)--
(A) in the third sentence of paragraph (2), by striking
``not to extend beyond December 31, 2014, unless extended
pursuant to paragraph 5 of this subsection'' and inserting
``ending on December 31, 2019'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5).
SEC. 4. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.
(a) Definitions.--In this section:
(1) Comprehensive energy plan.--The term ``comprehensive
energy plan'' means a comprehensive energy plan prepared and
updated under subsections (c) and (e) of section 604 of the
Act entitled ``An Act to authorize appropriations for certain
insular areas of the United States, and for other purposes'',
approved December 24, 1980 (48 U.S.C. 1492).
(2) Energy action plan.--The term ``energy action plan''
means the plan required by subsection (d).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(4) Insular areas.--The term ``insular areas'' means
American Samoa, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, Guam, and the Virgin Islands.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Team.--The term ``team'' means the team established by
the Secretary under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall, within the
Empowering Insular Communities activity, establish a team of
technical, policy, and financial experts--
(1) to develop an energy action plan addressing the energy
needs of each of the insular areas and Freely Associated
States; and
(2) to assist each of the insular areas and Freely
Associated States in implementing such plan.
[[Page S3822]]
(c) Participation of Regional Utility Organizations.--In
establishing the team, the Secretary shall consider including
regional utility organizations.
(d) Energy Action Plan.--In accordance with subsection (b),
the energy action plan shall include--
(1) recommendations, based on the comprehensive energy plan
where applicable, to--
(A) reduce reliance and expenditures on fuel shipped to the
insular areas and Freely Associated States from ports outside
the United States;
(B) develop and utilize domestic fuel energy sources; and
(C) improve performance of energy infrastructure and
overall energy efficiency;
(2) a schedule for implementation of such recommendations
and identification and prioritization of specific projects;
(3) a financial and engineering plan for implementing and
sustaining projects; and
(4) benchmarks for measuring progress toward
implementation.
(e) Reports to Secretary.--Not later than 1 year after the
date on which the Secretary establishes the team and annually
thereafter, the team shall submit to the Secretary a report
detailing progress made in fulfilling its charge and in
implementing the energy action plan.
(f) Annual Reports to Congress.--Not later than 30 days
after the date on which the Secretary receives a report
submitted by the team under subsection (e), the Secretary
shall submit to the appropriate committees of Congress a
summary of the report of the team.
(g) Approval of Secretary Required.--The energy action plan
shall not be implemented until the Secretary approves the
energy action plan.
SEC. 5. REPORTS ON ESTIMATES OF REVENUES.
The Comptroller General of the United States shall submit
to the appropriate committees of Congress a report that--
(1) evaluates whether the annual estimates or forecasts of
revenue and expenditure of American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the Virgin Islands
are reasonable; and
(2) as the Comptroller General of the United States
determines to be necessary, makes recommendations for
improving the process for developing estimates or forecasts.
SEC. 6. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
With respect to fiscal years 2014 through 2017, the
percentage described in section 2605(b)(2)(B)(i) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(b)(2)(B)(i)) shall be 300 percent when applied to
households located in the Virgin Islands.
SEC. 7. IMPROVEMENTS IN HUD ASSISTED PROGRAMS.
Section 214(a)(7) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking
``such alien'' and all that follows through the period at the
end and inserting ``citizen or national of the United States
shall be entitled to a preference or priority in receiving
assistance before any such alien who is otherwise eligible
for such assistance.''.
SEC. 8. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN AMERICAN
SAMOA.
(a) Study.--The Comptroller General of the United States
shall conduct a study regarding the use of benefit-to-cost
ratio formulas by Federal departments and agencies for
purposes of evaluating projects in American Samoa.
(b) Contents.--In conducting the study, the Comptroller
General shall--
(1) assess whether the benefit-to-cost ratio formulas
described in subsection (a) take into consideration--
(A) the remote locations in, and the cost of transportation
to and from, American Samoa; and
(B) other significant factors that are not comparable to
locations within the 48 contiguous States; and
(2) assess, in particular, the use of benefit-to-cost ratio
formulas by--
(A) the Secretary of Transportation with respect to airport
traffic control tower programs; and
(B) the Secretary of the Army, acting through the Corps of
Engineers, with respect to a harbor project or other water
resources development project.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
SEC. 9. FISHERY ENDORSEMENTS.
Section 12113 of title 46, United States Code, is amended
by adding at the end the following:
``(j) Certain Exemption.--Paragraph (3) of subsection (a)
shall not apply to any vessel--
``(1) that offloads its catch in part or full in American
Samoa; and
``(2) that was rebuilt outside of the United States before
January 1, 2011.''.
SEC. 10. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN AMERICAN
SAMOA.
Section 8104 of the Fair Minimum Wage Act of 2007 (29
U.S.C. 206 note) is amended by adding at the end the
following:
``(c) Effects of Minimum Wage Differentials in American
Samoa.--The reports required under this section shall include
an analysis of the economic effects on employees and
employers of the differentials in minimum wage rates among
industries and classifications in American Samoa under
section 697 of title 29, Code of Federal Regulations,
including the potential effects of eliminating such
differentials prior to the time when such rates are scheduled
to be equal to the minimum wage set forth in section 6(a)(1)
of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).''.
SEC. 11. OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Caribbean Border Counternarcotics Strategy.--The Office
of National Drug Control Policy shall develop a biennial
Caribbean Border Counternarcotics Strategy, that is made
available to the public, with emphasis on the borders of
Puerto Rico and the Virgin Islands of the United States, on
terms substantially equivalent to the existing Southwest
Border Counternarcotics Strategy and the Northern Border
Counternarcotics Strategy.
(b) Amendment.--Section 704(b)(13)(B) of the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1703(b)(13)(B)) is amended by inserting ``the borders
of Puerto Rico and the Virgin Islands of the United States
and'' after ``in particular''.
SEC. 12. DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) Definition of State.--Section 201(5) of the REAL ID Act
of 2005 (49 U.S.C. 30301 note; Public Law 109-13) is amended
by striking ``the Trust Territory of the Pacific Islands,''.
(b) Evidence of Lawful Status.--Section 202(c)(2)(B) of the
REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109-13)
is amended--
(1) in clause (viii), by striking ``or'' after the
semicolon at the end;
(2) in clause (ix), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(x) is a citizen of the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau
who has been admitted to the United States as a nonimmigrant
pursuant to a Compact of Free Association between the United
States and the Republic or Federated States.''.
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be considered, the Murkowski amendment,
which is at the desk, be agreed to, the substitute amendment, as
amended, be agreed to, the bill, as amended, be read a third time and
passed, and the motion to reconsider be considered made and laid upon
the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3288) was agreed to, as follows:
(Purpose: To remove certain sections.)
Beginning on page 63, strike line 14 and all that follows
through page 75, line 22.
On page 75, line 23, strike ``8'' and insert ``7''.
On page 76, line 6, strike ``9'' and insert ``8''.
Beginning on page 77, strike line 12 and all that follows
through page 78, line 17.
On page 78, line 18, strike ``11'' and insert ``9''.
On page 79, line 3, strike ``12'' and insert ``10''.
On page 79, line 18, strike ``13'' and insert ``11''.
On page 80, line 8, strike ``14'' and insert ``12''.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 1237), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1237
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Territories Act of
2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendments to the Consolidated Natural Resources Act.
Sec. 4. Study of electric rates in the insular areas.
Sec. 5. Reports on estimates of revenues.
Sec. 6. Low-income home energy assistance program.
Sec. 7. Improvements in HUD assisted programs.
Sec. 8. Benefit to cost ratio study for projects in American Samoa.
Sec. 9. Fishery endorsements.
Sec. 10. Effects of Minimum Wage differentials in American Samoa.
Sec. 11. Office of National Drug Control Policy.
Sec. 12. Drivers' licenses and personal identification cards.
SEC. 3. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT.
Section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (Public Law 94-241; 90
Stat. 263, 122 Stat. 854), is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``December 31, 2014,
except as provided in subsections (b) and (d)'' and inserting
``December 31, 2019''; and
(B) by striking paragraph (6), and inserting the following:
[[Page S3823]]
``(6) Certain education funding.--
``(A) In general.--In addition to fees charged pursuant to
section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356 (m)) to recover the full costs of providing
adjudication services, the Secretary of Homeland Security
shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is
issued a permit under subsection (d) of this section during
the transition program. Such supplemental fee shall be paid
into the Treasury of the Commonwealth government for the
purpose of funding ongoing vocational educational curricula
and program development by Commonwealth educational entities.
``(B) Plan for the expenditure of funds.--At the beginning
of each fiscal year, and prior to the payment of the
supplemental fee into the Treasury of the Commonwealth
government in that fiscal year, the Commonwealth government
must provide to the Secretary of Labor, a plan for the
expenditure of funds received under this paragraph, a
projection of the effectiveness of these expenditures in the
placement of United States workers into jobs, and a report on
the changes in employment of United States workers
attributable to prior year expenditures.
``(C) Report.--The Secretary of Labor shall report to the
Congress every 2 years on the effectiveness of meeting the
goals set out by the Commonwealth government in its annual
plan for the expenditure of funds.''; and
(2) in subsection (d)--
(A) in the third sentence of paragraph (2), by striking
``not to extend beyond December 31, 2014, unless extended
pursuant to paragraph 5 of this subsection'' and inserting
``ending on December 31, 2019'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5).
SEC. 4. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.
(a) Definitions.--In this section:
(1) Comprehensive energy plan.--The term ``comprehensive
energy plan'' means a comprehensive energy plan prepared and
updated under subsections (c) and (e) of section 604 of the
Act entitled ``An Act to authorize appropriations for certain
insular areas of the United States, and for other purposes'',
approved December 24, 1980 (48 U.S.C. 1492).
(2) Energy action plan.--The term ``energy action plan''
means the plan required by subsection (d).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(4) Insular areas.--The term ``insular areas'' means
American Samoa, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, Guam, and the Virgin Islands.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Team.--The term ``team'' means the team established by
the Secretary under subsection (b).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall, within the
Empowering Insular Communities activity, establish a team of
technical, policy, and financial experts--
(1) to develop an energy action plan addressing the energy
needs of each of the insular areas and Freely Associated
States; and
(2) to assist each of the insular areas and Freely
Associated States in implementing such plan.
(c) Participation of Regional Utility Organizations.--In
establishing the team, the Secretary shall consider including
regional utility organizations.
(d) Energy Action Plan.--In accordance with subsection (b),
the energy action plan shall include--
(1) recommendations, based on the comprehensive energy plan
where applicable, to--
(A) reduce reliance and expenditures on fuel shipped to the
insular areas and Freely Associated States from ports outside
the United States;
(B) develop and utilize domestic fuel energy sources; and
(C) improve performance of energy infrastructure and
overall energy efficiency;
(2) a schedule for implementation of such recommendations
and identification and prioritization of specific projects;
(3) a financial and engineering plan for implementing and
sustaining projects; and
(4) benchmarks for measuring progress toward
implementation.
(e) Reports to Secretary.--Not later than 1 year after the
date on which the Secretary establishes the team and annually
thereafter, the team shall submit to the Secretary a report
detailing progress made in fulfilling its charge and in
implementing the energy action plan.
(f) Annual Reports to Congress.--Not later than 30 days
after the date on which the Secretary receives a report
submitted by the team under subsection (e), the Secretary
shall submit to the appropriate committees of Congress a
summary of the report of the team.
(g) Approval of Secretary Required.--The energy action plan
shall not be implemented until the Secretary approves the
energy action plan.
SEC. 5. REPORTS ON ESTIMATES OF REVENUES.
The Comptroller General of the United States shall submit
to the appropriate committees of Congress a report that--
(1) evaluates whether the annual estimates or forecasts of
revenue and expenditure of American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the Virgin Islands
are reasonable; and
(2) as the Comptroller General of the United States
determines to be necessary, makes recommendations for
improving the process for developing estimates or forecasts.
SEC. 6. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
With respect to fiscal years 2014 through 2017, the
percentage described in section 2605(b)(2)(B)(i) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(b)(2)(B)(i)) shall be 300 percent when applied to
households located in the Virgin Islands.
SEC. 7. IMPROVEMENTS IN HUD ASSISTED PROGRAMS.
Section 214(a)(7) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking
``such alien'' and all that follows through the period at the
end and inserting ``citizen or national of the United States
shall be entitled to a preference or priority in receiving
assistance before any such alien who is otherwise eligible
for such assistance.''.
SEC. 8. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN AMERICAN
SAMOA.
(a) Study.--The Comptroller General of the United States
shall conduct a study regarding the use of benefit-to-cost
ratio formulas by Federal departments and agencies for
purposes of evaluating projects in American Samoa.
(b) Contents.--In conducting the study, the Comptroller
General shall--
(1) assess whether the benefit-to-cost ratio formulas
described in subsection (a) take into consideration--
(A) the remote locations in, and the cost of transportation
to and from, American Samoa; and
(B) other significant factors that are not comparable to
locations within the 48 contiguous States; and
(2) assess, in particular, the use of benefit-to-cost ratio
formulas by--
(A) the Secretary of Transportation with respect to airport
traffic control tower programs; and
(B) the Secretary of the Army, acting through the Corps of
Engineers, with respect to a harbor project or other water
resources development project.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
SEC. 9. FISHERY ENDORSEMENTS.
Section 12113 of title 46, United States Code, is amended
by adding at the end the following:
``(j) Certain Exemption.--Paragraph (3) of subsection (a)
shall not apply to any vessel--
``(1) that offloads its catch in part or full in American
Samoa; and
``(2) that was rebuilt outside of the United States before
January 1, 2011.''.
SEC. 10. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN AMERICAN
SAMOA.
Section 8104 of the Fair Minimum Wage Act of 2007 (29
U.S.C. 206 note) is amended by adding at the end the
following:
``(c) Effects of Minimum Wage Differentials in American
Samoa.--The reports required under this section shall include
an analysis of the economic effects on employees and
employers of the differentials in minimum wage rates among
industries and classifications in American Samoa under
section 697 of title 29, Code of Federal Regulations,
including the potential effects of eliminating such
differentials prior to the time when such rates are scheduled
to be equal to the minimum wage set forth in section 6(a)(1)
of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).''.
SEC. 11. OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Caribbean Border Counternarcotics Strategy.--The Office
of National Drug Control Policy shall develop a biennial
Caribbean Border Counternarcotics Strategy, that is made
available to the public, with emphasis on the borders of
Puerto Rico and the Virgin Islands of the United States, on
terms substantially equivalent to the existing Southwest
Border Counternarcotics Strategy and the Northern Border
Counternarcotics Strategy.
(b) Amendment.--Section 704(b)(13)(B) of the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1703(b)(13)(B)) is amended by inserting ``the borders
of Puerto Rico and the Virgin Islands of the United States
and'' after ``in particular''.
SEC. 12. DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) Definition of State.--Section 201(5) of the REAL ID Act
of 2005 (49 U.S.C. 30301 note; Public Law 109-13) is amended
by striking ``the Trust Territory of the Pacific Islands,''.
(b) Evidence of Lawful Status.--Section 202(c)(2)(B) of the
REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109-13)
is amended--
(1) in clause (viii), by striking ``or'' after the
semicolon at the end;
(2) in clause (ix), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(x) is a citizen of the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau
who has been admitted to the United States as a nonimmigrant
pursuant to a Compact of Free Association between the United
States and the Republic or Federated States.''.
[[Page S3824]]
____________________