[Senate Report 105-203]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 398
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-203
_______________________________________________________________________


 
ALLOWANCE FOR ELECTION OF THE DELEGATE FROM GUAM BY OTHER THAN SEPARATE 
                     BALLOT, AND FOR OTHER PURPOSES

                                _______
                                

                  June 5, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1460]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1460) to allow for election of the 
Delegate from Guam by other than separate ballot, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The legislation amends the Organic Act of Guam to remove 
the requirement that the Delegate be elected by a separate 
ballot. In addition, it provides a five year extension to the 
supplemental food assistance program for Enewetak and adjusts 
the program to reflect population changes.

                          Background and Need

    Guam Delegate: The southernmost of the Mariana Islands, 
Guam was discovered by Magellan and was a major port for the 
Spanish for the galleon trade from Acapulco to Manila. Guam was 
acquired by the United States from Spain at the end of the 
Spanish-American War and has a land area of 209 square miles. 
It was occupied by the Japanese during World War II and 
recently celebrated the 50th anniversary of the Liberation. The 
population is about 150,000. Guam is currently an organized, 
unincorporated territory. Local self-government was provided by 
the 1950 Organic Act which also extended citizenship to the 
residents. Legislation in 1968 provided for a popularly elected 
Governor and in 1972 for a non-voting delegate in the House. 
Congress has generally provided for a non-voting delegate for 
territories since 1974. At the present time, all territories, 
except for the Commonwealth of the Northern Mariana Islands, 
are represented by a non-voting Delegate or Resident 
Commissioner (in the case of Puerto Rico) in the House of 
Representatives. The 1972 legislation providing for the non-
voting Delegate specifies that the Delegate shall be elected 
``by separate ballot''. The requirement for a separate ballot 
is estimated to cost the local government approximately $10,000 
each election.
    Marshall Islands Food Program: The Marshall Islands are 
comprised of 31 atolls and major islands. Majuro, the capital, 
lies some 2,300 miles southwest of Hawaii and nearly 2,000 
miles southeast of Guam. The Republic of the Marshall Islands 
was part of the former United Nations Trust Territory of the 
Pacific Islands and is a sovereign foreign nation in free 
association with the United States under a Compact of Free 
Association. The United States tested 43 nuclear weapons at 
Enewetak and 23 at Bikini. The populations were relocated to 
other atolls and islands and the United States has provided a 
supplemental food program to the populations until such time as 
the populations were resettled on their home atolls and the 
atolls were capable of providing adequate food supplies. Over 
$200 million was expended during the 1970's doing a scrape of 
the islands at Enewetak to remove all radioactive material in 
preparation for resettlement in 1980. As a result of the 
scrape, the soil necessary to support vegetation was removed 
and the normal food products of taro, pandanus, breadfruit, and 
coconuts could not be grown. Resettlement of Bikini has been 
slower, partially to avoid the environmental damage from a 
scrape, and a large portion of the population remains at Kili, 
a small island with no lagoon. The legislation would continue 
the supplemental program for an additional five years and also 
adjust the program to reflect population changes.

                          Legislative History

    H.R. 1460 passed the House on September 23, 1997 and was 
referred to the Committee. The Committee conducted a hearing on 
February 6, 1997 on S. 210 which contains similar language on 
the food assistance program for Bikini and Enewetak. S. 210 was 
favorably reported by the Committee and passed the Senate on 
June 12, 1997. At the business meeting on May 13, 1998, the 
Committee on Energy and Natural Resources ordered H.R. 1460 
favorably reported.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on May 13, 1998, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 1460, 
without amendment.
    The rollcall vote on reporting the measure was 20 years, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles*
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams*
Mr. Smith
Mr. Gorton
Mr. Burns*
Mr. Bumpers
Mr. Ford
Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden
Mr. Johnson
Ms. Landrieu*

    *Indicates voted by proxy.

                      Section-by-Section Analysis

    Section 1 of the legislation removes the requirement that 
the Delegate from Guam be elected by a separate ballot.
    Section 2 of the legislation extends the supplemental food 
program for the populations of Bikini and Enewetak for an 
additional five years and provides that the assistance reflects 
any changes in population.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 15, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1460, an act to 
allow for election of the Delegate from Guam by other than 
separate ballot, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are John R. 
Righter (for federal costs) and Marc Nicole (for the state and 
local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

H.R. 1460--An act allow for election of the Delegate from Guam by other 
        than separate ballot, and for other purposes

    Summary: H.R. 1460 would allow the Guam Election Commission 
to include the office of the Delegate to the U.S. House of 
Representatives on the same ballot as other elected offices. In 
addition, the legislation would extend the U.S. Department of 
Agriculture's (USDA's) authority to continue shipping excess 
food commodities to the Marshall Islands through fiscal year 
2001. Subject to appropriation of the necessary funds. CBO 
estimates that implementing that provision would cost the 
federal government about $4 million over the 1999-2001 period. 
Because the legislation would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply.
    H.R. 1460 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1460 is shown in the following table. 
Assuming appropriation of the necessary funds, CBO estimates 
that implementing H.R. 1460 would cost about $4 million between 
1999 and 2001.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\..................................        1        0        0        0        0        0
    Estimated Outlays.....................................        1        0        0        0        0        0
Proposed Changes:                                                                                               
    Authorization Level...................................        0        1        1        1        0        0
    Estimated Outlays.....................................        0        1        1        1        0        0
Spending Under H.R. 1460:                                                                                       
    Authorization Level \1\...............................        1        1        1        1        0        0
    Estimated Outlays.....................................        1        1        1        1        0        0
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.                                                    

    Basis of estimate: H.R. 1460 would extend the Department of 
Agriculture's (USDA's) authority to continue shipping excess 
food commodities to the Marshall Islands through fiscal year 
2001. CBO estimates that extending the program would cost about 
$4 million over the 1999-2001 period, with annual costs 
beginning at just under $1.3 million in fiscal year 1999 and 
rising to slightly less than $1.5 million in fiscal year 2001. 
According to the department, $581,000 was appropriated in 
fiscal year 1998 for the program. Of the amount, about $525,000 
is for food commodities and about $55,000 is for administrative 
expenses.
    The amount provided to the program has varied since it 
began in fiscal year 1987. According to USDA, the program 
received about $1.6 million in 1987. Between 1988 and 1992, the 
program received, on average, about $465,000 a year. Since 
fiscal year 1993, $581,000 has been appropriated each year for 
the program.
    The bill would require that the amount of commodities 
provided to the Marshall Islands reflect changes in its 
population that have occurred since the enactment of the 
Compact of Free Association in fiscal year 1986. H.R. 1460 only 
specifies a base year from which to calculate changes in the 
Islands' population but not a base level of funding. Our 
estimate assumes that the level of funding received in fiscal 
year 1988-$501,000-would be adjusted for changes in the price 
level and population since fiscal year 1986. (CBO estimates 
that the population will have increased by about 70 percent 
between fiscal years 1986 and 1999.)
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and Tribal governments: 
H.R. 1460 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. Enacting the legislation would result in reduced 
election costs for the government of Guam. Based on information 
provided by officials from Guam, CBO estimates that these 
savings would amount to about $10,000 for each election. The 
bill would also benefit the Marshall Islands by extending 
USDA's authority to continue shipping excess food commodities.
    Estimated impact on the private sector: This legislation 
would impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On July 29, 1997, CBO prepared a 
cost estimate for H.R. 1460, as ordered reported by the House 
Committee on Resources on July 16, 1997. For the House version, 
CBO estimated that enacting the legislation would have no 
impact on the federal budget. That version, however, did not 
authorize the USDA to continue shipping excess food commodities 
to the Marshall Islands through fiscal year 2001. The House 
added that provision during its floor consideration of H.R. 
1460.
    Estimate prepared by: Federal costs--John R. Righter, 
impact on State, local, and Tribal governments--Marc Nicole.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1460. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1460, as ordered reported.

                        Executive Communications

    At the hearing on S. 210 on February 6, 1997, the Director 
of the Office of Insular Affairs for the Department of the 
Interior presented the formal views of the Administration on 
the provisions of S. 210. The pertinent portions of that 
testimony for this legislation are set forth below.

  STATEMENT OF ALLEN P. STAYMAN, DIRECTOR, OFFICE OF INSULAR AFFAIRS, 
                       DEPARTMENT OF THE INTERIOR

    Mr. Chairman and members of the Senate Committee on Energy 
and Natural Resources, I am pleased to be here today to discuss 
the provisions of S. 210. Additionally, I have comments on 
several other island issues that you may wish to consider for 
inclusion in the bill.
    S. 210 contains eleven provisions designed to address a 
number of island issues.
    Marshall Islands Agricultural and Food Programs. Section 1 
of the bill would amend section 103(h)(2) of Public Law 99-239, 
dealing with the United States Department of Agriculture 
surplus food program in the Marshall Islands. It would 
authorize extension of the program for an additional five years 
and ensure that the program's benefits are distributed on the 
basis of population.
    As you are aware, the United States' nuclear testing 
program was conducted at Enewetak and Bikini Atolls from 1946 
to 1958. One of the tests significantly affected the atolls of 
Rongelap and Utirik, also. Because of the special 
responsibilities of the United States for the welfare of the 
peoples of the four atolls, Public Law 99-239 called for 
continuation of the food and agricultural programs for five 
years, until 1991; they were later extended through October 20, 
1996. This extension, for a third five-year period, would 
ensure that the United States continues to provide excess 
commodities to the peoples of these atolls through October 20, 
2001.
    We discussed this re-authorization provision during the 
hearing last June. While the Senate took action on this 
Enewetak provision, the House did not. Since that time, the 
situation has become much more pressing. The specific 
authorization ceased on October 20, 1996. Food continues to be 
delivered only by virtue of the fiscal year 1997 appropriation.
    The Administration strongly supports section 1, and early 
action by the Congress.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
H.R. 1460, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   [Public Law 99-239, 99th Congress]

 JOINT RESOLUTION To approve the ``Compact of Free Association'', and 
for other purposes.

           *       *       *       *       *       *       *


SEC. 103. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE MARSHALL 
                    ISLANDS.

           *       *       *       *       *       *       *


    (h) DOE Radiological Health Care Program; USDA Agricultural 
and Food Programs.--
          (1) Marshall islands program.--Notwithstanding any 
        other provision of law, upon the request of the 
        Government of the Marshall Islands, the President 
        (either through an appropriate department or agency of 
        the United States or by contract with a United States 
        firm) shall continue to provide special medical care 
        and logistical support thereto for the remaining 174 
        members of the population of Rongelap and Utrik who 
        were exposed to radiation resulting from the 1954 
        United States thermonuclear ``Bravo'' test, pursuant to 
        Public Laws 95-134 and 96-206. Such medical care and 
        its accompanying logistical support shall total 
        $22,500,000 over the first 11 years of the Compact.
          (2) Agricultural and food programs.--Notwithstanding 
        any other provision of law, upon the request of the 
        Government of the Marshall Islands, for the first [ten] 
        fifteen years after the effective date of the Compact, 
        the President (either through an appropriate department 
        or agency of the United States or by contract with a 
        United States firm) shall provide technical and other 
        assistance--
                  (A) without reimbursement, to continue the 
                planting and agricultural maintenance program 
                on Enewetak;
                  (B) without reimbursement, to continue the 
                food programs of the Bikini and Enewetak people 
                described in section 1(d) of Article II of the 
                Subsidiary Agreement for the Implementation of 
                Section 177 of the Compact and for continued 
                waterborne transportation of agricultural 
                products to Enewetak including operations and 
                maintenance of the vessel used for such 
                purposes. The President shall ensure the 
                assistance provided under these programs 
                reflects the changes in the population since 
                the inception of such programs.
          (3) Payments.--Payments under this subsection shall 
        be provided to such extent or in such amounts as are 
        necessary for services and other assistance provided 
        pursuant to this subsection. It is the sense of 
        Congress that after the periods of time specified in 
        paragraphs (1) and (2) of this subsection, 
        consideration will be given to such additional funding 
        for these programs as may be necessary.
                              ----------                              


                   [Public Law 92-271, 92d Congress]

 To provide that the unincorporated territories of Guam and the Virgin 
  Islands shall each be represented in Congress by a Delegate to the 
                       House of Representatives.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
territory of Guam and the territory of the Virgin Islands each 
shall be represented in the United States Congress by a 
nonvoting Delegate to the House of Representative, elected as 
hereinafter provided.
    Sec. 2. (a) The Delegate shall be elected by the people 
qualified to vote for the members of the legislature of the 
territory he is to represent at the general election of 1972, 
and thereafter at such general election every second year 
thereafter. The Delegate from the Virgin Islands shall be 
elected at large, by separate ballot and by a majority of the 
votes cast for the office of Delegate. The Delegate from Guam 
shall be elected at large and by a majority of the votes cast 
for the office of Delegate. If no candidate receives such 
majority, on the fourteenth day following such election a 
runoff election shall be held between the candidates receiving 
the highest and the second highest number of votes cast for the 
office of Delegate. In case of a permanent vacancy in the 
office of Delegate, by reason of death, resignation, or 
permanent disability, the office of Delegate shall remain 
vacant until a successor shall have been elected and qualified.