[Senate Report 105-22]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 64
105th Congress                                                   Report
                                 SENATE

 1st Session                                                     105-22
_______________________________________________________________________


 
                TERRITORIES AND FREELY ASSOCIATED STATES

                                _______
                                

                  May 28, 1997.--Ordered to be printed

   Filed, under authority of the order of the Senate of May 23, 1997

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

                              R E P O R T

                         [To accompany S. 210]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 210) to amend the Organic Act of Guam, 
the Revised Organic Act of the Virgin Islands, and the Compact 
of Free Association Act, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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. AMENDMENT TO THE ORGANIC ACT OF GUAM.

    Section 8 of the Organic Act of Guam (48 U.S.C. 1422b), as amended, 
is further amended by adding at the end thereof the following new 
subsection:
    ``(e) An absence from Guam of the Governor or the Lieutenant 
Governor, while on official business, shall not be a `temporary 
absence' for the purposes of this section.''

SEC. 3. TERRITORIAL LAND GRANT COLLEGES.

    (a) Land Grant Status.--Section 506(a) of the Education Amendments 
of 1972 (Public Law 92-318, as amended; 7 U.S.C. 301 note) is amended 
by striking ``the College of Micronesia,'' and inserting ``the College 
of the Marshall Islands, the College of Micronesia-FSM, the Palau 
Community College,''.
    (b) Endowment.--The amount of the land grant trust fund 
attributable to the $3,000,000 appropriation for Micronesia authorized 
by the Education Amendments of 1972 (Public Law 92-318, as amended; 7 
U.S.C. 301 note) shall, upon enactment of this Act, be divided equally 
among the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau for the benefit of the College of 
the Marshall Islands, the College of Micronesia-FSM, and the Palau 
Community College.
    (c) Treatment.--Section 1361(c) of the Education Amendments of 1980 
(Public Law 96-374, as amended; 7 U.S.C. 301 note) is amended by 
striking ``and the Trust Territory of the Pacific Islands (other than 
the Northern Mariana Islands)'' and inserting ``the Republic of the 
Marshall Islands, the Federated States of Micronesia, and the Republic 
of Palau''. The proportion of any allocation of funds to the Trust 
Territory of the Pacific Islands under any Act in accordance with 
section 1361(c) of Public Law 96-374 prior to the enactment of this Act 
shall hereafter remain the same with the amount of such funds divided 
as may be agreed among the Federated States of Micronesia, the Republic 
of the Marshall Islands, and the Republic of Palau.

SEC. 4. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL 
                    PROPERTY IN GUAM.

    (a) Transfer of Excess Real Property.--(1) Except as provided in 
subsection (d), before screening excess real property located on Guam 
for further Federal utilization under section 202 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 471, et 
seq.) (hereinafter the ``Property Act''), the Administrator shall 
notify the Government of Guam that the property is available for 
transfer pursuant to this section.
    (2) If the Government of Guam, within 180 days after receiving 
notification under paragraph (1), notifies the Administrator that the 
Government of Guam intends to acquire the property under this section, 
the Administrator shall transfer such property in accordance with 
subsection (b). Otherwise, the property shall be disposed of in 
accordance with the Property Act.
    (b) Conditions of Transfer.--(1) Any transfer of excess real 
property to the government of Guam for other than a public purpose 
shall be for consideration equal to the fair market value.
    (2) Any transfer of excess real property to the government of Guam 
for a public purpose shall be without further consideration.
    (3) All transfers of excess real property to the government of Guam 
shall be subject to such restrictive covenants as the Administrator, in 
consultation with the Secretary of Defense, in the case of property 
reported excess by a military department, determines in their sole 
discretion to be necessary to ensure that (A) the use of the property 
is compatible with continued military activities on Guam, (B) the use 
of the property is consistent with the environmental condition of the 
property; (C) access is available to the United States to conduct any 
additional environmental remediation or monitoring that may be 
required; (D) to the extent the property was transferred for a public 
purpose, that the property is so utilized; and (E) to the extent the 
property has been leased by another Federal agency for a minimum of two 
(2) years under a lease entered into prior to May 1, 1997, that the 
transfer to the government of Guam be subject to the terms and 
conditions of those leasehold interests.
    (4) All transfers of excess real property to the Government of Guam 
are subject to all otherwise applicable Federal laws.
    (c) Definitions.--For the purposes of this section:
          (1) the term ``Administrator'' means--
                  (A) the Administrator of General Services; or
                  (B) the head of any Federal agency with the authority 
                to dispose of excess real property on Guam.
          (2) The term ``base closure law'' means the Defense 
        Authorization Amendments and Base Closure and Realignment Act 
        of 1988 (Public Law 100-526), the Defense Base Closure and 
        Realignment Act of 1990 (Public Law 101-510), or similar base 
        closure authority.
          (3) The term ``excess real property'' means excess property 
        (as that term is defined in section 3 of the Property Act) that 
        is real property and was acquired by the United States prior to 
        enactment of this section.
          (4) The term ``Guam National Wildlife Refuge'' includes those 
        lands within the refuge overlay under the jurisdiction of the 
        Department of Defense, identified as DoD lands in figure 3, on 
        page 74, and as submerged lands in figure 7, on page 78 of the 
        ``Final Environmental Assessment for the Proposed Guam National 
        Wildlife Refuge, Territory of Guam, July 1993'' to the extent 
        that the federal government holds title to such lands.
          (5) The term ``public purpose'' means those public benefit 
        purposes for which the United States may dispose of property 
        pursuant to section 203 of the Property Act, as implemented by 
        the Federal Property Management Regulations (41 C.F.R. 101-47) 
        or other public benefit uses provided under the Guam Excess 
        Lands Act (P.L. 103-339, 108 Stat. 3116).
    (d) Exemptions.--Notwithstanding that such property may be excess 
real property, the provisions of this section shall not apply:
          (1) to real property on Guam that is declared excess by the 
        Department of Defense for the purpose of transferring that 
        property to the Coast Guard; or
          (2) to real property on Guam that is declared excess by the 
        managing Federal agency for the purpose of transferring that 
        property to the Federal Agency which has occupied the property 
        for a minimum of two (2) years at the time the property is 
        declared excess and which was occupying such property prior to 
        May 1, 1997.
          (3) to real property on Guam that is located within the Guam 
        National Wildlife Refuge, which shall be transferred according 
        to the following procedure:
                  (A) the Administrator shall notify the government of 
                Guam and the Fish and Wildlife Service that such 
                property has been declared excess. The government of 
                Guam and the Fish and Wildlife Service shall have 180 
                days to engage in discussions toward an agreement 
                providing for the future ownership and management of 
                such real property.
                  (B) If the parties reach an agreement under paragraph 
                (A) within 180 days after notification of the 
                declaration of excess, the real property shall be 
                transferred and managed in accordance with such 
                agreement: Provided, That such agreement shall be 
                transmitted to the Committee on Energy and Natural 
                Resources of the United States Senate and the 
                appropriate committees of the United States House of 
                Representatives not less than 60 days prior to such 
                transfer and any such transfer shall be subject to the 
                other provisions of this section.
                  (C) If the parties do not reach an agreement under 
                paragraph (A) within 180 days after notification of the 
                declaration of excess, the Administrator shall provide 
                a report to Congress on the status of the discussions, 
                together with his recommendations on the likelihood of 
                resolution of differences and the comments of the Fish 
                and Wildlife Service and the government of Guam. If the 
                subject property is under the jurisdiction of a 
                military department, the military department may 
                transfer administrative control over the property to 
                the General Services Administration.
                  (D) If the parties come to agreement prior to 
                Congressional action, the real property shall be 
                transferred and managed in accordance with such 
                agreement: Provided, That such agreement shall be 
                transmitted to the Committee on Energy and Natural 
                Resources of the United States Senate and the 
                appropriate committees of the United States House of 
                Representatives not less than 60 days prior to such 
                transfer and any such transfer shall be subject to the 
                other provisions of this section.
                  (E) Absent an agreement on the future ownership and 
                use of the property, 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.
          (4) to real property on Guam that is declared excess as a 
        result of a base closure law, except that with respect to 
        property identified for disposal prior to the date of enactment 
        of this section, such lands shall be subject to subsection (b) 
        of this section.
    (e) Dual Classification Property.--If a parcel of real property on 
Guam that is declared excess as a result of a base closure law also 
falls within the boundary of the Guam National Wildlife Refuge, such 
parcel of property shall be disposed of in accordance with the base 
closure law.
    (f) Authority to Issue Regulations.--The Administrator of General 
Services, after consultation with the Secretary of Defense and the 
Secretary of Interior, may issue such regulations as he deems necessary 
to carry out this section.

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 of 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 (90 Stat. 
1193, 1195) 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.
    (d) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat. 
1193) is amended by adding the following new subsection at the end 
thereof:
    ``(d) The legislature of the government of the Virgin Islands may 
cause to be issued notes in anticipation of the collection of the taxes 
and revenues for the current fiscal year. Such notes shall mature and 
be paid within one year from the date they are issued. No extension of 
such notes shall by valid and no additional notes shall be issued under 
this section until all notes issued during a preceeding year shall have 
been paid.''

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.
          (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 take 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. COMPACT IMPACT REPORTS.

    Paragraph 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is 
amended by deleting ``President shall report to the Congress with 
respect to the impact of the Compact on the United States territories 
and commonwealths and on the State of Hawaii.'' and inserting in lieu 
thereof, ``Governor of any of the United States territories or 
commonwealths or the State of Hawaii may report to the Secretary of the 
Interior by February 1 of each year with respect to the impacts of the 
compacts of free association on the Governor's respective jurisdiction. 
The Secretary of the Interior shall review and forward any such reports 
to the Congress with the comments of the Administration. The Secretary 
of the Interior shall, either directly or, subject to available 
technical assistance funds, through a grant to the affected 
jurisdiction, provide for a census of Micronesians at intervals no 
greater than five years from each decenial United States census using 
generally acceptable statistical methodologies for each of the impact 
jurisdictions where the Governor requests such assistance, except that 
the total expenditures to carry out this sentence may not exceed 
$300,000 in any year.''

SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE.

    (a) Section 214(a) of the Housing Community Development Act of 1980 
(42 U.S.C. 1436(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. 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 consists 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 powers. The Chairman may make such provisions as he may 
deem appropriate authorizing the performance of his executive and 
administrative functions by the staff of the Commission.
    (f) Funding.--There are hereby authorized to be appropriated to the 
Secretary of the Interior such sums as may be necessary, but not to 
exceed an average of $300,000 per year, in fiscal years 1997, 1998 and 
1999 for the work of the Commission.
    (g) Termination.--The Commission shall terminate three months after 
the transmission of the report and recommendations under subsection 
(c)(2).

SEC 11. FEDERAL PROGRAMS COORDINATION IN THE FREELY ASSOCIATED STATES 
                    AND PROVISIONS FOR BIKINI.

    (a) Section 108 of Public Law 101-219 (103 Stat. 1870, 1872) is 
amended by deleting ``shall station'' and inserting in lieu thereof 
``shall, subject to appropriations, station''.
    (b) Section 501 of Public Law 95-134 is amended by deleting ``the 
Trust Territory of the Pacific Islands,'' and inserting in lieu thereof 
``the Republic of the Marshall Islands, the Federated States of 
Micronesia, the Republic of Palau,''.
    (c) Under the heading ``COMPACT OF FREE ASSOCIATION'' in Title I--
DEPARTMENT OF THE INTERIOR of Public Law 100-446 (102 Stat. 1774, 1798) 
delete ``$2,000,000 in any year from income for projects on Kili or 
Ejit:'' and insert in lieu thereof ``$2,500,000 in any year from income 
for projects on Kili or Ejit: Provided further, That commencing on 
October 1, 1998 and every year thereafter, this dollar amount shall be 
changed to reflect any fluctuation occurring during the previous twelve 
months in the Consumer Price Index, as determined by the Secretary of 
Labor:''.

                         Purpose of the Measure

    As introduced, S. 210 provides a five year extension to the 
supplemental food assistance program for Enewetak and adjusts 
the program to reflect population changes; modifies the 
authorization for the Memorial Park in Saipan; provides for 
administrative separation of the land grant institutions within 
the freely associated states; amends the 1950 Organic Act of 
Guam with respect to disposal of excess property; modifies the 
definition of State to list each of the territories under the 
1968 Crime Control Act; amends the Revised Organic Act of the 
Virgin Islands with respect to the authority of the Governor 
when absent from the territory on official business and permits 
the issuance of parity rather than priority bonds; creates 
economic study commissions for the Virgin Islands and American 
Samoa; requires HHS to provide assistance for direct radiation 
related medical surveillance and treatment programs as provided 
under section 177(b) of the Compact of Free Association; 
clarifies the status of residents of the freely associated 
states for housing assistance; and provides the consent of the 
United States to certain amendments to the Hawaiian Homes 
Commission Act.

                          Background and Need

    S. 210 is an omnibus measure that includes provisions 
dealing with the territories of American Samoa, the Virgin 
Islands, Guam, and the Commonwealth of the Northern Mariana 
Islands. It also contains provisions dealing with the State of 
Hawaii as well as the freely associated states of the Republic 
of Palau, the Federated States of Micronesia, and the Republic 
of the Marshall Islands. The discussion of the various 
provisions of the legislation is grouped by jurisdiction.

                             American Samoa

Background

    The Samoan Islands had been the scene of conflict between 
the United States, Germany, and Great Britain during the latter 
half of the 19th century. By the treaty of Berlin in 1899, 
Great Britain and Germany renounced any interest in the Tutuila 
and Manu'a islands. In 1900 the matai (chiefs) of Tutuila 
formally ceded the islands of Tutuila and Aunu'u to the United 
States. In 1904, the king and matai of Manu'a ceded the islands 
of Ta'u, Ofu, Olosega, and Rose Atoll to the United States. The 
cessions were retroactively ratified in 1929. Under the terms 
of cession, the United States is committed to protect the 
traditional culture and land tenure system. In 1925, the United 
States claimed sovereignty over Swains Island and assigned 
jurisdiction to Samoa.
    American Samoa is the only territory where the Congress has 
never extended citizenship and where the residents are US 
Nationals (although many have acquired citizenship through 
military service or otherwise). The territory consists mainly 
of five volcanic islands and two coral atolls located 
approximately 2,300 miles southwest of Hawaii and about 2,700 
miles northeast of Australia with about 76 square miles of land 
area (most of which is unusable on the slopes of the volcanic 
islands) and a territorial sea of more than 150,000 square 
miles. The resident population is about 55,000, with a median 
age of 21. The territory has an elective governor and a 
bicameral legislature (the Fono), the Senate of which is 
composed of 18 members chosen by Samoan custom, and exercises 
local self-government under a constitution promulgated by 
Secretarial Order. American Samoa has a non-voting delegate in 
the House of Representatives. There is no Federal court 
jurisdiction in American Samoa and the justices of the High 
Court are appointed by the Secretary of the Interior.
    American Samoa is the only territory still dependent on 
annual direct Federal grants for basic operations of government 
and has experienced increasing fiscal difficulties over the 
past decade. Local revenues were only $57 million for FY 1994, 
while direct Federal grants for operations have averaged 
slightly over $22 million with total federal expenditures in FY 
1994 of $111 million ($67 million in grants and other payments, 
$3 million in wages, $31 million in direct payments for 
individuals, and $11 million in procurement contracts). The 
local labor force of about 13,000 is equally divided between 
government, two tuna canneries, and minor local retail 
businesses.

Provisions of legislation

    Section 11 of S. 210, as introduced, provides for a seven 
member economic study commission to examine the potential for 
increased economic development in American Samoa. The study is 
designed to be short term and to focus on alternatives that are 
consistent with the protection of Samoan culture and land-
tenure system. While tourism has often been mentioned as a 
possibility, attention also needs to be given to the problems 
of air service (sporadic) and the reliability of the supporting 
infrastructure. The commission is directed to make projections 
of the need for future federal assistance for operations and 
infrastructure over the next decade. The uncertainty of the 
amount and timing of Federal assistance complicates local 
planning. The Committee addressed that problem in part by 
redirecting the unneeded entitlement for the Northern Marianas 
to multi-year infrastructure needs throughout the territories. 
The bulk of the funding is likely to be in American Samoa. The 
changes were enacted as part of the FY'96 Interior 
appropriations measure.

                             Virgin Islands

Background

    The United States purchased the Virgin Islands from Denmark 
in 1917 for $25 million. There are three main islands (St. 
Thomas, St. Croix, and St. John) and 50 smaller islands and 
islets. Total land area is about 135 square miles. Congress 
passed Organic legislation in 1936 and then a Revised Organic 
Act in 1954. The Organic legislation defines the powers of the 
local government. Congress has authorized the Virgin Islands to 
adopt a local constitution to replace the local government 
provisions of federal organic legislation, but the Virgin 
Islands have failed in several attempts to adopt one. The 
Elective Governor Act was passed in 1968 and in 1972 provision 
was made for a non-voting delegate in the House. In the late 
1950's and 1960's, the Virgin Islands had over employment 
resulting in a large migration from the English speaking 
Eastern Caribbean. The population grew from about 30,000 to 
over 80,000. The population is now about 100,000 of whom 83% 
are U.S. citizens. Unemployment in 1992 was 3.7%. Total local 
revenues for FY 1994, including the $42 million in rebates 
under the Rum Fund, were $381 million. In addition to the 
manufacture of rum and tourism for a private sector base, the 
Virgin Islands is the site of the Amerada Hess refinery.

Provisions of legislation

    Section 6(a) of S. 210 would amend the 1968 Act providing 
for an elective governor for the Virgin Islands to provide that 
the Governor would retain his authority when he is off-island 
on ``official business''. The current provisions provide that 
the Lieutenant Governorsucceeds to all powers ``[i]n case of 
the temporary disability or temporary absence of the Governor''. That 
is a fairly standard provision with an interesting lineage to guarantee 
that there was someone present to handle affairs of state while the 
sovereign was out of the country. Historically, due to limitations on 
communications, a prolonged absence could have serious, and sometimes 
permanent consequences. Several sovereigns found a new government in 
place before they managed to return and many found that the temporary 
regent had charted a somewhat different course.
    The United States, at the Federal level, has never provided 
for an interruption in authority due to ``temporary absence'' 
of the President. Article II provides for the Vice-President to 
discharge the powers of the President only in ``Case of the 
Removal of the President from Office, or of his Death, 
Resignation, or Inability to Discharge the Powers and Duties of 
the said Office.'' Many State Constitutions, however, do 
provide for the Lieutenant Governor to exercise all authority 
whenever the Governor is temporarily absent. Depending on the 
Lieutenant Governor, this may have the effect of limiting the 
Governor's travels. During territorial administration, these 
provisions were normal incidents of organic legislation since 
the Governor and the Lieutenant Governor were appointed federal 
officers ultimately responsible to a Cabinet Official. The 1954 
Revised Organic Act authorized the Secretary of the Interior to 
designate the Government Secretary or the head of an executive 
department of the territorial government to act as Governor, 
when necessary. Distances, transportation, and communications 
all made these provisions reasonable at the time.
    While States can alter such provisions without Federal 
consent, the Virgin Islands is subject to the provisions of the 
1968 amendments to the Revised Organic Act until such time as 
they adopt a local constitution. The Governor has requested 
that the present limitation be defined to not include any 
temporary absence when he is off-island on ``official 
business''.
    Section 6 (b) and (c) provide authority to issue parity 
bonds. The Virgin Islands has only that authority conferred by 
Congress to incur indebtedness. In 1976, Congress amended the 
Revised Organic Act of the Virgin Islands to permit the 
government to issue bonds in anticipation of the revenues 
received under the ``Rum Fund'' (P.L. 94-392, 90 Stat. 1193), 
but provided that any such bond would have priority for payment 
according to the date of issue (sec. 3). The Rum Fund is the 
advance payment made by the Department of the Interior of an 
amount equal to the amount of excise taxes collected on rum 
manufactured in the Virgin Islands and imported into the United 
States. The provision was enacted as section 28(b) of the 
Revised Organic Act in 1954 and is now codified to 7652(b)(3) 
to the Internal Revenue Code. The Virgin Islands estimates that 
if Congress were to provide them with the authority to issue 
parity bonds (where each issue has the same standing) they can 
avoid paying a premium for subsequent issues as well as having 
to over collateralize later issues. States have the ability to 
determine the nature of any bond issue, but the Virgin Islands 
is limited by the requirements of the Revised Organic Act. 
During the 104th Congress, a bill reported by the Committee, S. 
1804, also included a transition rule to permit the Virgin 
Islands to refinance their existing debt. That provision is not 
included in S. 210.
    Section 7 of S. 210 establishes a commission on the 
economic future of the Virgin Islands. Recent trade enactments, 
such as the Caribbean Basin Initiative and NAFTA, have begun to 
erode the competitive advantage the Virgin Islands has had over 
other areas in the Caribbean. In addition, competition in the 
tourism industry as well as the effect of several hurricanes 
have eroded the tourism base for the territory. The purpose of 
the commission is to assess what the economic alternatives are 
for the Virgin Islands and begin to plan for a broader based 
economy.

                                  guam

Background

    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 
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. 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. The population is about 150,000, with a 
labor force of 49,000 and an unemployment rate in 1992 of 2%. 
Local taxes and fees for 1994 were about $679 million. The 
Department of Defense (DOD) controls about \1/3\ of the land 
area, which on a small island creates a variety of problems.

Provisions of legislation

    As introduced, section 4 of S. 210 amends the Guam Organic 
Act to provide a process for the disposal of federal excess 
lands. Section 4 provides that whenever any federal agency no 
longer requires any land, the Governor of Guam will have 180 
days to determine whether Guam has a use for the land prior to 
it being made available to any other Federal agency. The 
section excludes those lands within the Federal wildlife refuge 
overlay from the application of this section. Those lands could 
be transferred to another Federal agency or out of Federal 
ownership only by Act of Congress. Most excess Federal lands on 
Guam that have been transferred back to Guam have been 
transferred by various Acts of Congress rather than through the 
normal GSA process.
    When the Guam Organic Act was passed in 1950, Congress 
transferred to the government of Guam all Navy properties that 
had been used for civil administration of Guam and all ``other 
property, real and personal, owned by the United States in 
Guam, not reserved by the President of the United States within 
90 days after August 1, 1950.'' Executive Order 10178 of 
October 30, 1950 reserved more than \1/3\ of Guam (42,000 acres 
specifically as well as a variety of other sites including the 
Adelup reservoir and various parts of the road system). 
Congress has from time to time transferred various parcels to 
Guam, the most recent being 3,200 acres of excess DOD property 
in the 103d Congress (P.L. 103-339). That legislation, the Guam 
Excess Lands Act, also provided a broad definition of public 
benefit use to recognize the particular needs of the government 
of Guam.
    DOD owns 44,800 acres on Guam (24,500 acres by the Navy and 
20,300 acres by the Air Force), about \1/3\ of the total land 
area. As part of a review of land requirements under the Guam 
Land Use Plan (GLUP), DOD identified about 8,000 acres that 
were releasable. When combined with the 3,200 acres covered by 
PL 103-339, DOD holdings would be reduced to 33,400 acres. 
Section 4 would provide a process for the orderly disposal of 
excess federal lands in Guam to avoid the need for Congress to 
continually consider specific transfers. S. 210 does not 
require the disposal of any lands.

                     FEDERATED STATES OF MICRONESIA

Background

    The Federated States of Micronesia (FSM) is a sovereign 
foreign nation in free association with the United States. 
Relations between the US and the FSM is governed by a Compact 
of Free Association that was approved in the FSM in the United 
Nations observed plebiscite and approved by the United States 
by P.L. 99-239 in 1986. The Compact went into effect by 
Presidential Proclamation 5564 of November 3, 1986. In general, 
the FSM possesses full internal self-government and full 
control over all aspects of its foreign policy except to the 
extent that it conflicts with plenary defense rights exercised 
by the United States. For the purposes of the limited Federal 
assistance provided under the Compact, such assistance is 
provided as if on a domestic basis through a government to 
government agreement. While the political relationship is of 
indefinite duration, various provisions, including financial 
support, must be renegotiated after fifteen years. Citizens of 
the FSM are free to enter into the United States for work or 
study, but such entry does not qualify them for citizenship. 
The United States has agreed to provide diplomatic and consular 
assistance as needed and US currency and postal facilities are 
used in the FSM.
    The FSM extends 1,800 miles across an archipelago of the 
Caroline Islands. The four States that comprise the FSM are 
Pohnpei (the capital), Chuuk (Truk), Yap, and Kosrae. The 
population is about 100,000. Spain claimed sovereignty over the 
area until 1899 when they were sold to Germany after the US 
declined to purchase them as part of the settlement of the 
Spanish-American War. German administration ended in 1914 when 
Japanese naval squadrons seized the Marshalls, Carolines, and 
Marianas (except for Guam). The area was seized by the United 
States during World War II with major actions at Ulithi and 
Truk (now Chuuk). In 1947, the area (together with Palau, the 
Marshall Islands, and the Marianas) was placed under the United 
Nations Trusteeship system as the Trust Territory of the 
Pacific Islands with the United States as Administering 
Authority. Internal politics eventually led to separate 
political status for the Marianas (now the Commonwealth of the 
Northern Marianas--a territory of the United States), the 
Marshalls (now the Republic of the Marshalls--in free 
association), Palau (now the Republic of Palau--in free 
association) and the four States of the FSM. The total 
operating budget of the FSM is about $157 million, of which 
about $100 million comes from US grants and other assistance.

Provisions of legislation

    Section 3 of the bill makes a technical amendment to treat 
the colleges in the freely associated states as separate land 
grant institutions. During the period of the Trusteeship, the 
College of Micronesia was made a land grant institution. Since 
there were no Federal lands to endow the College, Congress 
provided a $3 million endowment. During the Trusteeship, the 
main campus was located on Ponape (now Pohnpei) with an 
occupational center in Palau and a nursing school in Saipan in 
the Northern Marianas. The nursing school has since moved to 
Majuro in the Marshall Islands. With the political dissolution 
of the Trust Territory, each of the governments of the freely 
associated states retained their institutions, which now 
operate under an umbrella. For the purpose of dealing with 
federal agencies, however, a particular request from the center 
in Palau must be handled through the umbrella organization. 
This section enables each institution to operate independently 
and will divide the endowment.
    Section 9 of the legislation would clarify the Federal 
housing assistance eligibility of residents of the freely 
associated states who are lawfully admitted into the United 
States. With relatively few exceptions, most of the programs 
extended to the freely associated states have worked well, and 
agencies have understood that the freely associated states are 
the successor entities to the Trust Territory of the Pacific 
Islands. Most problems with interpretation have been resolved 
administratively. Unfortunately, the Department of Housing and 
Urban Development (HUD) has adopted an interpretation of the 
Housing and Community Development Act of 1980 that has the 
effect of excluding residents of the freely associated states 
who are lawfully admitted into the United States under the 
provisions of the Compacts of Free Association from eligibility 
for housing assistance for which they were eligible as 
residents of the Trust Territory. The Housing Act included 
within its definitions the Trust Territory of the Pacific 
Islands, the residents of which were neither citizens nor 
nationals of the United States. Residents of the Trust 
Territory were treated as eligible prior to 1986, when the 
Compacts came into effect, and subsequently, as citizens of the 
FSM, Marshalls, or Palau, until last year. Although the Act did 
not specify the residents of the Trust Territory within the 
exceptions for alien eligibility to participate in the program, 
the inclusion of the Trust Territory seemed to be sufficient 
indication that Congress intended the residents to be eligible 
and no problems arose for 9 years after Compact implementation.
    HUD concluded last year that since the 1980 Act did not 
contemplate the 1986 Compacts and since the Compacts do not 
specifically mention the 1980 Act, Congress must have intended 
discriminatory treatment. That interpretation is inconsistent 
with section 172(a) of the Compact that provides: ``Every 
citizen of the [FSM] who is not a resident of the United States 
shall enjoy the rights and remedies under the laws of the 
United States enjoyed by an non-resident alien.'' The Compact 
explicitly grants authority to citizens of the freely 
associated states to enter the United States for work or study, 
with the clear intent of cementing a close relationship. There 
does not appear to be any policy objection to the inclusion of 
residents of the freely associated states and the issue is 
solely whether Congress will clarify eligibility.

                    Republic of the Marshall Islands

Background

    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 
Marshalls were part of Spain's claims in Micronesia, the League 
of Nation's Mandate, and the Trust Territory of the Pacific 
Islands, discussed in the background on the FSM. Major action 
during World War II occurred at Kwajalein and Enewetak. The 
Republic is a sovereign foreign nation in free association with 
the United States under a Compact of Free Association. The 
Marshalls' 1993 operating budget was $106 million of which $53 
million came from Federal transfer payments. Within the 
Marshall Islands, Bikini and Enewetak were the sites of nuclear 
weapons testing. The 1954 Bravo test resulted in the exposure 
of populations at Rongelap and Utirik to fallout. The United 
States has provided a variety of programs and assistance to the 
populations of the four affected atolls (Bikini and Enewetak 
whose populations were relocated and Rongelap and Utirik whose 
populations were exposed to fallout from the 1954 test). 
Section 177 of the Compact provides for an espousal of the 
claims of the residents of the Marshalls in exchange for a $150 
million settlement from the United States. In addition, the 
implementing legislation, at the insistence of this Committee, 
included an open-ended authorization for further ex gratia 
assistance to the four affected atolls.

Provisions of legislation

    Section 1 of S. 210 extends the current supplemental food 
program for Enewetak for an additional five years and requires 
that the level of assistance reflect any changes in population. 
The population of Enewetak at the time of the relocation for 
the nuclear testing program was about 150. The population now 
is about 1,800. During the testing program 43 nuclear weapons 
were detonated at Enewetak, including the first thermonuclear 
device. President Johnson announced that Enewetak would be 
cleaned up and the population resettled. Over $200 million was 
expended during the 1970's during a scrape of the islands to 
remove all radioactive material. Most of the contaminated soil 
was encapsulated in a slurry mix in a crater on Runit island. 
In 1980, the population returned to Enewetak. 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. The Congress 
enacted legislation to provide a supplemental food program 
until the islands within Enewetak were capable of providing 
sufficient food. Since FY'86, the program has been funded at 
$1.1 million. Inflation and population increases have eroded 
the effectiveness of the program.
    One of the results from the work done by Lawrence Livermore 
at Bikini is that there was no reason for the environmental 
degradation resulting from a scrape of the soil. Applications 
of potassium would have prevented the uptake of cesium into the 
food chain. While Bikini now has a healthy supply of 
vegetation, Enewetak still has stunted growth due to the lack 
of soil and nutrients. The current authorization for the 
supplemental food program has expired and this section 
continues the program for an additional five years.
    Section 8 of the legislation as introduced mandates 
radiation related health assistance to the Republic of the 
Marshall Islands from the Department of Health and Human 
Services in support of federal responsibilities under the 
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. The 1954 Bravo test at Bikini was the second test 
of a thermonuclear device and had twice the yield expected. As 
a result of wind conditions, populations at Rongelap and Utirik 
were exposed to fallout. The United States has provided a 
series of compensation, health care, and assistance programs 
over the years to the communities of each of the four atolls, 
including the establishment of individual trust funds. In 1975, 
Congress established a Bikini trust fund of $3 million (PL 94-
34) which was supplemented in 1978 by an additional $3 million 
plus a separate $6 million for the population of Bikini living 
on Kili Island (PL 95-348). In 1982, a resettlement trust fund 
of $20.6 million was established (PL 97-257) which was 
increased by an additional $90 million over the period 1989-
1993 (PL 100-466). At Enewetak, the U.S. directly handled the 
clean-up and resettlement through the Department of Defense, 
spending well over $200 million during the 1970's.
    As a part of the Compact of Free Association that led to 
the termination of the United Nations Trusteeship with respect 
to the Marshall Islands, the government of the Marshall Islands 
espoused the claims of its citizens in exchange for a payment 
of $150 million to be placed in a Fund that over a fifteen year 
period would result in payments of $75 million to the 
population of Bikini, $48.75 million to Enewetak, $37.5 million 
to Rongelap, and $22.5 million to Utirik. In addition, the Fund 
would provide $45.75 million to a Tribunal to resolve claims 
relating to the testing program over the fifteen year program 
(with 75% of the proceeds from the Fund available thereafter) 
as well as funding for health and supplemental food programs. 
(cf. Subsidiary Agreement on implementation of section 177 of 
the Compact).
    In 1977, Congress established a compensation program for 
the inhabitants of Rongelap and Utirik that directly 
compensated individuals who developed certain illnesses without 
requiring proof of any nexus to the testing program (PL 95-
134). This was in addition to prior compensatory payments. The 
statute also authorized a program of continuing specialized 
care for those individuals directly exposed to fallout from the 
1954 test and provided $100,000 directly to each of the four 
communities. In 1980, the US established a general health care 
program for the four atolls (PL 96-205), which is distinct from 
the specialized care for the directly affected individuals. The 
specialized care program (referred to in the amendment) is 
being provided by DOE through Brookhaven, while the four atoll 
program is provided through the Marshalls government with funds 
made available from proceeds of the 177 Fund. At the hearing on 
S. 210, the Administration stated that this section was 
premature and should await a decision on the overall health 
care needs in the Marshalls and what the specific role of 
individual agencies should be. The Department of Health and 
Human Services is already providing certain levels of 
assistance and could adjust that level as needs arise without 
further legislation.

              commonwealth of the northern mariana islands

Background

    The Commonwealth of the Northern Marina Islands (CNMI) is a 
three hundred mile archipelago consisting of fourteen islands 
stretching north of Guam. The largest inhabited islands are 
Saipan, Rota, and Tinian. Magellan landed at Saipan in 1521 and 
the area was controlled by Spain until the end of the Spanish 
American War, Guam, the southernmost of the Marianas, was ceded 
to the United States in 1899 and the balance sold to Germany. 
Japan seized the area during World War I and became the 
mandatory power under a League of Nations Mandate. Guam was 
invaded by Japanese forces from Saipan in 1941. The Marianas 
were secured after heavy fighting in 1944 and the bases on 
Tinian were used for the invasion of Okinawa and for raids on 
Japan, including the nuclear missions on Hiroshima and 
Nagasaki.
    In 1976, Congress approved a Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union 
with the United States (PL 94-241). The Covenant had been 
approved in a United Nations observed plebiscite in the 
Northern Mariana Islands and formed the basis for the 
termination of the United Nations Trusteeship with respect to 
the Northern Mariana Islands. The CNMI became a territory of 
the United States and its residents became United States 
citizens.
    The Covenant also provided for the lease of certain lands 
by the Department of Defense and the dedication of a portion of 
those lands for a Memorial Park to be maintained through income 
from the lease payments.

Provisions of the legislation

    As introduced, section 2 of the legislation repeals certain 
provisions of Federal law dealing with the American War 
Memorial Park. The United States leased several parcels of land 
as part of the Covenant in 1976, including a large portion of 
Tinian for military training and possible military 
infrastructure. Part of the leased lands on Saipan included 177 
acres at Tanapag Harbor, immediately adjacent to what is now 
the Hyatt hotel, of which 133 acres would be available to the 
CNMI without cost for an American War Memorial Park and the $2 
million lease payment for the land was set aside to assist in 
the development of the park. In 1978, section 5 of PL 95-348 
directed the Secretary of the Interior, through the National 
Park Service, to take over the park and develop it. Subsection 
(f) provided that the CNMI could take over the park at its 
option. With the Memorial Park fully established and developed, 
the suggestion was made during the visit to the Marianas by 
several Members of the Committee that subsection (f) should be 
repealed and the National Park Service left in charge during 
the remainder of the lease.
    Section 5 clarifies the allotment to the territories under 
the Anti-Drug Abuse Act. The Anti-Drug Abuse Act of 1986 
provided for minimum state allocations for all the territories. 
The Act was amended in 1989 to include Guam, the CNMI, and 
American Samoa as a single state with Guam receiving 50%, 
American Samoa 33%, and the CNMI 17% of the funding. In FY'90, 
Guam managed to regain its status with Puerto Rico as a single 
state, leaving American Samoa with 66% of a single state share 
and CNMI with 33%. As a result of the allocation and reduced 
funding for the program, funding for the CNMI has gone from the 
FY'88 grant of $502,000 to $96,000 in FY'89. The federal law 
enforcement initiative has noted drugs as an increasing problem 
in the CNMI in its reports. Section 5 restores a minimum state 
allocation for all the territories.

                                 Hawaii

Background

    Section 10 of S. 210, as introduced, provides the consent 
of the United States to certain amendments to the Hawaiian 
Homes Commission Act made by the State of Hawaii. The Committee 
has reported similar legislation (H.J. Res. 32) to the Senate 
and a full background and explanation is set forth in the 
report to accompany that legislation (cf S. Rept. 105-19, H. 
Rept. 105-16).

                          Legislative History

    S. 210 was introduced on January 28, 1997 by Senators 
Murkowski and Akaka. The Committee conducted a hearing on 
February 6, 1997. H.J. Res. 32 was introduced on January 21, 
1997 and referred to the Committee on Resources of the House 
while S.J. Res. 10 was introduced on January 22, 1997 and 
referred to the Committee on Energy and Natural Resources. Both 
measures contained language to consent to amendments to the 
Hawaiian Homes Commission Act that was similar to the text of 
section 10 of S. 210. H.J. Res. 32 was reported without 
amendment, passed the House of Representatives on March 11, 
1997, and was referred to the Committee on Energy and Natural 
Resources. At the business meeting on May 14, 1997, the 
Committee on Energy and Natural Resources ordered H.J. Res. 32 
favorably reported without amendment. At the business meeting 
on May 21, 1997, the Committee on Energy and Natural Resources 
ordered S. 210, as amended, favorably reported.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 1997, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 210, if 
amended as described herein.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici \1\
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Dorgan
Mr. Graham \1\
Mr. Wyden
Mr. Johnson \1\
Ms. Landrieu

    \1\ Indicates voted by proxy.

       Explanation of Amendments and Section-by-Section Analysis

    During consideration of S. 210, the Committee adopted an 
amendment in the nature of a substitute. The amendment adopted 
by the Committee deletes two sections from S. 210 as 
introduced. The amendment deletes the original language of 
section 10 that would provide the consent of the United States 
to certain amendments to the Hawaiian Homes Commission Act made 
by the State of Hawaii. The language was deleted because the 
Committee favorably reported H.J. Res. 32, legislation that 
also provides the consent of the United States to those 
amendments, on May 14, 1997, and the Committee believes that 
Senate consideration of that measure would expeditethe 
enactment of the necessary consent. The amendment also deletes the 
original language of section 8 that required the Secretary of Health 
and Human Services to provide for assistance, on a non-reimbursable 
basis, for direct radiation rleated medical surveillance and treatment 
in the Republic of the Marshall Islands under section 177(b) of the 
Compact of Free Association. The Administration opposed the language as 
premature, and the Committee agrees that such a provision would be best 
considered once the Department of the Interior, the Department of 
Energy, other Federal agencies, and the National Laboratories have 
reviewed the various Federal programs and assistance being provided 
under the Compact. The Committee notes that assistance is already being 
provided by various agencies, including the Department of Health and 
Human Services, pursuant to authorizations and directives contained in 
the Compact and implementing legislation. For example, existing law 
supports general health care, specifically requires treatment for those 
individuals directly affected by radiation, and authorizes funding to 
address any health needs resulting from exceptional circumstances or 
for any ex gratia needs of the populations of the four atolls directly 
affected by the nuclear testing program (section 105(c)(2) of P.L. 99-
239).
    Section 1 of the Committee amendment extends the Department 
of Agriculture's surplus food program in the Republic of 
Marshall Islands for an additional five years. The current 
authorization expired in October 1996 although support has 
continued through appropriation acts. The program provides 
support for the populations of the atolls directly affected by 
the Untied States nuclear testing program until the atolls are 
capable of producing food supplies sufficient to support the 
populations of those atolls. The amendment recognizes the 
growth in population since the Compacts of Free Association 
were approved and provides that the amount of commodities 
reflects the changes in population.
    Section 2 of the Committee amendment provides that the 
Governor of Guam will continue to exercise the authority of his 
office while absent from Guam on official business.
    Section 3 of the Committee amendment provides for the 
administrative separation of the three educational institutions 
in the freely associated states into separate land grant 
institutions and the division of the existing endowment between 
the institutions. The purpose of the amendment is to permit 
each of the institutions to function on its won in dealing with 
federal agencies without having to rely on an umbrella 
organization. At the request of the Administration, the 
Committee has included language that provides that the three 
institutions will still be considered as a single entity for 
the purpose of allocation of Hatch Act and Smith-Lever funding. 
While the Administration proposed that such funding be divided 
equally among the institutions, the Committee has left the 
division to the three entities. The Committee made the change 
in recognition of the different enrollments and nature of the 
institutions to ensure that the funds are allocated based on 
curriculum, need, and purpose for the funds.
    Section 4 of the Committee amendment amends the Organic Act 
of Guam to provide for greater consideration of the needs of 
Guam in the disposal of federal lands and to avoid the 
constraints of existing law which have necessitated Congress 
directly transferring parcels of land in the past. At the 
present time, Federal property is first made available to other 
Federal agencies prior to being made available to the 
government of Guam, and then only for limited public purposes. 
Section 4 would provide generally that when a Federal agency 
determines that it no longer has a need for certain lands, 
those lands should be made available to Guam prior to being 
covered to other purposes by other Federal agencies. The 
Committee appreciates the scarcity of land on Guam and the 
sacrifices that the residents of Guam have made in 
accommodating defense needs. Those requirements have resulted 
in the acquisition since World War II of over one-third of the 
available land area, including some of the most important 
agricultural areas on Guam, for military purposes. The 
Committee believes that as federal requirements change and land 
is no longer needed for the purposes for which it was acquired, 
the federal disposal process should look first to the needs of 
Guam for such land for public purposes before looking to 
disposal to private interests or for other federal activities.
    The Committee notes that this amendment does not require 
that any land be transferred. It simply alters the existing 
priorities in federal legislation. If the government of Guam 
does not need the land for a public purpose, then the land will 
be disposed of as provided by current law. If the government of 
Guam indicates a need for such land and the administration 
desires a different disposition, then the Committee expects 
that the agency currently holding such land will retain it 
until the Administration has transmitted legislation and 
Congress has considered the relative merits of the transfer. 
This approach is consistent with the plenary authority of 
Congress with respect to territories and over the disposal and 
management of federal lands and would provide both federal 
agencies and the government of Guam an opportunity to present 
their views on the appropriate disposition of the lands.
    The Committee The Committee has adopted a series of 
amendments requested by the administration, with minor 
exceptions. in part the amendments would clarify that transfers 
of land between Defense agencies are not included in the 
legislation. That is consistent with the intent of the section 
since those lands would still be used for military purposes. 
The amendments also deal with lands reviewed under the Base 
Closure and Realignment Commission. The administration 
requested that any transfer be subject to certain conditions as 
determined by the Administrator and the Secretary of Defense. 
The Committee has agreed to that language but wants to make 
clear that the phrase ``in their sole discretion'' relates only 
to the nature of the conditions and should not be interpreted 
to be a waiver of applicable laws.
    The Committee notes that this section only changes the 
relative priority under which the needs of Guam are considered 
in the disposal of federal lands. This section does not waive 
or eliminate any procedural or substantive laws that would 
otherwise be applicable to such a transfer, nor does it impose 
any new requirements. In all likelihood, there will be 
different laws applicable to different parcels depending on the 
circumstances. Accordingly, the Committee did not include 
language suggested by the Administration on specific laws that 
would need to be complied with, but retained the general 
requirement to comply with any applicable laws.
    The Committee intends that the same broad interpretation be 
given to public purpose consistent with the actions taken by 
the Congress with respect to previous land transfers to Guam 
and accordingly has referenced the Guam Excess Lands Act in the 
definition of public purpose. While the Committee has retained 
the requirement that any land transferred for private uses be 
disposed of a fair market value, the Committee has provided for 
transfer for public purposes to be without further 
consideration in keeping with past practices on Guam, most 
recently in the Guam Excess Lands Act. The Administration had 
provided additional language of public purposes, butthe 
Committee believes that each of those purposes would be permissible 
under the public benefit use provisions of the Guam Excess Lands Act 
and deleted the language as redundant.
    The administration had proposed that the definition of the 
Guam Wildlife Refuge include submerged lands identified on a 
map. The Committee is aware that there remains some dispute as 
to whether those submerged lands are in fact owned by the 
Federal Government and has included language to make it clear 
that only those lands to which the Federal Government holds 
title would be included. That language is not intended to 
express a view one way or the other with respect to ownership, 
but is designed to exclude any lands no longer owned by the 
Federal Government, if any.
    The administration had proposed that if a dispute arose 
over transfer of lands within the Refuge overlay that was not 
resolved within 180 days, the Fish and Wildlife Service was to 
report to Congress and that if Congress took no action within 
two years from that date, the land was to be disposed of as 
provided under current law. The amendment modifies the 
administration's request by requiring the Administrator of GSA 
to report to Congress and include the views of both Guam and 
the Fish and Wildlife Service. In addition, the amendment 
deletes the two year limitation. As noted above, Congress has 
the plenary authority and responsibility for both the 
territories and the disposal of Federal property and the 
Committee believes that Congress should resolve the equities 
between the two parties.
    The administration also requested that lands included under 
any base closure law be excluded from the coverage of this 
legislation. The Committee does not intend to affect decisions 
that have already been made under the current round of base 
closure reviews nor to assume what the provisions may be in any 
future review. Accordingly, the amendment excludes lands 
included under any base closure laws, but has made any 
transfers to Guam contemplated under the current base closure 
process subject to the provisions of subsection (b). That 
addition deals only with the consideration for a transfer to 
Guam and the conditions attached to the transfer, including 
limitations that the land be used for public purposes as that 
term is defined in this section.
    Section 5 amends that Omnibus Crime Control and Safe 
Streets Act to restore equal funding treatment to each of the 
territories as was included in the original statute.
    Section 6 makes a series of amendments of the Revised 
Organic Act of the Virgin Islands. Subsection (a) provides that 
the Governor will retain his authority when he is off-island on 
official business. Subsections (b) and (c) provide 
prospectively for the Virgin Islands to issue parity rather 
than priority bonds. Subsection (d) provides short term 
borrowing authority in anticipation of the collection of taxes 
and revenues.
    Section 7 creates a commission to consider the economic 
future of the Virgin Islands. The Committee is concerned with 
the potential economic effect on the Virgin Islands of changes 
in tax and trade legislation as well as the potential for 
changes in investment and tourism in the Caribbean in the near 
future. The administration stated a general objection to the 
creation of any commissions although it did support the 
objectives of the commission. During the last Congress, the 
administration suggested that the objectives could be met 
administratively without the need for a commission. That has 
not happened and the Committee has decided to recommend 
enactment of legislation for the commission in the expectation 
that it need not be funded if an alternative can be agreed 
upon. The Committee emphasizes that it intends a minimal 
expenditure for the activities of the commission, if 
established, and included funding for FY '97 only to permit the 
commission to begin work prior to the beginning of the next 
fiscal year. Total costs should be restrained to under $600,000 
and the Committee is not inclined to consider any extension of 
the life of the commission.
    Section 8 adopts a proposal by the administration to 
transfer responsibility for preparation of reports on the 
impacts of the Compacts of Free Association to the territories 
and the State of Hawaii. The amendment requires the Secretary 
of the Interior to provide census information. The Committee 
agrees that the local affected jurisdictions are in the best 
position to make a determination as to the actual effect of the 
Compacts and that the administration should provide Congress 
with its comments on any reports. While Hawaii is not an 
eligible jurisdiction for technical assistance funding 
generally, it will be eligible for any grant assistance 
provided under this amendment.
    Section 9 adopts clarifying amendments to conform the 
interpretation of the 1980 Housing Community Development Act to 
the change in status of the jurisdictions of the former Trust 
Territory of the Pacific Islands. Other housing program 
criteria notwithstanding, the section 9 proviso stating that 
United States citizens and nationals shall have preference over 
freely associated states citizens is intended to mean that 
whenever an eligible United States citizen or national applies 
for housing assistance, the housing needs of that citizen or 
national shall be satisfied before any housing assistance is 
granted under an application of any person from a freely 
associated state.
    Section 10 provides for an economic development study for 
American Samoa. Several Members of the Committee visited 
American Samoa shortly after the hearing and it appears that a 
serious study of economic development options is necessary. In 
revising the funding stream under the entitlement for the 
Northern Marianas last Congress, the Committee understood that 
significant amounts of money would be available for 
infrastructure needs in Samoa over the next several years. This 
study may help to identify areas where the funding can 
contribute to a local economy capable of supporting basic 
operations of government. At the present time, American Samoa 
is the only territory still dependent on annual grants for 
operations. The uncertainty with respect to timing and amounts 
that such dependence causes does not result in fiscal 
responsibility and the Committee believes that increased 
attention needs to be given to providing a sustainable economic 
base in Samoa.
    Section 11 makes three changes in existing law dealing with 
the freely associated States.
    Subsection (a) was requested by the administration and 
clarifies that the requirement to station personnel in each of 
the freely associated states is subject to the availability of 
funds. The Committee remains concerned that the Secretary of 
the Interior is responsible for management of all federal 
assistance in Micronesia and has not stationed personnel in 
each of the three jurisdictions even though the Compacts were 
passed more than a decade ago.
    Subsection (b), also requested by the administration, 
clarifies that the grant consolidation provisions of PL 95-134 
apply to each of the freely associated states as they did to 
those entities under the Trusteeship.
    Subsection (c) increases the limit on expenditures by 
Bikini for projects on Kili and Ejit from $2 million to $2.5 
million per year and indexes the amount to inflation in 
subsequent years. The change was requested by the Bikini 
Counsel and the Committee agrees that the change is warranted 
to reflect the change in real value of the expenditures.

                   Cost and Budgetary Considerations

    An estimate of the cost of this measure has been requested 
from the Congressional Budget Office, but has not been received 
as of the date of filing of this report. When the estimate is 
received, the Chairman will have it printed in the 
Congressional Record for the advice of the Senate. Some of the 
provisions, such as additional food assistance could have 
additional costs, although minor, if fully implemented and may 
simply represent a reallocation of funding rather than 
additional expenditures. Existing authorizations are already 
available for most provisions that could involve the 
expenditure of federal funds. Many of the provisions are 
administrative in nature and would not involve any additional 
costs. The changes to the land grant status of the Micronesian 
institutions would relieve those institutions of some 
regulatory burdens in having to act through an umbrella 
organization.

                      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 S. 210. 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 S. 210, 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. A copy of his testimony is 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.

American Memorial Park

    Section 2 of S. 210 would repeal subsection (f) of section 
5 of Public Law 95-348.
    Subsection (f) provides that the administration of, and all 
improvements relating to, the American Memorial Park on Saipan 
be transferred to the Government of the Northern Mariana 
Islands upon request of the Governor pursuant to the 
Commonwealth of the Northern Mariana Islands (CNMI) law. The 
Federal government has devoted considerable resources to 
improving the American Memorial Park. Most recently, to help 
celebrate the fiftieth anniversary of the end of World War II, 
$3 million was provided for the construction of a memorial to 
those Americans who gave their lives on Saipan and Tinian. This 
new memorial increases Federal interest in the park and 
underscores the need for an administrative arrangement that 
will ensure proper operation and maintenance of the memorial. 
CNMI Governor, Froilan Tenorio, deserves recognition for his 
support and assistance in completing the new memorial in time 
for fiftieth anniversary events. The Park is now administered 
in accordance with National Park Service (NPS) laws and 
regulations. But, even if the CNMI government assumed 
administration of the park, its administration would continue 
to be governed in accordance with NPS laws and regulations. The 
United States National Park Service is doing an excellent job. 
It has established a successful working partnership with local 
authorities for park operations and development. I believe that 
the current administrative arrangement is working well and 
should be maintained to best ensure continued applicability of 
National Park Service laws and regulations, and that park 
development is consistent with the goals of the park. The 
possibility of a change in the park's current, successful 
administration creates uncertainty about the park's future and 
the extent of the Department's commitment to the park. Repeal 
of subsection (f) removes these uncertainties and secures the 
Federal commitment to the park's future.
    Accordingly, the Administration supports enactment of 
section 2.

Territorial Land Grant Colleges--technical amendment

    Section 3 is intended to give separate land grant status to 
the College of Micronesia's three successor colleges, the 
College of the Marshall Islands the College of Micronesia--FSM, 
and the Palau Community College. During the hearing before this 
committee last June, I was asked to provide draft language that 
would accomplish the separation desired in the freely 
associated states (FAS). Your bill follows the drafting service 
in most major respects.
    Section 3 has substantial programmatic and funding 
implications of the United States Department of Agriculture 
(USDA) in its administration of land-grant programs. By virtue 
of the language in section 1361(c) of Public Law 96-374, the 
Trust Territory of the Pacific Islands received certain Smith-
Lever Act and Hatch Act funds in like manner to the United 
States Virgin Islands and Guam. Accordingly, section 3(c) of 
the bill would give such funds to the Trust Territory's three 
successor freely associated states, but, as drafted, it would 
create two new recipients of funds. In order to avoid creating 
two new shares and disturbing the current allocation of Smith-
Lever and Hatch Act funds, the Administration recommends that 
the Trust Territory share be divided into three equal portions. 
Draft legislative language dividing the Trust Territory share 
appears in the attachment to my written statement.
    The Administration has no objection to the enactment of 
section 3 if it is amended as set forth in the Attachment to my 
written statement. The Boards of Regents of all four 
institutions have endorsed the separate land grant status. 
While the colleges are on record favoring separation, neither 
the colleges nor the governments of the freely associated 
states have considered or approved the amendment we propose. We 
recommend that the specific language contained in section 3 and 
the proposed amendment be referred to the freely associated 
states for consideration.

Guam lands

    Section 4, in essence, would provide Guam with the right of 
first refusal on all Federal excess lands on Guam outside the 
wildlife refuge overlay of military land. Should military land 
within the refuge overlay become excess to military needs, that 
land would be transferred to Guam, another Federal agency, or a 
third party only by act of Congress.
    The Administration approves generally of this two-track 
approach embodied in section (4) of the bill, with 
modifications.
    Guam is a small island, approximately 30 miles long, seven 
miles wide, and 220 square miles in area. About one-third of 
the island, or 44,800 acres, is owned by the United States and 
managed by a military department. In addition to the military, 
the United States Fish and Wildlife Service is a major Federal 
land manager on Guam. It manages a 23,274 acre wildlife refuge, 
of which about 22,502 acres is an overlay on lands managed by 
the military. About 772 acres at Ritidian Point (401 acres of 
which are submerged) are managed by the Service for the Federal 
government.
    It is often asserted that landowners on Guam whose lands 
were acquired by the United States after World War II had the 
understanding that their lands would be returned once such 
lands were no longer needed for military purposes. Such 
individuals usuallyasserted that they relied on such 
representations in lieu of greater efforts to receive what they 
believed to be adequate compensations for their property. In enacting 
the Guam Land Claims legislation, 48 U.S.C. 1424c, in 1977, Congress 
was mindful of such claims and sought to provide a remedy by affording 
an opportunity to seek additional compensation for the leasehold and 
fee takings. Settlement of these claims resulted in payments in excess 
of $40 million. Nevertheless, there continues to be strong community 
reaction when excess military lands are transferred to another Federal 
agency instead of to Guam. This issue continues to create tension in 
Federal-Guam relations.
    The Congress and the Administration recognized this unique 
situation on Guam when, four years ago, the Federal government 
authorized the transfer of some 3,200 acres of former military 
land to Guam in Public Law 103-339. Section 4 of S. 210 would 
continue this general policy of returning excess Federal land, 
not within the 23,274 acres being used for refuge purposes, to 
Guam. The Congress, itself, may determine the disposition of 
lands that may become excess in the wildlife refuge overlay. 
With congressional scrutiny, consideration may be given to 
meeting the Federal government's habitat conservation and 
endangered species protection responsibilities while 
recognizing the concerns of Guam.
    While, in general, the Administration approves of the two-
track approach embodied in section 4 of S. 210, the 
Administration strongly believes that the following issues must 
be included or addressed to properly implement this two-track 
approach.
    (1) Provide a precise definition of refuge land as follows: 
``The Guam National Wildlife Refuge includes those lands within 
the refuge overlay under the jurisdiction of the Department of 
Defense, identified as DOD lands in figure 3, on page 74, and 
as submerged lands in figure 7, on page 78 of the ``Final 
Environmental Assessment for the Proposed Guam National 
Wildlife Refuge, Territory of Guam, July 1993.''.
    (2) Provide that, with regard to refuge lands, Guam and the 
Fish and Wildlife Service would be required to seek an 
agreement providing for the future ownership and management of 
refuge lands that may become excess to the needs of the 
military. If such an agreement were reached within 180 days 
after notice that the land is excess, the agreement would be 
implemented without action by the Congress. If, on the other 
hand, no agreement were reached within 180 days, there would be 
a report to the Congress on the status of the discussions. If, 
within two years after receipt of the report delivered to the 
Congress, the Congress takes no action and agreement is not 
otherwise reached regarding the land under discussion, the land 
would be transferred, as it currently is, pursuant to the 
Federal Property and Administrative Services Act of 1949.
    (3) Clarify that all transfers must comply with all 
applicable Federal laws, including but not limited to the 
Endangered Species Act (16 U.S.C. 1531, et seq.) and the 
National Environmental Policy Act (42 U.S.C. 4321, et seq.).
    (4) Provide that if land is transferred to Guam for non-
public purposes, it shall be for fair market value; and that 
land transferred for public purposes may be for less than fair 
market value (which may include up to a 100 percent discount).
    (5) Provide a definition for ``public purposes'' based on 
the definition contained in section 204 of the Federal Property 
and Administrative Services Act of 1949, with appropriate 
consideration given to inclusion of a public land trust in Guam 
as a public purpose, provided that careful attention must be 
given to uses of the land and earnings by the trust.
    (6) Clarify that this section shall not apply to lands that 
are excess as a result of the Defense Authorization Amendments 
and Base Closure and Realignment Act of 1988 (Public Law 100-
526, the Defense Base Closure and Realignment Act of 1990 
(Public Law 101-510), or similar base closure laws.
    (7) Clarify that the section on Guam lands shall not apply 
to transfers of land among military services, and between the 
military services and the United States Coast Guard.
    (8) Clarify that the Department of Defense may impose use 
restrictions on excess military land on Guam conveyed under 
this section.
    (9) Provide that Federal agencies that are utilizing real 
property on Guam under the management of another Federal agency 
at the time the property is declared excess shall have the 
right of refusal with regard to such real property.
    With amendments that incorporate these nine principles, the 
Administration would support enactment of section 4 of S. 210. 
Of course, the Administration expects that enactment of section 
4 of S. 210 (with the amendments reflecting the above 
principles) would settle the matter of disposition of Federal 
lands on Guam, and that this subject would not be revisited in 
the negotiations on Commonwealth status.
    Should the Committee find it helpful, we would be pleased 
to provide the Committee with a drafting service to address 
these principles.

Clarification of allotment for territories

    Section 5 would give single state treatment to American 
Samoa and to the Northern Mariana Islands with regard to 
funding Office of Justice Assistance programs. At present, the 
two insular areas share a state-share of funding, while the 
other insular areas of Guam, the Virgin Islands, and Puerto 
Rico each receive a full state share. Section 5 would ensure 
that American Samoa and the Northern Mariana Islands receive 
the same state-like treatment as their sister territories.
    The Administration supports the enactment of section 5.

Amendments to the Revised Organic Act of the Virgin Islands

    Subsection (a) of section 6 of S. 210 deals with the 
transfer of the authority of the Governor of the Virgin Islands 
when the Governor is absent from the Virgin Islands. It would 
amend the Revised Organic Act to Construe the term ``temporary 
absence'' so as to not include the Governor's physical absence 
from the territory while on official government business.
    When the Revised Organic Act was enacted, transportation 
and communications were far more limited than today. Therefore, 
it was necessary for a governor, when traveling, to delegate 
authority to the lieutenant governor. Today, however, with 
instant, world-wide communications, an elected official can 
fully execute the duties of office even while not physically 
present in the territory. In light of today's technology, the 
proposed amendment is appropriate.
    The Administration supports enactment of subsection (a) of 
section 6.
    Subsections (b) and (c) of section 6 deal with the bonding 
authority of the Virgin Islands when its bonds are secured by 
the cover over of Federal excise taxes on rum. The provisions 
would allow the Virgin Islands to issue parity debt, rather 
than priority debt. Current law gives greater protection to 
earlier issuances of debt over later issuances, with the result 
that later debt is subject to increased interest and fees. We 
understand that most local jurisdictions issue parity debt 
instruments. The bonding provisions of section 6 would place 
the Virgin Islands on a footing similar to other communities.
    The Administration has no objection to the enactment of 
subsections (b) and (c) of section 6.

Commissions on the Economic Futures of the Virgin Islands and American 
        Samoa

    Section 7 and 11 of S. 210 would establish separate six-
member commissions to evaluate economic options for the futures 
of the Virgin Islands and American Samoa. The Virgin Islands 
need to be prepared for possible competition in tourism and 
other industries in which they face competition from elsewhere 
in the Caribbean region. In the case of American Samoa, the 
concern is that, under Public Law 140-188, the ten-year phase-
out of Internal Revenue Code section 936 will undermine the 
viability of the territory's economy, which is based on tuna 
canning.
    The Administration supports the objective of sections 7 and 
11, which is to analyze and plan for the future economic needs 
of the Virgin Islands and American Samoa. The thrust of 
Administration policy on good government is generally against 
the creation of new commissions, and accordingly, we cannot 
support these sections.
    We suggest, as an alternative, that interested members of 
Congress, the Governors of the territories, and we sit down 
together to consider other viable alternative options for 
meeting the objectives of sections 7 and 11, and to discuss 
needs for financial assistance.

Public Health Service physicians

    Section 8 would require the Secretary of Health and Human 
Services to provide assistance, without reimbursement, to the 
Government of the Marshall Islands for direct radiation related 
medical surveillance and treatment programs. The Administration 
believes that section 8, is premature. We will consult with the 
Department of Health and Human Services and the Department of 
Energy regarding this issue, and will report back to the 
Committee.

Eligibility for housing assistance

    Section 9 of S. 210 would grant section 8 housing 
eligibility for citizens of the freely associated states living 
in the United States or its territories. Under the compacts of 
free association, citizens of the freely associated states 
(FAS) have the right to live and work in the United States and 
its territories, and may participate in those Federal programs 
for which they are eligible. At the inception of the compacts, 
and for ten years thereafter, FAS citizens in the United States 
participated in section 8 housing. In 1995, however, FAS 
citizens were declared ineligible. This ineligibility resulted 
from restrictions imposed on HUD's provision of assistance to 
aliens by section 214 of the House and Community Development 
Act of 1980, as amended, and as implemented by HUD's final 
rule, which became effective on June 19, 1995. This event 
solved a problem in Guam, where FAS citizens were often placed 
at the head of the line of those waiting for housing. Section 9 
of S. 210 would grant eligibility for the section 8 housing 
program to FAS citizens, although they would not be given 
priority for housing over United States citizens in Guam or the 
Northern Mariana Islands.
    The Administration believes this to be a fair remedy for a 
difficult situation, and supports enactment of section 9. The 
Administration will work with Committee staff on technical 
refinements to this section.

Consent to Hawaiian Homes Commission Act amendments

    Section 10 would approve two laws of the state of Hawaii 
relating to the Hawaiian Homes Commission Act. Such approval is 
required before these Hawaii laws may take effect. Act 339 of 
the Session laws of Hawaii (1993) established the Hawaiian 
Hurricane Relief fund and authorizes the Department of Hawaiian 
Home Lands to obtain homeowners' insurance coverage for 
Hawaiian Home Lands lessees. Act 37 of the Session Laws of 
Hawaii (1994) allows Hawaiian Home Lands homestead lessees to 
designate as a successor to the lease a grandchild who is at 
least twenty-five percent Native Hawaiian.
    The Administration recommends approval of these Hawaiian 
amendments and supports enactment of section 10 of S. 210.

                       additional insular issues

Federal Program personnel

    Current law calls for the stationing of one professional 
staff person from the Department of the Interior in each of the 
freely associated states (FAS) of the Marshall Islands, the 
Federated States of Micronesia, and Palau. In 1995, the 
Department of the Interior streamlined its structure for 
addressing insular issues, including the elimination of two of 
these three Federal program coordinator positions in the FAS. 
The Department plans to employ one staff person who would be 
stationed at the United States Embassy in the Federated States 
of Micronesia and travel to the Marshall Islands and Palau as 
needed.
    The Administration supports inclusion of the attached draft 
provision on Federal programs personnel (see Attachment) in S. 
210. It will aid in meeting our policy and staffing objectives.

Impact of the compacts reports

    Currently, the Department of the Interior is charged with 
submitting to the Congress reports on the impacts of the 
compacts of free association on the United States territories 
and Hawaii. The territories and Hawaii generate many of the 
statistics upon which the report is based. Thus, the Department 
of the Interior relies on the islands for statistical 
information. Sometimes it is difficult to obtain the necessary 
information. Other times the territories disapprove of the 
positions taken by the Department. Often there are 
disagreements on statistical methodology. In addition, the 
Department has no direct responsibility with regard to Hawaiian 
affairs. The report procedure is contentious and inefficient.
    Accordingly, we recommend making the submission of the 
impact of the compacts reports optional for concerned governors 
of the territories or the State of Hawaii, an shifting report 
preparation from the President to the respective governor. As 
potential recipients of impact funds, the territories and 
Hawaii are in the best position to estimate the impacts within 
their respective jurisdictions. The Department of the Interior 
would receive the reports and would forward any such reports to 
the Congress with the views of the Department. Under such a 
scenario, each party would be satisfied that its position was 
fairly presented, and the Congress would receive all relevant 
information on which to base a decision. Our proposal for draft 
legislation is attached.
    The Administration supports inclusion in S. 210 of the 
draft provision improving the impact of the compacts reporting 
process (see Attachment).

Minimum wage in the Northern Mariana Islands

    The CNMI minimum wage law has a long and involved history. 
In 1995, the CNMI legislature passed, and the Governor, signed 
a law raising the CNMI minimum wage in stages to reach the then 
Federal level of $4.25 per hour in the year 2000. Since then, 
the legislature first delayed, then canceled, the increase from 
$2.75 to $3.05 per hour scheduled for January 1996. Later, the 
legislature raised the overall minimum to $3.05, except for the 
foreign labor dominated garment and construction industries, 
which account for the bulk of those affected by minimum wage 
rates, who received only a 15 cent per hour raise to $2.90 per 
hour. All future scheduled annual increases were cancelled.
    The CNMI has also embarked on a public relations campaign 
costing well over $1 million to promote its position.
    There have been numerous articles in the CNMI press 
accusing the Federal government and the Department of the 
Interior of trying to wreck the CNMI economy by imposing the 
Federal minimum wage. In spite of this publicity campaign, and 
after careful reflection and analysis of recently obtained 
economic data, officials in the Departments of Labor and 
Interior are firmly convinced that a gradual increase in the 
CNMI wage rate and eventual full application of the Fair Labor 
Standards Act would benefit the CNMI economy. In fact, 
application of the Federal minimum wage is essential to permit 
its citizens to enjoy the American standard of living, which 
was the goal of the Covenant.
    With the phenomenal economic growth of the 1980's, the CNMI 
was well on its way to meeting that goal. Mean household 
income, measured by the census, increased from $22,341 in 1979 
(1980 census data) to $34,713 in 1989 (1990 census). Then, a 
funny thing happened on the way to prosperity. Mean household 
income declined to $30,301 in 1994. At the same time, many 
social and economic problems continued to grow: tap water 
quality worsened, beaches became polluted, dump fires got out 
of control, and crime rates rose, including publicized and 
unsolved cases of murder and rape.
    Coincidentally, all of these problems worsened while other 
economic growth indicators continued to expand dramatically. 
Tourist arrivals increased over 50 percent, from 438,454 in 
1990 to 676,161 in 1996; garment exports increased from $163 
million to $419 million in the same period; and government 
revenue went up 70 percent from $111 million to $190 million.
    There are two classical arguments against raising minimum 
wages: that an increase in wages increases unemployment and 
that it makes industries less competitive. These arguments have 
nothing, absolutely nothing, to do with the CNMI economy today. 
TheCNMI has a dual economy and a dual society. Wages below the 
United States minimum wage are paid almost exclusively to non-resident 
alien workers, who constitute most of the private sector work force. 
Nearly all local residents earn more than the Federal minimum wage, 
most working for the government.
    In 1995, according to the census of that year, 3,347 of the 
6,006 employed persons born in the CNMI were employed by 
government; 24,254 of the 24,840 Asia-born workers were 
employed in the private sector. The apparel industry employed, 
6,710 of these Asian workers, 5,560 of whom were from mainland 
China. (Employment of Chinese in the apparel industry has 
increased substantially since the 1995 census.) Census data 
also reveal an anomaly regarding unemployment; although overall 
unemployment in the CNMI was 7.1 percent, the rate among the 
native population was double that at 14.2 percent, while the 
unemployment rate among the 27,779 Asian born workers was 4.5 
percent. Clearly, workers are being imported to take jobs that 
would otherwise go to local residents. Even some alien workers 
are unemployed--including 7.9 percent of Chinese workers.
    Instead of causing unemployment, an increase in the minimum 
wage would open up job opportunities for local residents, who 
now have little incentive to work in the private sector. 
Employers could reduce their recruiting of alien workers, even 
sending some of them home, thus lowering the stress on 
infrastructure and government services. Meanwhile, those alien 
workers who remain would earn more, spend more in the local 
economy, and pay more taxes to the local government.
    What of the claim from some quarters that raising the 
minimum wage would make the CNMI industries of tourism and 
garment manufacturing less competitive and less viable? The 
CNMI's tourist industry in virtually a carbon copy of the Guam 
tourist industry, with the same market the same attractions and 
even the same hotel chains, ownership and management. The 
difference is that Guam is subject to the federal minimum wage 
and federal immigration control, while the CNMI has greater 
access to low-wage alien workers and thus has more incentive to 
employ them in preference to local residents. When the CNMI 
tourism industry was new and under development, there was an 
argument for a competitive advantage over Guam, but that time 
is now past and, most significantly, the industry itself does 
not oppose a higher minimum wage.
    The garment industry, on the other hand, has been the most 
vociferous, in fact the only, opponent to the application of 
the Federal minimum wage. That industry has pressed the view 
that CNMI-assembled garments could not compete with those from 
low-wage Asian countries or Mexico, if wages were increased. 
CNMI garments do not compete with Asian garments simply because 
all major Asian producers are constrained by quotas; without 
the quotas, there would be no CNMI garment industry. CNMI 
garments, which carry the ``made in the USA'' label, compete 
directly with other garments made in the 50 states but the CNMI 
garments are produced with duty-free foreign materials, and 
foreign labor that is almost entirely from mainland China.
    Each time the CNMI minimum wage has been increased, the 
CNMI garment industry has increased, not decreased, sales. In 
1995, when the CNMI made licenses available to new garment 
companies, it was deluged with applications, all made on the 
assumption of annual minimum wage increases up to the $4.25 per 
hour, as required by the local CNMI wage law at that time, but 
later repealed.
    At present, the CNMI garment industry contributes little to 
the CNMI economy beyond a 3.5 percent ``use tax''. The industry 
is exempt from gross receipt taxes and receives a rebate of 
more than half of its income tax payments. There is concern 
that the industry may be a net drain on the economy. By paying 
higher wages to its workers, the garment industry could become 
a benefit to the CNMI and its people.
    While we continue to have many concerns about labor, 
immigration, and law enforcement issues in the CNMI, we 
consider full application of the Fair Labor Standards Act to be 
a significant step in dealing with these problems. It would 
increase private sector employment opportunities for U.S. 
citizens; increase incomes, spending, and revenues; and it 
would decrease the need for imported workers, particularly in 
the lowest paid occupations most vulnerable to abuse. Let me 
make it clear that we have no illusions that United States 
citizens would fill many sewing jobs in garment plants or that 
enough local residents would be available to serve the growing 
tourist industry. The CNMI will be dependent on alien guest 
workers for many years to come. Our proposal is designed to 
open up the better private sector jobs to local residents, to 
curb abuses among the lower paid foreign workers, and to turn 
the alien workers into a positive influence on the economy.
    Mr. Chairman, when you and Senator Akaka visited the CNMI 
last year, you saw and heard many of the problems facing the 
CNMI. For two years, the Administration has been reporting to 
the Congress on the status of the joint efforts by the CNMI and 
Federal agencies to resolve the range of labor, immigration and 
law enforcement problems occurring in the CNMI. On two previous 
occasions before this committee during the past two years, I 
have presented the Administration's recommendation that the 
CNMI minimum wage be set on a course that eventually will reach 
the Federal minimum wage. In 1996, I stated that 
Administration's recommendation, which was ``that the Congress 
finalize enactment of * * * the minimum wage in Federal law 
including the annual 30-cent increases in the minimum contained 
(until very recently) in CNMI law.'' In 1995, in presenting the 
Administration's minimum wage recommendation, I said, ``The 
proposed legislation is crucial to resolution of CNMI 
immigration and labor problems in the long-term.''
    As you may recall, at last year's hearing, you agreed to 
postpone action on minimum wage pending receipt of the CNMI's 
report on wage rates. The study was to have been completed by 
January 1997. January has come and gone, without a study. The 
Administration believes that now is the proper time to act on 
minimum wage.
    The Administration supports the attached minimum wage 
legislation (see Attachment) and applauds last year's effort by 
the Senate to take this important step.
    Mr. Chairman, we commend your efforts and those of Senator 
Akaka and other on the Committee in seeking solutions to island 
problems. I look forward to continuing our cooperative working 
relationship.

                              [Attachment]

          Draft Legislation--Recommend for Inclusion in S. 210

Territorial land grant colleges--technical amendment

    In subsection (c) section 3 of S. 210--insert ``(1)'' after 
``(c)'', and insert at the end the following language:
          ``(2) The proportion of any allocation of funds to 
        the Trust Territory of the Pacific Islands under any 
        Act in accordance with section 1361(c) of Public Law 
        96-374 prior to the enactment of this Act shall 
        hereafter remain the same with the amount of such funds 
        divided equally among the Federated States of 
        Micronesia, the Republic of the Marshall Islands, and 
        the Republic of Palau.''.

Sec.     . Federal programs personnel

    Section 108 of Public Law 101-219 is amended by--
          (1) striking the words ``at least one professional 
        staff person in each'', and
          (2) inserting the words ``in the freely associated 
        states one professional staff person to serve in''.

Sec.     . Submission of impact of the compact reports by Governors

    Paragraph (2) of subsection (e) of section 104 of Public 
Law 99-239 is amended by--
          (1) striking the words in the first sentence that 
        begin with the word ``President'' through and including 
        the period, and
          (2) inserting the words ``Governor of the United 
        States territory, commonwealth or the State of Hawaii 
        may report to the Secretary of the Interior by February 
        1 of each year, with respect to the impacts of the 
        compacts of free association on the Governor's 
        respective jurisdiction. The Secretary of the Interior 
        shall review and forward any such reports to the 
        Congress with the comments of the Administration.''.

Sec.    . Federal minimum wage

    Effective thirty days after enactment of this Act, the 
minimum wage 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:
          (1) effective thirty days after enactment of this 
        Act, the minimum wage rate applicable to the 
        Commonwealth of the Northern Mariana Islands shall be 
        $3.05 per hour;
          (2) effective January 1, 1998 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
          (3) 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.

                        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 
the bill S. 210, 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 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.
          (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.
          * * * * * * *

SEC. 104. INTERPRETATION OF AND UNITED STATES POLICY REGARDING COMPACT 
                    OF FREE ASSOCIATION.

          * * * * * * *
    (e) Impact of Compact on U.S. Areas.--
          (1) Statement of congressional intent.--In approving 
        the Compact, it is not the intent of the Congress to 
        cause any adverse consequences for the United States 
        territories and commonwealths or the State of Hawaii.
          (2) Annual reports and recommendations.--One year 
        after the date of enactment of this joint resolution 
        and at one year intervals thereafter, the [President 
        shall report to the Congress with respect to the impact 
        of the Compact on the United States territories and 
        commonwealths and on the State of Hawaii.] Governor of 
        any of the United States territories or commonwealths 
        or the State of Hawaii may report to the Secretary of 
        the Interior by February 1 of each year with respect to 
        the impacts of the compacts of free association on the 
        Governor's respective jurisdiction. The Secretary of 
        the Interior shall review and forward any such reports 
        to the Congress with the comments of the 
        Administration. The Secretary of the Interior shall, 
        either directly or, subject to available technical 
        assistance funds, through a grant to the affected 
        jurisdiction, provide for a census of Micronesians at 
        intervals no greater than five years from each decenial 
        United States census using generally acceptable 
        statistical methodologies for each of the impact 
        jurisdictions where the Governor requests such 
        assistance, except that the total expenditures to carry 
        out this sentence may not exceed $300,000 in any year.
          * * * * * * *
                              ----------                              


                [Public Law--Chapter 512]--Aug. 1, 1950]

 AN ACT To provide a civil government for Guam, and for other purposes.

          * * * * * * *
    Sec. 8. (a) In case of the temporary disability or 
temporary absence of the Governor, the Lieutenant Governor 
shall have the powers of the Governor.
          * * * * * * *
    (e) An absence from Guam of the Governor or the Lieutenant 
Governor, while on official business, shall not be a `temporary 
absence' for the purposes of this section.
          * * * * * * *
                              ----------                              


                          [Public Law 92-318]

   AN ACT To amend the Higher Education Act of 1965, the Vocational 
Education Act of 1963, the General Education Provisions Act (creating a 
    National Foundation for Postsecondary Education and a National 
Institute of Education), the Elementary and Secondary Education Act of 
1965, Public Law 874, Eighty-first Congress, and related Acts, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Education Amendments of 1972''.
          * * * * * * *
    Sec. 506. (a) The College of Virgin Islands, the Community 
College of American Samoa, [the College of Micronesia,] the 
College of the Marshall Islands, the College of Micronesia-FSM, 
the Palau Community College, the Northern Marianas College, and 
the University of Guam shall be considered land-grant colleges 
established for the benefit of agriculture and mechanic arts in 
accordance with the provisions of the Act of July 2, 1862, as 
amended * * *
          * * * * * * *
                              ----------                              


                   [Public Law 96-374, 96th Congress]

 AN ACT To amend and extend the Higher Education Act of 1965, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Education Amendments of 1980''.
          * * * * * * *

                    Part G--New Land Grant Colleges

           american samoa and micronesia land grant colleges

    Sec. 1361. (a) Section 506 of the Education Amendments of 
1972 is amended--
          * * * * * * *
    (c) Any provisions of any Act of Congress relating to the 
operation of or provisions of assistance to a land grant 
college in Virgin Islands or Guam shall apply to the land grant 
college in American Samoa, the Northern Mariana Islands, [and 
the Trust Territory of the Pacific Islands (other than the 
Northern Mariana Islands)] the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic 
of Palau in the same manner and to the same extent.
          * * * * * * *
                              ----------                              


                          [Public Law 90-351]

AN ACT To assist State and local governments in reducing the incidence 
of crime, to increase the effectiveness, fairness, and coordination of 
     law enforcement and criminal justice systems at all levels of 
                  government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Omnibus Crime Control and Safe 
Streets Act of 1968''.
          * * * * * * *

                          Part I--Definitions

                              Definitions

    Sec. 901. (a) As used in this title--
          * * * * * * *
          [(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 
        Northern Mariana Islands: Provided, That for the 
        purpose of section 3756(a) of this title, American 
        Samoa and the Commonwealth of the Northern Mariana 
        Islands shall be considered as one state \1\ and that 
        for these purposes 67 per centum of the amounts 
        allocated shall be allocated to American Samoa, and 33 
        per centum to the Commonwealth of the Northern Mariana 
        Islands.]
          (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;
                              ----------                              


                     [Public Law 517, Chapter 558]

  AN ACT To revise the Organic Act of the Virgin Islands of the United 
                                States.

    Be enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Revised Organic Act of the Virgin 
Islands''.
          * * * * * * *
    Sec. 14. (a) In case of the temporary disability or 
temporary absence of the Governor, the Lieutenant Governor 
shall have the powers of the Governor.
          * * * * * * *
    (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.
                              ----------                              


                   [Public Law 94-392, 94th Congress]

AN ACT To authorize the government of the Virgin Islands to issue bonds 
 in anticipation of revenue receipts and to authorize the guarantee of 
  such bonds by the United States under specified conditions, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) in 
addition to the authority conferred by section 8(b) of the 
Revised Organic Act of the Virgin Islands (48 U.S.C. 1574(b)), 
the legislature of the government of the Virgin Islands is 
authorized to cause to be issued bonds or other obligations of 
such government in anticipation of revenues to be received 
under section 28(b) of such Act (26 U.S.C. 7652). The proceeds 
of such bonds or other obligations may be used for any purpose 
authorized by an act of the legislature. The legislature of the 
government of the Virgin Islands may initiate, by majority vote 
of the members, a binding referendum vote to approve or 
disapprove the amount of any such bond or other obligation and/
or any purpose for which such bond or other obligation is 
authorized.
    (b) The legislature of the government of the Virgin Islands 
may provide, in connection with any issue of bonds or other 
obligations authorized to be issued under subsection (a) the 
proceeds of which are to be used for public works or other 
capital projects, that a guarantee of such bonds or obligations 
by the United States should be applied for under section 2 of 
this Act.
    (c) Except to the extent inconsistent with the provisions 
of this Act, the provisions of section 8(b)(ii) of the Revised 
Organic Act of the Virgin Islands (other than the limitation 
contained in the proviso to the first sentence of subparagraph 
(A) shall apply to bonds and other obligations authorized to be 
issued under subsection (a).
    (d) The legislature of the government of the Virgin Islands 
may cause to be issued notes in anticipation of the collection 
of the taxes and revenues for the current fiscal year. Such 
notes shall mature and be paid within one year from the date 
they are issued. No extension of such notes shall by valid and 
no additional notes shall be issued under this section until 
all notes issued during a preceeding year shall have been paid.
          * * * * * * *
    Sec. 3. Each issue of bonds or other obligations issued 
under sub-section (a) of the first section of this Act shall 
have [priority for payment] A parity lien with every other 
issue of bonds or other obligations issued for payment of 
principal and interest out of revenues received under section 
28(b) of the Revised Organic Act of the Virgin Islands [in the 
order of the date of issue], except that issues guaranteed 
under section 2 shall have priority, according to the date of 
issue, over issues not so guaranteed and the revenues received 
under section 28(b) of the Revised Organic Act of the Virgin 
Islands shall be pledged for the payment of such bonds or other 
obligations.
          * * * * * * *
                              ----------                              


                   [Public Law 96-399, 96th Congress]

 AN ACT To amend and extend certain Federal laws relating to housing, 
 community and neighborhood development and preservation, and related 
                   programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assemble, That this 
Act may bee cited as the ``Housing and Community development 
Act of 1980''.
          * * * * * * *

                 RESTRICTION ON USE OF ASSISTED HOUSING

    Sec. 214. (a) Notwithstanding any other provision of law, 
the applicable Secretary may not make financial assistance 
available for the benefit of any alien unless that alien is a 
resident of the United States and is--
          * * * * * * *
          (5) an alien who is lawfully present in the United 
        States as a result of the Attorney General's 
        withholding deportation pursuant to section 241(b)(3) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1253(h)); [or]
          (6) an alien lawfully admitted for temporary or 
        permanent residence under section 245A of the 
        Immigration and Nationality Act[.]; or
          (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.
                              ----------                              


                  [Public Law 101-219, 101st Congress]

 JOINT RESOLUTION To authorize entry into force of the Compact of Free 
Association between the United States and the Government of Palau, and 
                          for other purposes.

          * * * * * * *

SEC. 108. FEDERAL PROGRAMS COORDINATION PERSONNEL.

    The Secretary of the Interior [shall station] shall, 
subject to appropriations, station at least one professional 
staff person in each of the Offices of the United States 
Representatives in the Republic of Palau, the Federated States 
of Micronesia, and the Republic of the Marshall Islands to 
provide Federal program coordination and technical assistance 
to such governments as authorized under Public Laws 99-239 and 
99-658. In meeting the purposes of this section the Secretary 
shall select qualified persons following consultations with the 
Interagency Group on Freely Associated State Affairs.
                              ----------                              


                   [Public Law 95-134, 95th Congress]

 AN ACT To authorize certain appropriations for the territories of the 
 United States, to amend certain Acts relating thereto, and for other 
                               purposes.

          * * * * * * *

                                TITLE V

    Sec. 501. In order to minimize the burden caused by 
existing application and reporting procedures for certain 
grant-in-aid programs available to the Virgin Islands, Guam, 
American Samoa, [the Trust Territory of the Pacific Islands,] 
the Republic of the Marshall Islands, the Federated States of 
Micronesia, the Republic of Palau, and the Government of the 
Northern Mariana Islands (hereafter referred to as ``Insular 
Areas'') it is hereby declared to be the policy of the Congress 
that:
    (a) Nothwithstanding any provision of law to the contrary, 
any department or agency of the Government of the United States 
which administers any Act of Congress which specifically 
provides for making grants to any Insular Area under which 
payments received may be used by such Insular Area only for 
certain specified purposes (other than direct payments to 
classes of individuals) may, acting through appropriate 
administrative authorities of such department or agency, 
consolidate any or all grants made to such area for any fiscal 
year or years.
          * * * * * * *
                              ----------                              


                  [Public Law 100-446, 100th Congress]

  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1989, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the 
Interior and related agencies for the fiscal year ending 
September 30, 1989, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

          * * * * * * *

                      compact of free association

    For economic assistance and necessary expenses for the 
Federated States of Micronesia and the Republic of the Marshall 
Islands as provided for in sections 122, 221, 223, 232, and 233 
of the Compact of Free Association, $32,360,000, including 
$2,500,000 for the Enjebi Community Trust Fund, to remain 
available until expended as authorized by Public Law 99-239; 
Provided, That notwithstanding the provisions of Public Laws 
99-500 and 99-591, the effective date of the Palau Compact for 
purposes of economic assistance pursuant to the Palau Compact 
of Free Association, Public Law 99-658, shall be the effective 
date of the Palau Compact as determined pursuant to section 
101(d) of Public Law 99-658: Provided further, That in full 
satisfaction of the obligation of the Untied States to provide 
funds to assist in the resettlement and rehabilitation of 
Bikini Atoll by the People of Bikini, to which the full faith 
and credit of the United States is pledged pursuant to section 
103(l) of Public Law 99-239, the United States shall deposit 
$90,000,000 into the Resettlement Trust Fund for the People of 
Bikini established pursuant to Public Law 97-257, and governed 
pursuant to terms of such trust instrument, such deposit to be 
installments of $5,000,000 on October 1, 1988; $22,000,000 on 
October 1, 1989; $21,000,000 on October 1, 1990; $21,000,000 on 
October 1, 1991; and $21,000,000 on October 1, 1992: Provided 
further, That the terms of such Resettlement Trust Fund are 
hereby modified to provide that corpus and income may be 
expended for rehabilitation and resettlement of Bikini Atoll, 
except that the Secretary may approve expenditures not to 
exceed [$2,000,000 in any year from income for projects in Kili 
or Ejit:] $2,500,000 in any year from income for projects on 
Kili or Ejit: Provided further, That commencing on October 1, 
1998 and every year thereafter, this dollar amount shall be 
changed to reflect any fluctuation occurring during the 
previous twelve months in the Consumer Price Index, as 
determined by the Secretary of labor: Provided further, That 
one year prior to completion of the rehabilitation and 
resettlement program, the Secretary of the Interior shall 
report to Congress on future funding needs on Bikini Atoll. 
Unless otherwise determined by Congress, following completion 
of the rehabilitation and resettlement program, funds remaining 
in the Resettlement Trust Fund in excess of the amount 
identified by the Secretary as required for future funding 
needs shall be deposited in the United States Treasury as 
miscellaneous receipts. Upon completion of those needs, the 
Resettlement Trust Fund shall be extinguished and all remaining 
funds shall be deposited in the United States Treasury as 
miscellaneous receipts. The payment and use of funds in 
accordance herewith is for the sole purpose of implementing and 
fulfilling the terms of the Section 177 Agreement referred to 
in section 462(d) of the Compact of Free Association between 
the United States and the Republic of the Marshall Islands, 
including Article VI, section 1, and Articles X and XII, 
thereof. Payments pursuant hereto shall be made only upon: One, 
voluntary dismissal with prejudice of Juda et al. v. the United 
States, No. 88-1206 (Fed. Cir.); and two, submission of written 
notice to the Untied States and the Republic of the Marshall 
Islands, executed by duly-authorized representatives acting on 
their behalf, that the People of Bikini accept the obligations 
and undertaking of the United States to make the payments 
prescribed by this Act, together with the other payments, 
rights, entitlements and benefits provided for under the 
Section 177 Agreement, as full satisfaction of all claims of 
the People of Bikini related in any way to the United States 
nuclear testing program in accordance with the terms of the 
Section 177 Agreement.
          * * * * * * *

                                
