[Senate Report 113-146]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 352
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-146

======================================================================



 
                          OMNIBUS TERRITORIES

                                _______
                                

                 April 8, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1237]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1237) to improve the administration of 
programs in the insular areas, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Omnibus Territories Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendments to the Consolidated Natural Resources Act.
Sec. 4. Study of electric rates in the insular areas.
Sec. 5. Reports on estimates of revenues.
Sec. 6. Low-income home energy assistance program.
Sec. 7. Guam War Claims Review Commission.
Sec. 8. Improvements in HUD assisted programs.
Sec. 9. Benefit to cost ratio study for projects in American Samoa.
Sec. 10. Waiver of local matching requirements.
Sec. 11. Fishery endorsements.
Sec. 12. Effects of Minimum Wage differentials in American Samoa.
Sec. 13. Office of National Drug Control Policy.
Sec. 14. Drivers' licenses and personal identification cards.

SEC. 3. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT.

  Section 6 of the Joint Resolution entitled ``A Joint Resolution to 
approve the `Covenant To Establish a Commonwealth of the Northern 
Mariana Islands in Political Union with the United States of America', 
and for other purposes'', approved March 24, 1976 (Public Law 94-241; 
90 Stat. 263, 122 Stat. 854), is amended--
          (1) in subsection (a)--
                  (A) in paragraph (2), by striking ``December 31, 
                2014, except as provided in subsections (b) and (d)'' 
                and inserting ``December 31, 2019''; and
                  (B) by striking paragraph (6), and inserting the 
                following:
          ``(6) Certain education funding.--
                  ``(A) In general.--In addition to fees charged 
                pursuant to section 286(m) of the Immigration and 
                Nationality Act (8 U.S.C. 1356 (m)) to recover the full 
                costs of providing adjudication services, the Secretary 
                of Homeland Security shall charge an annual 
                supplemental fee of $150 per nonimmigrant worker to 
                each prospective employer who is issued a permit under 
                subsection (d) of this section during the transition 
                program. Such supplemental fee shall be paid into the 
                Treasury of the Commonwealth government for the purpose 
                of funding ongoing vocational educational curricula and 
                program development by Commonwealth educational 
                entities.
                  ``(B) Plan for the expenditure of funds.--At the 
                beginning of each fiscal year, and prior to the payment 
                of the supplemental fee into the Treasury of the 
                Commonwealth government in that fiscal year, the 
                Commonwealth government must provide to the Secretary 
                of Labor, a plan for the expenditure of funds received 
                under this paragraph, a projection of the effectiveness 
                of these expenditures in the placement of United States 
                workers into jobs, and a report on the changes in 
                employment of United States workers attributable to 
                prior year expenditures.
                  ``(C) Report.--The Secretary of Labor shall report to 
                the Congress every 2 years on the effectiveness of 
                meeting the goals set out by the Commonwealth 
                government in its annual plan for the expenditure of 
                funds.''; and
          (2) in subsection (d)--
                  (A) in the third sentence of paragraph (2), by 
                striking ``not to extend beyond December 31, 2014, 
                unless extended pursuant to paragraph 5 of this 
                subsection'' and inserting ``ending on December 31, 
                2019'';
                  (B) by striking paragraph (5); and
                  (C) by redesignating paragraph (6) as paragraph (5).

SEC. 4. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS.

  (a) Definitions.--In this section:
          (1) Comprehensive energy plan.--The term ``comprehensive 
        energy plan'' means a comprehensive energy plan prepared and 
        updated under subsections (c) and (e) of section 604 of the Act 
        entitled ``An Act to authorize appropriations for certain 
        insular areas of the United States, and for other purposes'', 
        approved December 24, 1980 (48 U.S.C. 1492).
          (2) Energy action plan.--The term ``energy action plan'' 
        means the plan required by subsection (d).
          (3) Freely associated states.--The term ``Freely Associated 
        States'' means the Federated States of Micronesia, the Republic 
        of the Marshall Islands, and the Republic of Palau.
          (4) Insular areas.--The term ``insular areas'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Puerto 
        Rico, Guam, and the Virgin Islands.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) Team.--The term ``team'' means the team established by 
        the Secretary under subsection (b).
  (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall, within the Empowering 
Insular Communities activity, establish a team of technical, policy, 
and financial experts--
          (1) to develop an energy action plan addressing the energy 
        needs of each of the insular areas and Freely Associated 
        States; and
          (2) to assist each of the insular areas and Freely Associated 
        States in implementing such plan.
  (c) Participation of Regional Utility Organizations.--In establishing 
the team, the Secretary shall consider including regional utility 
organizations.
  (d) Energy Action Plan.--In accordance with subsection (b), the 
energy action plan shall include--
          (1) recommendations, based on the comprehensive energy plan 
        where applicable, to--
                  (A) reduce reliance and expenditures on fuel shipped 
                to the insular areas and Freely Associated States from 
                ports outside the United States;
                  (B) develop and utilize domestic fuel energy sources; 
                and
                  (C) improve performance of energy infrastructure and 
                overall energy efficiency;
          (2) a schedule for implementation of such recommendations and 
        identification and prioritization of specific projects;
          (3) a financial and engineering plan for implementing and 
        sustaining projects; and
          (4) benchmarks for measuring progress toward implementation.
  (e) Reports to Secretary.--Not later than 1 year after the date on 
which the Secretary establishes the team and annually thereafter, the 
team shall submit to the Secretary a report detailing progress made in 
fulfilling its charge and in implementing the energy action plan.
  (f) Annual Reports to Congress.--Not later than 30 days after the 
date on which the Secretary receives a report submitted by the team 
under subsection (e), the Secretary shall submit to the appropriate 
committees of Congress a summary of the report of the team.
  (g) Approval of Secretary Required.--The energy action plan shall not 
be implemented until the Secretary approves the energy action plan.

SEC. 5. REPORTS ON ESTIMATES OF REVENUES.

  The Comptroller General of the United States shall submit to the 
appropriate committees of Congress a report that--
          (1) evaluates whether the annual estimates or forecasts of 
        revenue and expenditure of American Samoa, the Commonwealth of 
        the Northern Mariana Islands, Guam, and the Virgin Islands are 
        reasonable; and
          (2) as the Comptroller General of the United States 
        determines to be necessary, makes recommendations for improving 
        the process for developing estimates or forecasts.

SEC. 6. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

  With respect to fiscal years 2014 through 2017, the percentage 
described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 
percent when applied to households located in the Virgin Islands.

SEC. 7. GUAM WAR CLAIMS REVIEW COMMISSION.

  (a) Recognition of the Suffering and Loyalty of the Residents of 
Guam.--
          (1) Recognition of the suffering of the residents of guam.--
        The United States recognizes that, as described by the Guam War 
        Claims Review Commission, the residents of Guam, on account of 
        their United States nationality, suffered unspeakable harm as a 
        result of the occupation of Guam by Imperial Japanese military 
        forces during World War II, by being subjected to death, rape, 
        severe personal injury, personal injury, forced labor, forced 
        march, or internment.
          (2) Recognition of the loyalty of the residents of guam.--The 
        United States forever will be grateful to the residents of Guam 
        for their steadfast loyalty to the United States, as 
        demonstrated by the countless acts of courage they performed 
        despite the threat of death or great bodily harm they faced at 
        the hands of the Imperial Japanese military forces that 
        occupied Guam during World War II.
  (b) Guam World War II Claims Fund.--
          (1) Establishment of fund.--The Secretary of the Treasury 
        shall establish in the Treasury of the United States a special 
        fund (in this Act referred to as the ``Claims Fund'') for the 
        payment of claims submitted by compensable Guam victims and 
        survivors of compensable Guam decedents in accordance with 
        subsections (c) and (d).
          (2) Composition of fund.--The Claims Fund established under 
        paragraph (1) shall be composed of amounts deposited into the 
        Claims Fund under paragraph (3) and any other amounts made 
        available for the payment of claims under this Act.
          (3) Payment of certain duties, taxes, and fees collected from 
        guam deposited into fund.--
                  (A) In general.--Notwithstanding section 30 of the 
                Organic Act of Guam (48 U.S.C. 1421h), the excess of--
                          (i) any amount of duties, taxes, and fees 
                        collected under such subsection after fiscal 
                        year 2012, over
                          (ii) the amount of duties, taxes, and fees 
                        collected under such subsection during fiscal 
                        year 2012,
                shall be deposited into the Claims Fund.
                  (B) Application.--Subparagraph (A) shall not apply 
                after the date for which the Secretary of the Treasury 
                determines that all payments required to be made under 
                subsection (c) have been made.
          (4) Limitation on payments made from fund.--
                  (A) In general.--No payment may be made in a fiscal 
                year under subsection (c) until funds are deposited 
                into the Claims Fund in such fiscal year under 
                paragraph (3).
                  (B) Amounts.--For each fiscal year in which funds are 
                deposited into the Claims Fund under paragraph (3), the 
                total amount of payments made in a fiscal year under 
                subsection (c) may not exceed the amount of funds 
                available in the Claims Fund for such fiscal year.
          (5) Deductions from fund for administrative expenses.--The 
        Secretary of the Treasury shall deduct from any amounts 
        deposited into the Claims Fund an amount equal to 5 per cent of 
        such amounts as reimbursement to the Federal Government for 
        expenses incurred by the Foreign Claims Settlement Commission 
        and by the Department of the Treasury in the administration of 
        this Act. The amounts so deducted shall be covered into the 
        Treasury as miscellaneous receipts.
  (c) Payments for Guam World War II Claims.--
          (1) Payments for death, personal injury, forced labor, forced 
        march, and internment.--After the Secretary of the Treasury 
        receives the certification from the Chairman of the Foreign 
        Claims Settlement Commission as required under subsection 
        (d)(2)(H), the Secretary of the Treasury shall make payments to 
        compensable Guam victims and survivors of a compensable Guam 
        decedents as follows:
                  (A) Compensable guam victim.--Before making any 
                payments under subparagraph (B), the Secretary shall 
                make payments to compensable Guam victims as follows:
                          (i) In the case of a victim who has suffered 
                        an injury described in paragraph (3)(B)(i), 
                        $15,000.
                          (ii) In the case of a victim who is not 
                        described in clause (i), but who has suffered 
                        an injury described in paragraph (3)(B)(ii), 
                        $12,000.
                          (iii) In the case of a victim who is not 
                        described in clause (i) or (ii), but who has 
                        suffered an injury described in paragraph 
                        (3)(B)(iii), $10,000.
                  (B) Survivors of compensable guam decedents.--In the 
                case of a compensable Guam decedent, the Secretary 
                shall pay $25,000 for distribution to survivors of the 
                decedent in accordance with paragraph (2). The 
                Secretary shall make payments under this paragraph only 
                after all payments are made under subparagraph (A).
          (2) Distribution of survivor payments.--A payment made under 
        paragraph (1)(B) to the survivors of a compensable Guam 
        decedent shall be distributed as follows:
                  (A) In the case of a decedent whose spouse is living 
                as of the date of the enactment of this Act, but who 
                had no living children as of such date, the payment 
                shall be made to such spouse.
                  (B) In the case of a decedent whose spouse is living 
                as of the date of the enactment of this Act and who had 
                one or more living children as of such date, 50 percent 
                of the payment shall be made to the spouse and 50 
                percent shall be made to such children, to be divided 
                among such children to the greatest extent possible 
                into equal shares.
                  (C) In the case of a decedent whose spouse is not 
                living as of the date of the enactment of this Act and 
                who had one or more living children as of such date, 
                the payment shall be made to such children, to be 
                divided among such children to the greatest extent 
                possible into equal shares.
                  (D) In the case of a decedent whose spouse is not 
                living as of the date of the enactment of this Act and 
                who had no living children as of such date, but who--
                          (i) had a parent who is living as of such 
                        date, the payment shall be made to the parent; 
                        or
                          (ii) had two parents who are living as of 
                        such date, the payment shall be divided equally 
                        between the parents.
                  (E) In the case of a decedent whose spouse is not 
                living as of the date of the enactment of this Act, who 
                had no living children as of such date, and who had no 
                parents who are living as of such date, no payment 
                shall be made.
          (3) Definitions.--For purposes of this Act:
                  (A) Compensable guam decedent.--The term 
                ``compensable Guam decedent'' means an individual 
                determined under subsection (d) to have been a resident 
                of Guam who died as a result of the attack and 
                occupation of Guam by Imperial Japanese military forces 
                during World War II, or incident to the liberation of 
                Guam by United States military forces, and whose death 
                would have been compensable under the Guam Meritorious 
                Claims Act of 1945 (Public Law 79-224) if a timely 
                claim had been filed under the terms of such Act.
                  (B) Compensable guam victim.--The term ``compensable 
                Guam victim'' means an individual who is not deceased 
                as of the date of the enactment of this Act and who is 
                determined under subsection (d) to have suffered, as a 
                result of the attack and occupation of Guam by Imperial 
                Japanese military forces during World War II, or 
                incident to the liberation of Guam by United States 
                military forces, any of the following:
                          (i) Rape or severe personal injury (such as 
                        loss of a limb, dismemberment, or paralysis).
                          (ii) Forced labor or a personal injury not 
                        under subparagraph (A) (such as disfigurement, 
                        scarring, or burns).
                          (iii) Forced march, internment, or hiding to 
                        evade internment.
                  (C) Definitions of severe personal injuries and 
                personal injuries.--Not later than 180 days after the 
                date of the enactment of this Act, the Foreign Claims 
                Settlement Commission shall promulgate regulations to 
                specify the injuries that constitute a severe personal 
                injury or a personal injury for purposes of 
                subparagraphs (A) and (B), respectively, of paragraph 
                (2).
  (d) Adjudication.--
          (1) Authority of foreign claims settlement commission.--
                  (A) In general.--The Foreign Claims Settlement 
                Commission shall adjudicate claims and determine the 
                eligibility of individuals for payments under 
                subsection (c).
                  (B) Rules and regulations.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Chairman of the Foreign Claims Settlement Commission 
                shall publish in the Federal Register such rules and 
                regulations as may be necessary to enable the 
                Commission to carry out the functions of the Commission 
                under this Act.
          (2) Claims submitted for payments.--
                  (A) Submittal of claim.--For purposes of paragraph 
                (1)(A) and subject to subparagraph (B), the Foreign 
                Claims Settlement Commission may not determine an 
                individual is eligible for a payment under subsection 
                (c) unless the individual submits to the Commission a 
                claim in such manner and form and containing such 
                information as the Commission specifies.
                  (B) Filing period for claims and notice.--
                          (i) Filing period.--An individual filing a 
                        claim for a payment under subsection (c) shall 
                        file such claim not later than one year after 
                        the date on which the Foreign Claims Settlement 
                        Commission publishes the notice described in 
                        clause (ii).
                          (ii) Notice of filing period.--Not later than 
                        180 days after the date of the enactment of 
                        this Act, the Foreign Claims Settlement 
                        Commission shall publish a notice of the 
                        deadline for filing a claim described in clause 
                        (i)--
                                  (I) in the Federal Register; and
                                  (II) in newspaper, radio, and 
                                television media in Guam.
                  (C) Adjudicatory decisions.--The decision of the 
                Foreign Claims Settlement Commission on each claim 
                filed under this Act shall--
                          (i) be by majority vote;
                          (ii) be in writing;
                          (iii) state the reasons for the approval or 
                        denial of the claim; and
                          (iv) if approved, state the amount of the 
                        payment awarded and the distribution, if any, 
                        to be made of the payment.
                  (D) Deductions in payment.--The Foreign Claims 
                Settlement Commission shall deduct, from a payment made 
                to a compensable Guam victim or survivors of a 
                compensable Guam decedent under this subsection, 
                amounts paid to such victim or survivors under the Guam 
                Meritorious Claims Act of 1945 (Public Law 79-224) 
                before the date of the enactment of this Act.
                  (E) Interest.--No interest shall be paid on payments 
                made by the Foreign Claims Settlement Commission under 
                subsection (c).
                  (F) Limited compensation for provision of 
                representational services.--
                          (i) Limit on compensation.--Any agreement 
                        under which an individual who provided 
                        representational services to an individual who 
                        filed a claim for a payment under this Act that 
                        provides for compensation to the individual who 
                        provided such services in an amount that is 
                        more than one percent of the total amount of 
                        such payment shall be unlawful and void.
                          (ii) Penalties.--Whoever demands or receives 
                        any compensation in excess of the amount 
                        allowed under subparagraph (A) shall be fined 
                        not more than $5,000 or imprisoned not more 
                        than one year, or both.
                  (G) Appeals and finality.--Objections and appeals of 
                decisions of the Foreign Claims Settlement Commission 
                shall be to the Commission, and upon rehearing, the 
                decision in each claim shall be final, and not subject 
                to further review by any court or agency.
                  (H) Certifications for payment.--After a decision 
                approving a claim becomes final, the Chairman of the 
                Foreign Claims Settlement Commission shall certify such 
                decision to the Secretary of the Treasury for 
                authorization of a payment under subsection (c).
                  (I) Treatment of affidavits.--For purposes of 
                subsection (c) and subject to subparagraph (B), the 
                Foreign Claims Settlement Commission shall treat a 
                claim that is accompanied by an affidavit of an 
                individual that attests to all of the material facts 
                required for establishing the eligibility of such 
                individual for payment under such subsection as 
                establishing a prima facie case of the eligibility of 
                the individual for such payment without the need for 
                further documentation, except as the Commission may 
                otherwise require. Such material facts shall include, 
                with respect to a claim for a payment made under 
                subsection (c)(1), a detailed description of the injury 
                or other circumstance supporting the claim involved, 
                including the level of payment sought.
                  (J) Release of related claims.--Acceptance of a 
                payment under subsection (c) by an individual for a 
                claim related to a compensable Guam decedent or a 
                compensable Guam victim shall be in full satisfaction 
                of all claims related to such decedent or victim, 
                respectively, arising under the Guam Meritorious Claims 
                Act of 1945 (Public Law 79-224), the implementing 
                regulations issued by the United States Navy pursuant 
                to such Act (Public Law 79-224), or this Act.

SEC. 8. IMPROVEMENTS IN HUD ASSISTED PROGRAMS.

  Section 214(a)(7) of the Housing and Community Development Act of 
1980 (42 U.S.C. 1436a(a)(7)) is amended by striking ``such alien'' and 
all that follows through the period at the end and inserting ``citizen 
or national of the United States shall be entitled to a preference or 
priority in receiving assistance before any such alien who is otherwise 
eligible for such assistance.''.

SEC. 9. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN AMERICAN SAMOA.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study regarding the use of benefit-to-cost ratio formulas by 
Federal departments and agencies for purposes of evaluating projects in 
American Samoa.
  (b) Contents.--In conducting the study, the Comptroller General 
shall--
          (1) assess whether the benefit-to-cost ratio formulas 
        described in subsection (a) take into consideration--
                  (A) the remote locations in, and the cost of 
                transportation to and from, American Samoa; and
                  (B) other significant factors that are not comparable 
                to locations within the 48 contiguous States; and
          (2) assess, in particular, the use of benefit-to-cost ratio 
        formulas by--
                  (A) the Secretary of Transportation with respect to 
                airport traffic control tower programs; and
                  (B) the Secretary of the Army, acting through the 
                Corps of Engineers, with respect to a harbor project or 
                other water resources development project.
          (3) Report to congress.--Not later than 1 year after the date 
        of enactment of this Act, the Comptroller General shall submit 
        to Congress a report on the results of the study.

SEC. 10. WAIVER OF LOCAL MATCHING REQUIREMENTS.

  (a) Waiver of Certain Matching Requirements.--Section 501 of the Act 
entitled ``An Act to authorize certain appropriations for the 
territories of the United States, to amend certain Acts relating 
thereto, and for other purposes'', approved October 15, 1977 (48 U.S.C. 
1469a; 91 Stat. 1164) is amended--
          (1) in the last sentence of subsection (d), by striking ``by 
        law''; and
          (2) by adding at the end the following new subsection:
  ``(e) Notwithstanding any other provision of law, in the case of 
American Samoa, Guam, the Virgin Islands, and the Northern Mariana 
Islands, each department or agency of the United States shall waive any 
requirement for local matching funds (including in-kind contributions) 
that the insular area would otherwise be required to provide for any 
non-competitive grant as follows:
          ``(1) For a grant requiring matching funds (including in-kind 
        contributions) of $500,000 or less, the entire matching 
        requirement shall be waived.
          ``(2) For a grant requiring matching funds (including in-kind 
        contributions) of more than $500,000, $500,000 of the matching 
        requirement shall be waived.''.
  (b) Conforming Amendment.--Section 601 of the Act entitled ``An Act 
to authorize appropriations for certain insular areas of the United 
States, and for other purposes'', approved March 12, 1980 (48 U.S.C. 
1469a note; 94 Stat. 90), is amended by striking ``, and adding the 
following sentence'' and all that follows through ``Islands'.''.

SEC. 11. FISHERY ENDORSEMENTS.

  Section 12113 of title 46, United States Code, is amended by adding 
at the end the following:
  ``(j) Certain Exemption.--Paragraph (3) of subsection (a) shall not 
apply to any vessel--
          ``(1) that offloads its catch in part or full in American 
        Samoa; and
          ``(2) that was rebuilt outside of the United States before 
        January 1, 2011.''.

SEC. 12. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN AMERICAN SAMOA.

  Section 8104 of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 
note) is amended by adding at the end the following:
  ``(c) Effects of Minimum Wage Differentials in American Samoa.--The 
reports required under this section shall include an analysis of the 
economic effects on employees and employers of the differentials in 
minimum wage rates among industries and classifications in American 
Samoa under section 697 of title 29, Code of Federal Regulations, 
including the potential effects of eliminating such differentials prior 
to the time when such rates are scheduled to be equal to the minimum 
wage set forth in section 6(a)(1) of the Fair Labor Standards Act (29 
U.S.C. 206(a)(1)).''.

SEC. 13. OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) Caribbean Border Counternarcotics Strategy.--The Office of 
National Drug Control Policy shall develop a biennial Caribbean Border 
Counternarcotics Strategy, that is made available to the public, with 
emphasis on the borders of Puerto Rico and the Virgin Islands of the 
United States, on terms substantially equivalent to the existing 
Southwest Border Counternarcotics Strategy and the Northern Border 
Counternarcotics Strategy.
  (b) Amendment.--Section 704(b)(13)(B) of the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)(13)(B)) 
is amended by inserting ``the borders of Puerto Rico and the Virgin 
Islands of the United States and'' after ``in particular''.

SEC. 14. DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS.

  (a) Definition of State.--Section 201(5) of the REAL ID Act of 2005 
(49 U.S.C. 30301 note; Public Law 109-13) is amended by striking ``the 
Trust Territory of the Pacific Islands,''.
  (b) Evidence of Lawful Status.--Section 202(c)(2)(B) of the REAL ID 
Act of 2005 (49 U.S.C. 30301 note; Public Law 109-13) is amended--
          (1) in clause (viii), by striking ``or'' after the semicolon 
        at the end;
          (2) in clause (ix), by striking the period at the end and 
        inserting ``; or''; and
          (3) by adding at the end the following:
                          ``(x) is a citizen of the Republic of the 
                        Marshall Islands, the Federated States of 
                        Micronesia, or the Republic of Palau who has 
                        been admitted to the United States as a 
                        nonimmigrant pursuant to a Compact of Free 
                        Association between the United States and the 
                        Republic or Federated States.''.

                                Purpose

    The purpose of S. 1237 is to improve the administration of 
certain programs in the insular areas of the United States.

                      Summary of Major Provisions

    S. 1237 calls for certain studies and reports and amends 
various laws and programs with respect to the insular areas. 
Specifically, it would:
          (1) change how fees collected from the allocation of 
        foreign worker visas in the Commonwealth of the 
        Northern Mariana Islands can be spent, and extends the 
        transition period for the collection of these fees and 
        for the foreign worker program from 2014 to 2019;
          (2) require the Secretary of the Interior to develop 
        an energy action plan to address the energy needs of 
        each of the territories and Freely Associated States;
          (3) require the Comptroller General of the United 
        States to submit a report to Congress evaluating the 
        annual estimates of revenue and expenditure of the 
        territorial governments (except Puerto Rico), and make 
        recommendations if the Comptroller determines them 
        necessary;
          (4) authorize the Secretary of Health and Human 
        Services to make, for a three year period, larger 
        grants to the government of the U.S. Virgin Islands 
        under the Low-Income Home Energy Assistance Act of 
        1981;
          (5) recognize the suffering and loyalty of the 
        residents of Guam during the occupation of Guam during 
        World War II by Japanese military forces by providing 
        for the payment of compensation to victims and 
        survivors;
          (6) clarify that, within Guam, preference shall be 
        given to U.S. citizens and nationals over eligible 
        lawful resident aliens in receiving Federal housing 
        assistance;
          (7) require the Comptroller General of the United 
        States to conduct a study of the use of benefit-to-cost 
        ratio formulas by Federal agencies when evaluating 
        projects in American Samoa;
          (8) require all Federal agencies to waive up to 
        $500,000 in local matching fund requirements for non-
        competitive grants for the territories (except Puerto 
        Rico);
          (9) exempt certain American-made tuna purse seine 
        vessels from the requirement that they be rebuilt in 
        the United States;
          (10) require the Comptroller General of the United 
        States, in the current reports on the impact of minimum 
        wages in American Samoa, to include an analysis of the 
        economic effects of the several different minimum wage 
        rates used among industries and classifications in 
        American Samoa;
          (11) require the Office of National Drug Control 
        Policy to develop and make available to the public a 
        biennial Caribbean Border Counternarcotics Strategy 
        with emphasis on Puerto Rico and the Virgin Islands; 
        and
          (12) clarify that citizens of the three Freely 
        Associated States who reside lawfully in the United 
        States shall be able to obtain a driver's license or 
        state identification card under the Real ID Act (Public 
        Law 109-13).

                          Background and Need

    The sovereignty of the United States extends to various 
insular areas, including the Commonwealth of Puerto Rico, the 
United States Virgin Islands, American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands. Congress has 
extended U.S. citizenship to people born in these insular 
areas, except for American Samoa. People born in American Samoa 
are non-citizen nationals of the United States. Congress has 
the responsibility to ``make all needful Rules and Regulations 
respecting'' the insular areas under its jurisdiction under the 
Territories Clause, article V, section 3, clause 2, of the 
Constitution.
    In addition, the United States has entered into Compacts of 
Free Association with the self-governing, sovereign Republic of 
Palau, the Federated States of Micronesia, and the Republic of 
the Marshall Islands, which are collectively referred to as the 
Freely Associated States (FAS). The Freely Associated States 
were part of the Trust Territory of the Pacific Islands, 
formerly administered by the United States under a United 
Nations trusteeship following World War II.

Amendments to the Covenant with the CNMI

    In 1976, Congress approved the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands (CNMI) in 
Political Union with the United States of America (Public Law 
94-241). It was fully implemented on November 3, 1986, and 
conferred U.S. citizenship on qualified CNMI residents. The 
Covenant also exempted the CNMI from most of the provisions of 
U.S. immigration law so that the CNMI controlled immigration 
locally. Under this local immigration authority, the CNMI 
established programs to permit aliens to enter into the CNMI as 
workers and investors.
    Section 503 of the Covenant allows Congress to extend U.S. 
immigration and naturalization laws to the CNMI and this was 
done under the Consolidated Natural Resources Act of 2008 
(CNRA)(Public Law 110-229). The CNRA provided for: (1) A five-
year transition period until Federal immigration laws would 
fully apply; (2) a Commonwealth-Only Transitional Worker 
classification to meet the CNMI's need for foreign workers who 
would not otherwise be eligible to enter the CNMI under Federal 
law; (3) a vocational training fund to support the training of 
U.S. citizens and legal residents to fill jobs held by foreign 
workers; and (4) a $150 fee to be charged to employers for each 
foreign worker visa to fund vocational training efforts. The 
five-year transition period, including the Transitional Worker 
Program, ends on December 31, 2014.
    The Government Accountability Office (GAO), in its 
September 2012 report to Congress (GAO-12-975), estimated that 
54 percent of the Northern Marianas workforce was still 
comprised of foreign workers and noted that the ``CNMI economy 
remains dependent on foreign workers.'' Recent improvements in 
hotel occupancy rates and the number of in-bound tourists 
indicate that the demand for service workers, which is largely 
filled by foreign workers, will likely grow. However, GAO also 
noted that ``uncertainty about future access to foreign workers 
. . . may be creating disincentives for investment.''
    The Delegate from the CNMI, Gregorio Sablan, has requested 
legislation to extend the transition period through 2019, 
including the transition program for foreign worker, to give 
employers more time to transition fully from foreign workers.
    Under current law, the Department of Homeland Security 
transfers the $150 fee paid by employers for each foreign 
worker visa to the CNMI government for ``ongoing vocational 
educational curricula and program development by Commonwealth 
educational entities.'' Additional legislation is needed to 
require the CNMI government to provide the U.S. Secretary of 
Labor with a plan for the expenditure of these funds, a 
projection of the plan's effectiveness in the placement of U.S. 
workers, and a report on changes in the employment of U.S. 
workers attributable to prior year expenditures; and to require 
the U.S. Secretary of Labor to report to Congress on the 
effectiveness of meeting the CNMI government's plan. These 
reforms are needed to provide greater accountability over these 
fees and to help Congress to assess the effectiveness of this 
fee in meeting the goal of encouraging the workforce transition 
from foreign to U.S. workers.

Study of electric rates in the insular areas

    One of the Federal policy goals for the insular areas and 
FAS is to promote economic development. However, a significant 
barrier to economic development is the high cost of electricity 
that results from the islands' dependence on expensive imported 
fuel for the generation of electricity.
    Under current law (48 U.S.C. 1492), the Secretary of 
Energy, in consultation with the Secretary of the Interior, is 
responsible for preparing a comprehensive energy plan with 
emphasis on indigenous renewable energy sources for certain 
insular areas and the FAS. The Department of the Interior 
supports the Department of Energy's energy planning efforts and 
provides financial support for specific renewable energy 
projects in the insular areas through the Office of Insular 
Affairs' Empowering Insular Communities grant program. 
Additional legislation may be useful to require the Secretary 
of the Interior to develop an energy action plan for each of 
the insular areas and to assist the insular areas in 
implementing their plans.

Reports on estimates of revenues

    A lack of capacity in financial management and deficit 
spending are continuing challenges for each of the territorial 
governments. The Department of the Interior has testified that 
the insular areas have had difficulty with rising debt due to 
problematic budgeting processes. Additional legislation is 
needed obtain information on whether annual estimates or 
forecasts of revenue and expenditure in the insular areas are 
reasonable, and to obtain the recommendations of the 
Comptroller General for improving the process for developing 
such estimates or forecasts.

Low-income home energy assistance program

    Virtually all electricity in the insular areas is generated 
from imported fuel and increasing global oil prices have made 
high electricity rates a challenge throughout the insular 
areas. This challenge was exacerbated in the U.S. Virgin 
Islands by the closure of the Hovensa oil refinery in St. 
Croix, in January 2012. As a part of its operating agreement, 
the Hovensa refinery supplied the Virgin Islands Water and 
Power Authority with the fuel used to generate electricity at 
favorable rates. As a result of the global run-up in the price 
of oil and the refinery's closure, the cost of electricity in 
the U.S. Virgin Islands increased from roughly twice the 
average mainland U.S. rate of 10 cents per kilowatt-hour, to 
over four times the average mainland rate. These high rates are 
having a harmful impact throughout the economy of the U.S. 
Virgin Islands, forcing many businesses to close, and forcing 
businesses, government agencies and families to reduce the use 
of air-conditioning that is essential for maintaining physical 
comfort and for protecting electrical equipment and other 
machinery from the damaging effects of the Islands' tropical 
climate.
    In response to this crisis, the Delegate from the U.S. 
Virgin Islands, Donna Christensen, requested legislation to 
authorize the Secretary of Health and Human Services to 
increase the grants to the Government of the U.S. Virgin 
Islands under the Low-Income Home Energy Assistance Act of 1981 
to an amount equal to 3 times the fiscal year 2013 allocation. 
Specifically, this would increase the Islands' allocations for 
fiscal years 2014 to 2017 to $450,000 from the $150,000 
received in fiscal year 2013. Eligibility for assistance under 
the program would continue to be limited to households with 
incomes below 300 percent of the poverty level for the U.S. 
Virgin Islands.

Guam War Claims Review Commission

    Guam was acquired by the U.S. in 1898 at the conclusion of 
the Spanish American War and its residents became U.S. 
nationals. The island was invaded by the Imperial Forces of 
Japan on December 10, 1941, and it was under military 
occupation until liberation on July 21, 1944. During the 
occupation, nearly 22,000 Guam residents suffered very harsh 
treatment, including executions, rapes, beatings, imprisonment, 
forced labor, and forced marches. On September 8, 1951, Japan 
and the United States signed a treaty stating that restitution 
from Japan could not be claimed by American citizens. As a 
result, Guam residents had to turn to the United States for 
compensation of war-time injuries.
    In 1945, Congress passed Public Law 79-224, the Guam 
Meritorious Claims Act, which authorized payment of war claims. 
However, due to concerns with the pace of the recovery and 
compensation efforts, in January 1947, the Secretary of the 
Navy appointed a committee to evaluate the program for the 
reconstruction and rehabilitation of Guam including the 
infrastructure, economy and payment of compensation for claims. 
With respect to claims, the Secretary's committee found that 
while many payments had been made, ``that the process of 
settlement and payment has been advancing too slowly and that 
if there is to be any benefit whatsoever to the stricken 
Guamanians some changes in procedure must be made.'' The 
Secretary's committee also recommended a number of changes to 
both the claims statute and the Secretary of the Navy's 
regulations. Later investigation by the Guam War Claims Review 
Commission could not find specific evidence that many of these 
recommendations were adopted.
    In January 16, 2002, Congress enacted Public Law 107-333, 
which established the Guam War Claims Review Commission to 
review Guam war claims and ``determine whether there was parity 
of war claims paid to the residents of Guam under the Guam 
Meritorious Claims Act as compared with awards made to other 
similarly affected U.S. citizens or nationals in territory 
occupied by the Imperial Japanese military forces during World 
War II.'' On June 10, 2004, Congress received the final report 
from the Review Commission. Among the Commission's 
recommendations were that Congress acknowledge both the 
suffering of the Guamanians during the Japanese occupation and 
the loyalty shown to the United States during the war; and that 
Congress provide funding to pay compensation to eligible 
survivors for claims of death and personal injury.
    The Delegate from Guam, Madeleine Z. Bordallo, requested 
legislation to provide for the adjudication of claims and for 
the payment of compensation as recommended by the Commission. 
Funding for these payments would come from Federal tax 
collections that are transferred to Guam pursuant to section 30 
of the Organic Act of Guam. Guam anticipates increased 
transfers of funds under section 30 as a result of the 
relocation of U.S. military forces in the Asia-Pacific region 
to Guam. The requested legislation would permit use of these 
increases, above what was collected in 2012, to pay war claims 
awards.

Improvements in HUD assisted programs

    Currently, the Housing and Community Development Act of 
1980 is interpreted by program officials as not giving a 
preference in housing assistance to U.S. citizens and nationals 
over lawful resident aliens. However, section 141 of the 
Compact of Free Association Amendments Act of 2003 (Public Law 
108-188) permits citizens of the FAS to enter into the U.S. to 
lawfully engage in occupations and establish residence as 
nonimmigrants in the U. S. and its territories. This privilege 
has resulted in a substantial migration to Guam so that FAS 
citizens now account for roughly 10 percent of the total Guam 
population. The presence of these lawful resident aliens has 
effectively cut-off U.S. citizens and nationals from housing 
assistance. Accordingly, the Delegate from Guam requested that 
legislation to clarify the interpretation of the Housing and 
Community Development Act of 1980, so that U.S. citizens and 
nationals would receive preference over lawful resident aliens 
in receiving Federal housing assistance.

Benefit to cost ratio study for projects in American Samoa

    American Samoa is the most remote of the U.S. territories 
and, with approximately 55,000 residents, it is the second 
smallest territory by population. Many infrastructure projects 
in American Samoa are ineligible for funding from certain 
Federal programs because they do not meet benefit-to-cost ratio 
requirements. The Delegate from American Samoa, Eni F.H. 
Faleomavaega, requested legislation to require the Comptroller 
General of the United States to conduct a study regarding the 
use of benefit-to-cost ratio formulas by Federal departments, 
specifically benefit to-cost ratio formulas used by the 
Secretary of Transportation and the Secretary of the Army, for 
purposes of evaluating projects in American Samoa, and to 
assess whether the benefit-to-cost ratio formulas take into 
account the remote locations in American Samoa, the cost of 
transportation and other factors.

Waiver of local matching requirements

    In response to the economic development and revenue 
challenges faced by the territories, in 1977 Congress enacted 
Public Law 95-134, which requires any Federal department or 
agency to waive any matching grant requirement for local 
matching funds under $200,000 that is required by law to be 
provided by American Samoa, Guam, the U.S. Virgin Islands or 
the CNMI. However, the territorial governments expressed a 
concern that some agencies are using the words ``by law'' to 
argue that they are not required to waive the local matching 
requirement in some cases because the match is required by 
regulation, not ``by law.'' In addition, the territorial 
Delegates asked that the $200,000 level for the waiver of the 
matching requirement be increased to account for inflation. 
Legislation is needed to waive the local matching requirements 
and to increase the amount of matching funds (including in-kind 
contributions) that would be waived from $200,000 to $500,000.

Fishery endorsements

    Fish processing is the largest sector of the economy of 
American Samoa. However, a new requirement that U.S.-built tuna 
purse seine vessels must also have been rebuilt in the U.S. to 
offload in U.S. ports would do serious harm to the American 
Samoa economy. Accordingly, the Delegate from American Samoa 
requested legislation to establish a limited exemption from 
this requirement. The requested exemption would apply to U.S.-
built tuna purse seine vessels that were rebuilt outside of the 
U.S. provided that the vessel offloads its catch in part or in 
full in American Samoa, and that the vessel was rebuilt before 
January 1, 2011.

Effects of minimum wage differentials in American Samoa

    American Samoa had local control over the setting of 
minimum wages levels until the enactment of the Fair Minimum 
Wage Act of 2007 which required that the territory gradually 
increase its minimum wage according to a congressionally 
prescribed schedule until reaching the Federal level. However, 
the local American Samoa minimum wage law had established 
dozens of separate minimum wage levels for the various 
industries and job classifications within the American Samoa 
economy. Continuing these many different minimum wage levels 
during the transition to the single Federal minimum wage may be 
imposing unnecessary burdens on island employers. Accordingly, 
the Delegate from American Samoa requested legislation to 
require the Comptroller General of the United States, in the 
analysis the Comptroller is currently required to conduct under 
the Fair Minimum Wage Act of 2007, to analyze and report on the 
economic effects on employees and employers of the several 
different minimum wage rates among industries and 
classifications in American Samoa.

Office of National Drug Control Policy

    In recent years, the substantial increase in U.S. border 
protection and counternarcotics efforts along the Southwest and 
Northern borders have resulted in increased drug smuggling 
activity across the relatively less-protected Caribbean borders 
of Puerto Rico and the U.S. Virgin Islands. U.S. citizens in 
the Caribbean are facing a law enforcement crisis. While the 
national murder rate has declined in recent decades, the number 
of homicides in Puerto Rico and the U.S. Virgin Islands remains 
high and most of these murders are linked to the drug trade. 
Because Puerto Rico is within the customs territory of the 
U.S., once drugs enter the Island they can be relatively easily 
shipped to the states without undergoing heightened scrutiny. 
The inadequacy of the Federal Government's effort to address 
this crisis is illustrated by the fact that the National Drug 
Control Strategy includes discussions of the Southwest border, 
the Northern border, and Indian country, but not the Caribbean 
border. Accordingly, the Resident Commissioner and Delegate 
from Puerto Rico and the U.S. Virgin Islands requested 
legislation to require the Office of National Drug Control 
Policy to prepare and publish a Caribbean Border 
Counternarcotics Strategy on terms substantially equivalent to 
the Southwest border and Northern border strategies.

Driver's licenses and personal identification cards

    Section 141 of the Compact of Free Association Amendments 
Act of 2003 (Public Law 108-188) permits citizens of the FAS to 
enter into the U.S. to lawfully engage in occupations and 
establish residence as nonimmigrants in the U.S. and its 
territories. However, the REAL ID Act of 2005 (Public Law 109-
13) did not provide a means for FAS citizens to establish their 
lawful status in the United States under the Compact and obtain 
a driver's license or identification card. On, November 13, 
2013, the Ambassadors to the United States from the FAS wrote 
to the Committee requesting that a provision be included in 
this bill that would amend the REAL ID Act to clarify that 
citizens of the FAS who reside lawfully in the U.S. are able to 
obtain a driver's license or state identification card under 
the REAL ID Act.

                          Legislative History

    S. 1237 was introduced, by Senators Wyden and Murkowski (by 
request) on June 27, 2013. The bill is an omnibus measure that 
includes several provisions related to bills previously 
introduced by Delegates from the U.S. territories in the House 
of Representatives including: H.R. 2200, the Territorial 
Omnibus Act of 2013; H.R. 44, the Guam World War II Loyalty 
Recognition Act; H.R. 83, to require the Secretary of the 
Interior to assemble a team of technical, policy, and financial 
experts to address the energy needs of the insular areas of the 
United States and the Freely Associated States through the 
development of action plans aimed at reducing reliance on 
imported fossil fuels and increasing use of indigenous clean-
energy resources, and for other purposes; H.R. 85, to create 
the Office of Chief Financial Officer of the Government of the 
Virgin Islands, and for other purposes; and H.R. 89, to 
establish the St. Croix National Heritage Area, and for other 
purposes.
    The Committee on Energy and Natural Resources held a 
hearing on S. 1237 on July 11, 2013 (S. Hrg. 113-177), and 
ordered the bill favorably reported, as amended, at a business 
meeting on December 19, 2013.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 19, 2013, by a unanimous voice 
vote of members present, recommends that the Senate pass S. 
1237, if amended as described herein. Senators Barrasso, Lee, 
Alexander and Scott asked that they be recorded as voting no.

                          Committee Amendment

    During its consideration of S. 1237, the Committee adopted 
an amendment in the nature of a substitute, as amended by 3 
amendments to section 4, Study of Electric Rates in the Insular 
Areas.
    The amendment in the nature of a substitute eliminated 
provisions conveying to the submerged lands beneath the 
territorial sea surrounding the CNMI, adjusting scheduled wage 
increases in the CNMI, holding a referendum in the U.S. Virgin 
Islands on whether to establish a chief financial officer, 
establishing the Castle Nugent National Historic Site, 
designating the St. Croix National Heritage Area, providing for 
payment by the FAS for Federal Programs by in-kind 
contributions, holding a citizenship plebiscite in American 
Samoa, and making insular areas eligible for marine turtle 
conservation assistance (sections 3, 4, 7, 10, 11, 13, 19, and 
20 of S. 1237 as introduced, respectively). In addition, 
provisions relating to the Office of National Drug Control 
Policy and driver's license and personal identification cards, 
which were not included in S. 1237 as introduced, were added to 
the substitute (sections 13 and 14 of S. 1237 as ordered 
reported).
    The three amendments to the substitute approved by the 
Committee (1) clarify that ``imported fuels'' means those fuels 
shipped to the insular areas and FAS from ports outside the 
U.S.; (2) clarify that to ``develop indigenous, nonfossil fuel 
energy sources'' means the utilization of domestic energy 
sources; and (3) require that the energy action plans shall not 
be implemented until approved by the Secretary.

                      Section-by-Section Analysis

    Section 1 provides a short title, the ``Omnibus Territories 
Act of 2013.''
    Section 2 sets forth the table of contents.
    Section 3(1)(A) amends section 6(a)(2) of the Joint 
Resolution to approve the ``Covenant To Establish a 
Commonwealth of the Northern Mariana Islands in Political Union 
with the United States of America'' (the Covenant) (48 U.S.C. 
1806) to extend the transition period for the application of 
the Immigration and Nationality Act to the CNMI for five 
additional years (until December 21, 2019).
    Subparagraph (B) of section 3(1) of the bill reenacts 
section 6(a)(6) of the Covenant as section 6(a)(6)(A) and adds 
new subparagraphs (B) and (C) to section 6(a)(6) of the 
Covenant. As reenacted, section 6(a)(6)(A) renews the 
requirement that the Secretary of Homeland Security charge an 
annual fee of $150 per nonimmigrant worker to each prospective 
employer who is issued a permit under section 6(d) of the 
Covenant. As is now the case under current law, this fee is to 
be paid to the CNMI government for funding a vocational 
educational program in CNMI educational entities.
    Section 6(a)(6)(B) of the Covenant, as added by section 
3(1)(B) of the bill, requires, at the beginning of each fiscal 
year and prior to the payment of this fee to the CNMI, that the 
CNMI provide the U.S. Secretary of Labor with a plan for the 
expenditure of the funds, a projection of the effectiveness of 
these expenditures in the placement of U.S. workers into jobs, 
and a report on the changes in employment of U.S. workers 
attributable to prior year expenditures.
    Section 6(a)(6)(C), as added by section 3(1)(B) of the 
bill, requires the U.S. Secretary of Labor to report to the 
Congress every 2 years on the effectiveness of meeting the 
goals of the CNMI government's annual plan for the expenditure 
of these funds.
    Section 3(2) of the bill amends section 6(d) of the 
Covenant to extend the termination date of the transition 
period from December 31, 2014, to December 31, 2019, strikes 
paragraph 5 (relating to a determination whether an extension 
of the transition period is needed), and renumbers paragraph 
(6) as paragraph (5) (relating to the admission of a spouse or 
minor child of an admitted worker).
    Section 4 requires the Secretary of the Interior, not later 
than 180 days after the date of enactment, to establish, within 
the Interior Department's existing Empowering Insular 
Communities budget activity, a team of technical, policy, and 
financial experts to develop an energy action plan addressing 
the energy needs of each of the insular areas and FAS and to 
assist each of these in implementing their respective plan. 
Subsection (c) requires the Secretary, in establishing the 
team, to consider including regional utility organizations. 
Subsection (d) requires that the plans shall include: 
recommendations to reduce reliance and expenditures on fuel 
shipped to the insular areas and FAS from ports outside the 
United States; develop and utilize domestic fuel energy 
sources; improve performance of energy infrastructure and 
overall energy efficiency; a schedule for implementation of 
recommendations and identification and prioritization of 
specific projects; a financial and engineering plan for 
implementing and sustaining projects; and benchmarks for 
measuring progress toward implementation. Subsection (e) 
requires the team to report to the Secretary, not later than 1 
year after the team is established and annually thereafter, on 
progress made in fulfilling its charge and in implementing the 
energy action plan. Subsection (f) requires the Secretary, not 
later than 30 days after she receives a report from the team, 
to submit a summary of the report to Congress. Subsection (g) 
requires that each energy action plan shall not be implemented 
until approved by the Secretary.
    Section 5 requires the Comptroller General of the United 
States to submit a report to Congress that evaluates whether 
the annual estimates or forecasts of revenue and expenditure of 
the American Samoa, CNMI, Guam, and U.S. Virgin Island 
governments are reasonable and, as the Comptroller General 
determines to be necessary, to make recommendations for 
improving the process for developing estimates or forecasts.
    Section 6 amends, with respect to fiscal years 2014 through 
2017, the percentage described in section 2605(b)(2)(B)(i) of 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 12 
8624(b)(2)(B)(i)) to be 300 percent of the fiscal year 2013 
amount when applied to households located in the U.S. Virgin 
Islands.
    Section 7(a)(1) recognizes, as described by the Guam War 
Claims Review Commission, that the residents of Guam suffered 
grievous harm as a result of the occupation of Guam by Imperial 
Japanese military forces during World War II by being subjected 
to death, rape, severe personal injury, personal injury, forced 
labor, forced march, or internment. Subsection (a)(2) expresses 
the gratitude of the United States forever to the residents of 
Guam for their steadfast loyalty to the United States, as 
demonstrated by their countless acts of courage despite the 
threat of death or great bodily harm which they faced at the 
hands of the Imperial Japanese military forces.
    Section 7(b)(1) directs the Secretary of the Treasury to 
establish a special fund (Claims Fund) for the payment of 
claims submitted by compensable Guam victims and survivors of 
compensable Guam decedents in accordance with subsections (c) 
and (d). Paragraphs (2) and (3) of subsection (b) provide that 
the Claims Fund will be composed of amounts deposited into the 
Claims Fund of duties, taxes, and fees collected after fiscal 
year 2012 pursuant to section 30 of the Organic Act of Guam (48 
U.S.C. 1421h) that are in excess of such duties, taxes, and 
fees collected in fiscal year 2012, and any other amounts made 
available for the payment of claims under this Act. Subsection 
(b)(4) provides that no payment for any claims may be made from 
the Claims Fund in any fiscal year until funds are deposited 
into the Claims Fund from that fiscal year, and that each 
fiscal year in which funds are deposited into the Claims Fund, 
the total amount of payments made may not exceed the amount of 
funds available in the Claims Fund for that fiscal year. 
Subsection (b)(5) requires the Secretary of the Treasury to 
deduct from the Claims Fund, 5 per cent for reimbursement to 
the Federal Government for expenses incurred in the 
administration of this Act.
    Subsection (c)(1) requires that after the Secretary of the 
Treasury receives a certification from the Foreign Claims 
Settlement Commission under subsection (d), the Secretary shall 
make payments to compensable Guam victims and survivors of 
compensable Guam decedents: first, to compensable Guam victims, 
$15,000 for rape or severe personal injury; $12,000 for forced 
labor or personal injury; and $10,000 for forced march, 
internment, or hiding to avoid internment; and second, to 
compensate survivors of compensable Guam decedents, $25,000, to 
be distributed in accordance with section 7(c)(2). Paragraph 
7(c)(3) sets forth definitions for ``compensable Guam 
decedent'' and for ``compensable Guam victim'' and directs that 
the Foreign Claims Settlement Commission to specify the 
injuries that constitute a ``severe personal injury'' or a 
``personal injury''.
    Section 7(d)(1) directs the Foreign Claims Settlement 
Commission to adjudicate claims and determine the eligibility 
of individuals for payments under subsection (c). Paragraph (2) 
sets forth administrative procedures for the Commission 
including: the process for the submission of claims; rules for 
adjudicating claims; rules for the deduction from compensation 
of amounts previously paid; limits on interest paid; limits on 
compensation for representational services to claimants; 
penalties for excessive representational compensation; rules 
for appeals of Commissions decisions; certification to the 
Secretary of the Treasury to make payments; the treatment of 
affidavits accompanying claims; and the requirement for a 
release of claims upon acceptance of a payment.
    Section 8 amends section 214(a)(7) of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) to 
provide that a citizen or national of the United States shall 
be entitled to a preference or priority in receiving assistance 
before any alien who is otherwise eligible for such assistance.
    Section 9(a) directs the Comptroller General of the United 
States to conduct a study regarding the use of benefit-to-cost 
ratio formulas by Federal departments and agencies for 
evaluating projects in American Samoa. Subsection (b)(1) 
directs the Comptroller General, in conducting the study, to 
assess whether the benefit-to-cost ratio formulas take into 
consideration the remote locations in, and the cost of 
transportation to and from, American Samoa, and other 
significant factors that are not comparable to locations within 
the 48 contiguous States. Subsection (b)(2) requires the 
Comptroller General to particularly assess the use of benefit-
to-cost ratio formulas used by the Secretary of Transportation 
with respect to airport traffic control tower programs and the 
Army Corps of Engineers with respect to harbor projects or 
other water resources development projects. Subsection (b)(3) 
directs the Comptroller General to submit to Congress a report 
on the results of the study not later than 1 year after the 
date of enactment of this Act.
    Section 10 amends section 501 of the Act entitled ``An Act 
to authorize certain appropriations for the territories of the 
United States, to amend certain Acts relating thereto, and for 
other purposes,'' (48 U.S.C. 1469a; 91 Stat. 1164), to provide 
that, notwithstanding any other provision of law, for American 
Samoa, Guam, the U.S. Virgin Islands, and the CNMI, each 
Federal agency shall waive any requirement of $500,000 or less 
for local matching funds (including in-kind contributions) that 
the insular area would otherwise be required to provide, and 
for a grant requiring matching funds of more than $500,000, 
$500,000 of the matching requirement shall be waived.
    Section 11 amends section 12113 of title 46, United States 
Code, to add an exemption for certain tuna purse seine vessels 
from landing their catch in American Samoa, if the vessel 
offloads its catch in part or full in American Samoa and if the 
vessel was rebuilt outside of the United States before January 
1, 2011.
    Section 12 amends section 8104 of the Fair Minimum Wage Act 
of 2007 (29 U.S.C. 206 note) to add a requirement that the 
Comptroller General of the United States, as a part of the 
reports on minimum wage required under Section 8104, shall 
include an analysis of the economic effects on employees and 
employers of the differentials in minimum wage rates among 
industries and classifications in American Samoa, including the 
potential effects of eliminating such differentials before the 
rates are scheduled to reach the Federal the minimum wage rate.
    Section 13 requires the Office of National Drug Control 
Policy to develop a biennial Caribbean Border Counternarcotics 
Strategy, that is to be made available to the public, with 
emphasis on the borders of Puerto Rico and the Virgin Islands 
and on terms substantially equivalent to the existing Southwest 
Border and Northern Border Counternarcotics Strategies.
    Section 14 amends sections 201(5) and 202(c)(2)(B) of the 
REAL ID Act of 2005 (49 U.S.C. 30301; Public Law 109-13) to 
clarify that citizens of the Republic of the Marshall Islands, 
the Federated States of Micronesia, and the Republic of Palau 
who have been admitted to the United States as nonimmigrants 
pursuant to a Compacts of Free Association, are eligible for 
driver's licenses or personal identification cards under the 
REAL ID Act.

                    Cost and Budgetary Consideration

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 1237--Omnibus Territories Act of 2013

    Summary: S. 1237 would amend laws concerning the 
territories of American Samoa, Guam, the U.S. Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands 
(collectively known as insular areas). The legislation would 
authorize federal agencies to waive the requirement to provide 
local matching funds to receive certain federal grants in the 
insular areas; the amount of the waiver could not exceed 
$500,000. The legislation also would create a fund that would 
pay compensation to people and their family members who were 
victims of the Japanese occupation of Guam during World War II. 
Finally, S. 1237 would require reports to the Congress by the 
Department of the Interior, the Government Accountability 
Office, and the Office of National Drug Control Policy 
concerning issues faced by the insular areas.
    CBO estimates that enacting S. 1237 would increase net 
direct spending by about $20 million over the 2015-2024 period. 
Because the bill would affect direct spending, pay-as-you-go 
procedures apply. Enacting the bill would not affect revenues.
    Implementing the bill would increase spending subject to 
appropriation by about $1 million over the 2015-2019 period, 
assuming availability of appropriated funds.
    S. 1237 would impose no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1237 is shown on the following table. 
The costs of this legislation fall within budget functions 600 
(income security) and 800 (general government).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2015    2016    2017    2018    2019    2020    2021    2022    2023    2024   2015-2019  2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDINGa

Waiver of Matching Funds:
    Estimated Budget Authority....................       2       2       2       2       2       2       2       2       2       2        10         20
    Estimated Outlays.............................       2       2       2       2       2       2       2       2       2       2        10         20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000
aIn addition, S. 1237 would increase discretionary costs by $1 million over the 2015-2019 period for preparation of additional reports for the Congress,
  assuming availability of appropriated funds.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of fiscal year 2014.

Waiver of matching funds

    Under current law, federal agencies are allowed to waive 
the requirement for the first $200,000 of local matching funds 
for federal grants to the territories of American Samoa, Guam, 
the Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands. S. 1237 would increase that waiver from 
$200,000 to $500,000.
    If the bill is enacted, the territories would be allowed to 
spend less of their own funds for several mandatory programs, 
including the Temporary Assistance for Needy Families, Foster 
Care, Medicaid, Supplemental Nutrition Assistance, and Child 
Support Enforcement (CSE) programs. Federal grants to the 
territories are capped for most programs, so federal spending 
would generally remain unchanged. However, funding for 
administrative costs in the Supplemental Nutrition Assistance 
and CSE programs in the territories is not capped. Guam and the 
Virgin Islands participate in those programs.
    Federal costs for those two programs would increase for two 
reasons if S. 1237 was enacted. CBO expects that federal 
payments to the two territories would increase by the amount of 
the additional waived funds. In addition, CBO expects that the 
territories would use some of the amounts they no longer have 
to use for those purposes to draw down additional federal 
matching funds. In total, CBO estimates that federal spending 
would increase by about $2 million annually.

Guam War Claims Fund

    S. 1237 would establish a schedule of compensation payments 
to Guam residents and family members for their treatment during 
the island's occupation by Japanese military forces during 
World War II and create a new fund within the U.S. Treasury to 
make those payments.
    Under current law, customs duties and federal income taxes 
derived from Guam and certain other amounts collected under 
federal laws are paid to the treasury of Guam for use by that 
territory's government. In 2012 those payments totaled $57 
million. If S. 1237 was enacted, any such future payments due 
to Guam that exceed the amount paid in 2012 would instead be 
paid to a new U.S. Treasury fund that would be available to 
make compensation payments. CBO estimates that the collection 
and spending of those funds would have no significant net 
impact on direct spending over the 2015-2024 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 1237 would increase direct spending; therefore, 
pay-as-you-go procedures apply. The net budgetary changes that 
are subject to pay-as-you-go procedures are shown in the 
following table.

  CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 1237, THE OMNIBUS TERRITORIES ACT OF 2013, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                    ENERGY AND NATURAL RESOURCES ON DECEMBER 19, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2014    2015    2016    2017    2018    2019    2020    2021    2022    2023    2024   2014-2019  2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       2       2       2       2       2       2       2       2       2       2        10         20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1237 would 
impose no intergovernmental or private-sector mandates as 
defined in UMRA.
    Estimate prepared by: Federal costs: Kathleen FitzGerald 
and Matthew Pickford; Impact on state, local, and tribal 
governments: Melissa Merrell; Impact on the private sector: Amy 
Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1237.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals or businesses.
    Personal information would be collected by the Federal 
government under section 7 to the extent victims or survivors 
of the Japanese occupation of Guam submit claims for 
compensation. Personal information would also be collected by 
the Federal Government under section 8 to the extent residents 
of Guam and citizens of the FAS apply for Federal housing 
assistance.
    Additional paperwork would be required by the Federal 
Government from the enactment of several provisions of S. 1237. 
Section 3 would require additional paperwork because it 
requires the CNMI government to provide an annual worker 
training plan to the U.S. Secretary of Labor, and the Secretary 
of Labor to then report to Congress every 2 years on the 
effectiveness of this plan. Section 4 would increase paperwork 
by requiring the Secretary of the Interior to establish a team 
of energy experts to assist the insular areas in developing and 
implementing comprehensive energy plans, for the team to report 
annually to the Secretary, and for the Secretary to submit a 
summary of the team reports to Congress. Section 5 would 
increase paperwork by requiring the Comptroller General to 
evaluate and report to Congress on the estimates of revenues 
made by four of the insular governments. Section 7 would 
increase paperwork by establishing a Claims Fund in the U.S. 
Treasury, and by establishing a program under the Foreign 
Claims Settlement Commission to accept, adjudicate and certify 
claims for payment by the Treasury from victims and survivors 
of injuries suffered during the Japanese occupation of Guam 
during World War II. Section 9 would increase paperwork by 
requiring the Comptroller General to conduct a study and report 
to Congress on the use of benefit-to-cost ratio formulas by 
Federal agencies when evaluating projects in American Samoa. 
Section 12 would create additional paperwork by expanding the 
scope of the current Comptroller General report on the effects 
of minimum wage increases in American Samoa to include an 
analysis of the economic effects of the different minimum wage 
rates among industries in American Samoa. Finally, section 13 
would increase paperwork by requiring the Office of National 
Drug Control Policy to develop and make available to the public 
a biennial Caribbean Border Counternarcotics Strategy.
    The Committee does not expect any of the bill's 
information-collecting requirements to impose substantial 
additional paperwork or recordkeeping burdens, in either time 
or financial cost, on private industry or individuals.

                   Congressionally Directed Spending

    S. 1237, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the July 11, 2013, hearing on S. 1237 follows:

  Statement of Eileen Sobeck, Acting Assistant Secretary for Insular 
                   Areas, Department of the Interior

    Mr. Chairman and members of the Committee on Energy and 
Natural Resources, I am pleased to discuss, on behalf of the 
Department of the Interior, certain provisions of the Omnibus 
Territories Act of 2013, S. 1237. Sections 14, 15, 17, 18 and 
20 of the bill pertain to matters outside of the Department's 
jurisdiction; as such the Department defers to the relevant 
federal agencies for their views on these provisions.


                            territorial sea


    Section 3 would give the Commonwealth of the Northern 
Mariana Islands (CNMI) authority over the submerged lands out 
to three geographical miles from its coast lines.
    At present, the CNMI is the only United States territory 
that does not have title to the submerged lands in that portion 
of the United States territorial sea that is three miles 
distant from its coastline. It is appropriate that the CNMI be 
given the same authority as other territories.
    On January 6, 2009, by presidential proclamation, the 
Marianas Trench Marine National Monument (Monument) was 
created, including the Islands Unit, comprising the submerged 
lands and waters surrounding Uracas, Maug, and Asuncion, the 
northernmost islands of the CNMI. While creation of the 
monument is a historic achievement, it should be remembered 
that the leaders and people of the CNMI were and are these 
three islands' first preservationists. They included in their 
1978, plebiscite-approved constitution the following language:

        ARTICLE XIV: NATURAL RESOURCES
        Section 1: Marine Resources. The marine resources in 
        the waters off the coast of the Commonwealth over which 
        the Commonwealth now or hereafter may have any 
        jurisdiction under United States law shall be managed, 
        controlled, protected and preserved by the legislature 
        for the benefit of the people.
        Section 2: Uninhabited Islands. . . . The islands of 
        Maug, Uracas, Asuncion, Guguan and other islands 
        specified by law shall be maintained as uninhabited 
        places and used only for the preservation and 
        protection of natural resources, including but not 
        limited to bird, wildlife and plant species.

    It is important to note that the Northern Marianas 
Commonwealth Legislature has never taken action adverse to the 
preservation of these northern islands and the waters 
surrounding them. The people of the CNMI are well aware of 
their treasures. CNMI leaders consented to creation of the 
monument because they believed that the monument would bring 
Federal assets for marine surveillance, protection, and 
enforcement to the northern islands that the CNMI cannot 
afford.
    If enacted, section 3 would become a public law enacted 
subsequent to the creation of the Monument, and would convey to 
the CNMI the submerged lands surrounding Uracas, Maug, and 
Asuncion without addressing the effect of this conveyance on 
the administrative responsibilities of the Department of the 
Interior and the Department of Commerce. Presidential 
Proclamation 8335 (Proclamation) assigned management 
responsibility of the Monument to the Secretary of the 
Interior, in consultation with the Secretary of Commerce. The 
proclamation further states that the ``Secretary of Commerce 
shall have the primary management responsibility . . . with 
respect to fishery-related activities regulated pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) and any other applicable authorities.'' 
The Proclamation provides that submerged lands that are granted 
to the CNMI ``but remain controlled by the United States under 
the Antiquities Act may remain part of the monument'' for 
coordinated management with the CNMI. As envisioned by the 
Proclamation establishing the Monument, the Administration 
remains committed to protecting the outstanding resources in 
the waters surrounding the CNMI's three northernmost islands.
    Specifically, the Department strongly recommends an 
amendment to section 3 that addresses the coordination of 
management as contemplated within the Proclamation, prior to 
the transfer of the submerged lands within the Islands Unit of 
the Monument to the CNMI. Such language would protect the 
Islands Unit of the Monument and at the same time acknowledge 
the prescient and historic conservation effort of the leaders 
and people of the CNMI in protecting Uracas, Maug, and 
Asuncion, and their surrounding waters.
    The Department of the Interior strongly supports section 3 
and strongly recommends the above-referenced amendment. The 
Department of the Interior looks forward to the Commonwealth of 
the Northern Mariana Islands gaining rights in surrounding 
submerged lands similar to those accorded other territories.


           adjustment of scheduled wage increases in the cnmi


    Section 4 of the bill would slow minimum wage increases in 
the CNMI by forgoing the increases slated to take effect on 
September 30, 2013, and 2015. The 50-cent increases scheduled 
to occur in 2014, 2016 and annually thereafter would remain in 
effect.
    In 2007, the Congress put American Samoa and the CNMI on a 
path to match the United States minimum wage within a few 
years. Legislation dictated increases to the minimum wage of 
50-cents per year, until parity was achieved.
    Due to substantial economic hardship in American Samoa--the 
closure of one of its two tuna canneries--the law was amended 
to skip the increases for American Samoa from 2011 through 
2014.
    Both territories have isolated locations in the Pacific 
Ocean in neighborhoods of low wages. The CNMI has also suffered 
the loss of one of its two major industries--garment 
manufacturing. The purpose of section 4 is to spread out the 
minimum wage increases for the CNMI to help ensure the survival 
of island businesses and their employees' jobs. Specifically, 
section 4 would slow the pace of minimum wage increase until 
after 2015, when the annual increases would resume, similar to 
the adjustment made previously for American Samoa.
    The Department of the Interior has no objection to section 
4.


                        cnmi immigration issues


    Section 5 deals with fees and funding vocational education 
curricula and development of educational entities, and a five 
year extension of the statutory period (through December 31, 
2019) for lowering the number of CNMI-only foreign transitional 
worker permits to zero.
    Subsection 1 of Section 5 requires the CNMI government to 
provide a plan for the expenditure of educational funds 
collected (as required by statute) by the Department of 
Homeland Security as a supplemental fee on CNMI employers' 
transitional worker immigration petitions and provided to the 
CNMI government, and a projection of the effectiveness of these 
funds in finding employment for U.S. workers. Every two years 
the Secretary of Homeland Security must report on the 
effectiveness of meeting the goals set out in the annual plan.
    Subsections 2 and 3 of section 5 also relate to CNMI-
specific immigration provisions contained in the Consolidated 
Natural Resources Act of 2008 (CNRA). The CNRA shifted 
administration of immigration in the CNMI from CNMI to Federal 
authority, but also established a five-year transition period 
to allow the CNMI economy to adjust to the new regime.
    Coincident with change in World Trade Organization rules 
and the demise of the CNMI garment industry in the late 2000s, 
the CNMI's economy has struggled. The resulting tax and revenue 
decline has been challenging for the CNMI government.
    The Department of the Interior has always supported 
measures that promote economic development in the CNMI, and in 
the CNRA, the Congress specifically directed the Department of 
the Interior to aid the CNMI economy during the immigration 
transition. As a result, in 2011, the Department conducted a 
Forum on Economic and Labor Development (FELD) in Saipan, 
designed to elicit from the CNMI community ideas and goals for 
the CNMI economy. The Department later provided $1 million in 
grant funds to implement the FELD findings.
    While it cannot yet be characterized as an economic 
rebound, statistics from recent months show increases in CNMI 
tourism and hotel bookings.
    Nevertheless, businesses and CNMI government officials are 
concerned that if the approximately 12,000 foreign workers 
resident in the CNMI under the transitional worker program were 
forced to leave at the end of 2014, the reduction would have 
significant adverse consequences for the CNMI economy.
    Under the CNRA, the Secretary of Labor already has the 
discretion to extend the CNMI-only transitional worker program 
by up to five years if warranted by economic conditions. The 
Department of Labor is now conducting studies that will inform 
that decision.
    The Department of the Interior defers to the Departments of 
Labor and Homeland Security regarding important aspects of 
section 5.


              study of electric rates in the insular areas


    Section 6 of the bill is entitled ``Study of Electric Rates 
in the Insular Areas.'' The legislative language that follows, 
however, goes much beyond a study. The language calls for an 
``energy action plan'' for each territory and freely associated 
state (FAS) and implementation of those plans. The legislative 
language is largely duplicative of section 604 of Public Law 
96-597 (48 USC 1492), except that, the Secretary of the 
Interior would be responsible for the described energy effort, 
rather than the Secretary of Energy.
    It should be noted that eight years ago, Interior undertook 
a comprehensive effort to study energy needs in the U.S. 
territories and FAS, and to develop viable energy plans (which 
included an appropriate role for renewable energy sources) for 
each jurisdiction. Currently, the Office of Insular Affairs is 
supporting broad renewable energy planning efforts through the 
National Renewable Energy Laboratory (NREL) financed by our 
Technical Assistance Program. The President's 2014 budget for 
OIA includes funding for specific energy projects under 
Empowering Insular Communities to implement a number of the 
NREL recommendations.
    The Department of the Interior opposes section 6 of S. 1237 
as being unnecessary because it is duplicative of section 604 
of Public Law 96-597, and of current efforts to implement the 
energy plans that have been and are being developed.


             chief financial officer of the virgin islands


    Section 7 includes a provision for establishing a chief 
financial officer (CFO) for the Virgin Islands, and a 
plebiscite of Virgin Island voters on the issue.
    In the mid-2000s, an earlier CFO bill would have placed 
significant restrictions on local self-government and the 
powers of the elected Governor of the Virgin Islands as 
established in the Virgin Islands Revised Organic Act. A 
revised CFO bill was the subject of a hearing last year in the 
House of Representatives. The Department of the Interior had no 
objection to that bill because it would have constituted ``only 
de minimus interference with self-government in the Virgin 
Islands.'' We noted that the purpose of the bill was to rein in 
deficit spending, but that the bill did not require a balanced 
budget.
    S. 1237 adds a new provision requiring a plebiscite on the 
question of whether or not a chief financial officer position 
should be established. This extra layer of approval for the CFO 
position by the voters of the Virgin Islands would demonstrate 
acceptance of the concept or not, by the citizens of the Virgin 
Islands.
    The Department of the Interior has no objection to the 
enactment of section 7.


                    reports on estimates of revenue


    Section 8 would require the governors of American Samoa, 
the Northern Mariana Islands, Puerto Rico, Guam and the Virgin 
islands each to submit a report on the process for developing 
annual estimates of the government's revenues and expenditures 
and any supporting documents and schedules to appropriate 
committees of the Congress and the Comptroller General of the 
United States, and also require the Comptroller General to 
submit a report evaluating the reasonableness of those 
estimates and if necessary submit recommendations for improving 
the processes for developing the estimates to appropriate 
committees of the Congress.
    Over the years, in statements related to the legislation 
that would create a Chief Financial Officer of the Virgin 
Islands, the Department of the Interior has stated that all the 
territories have had difficulty with rising debt due to 
problematic budgeting processes. Section 8 would provide a 
framework for studying the budget processes of the territories.
    Because the governors of each of the territories would be 
so intimately involved, the Department of the Interior defers 
to the opinions of the governors of each of the United States 
territories with regard to this provision.


               low-income home energy assistance program


    Section 9 would provide that under the Low-Income Home 
Energy Assistance Act of 1981 energy assistance would be 300 
percent of the normal rate when applied to households located 
in the Virgin Islands in years 2014 through 2017.
    United States Virgin Islanders are struggling with some of 
the highest electric rates in the U.S. Currently, the 
residential rate in the Virgin Islands is 50 cents per kilowatt 
hour, with the commercial rate at 54 cents per kilowatt hour. 
These high Virgin Islands rates contrast significantly with 
rates elsewhere in the United States, which average 12.8 cents 
per KWH.
    Considering both the high poverty rates and high electric 
rates in the Virgin Islands, one can understand the extreme 
difficulty under which many Virgin Islands residents are 
living. Many residents cannot afford to keep the lights on, and 
businesses are closing.
    Given the fact that electric rates in the Virgin Islands 
are five times that on the U.S. mainland, a LIHEAP payment of 
three times the mainland amount for a limited, four-year period 
of time would not be unreasonable.
    In addition, the territories of Guam, CNMI, and American 
Samoa are also paying significantly higher residential rates 
than in the rest of the United States. The rates are 24.5 cents 
per KWH on Guam, 32 cents per KWH in the CNMI, and 39 cents per 
KWH in American Samoa.
    The Department of the Interior has no objection to the 
enactment of section 9, but suggests, based on the rates paid 
by each of the territories, that a formula for Guam, CNMI, and 
American Samoa be included in this section as well.


           castle nugent national historic site establishment


    Section 10 would establish the Castle Nugent National 
Historic Site on the island of St. Croix in the U.S. Virgin 
Islands as a unit of the National Park System. This proposed 
national historic site was the subject of a special resource 
study, completed in 2010, that found that the site met the 
National Park Service's criteria for inclusion in the National 
Park System.
    This 2,900-acre site is located along the arid southeastern 
shore of St. Croix, about three miles south of the town of 
Christiansted. The terrain is mostly rolling and hilly with a 
mixture of dry forest, native vegetation, and rangeland that 
offers picturesque views to the Caribbean Sea and to distant 
parts of the island. Establishing this site as a unit of the 
National Park System would provide the opportunity to preserve 
and protect this outstanding Caribbean cultural landscape and 
interpret the cotton era and related agricultural themes that 
have been instrumental in the development of St. Croix and the 
Virgin Islands. It would also help protect five pre-Columbian 
archeological sites, two of which are among the oldest sites on 
St. Croix.
    The Department supports this section with an amendment. The 
recommended amendment, which would insert the standard language 
used in bills establishing new areas of the National Park 
System, is to strike ``consists'' on line 12 of page 19 and 
insert ``shall consist''.


                    st. croix national heritage area


    Section 11 would establish the St. Croix National Heritage 
Area on the island of St. Croix. A feasibility study completed 
in 2012 by the National Park Service found that this proposed 
heritage area, which would include the entire island, met the 
Service's interim criteria for designation as a National 
Heritage Area. The heritage area would be focused on five 
themes: early cultures, slavery and emancipation, the influence 
of seven colonial powers, the island's unique geography and 
natural environment, and modern-day cultures.
    The Department supports the objectives of this section. 
However, the Department recommends that Congress enact program 
legislation that establishes criteria to evaluate potentially 
qualified National Heritage Areas and a process for the 
designation, funding, and administration of these areas before 
designating any additional new National Heritage Areas. There 
are currently 49 designated national heritage areas, yet there 
is no authority in law that guides the designation and 
administration of these areas. Program legislation would 
provide a much-needed framework for evaluating proposed 
national heritage areas, offering guidelines for successful 
planning and management, clarifying the roles and 
responsibilities of of all parties, and standardizing 
timeframes and funding for designated areas.
    If the committee moves forward on S. 1237 with section 11 
included, we would like to recommend amendments to some of the 
terms used in this section. We would be happy to provide the 
committee with our recommended amendments.


                   guam war claims review commission


    Section 12 would approve payments and a funding source for 
claims arising from the World War II Japanese occupation of 
Guam.
    Sixty-nine years ago this month, U.S. forces stormed the 
beaches of Asan and Agat on the island of Guam. The fierce 
battles in the weeks that followed would end Japan's two-and-a-
half year occupation of Guam. Approximately a thousand United 
States national residents of Guam died during the occupation; 
the people of Guam were subjected to summary executions, 
beheadings, rapes, torture, beatings, forced labor, forced 
march and internment.
    With the passage of the Guam Meritorious Claims Act of 
1945, the people of Guam became the first group of United 
States nationals to be made eligible for payment of claims by 
the United States for damages suffered during the war. In the 
years that followed, however, many on Guam came to question 
whether the Guam Meritorious Claims Act, as implemented, 
sufficiently compensated the people of Guam for their 
suffering.
    The Guam War Claims Review Commission, created pursuant to 
legislation passed in 2002, was charged with determining 
whether there was parity in the treatment of Guamanians' World 
War II claims as compared with the claims of U.S. citizens or 
nationals in other areas occupied by Japan during the war. The 
commission determined that Guamanians did not receive treatment 
in parity with other United States individuals who similarly 
suffered during World War II.
    This section would provide payments to persons now living 
on Guam who actually suffered the Japanese occupation during 
World War II. It would not provide payments to heirs of 
survivors of the Guam occupation, but would compensate heirs of 
the approximate 1,000 United States national residents of Guam 
who died during the Japanese occupation.
    Funding for this section would be provided from the Guam 
Organic Act section 30 funding that is in excess of section 30 
funding for fiscal year 2012.
    The Department of the Interior recommends that the 
committee seek broad counsel among leaders in Guam regarding 
the financing of claims under section 12.


          use of certain expenditures as in-kind contributions


    Section 13 would allow territorial and Hawaii government 
costs ascribed to the migration of freely associated state 
(FAS) citizens to Guam, Hawaii, the CNMI and American Samoa to 
be valued and applied as in-kind local matching contributions 
for Federal programs.
    With amendments to the Compacts of Free Association 
legislation passed in 2003, the Congress appropriated $30 
million annually to be distributed among the four affected U.S. 
jurisdictions based on an enumeration of FAS citizens in those 
four jurisdictions. The Congress provided an additional $5 
million in each of fiscal years 2012 and 2013. It is 
uncontested that the impact of migration to Guam, Hawaii, CNMI 
and American Samoa exceeds the amounts appropriated.
    Under section 13 of S. 1237, amounts above the annual 
payments could be classified as eligible amounts to be drawn on 
as ``in-kind contributions'' that would aid the affected 
jurisdictions in satisfying matching requirements for Federal 
programs.
    In addition, under the compact legislation, the governors 
of Guam, Hawaii, the CNMI and American Samoa are invited 
annually to provide reports on the impact of migration from the 
freely associated states of the Marshall Islands, the Federated 
States of Micronesia, and Palau on their respective 
jurisdictions. Guam produces such a report annually; Hawaii 
sporadically; American Samoa and the CNMI do not. The 
Department of the Interior forwards these reports to the 
Congress.
    Among the governments, there is no consistent format or 
standards for inclusion of costs, and no inclusion of benefits 
that FAS citizens provide the respective jurisdiction. In its 
2012 report on FAS migration, the Government Accountability 
Office (GAO) stated:

          . . . some jurisdictions did not accurately define 
        compact migrants, account for federal funding that 
        supplemented local expenditures, or include revenue 
        received from compact migrants.

    The GAO recommendations did not include specific 
recommendations necessary to achieve accuracy in reporting 
impacts of the compacts.
    The Department of the Interior has urged the governors to 
develop consistent standards of reporting among themselves, 
including the definition of FAS migrants, accurate accounting 
of migrant costs to the affected government, and benefits 
received by the affected jurisdiction from employment, taxation 
and consumption. To date, they have not done so.
    Assuming that accurate reporting is achieved in future 
reports, the accuracy of past reports remains a problem for 
calculating the amounts from which ``in-kind contributions'' 
could be drawn.
    Without establishing standards, the language in section 13 
is untenable. For example, subsection (b) calls on the 
Secretary of the Interior to determine amounts eligible for 
``in-kind'' classification ``based on a reasonable estimate of 
the amount of impact expenditures for the Freely Associated 
States.'' The words I quoted give no direction for the 
Secretary to arrive at an estimate and the expenditures are not 
stated to be those of the four U.S. affected jurisdictions. 
Specific and exacting standards are missing.
    The Department of the Interior opposes the enactment of 
section 13.


                 waiver of local matching requirements


    Section 16 would amend section 501 of Public Law 95-134, 
which allows waiver of local matching requirements for Federal 
grants for U.S. territories, to require the waiver of all 
matching of $500,000 or less.
    The original waiver provision, giving all federal agencies 
permissive authority to waive local matching requirements of 
$200,000 or less, has been in effect since 1977. Since 1980, 
statute has required the matching waiver for grants of the 
Department of the Interior. Generally the law has been 
interpreted not to apply to discretionary grants, because a 
granting agency could decide, in its discretion, to forgo 
making the grant if a territory were to insist on the waiver of 
the match. Such an eventuality would harm the territories.
    Considering that more than 30 years have passed since the 
$200,000 waiver was established, the increase to $500,000 would 
seem appropriate and consistent with inflation over time.
    The Department of the Interior has no objection to the 
enactment of section 16 with regard to grants from the 
Department of the Interior. We express no view with regard to 
waiver changes for other Federal agencies.


               american samoa citizenship plebiscite act


    Section 19 would require the Secretary of the Interior to 
direct the American Samoa Election Office to conduct a 
plebiscite on whether or not persons born in American Samoa 
desire United States citizenship.
    Under the Tripartite Convention of 1899, ratified February 
16, 1900, Great Britain and Germany ceded claims of the eastern 
portion of the Samoan Islands to the United States. This 
portion of the archipelago became known as ``American Samoa.'' 
The Matai (the chiefs) of Tutuila and Manu'a, signed voluntary 
Deeds of Cession in 1901 and 1904, respectively, which were 
subsequently accepted, ratified and confirmed retroactively by 
Congress. In 1929, the Congress provided that with regard to 
the government of the territory of American Samoa, all civil, 
judicial, and military powers shall be exercised as the 
President shall direct. In 1951, the President delegated his 
authority to the Secretary of the Interior.
    Under the authority of the Secretary of the Interior, 
American Samoa adopted a constitution in 1960. The issue of 
citizenship versus status as a U.S. national was a key issue. 
The Samoan leaders and people were concerned that U.S. 
citizenship could cause the equal protection clause of the 
United States Constitution to interfere with their communal 
land tenure system, chiefly or matai titles, and the viability 
of Fono's Senate due to the selection of Senators from among 
persons with matai titles.
    To protect and ensure continuation of fa 'a Samoa (the 
Samoan way of life), Samoans chose to be U.S. nationals rather 
than citizens of the United States. Both citizens and nationals 
owe allegiance to the United States, although the United States 
Constitution grants certain privileges to citizens, but not 
persons who are nationals alone.
    The United States national status of persons born in 
American Samoa was upheld on June 26, 2013, by the United 
States District Court for the District of Columbia in Leneuoti 
Fiafia Tuaua et al. v. United States of America et al. which 
included the following statement:

          To date, the Congress has not seen fit to bestow 
        birthright citizenship on American Samoa, and in 
        accordance with the law, this Court must and will 
        respect that choice.

    In the fifty years since the adoption of the original 
constitution of American Samoa, attitudes of many in the local 
population of American Samoa may have shifted. The plebiscite 
called for in section 19 will bring new discussion to these 
land, matai title and Senate issues. These are issues for the 
American Samoa polity to discuss and decide.
    Should the proposed vote in American Samoa favor 
citizenship, leaders in American Samoa would then approach the 
Secretary of the Interior and the Congress, to seek action on 
the issue.
    The Department of the Interior has no objection to the 
enactment of section 19.


                             marine turtles


    Section 20 would extend the Marine Turtle Conservation Act 
of 2004 to United States territories and possessions. Marine 
turtles are ``flagship species'' for both local and 
international coastal conservation. Because marine turtles 
circumnavigate the world's oceans to reach their nesting 
beaches, their conservation must be addressed through global 
efforts. By focusing on these species and their habitats, we 
can more adequately conserve and manage ecologically critical 
coastal and marine habitats around the world.
    The Department's U.S. Fish and Wildlife Service and the 
National Oceanic and Atmospheric Administration (within the 
Department of Commerce) share jurisdiction for the conservation 
of marine turtles. The Service focuses conservation activities 
on nesting beaches while NOAA works to conserve and recover 
turtles in their marine habitats. The Fish and Wildlife Service 
also administers the Marine Turtle Conservation Fund, which 
provides grants to countries with sea turtle nesting beaches on 
a cost share basis, to implement sea turtle conservation 
programs. Such international conservation is a key part of the 
effort to recover and conserve these global species.
    The Department of the Interior supports the intent of 
section 20 to provide greater funding opportunities for turtle 
conservation in the U.S. territories. However, we are concerned 
that this change would significantly dilute the limited funds 
available to implement conservation measures in foreign 
countries. There are resources already available for sea turtle 
conservation in the U.S., including the territories. The 
relatively small amount of Marine Turtle Conservation Fund 
grants (less than $1.8 million in FY 2012), which provide 
critical assistance to our international partners, accounts for 
about six percent of the overall funds spent by the U.S. on sea 
turtle conservation. If applicants in the U.S. are made 
eligible, this limited amount for critically important 
international work is likely to be significantly reduced.


                               conclusion


    Mr. Chairman, we at the Department of the Interior are 
pleased that you and the ranking member have introduced the 
Territorial Omnibus Act of 2013. Despite the fact that the 
Department cannot support each and every provision, the bill 
gives an airing to important territorial issues of long 
standing. We will be pleased to work with the Committee as it 
finalizes the legislation.

                        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. 1237, 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):

                         Table of Laws Affected

1. Public Law 94-241.
2. The Housing and Community Development Act of 1980.
3. Public Law 95-134.
4. Public Law 96-205.
5. Title 46, United States Code.
6. The Fair Minimum Wage Act of 2007.
7. The Office of National Drug Control Policy Reauthorization 
        Act of 1998.
8. The REAL ID Act of 2005.
                              ----------                              


                           PUBLIC LAW 94-241


   Section 6 of Public Law 94-241, as added by section 702(a) of the 
       Consolidated Natural Resources Act of 2008; 48 U.S.C. 1806


JOINT RESOLUTION To approve the ``Covenant To Establish a Commonwealth 
  of the Northern Mariana Islands in Political Union with the United 
States of America'', and for other purposes

           *       *       *       *       *       *       *


SEC. 6. IMMIGRATION AND TRANSITION.

    (a) Application of the Immigration and Nationality Act and 
Establishment of a Transition Program.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        effective on the first day of the first full month 
        commencing 1 year after the date of enactment of the 
        Consolidated Natural Resources Act of 2008 (hereafter 
        referred to as the ``transition program effective 
        date''), the provisions of the `immigration laws' (as 
        defined in section 101(a)(17) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to 
        the Commonwealth of the Northern Mariana Islands 
        (referred to in this section as the ``Commonwealth''), 
        except as otherwise provided in this section.
          (2) Transition period.--There shall be a transition 
        period beginning on the transition program effective 
        date and ending on [December 31, 2014, except as 
        provided in subsections (b) and (d)] December 31, 2019, 
        during which the Secretary of Homeland Security, in 
        consultation with the Secretary of State, the Attorney 
        General, the Secretary of Labor, and the Secretary of 
        the Interior, shall establish, administer, and enforce 
        a transition program to regulate immigration to the 
        Commonwealth, as provided in this section (hereafter 
        referred to as the ``transition program'').

           *       *       *       *       *       *       *

          [(6) Certain education funding.--In addition to fees 
        charged pursuant to section 286(m) of the Immigration 
        and Nationality Act (8 U.S.C. 1356(m)) to recover the 
        full costs of providing adjudication services, the 
        Secretary of Homeland Security shall charge an annual 
        supplemental fee of $150 per nonimmigrant worker to 
        each prospective employer who is issued a permit under 
        subsection (d) of this section during the transition 
        period. Such supplemental fee shall be paid into the 
        Treasury of the Commonwealth government for the purpose 
        of funding ongoing vocational educational curricula and 
        program development by Commonwealth educational 
        entities.]
          (6) Certain education funding.--
                  (A) In general.--In addition to fees charged 
                pursuant to section 286(m) of the Immigration 
                and Nationality Act (8 U.S.C. 1356 (m)) to 
                recover the full costs of providing 
                adjudication services, the Secretary of 
                Homeland Security shall charge an annual 
                supplemental fee of $150 per nonimmigrant 
                worker to each prospective employer who is 
                issued a permit under subsection (d) of this 
                section during the transition program. Such 
                supplemental fee shall be paid into the 
                Treasury of the Commonwealth government for the 
                purpose of funding ongoing vocational 
                educational curricula and program development 
                by Commonwealth educational entities.
                  (B) Plan for the expenditure of funds.--At 
                the beginning of each fiscal year, and prior to 
                the payment of the supplemental fee into the 
                Treasury of the Commonwealth government in that 
                fiscal year, the Commonwealth government must 
                provide to the Secretary of Labor, a plan for 
                the expenditure of funds received under this 
                paragraph, a projection of the effectiveness of 
                these expenditures in the placement of United 
                States workers into jobs, and a report on the 
                changes in employment of United States workers 
                attributable to prior year expenditures.
                  (C) Report.--The Secretary of Labor shall 
                report to the Congress every 2 years on the 
                effectiveness of meeting the goals set out by 
                the Commonwealth government in its annual plan 
                for the expenditure of funds.

           *       *       *       *       *       *       *

    (d) Special Provision To Ensure Adequate Employment; 
Commonwealth Only Transitional Workers.--An alien who is 
seeking to enter the Commonwealth as a nonimmigrant worker may 
be admitted to perform work during the transition period 
subject to the following requirements:
          (1) Such an alien shall be treated as a nonimmigrant 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)), including the 
        ability to apply, if otherwise eligible, for a change 
        of nonimmigrant classification under section 248 of 
        such Act (8 U.S.C. 1258) or adjustment of status under 
        this section and section 245 of such Act (8 U.S.C. 
        1255).
          (2) The Secretary of Homeland Security shall 
        establish, administer, and enforce a system for 
        allocating and determining the number, terms, and 
        conditions of permits to be issued to prospective 
        employers for each such nonimmigrant worker described 
        in this subsection who would not otherwise be eligible 
        for admission under the Immigration and Nationality Act 
        (8 U.S.C. 1101 et seq.). In adopting and enforcing this 
        system, the Secretary shall also consider, in good 
        faith and not later than 30 days after receipt by the 
        Secretary, any comments and advice submitted by the 
        Governor of the Commonwealth. This system shall provide 
        for a reduction in the allocation of permits for such 
        workers on an annual basis to zero, during a period 
        [not to extend beyond December 31, 2014, unless 
        extended pursuant to paragraph 5 of this subsection] 
        ending on December 31, 2019. In no event shall a permit 
        be valid beyond the expiration of the transition 
        period. This system may be based on any reasonable 
        method and criteria determined by the Secretary of 
        Homeland Security to promote the maximum use of, and to 
        prevent adverse effects on wages and working conditions 
        of, workers authorized to be employed in the United 
        States, including lawfully admissible freely associated 
        state citizen labor. No alien shall be granted 
        nonimmigrant classification or a visa under this 
        subsection unless the permit requirements established 
        under this paragraph have been met.

           *       *       *       *       *       *       *

          [(5)(A) Not later than 180 days prior to the 
        expiration of the transition period, or any extension 
        thereof, the Secretary of Labor, in consultation with 
        the Secretary of Homeland Security, the Secretary of 
        Defense, the Secretary of the Interior, and the 
        Governor of the Commonwealth, shall ascertain the 
        current and anticipated labor needs of the Commonwealth 
        and determine whether an extension of up to 5 years of 
        the provisions of this subsection is necessary to 
        ensure an adequate number of workers will be available 
        for legitimate businesses in the Commonwealth. For the 
        purpose of this subparagraph, a business shall not be 
        considered legitimate if it engages directly or 
        indirectly in prostitution, trafficking in minors, or 
        any other activity that is illegal under Federal or 
        local law. The determinations of whether a business is 
        legitimate and to what extent, if any, it may require 
        alien workers to supplement the resident workforce, 
        shall be made by the Secretary of Homeland Security, in 
        the Secretary's sole discretion.
          [(B) If the Secretary of Labor determines that such 
        an extension is necessary to ensure an adequate number 
        of workers for legitimate businesses in the 
        Commonwealth, the Secretary of Labor may, through 
        notice published in the Federal Register, provide for 
        an additional extension period of up to 5 years.
          [(C) In making the determination of whether alien 
        workers are necessary to ensure an adequate number of 
        workers for legitimate businesses in the Commonwealth, 
        and if so, the number of such workers that are 
        necessary, the Secretary of Labor may consider, among 
        other relevant factors--
                  [(i) government, industry, or independent 
                workforce studies reporting on the need, or 
                lack thereof, for alien workers in the 
                Commonwealth businesses;
                  [(ii) the unemployment rate of United States 
                citizen workers residing in the Commonwealth;
                  [(iii) the unemployment rate of aliens in the 
                Commonwealth who have been lawfully admitted 
                for permanent residence;
                  [(iv) the number of unemployed alien workers 
                in the Commonwealth;
                  [(v) any good faith efforts to locate, 
                educate, train, or otherwise prepare United 
                States citizen residents, lawful permanent 
                residents, and unemployed alien workers already 
                within the Commonwealth, to assume those jobs;
                  [(vi) any available evidence tending to show 
                that United States citizen residents, lawful 
                permanent residents, and unemployed alien 
                workers already in the Commonwealth are not 
                willing to accept jobs of the type offered;
                  [(vii) the extent to which admittance of 
                alien workers will affect the compensation, 
                benefits, and living standards of existing 
                workers within those industries and other 
                industries authorized to employ alien workers; 
                and
                  [(viii) the prior use, if any, of alien 
                workers to fill those industry jobs, and 
                whether the industry requires alien workers to 
                fill those jobs.]
                  [(6)] (5) The Secretary of Homeland Security 
                may authorize the admission of a spouse or 
                minor child accompanying or following to join a 
                worker admitted pursuant to this subsection.

           *       *       *       *       *       *       *

                              ----------                              


           THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980


             Public Law 96-399, as amended; 42 U.S.C. 1436a


 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

           *       *       *       *       *       *       *


TITLE II--HOUSING ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *



                 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--
          (1) an alien lawfully admitted for permanent 
        residence as an immigrant as defined by section 
        1101(a)(15) and (20) of Title 8, excluding, among 
        others, alien visitors, tourists, diplomats, and 
        students who enter the United States temporarily with 
        no intention of abandoning their residence in a foreign 
        country;

           *       *       *       *       *       *       *

          (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 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] citizen or national of the United 
        States shall be entitled to a preference or priority in 
        receiving assistance before any such alien who is 
        otherwise eligible for such assistance.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 95-134


Section 501 of Public Law 95-134, as amended by section 9 of Public Law 
                        95-348; 48 U.S.C. 1469a


 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, 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, notwithstanding any provision of law to 
the contrary, that:
    (a) 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.

           *       *       *       *       *       *       *

    (d) Each department or agency making grants-in-aid shall, 
by regulations published in the Federal Register, provide the 
method by which any Insular Area may submit (i) a single 
application for a consolidated grant for any fiscal year 
period, but not more than one such application for a 
consolidated grant shall be required by any department or 
agency unless notice of such requirement is transmitted to the 
appropriate committees of the United States Congress together 
with a complete explanation of the necessity for requiring such 
additional applications and (ii) a single report to such 
department or agency with respect to each such consolidated 
grant: Provided, That nothing in this paragraph shall preclude 
such department or agency from providing adequate procedures 
for accounting, auditing, evaluating, and reviewing any 
programs or activities receiving benefits from any consolidated 
grant. The administering authority of any department or agency, 
in its discretion, may (i) waive any requirement for matching 
funds otherwise required [by law] to be provided by the Insular 
Area involved and (ii) waive the requirement that any Insular 
Area submit an application or report in writing with respect to 
any consolidated grant.
    (e) Notwithstanding any other provision of law, in the case 
of American Samoa, Guam, the Virgin Islands, and the Northern 
Mariana Islands, each department or agency of the United States 
shall waive any requirement for local matching funds (including 
in-kind contributions) that the insular area would otherwise be 
required to provide for any non-competitive grant as follows:
          (1) For a grant requiring matching funds (including 
        in-kind contributions) of $500,000 or less, the entire 
        matching requirement shall be waived.
          (2) For a grant requiring matching funds (including 
        in-kind contributions) of more than $500,000, $500,000 
        of the matching requirement shall be waived.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 96-205


                   94 Stat. 90; 48 U.S.C. 1469a note


  AN ACT To authorize appropriations for certain insular areas of the 
United States, and for other purposes

           *       *       *       *       *       *       *


                        TITLE VI--MISCELLANEOUS

    Sec. 601. Title V of the Act of October 15, 1977, entitled, 
``An Act to authorize certain appropriations for the 
territories of the United States, to amend certain Acts 
relating thereto, and for other purposes'' (91 Stat. 1159) 
shall be applied with respect to the Department of the Interior 
by substituting ``shall'' for ``may'' in the last sentence of 
subsection (d) [, and adding the following sentence at the end 
of subsection (d): ``Notwithstanding any other provision of 
law, in the case of American Samoa, Guam, the Virgin Islands, 
and the Northern Mariana Islands any department or agency shall 
waive any requirement for local matching funds under $200,000 
(including in-kind contributions) required by law to be 
provided by American Samoa, Guam, the Virgin Islands, or the 
Northern Mariana Islands.''].

                      TITLE 46, UNITED STATES CODE


TITLE 46--SHIPPING

           *       *       *       *       *       *       *


Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *


                   PART H--IDENTIFICATION OF VESSELS

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *



Subchapter II--Endorsements and Special Documentation

           *       *       *       *       *       *       *



Sec. 12113. Fishery endorsement

           *       *       *       *       *       *       *


    (i) Regulations.--Regulations to implement subsections (c) 
and (d) and sections 12151(c) and 31322(b) of this title shall 
prohibit impermissible transfers of ownership or control, 
specify any transactions that require prior approval of an 
implementing agency, identify transactions that do not require 
prior agency approval, and to the extent practicable, minimize 
disruptions to the commercial fishing industry, to the 
traditional financing arrangements of that industry, and to the 
opportunity to form fishery cooperatives.
    (j) Certain Exemption.--Paragraph (3) of subsection (a) 
shall not apply to any vessel--
          (1) that offloads its catch in part or full in 
        American Samoa; and
          (2) that was rebuilt outside of the United States 
        before January 1, 2011.

           *       *       *       *       *       *       *

                              ----------                              


                   THE FAIR MINIMUM WAGE ACT OF 2007


  Title VIII, Subtitle A of the U.S. Troop Readiness, Veterans' Care, 
  Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, 
Public Law 110-28, as amended by Public Law 111-5, Public Law 111-244, 
              and Public Law 112-149; 29 U.S.C. 2006 note


  AN ACT Making emergency supplemental appropriations and additional 
   supplemental appropriations for agricultural and other emergency 
assistance for the fiscal year ending September 30, 2007, and for other 
purposes

           *       *       *       *       *       *       *


              TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF

Subtitle A--Fair Minimum Wage

           *       *       *       *       *       *       *


SEC. 8104. STUDY ON PROJECTED IMPACT.--

    (a) Report.--The Government Accountability Office shall 
assess the impact of minimum wage increases that have occurred 
pursuant to section 8103, and not later than September 1, 2011, 
shall transmit to Congress a report of its findings. The 
Government Accountability Office shall submit subsequent 
reports not later than April 1, 2014, and every 3 years 
thereafter until the minimum wage in the respective territory 
meets the federal minimum wage.
    (b) Economic Information.--To provide sufficient economic 
data for the conduct of the study under subsection (a) the 
Bureau of the Census of the Department of Commerce shall 
include and separately report on American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, and the 
Virgin Islands in its County Business Patterns data with the 
same regularity and to the same extent as each Bureau collects 
and reports such data for the 50 States. In the event that the 
inclusion of American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands in such surveys 
and data compilations requires time to structure and implement, 
the Bureau of the Census shall in the interim annually report 
the best available data that can feasibly be secured with 
respect to such territories. Such interim report shall describe 
the steps the Bureau will take to improve future data 
collection in the territories to achieve comparability with the 
data collected in the United States. The Bureau of the Census, 
together with the Department of the Interior, shall coordinate 
their efforts to achieve such improvements.
    (c) Effects of Minimum Wage Differentials in American 
Samoa.--The reports required under this section shall include 
an analysis of the economic effects on employees and employers 
of the differentials in minimum wage rates among industries and 
classifications in American Samoa under section 697 of title 
29, Code of Federal Regulations, including the potential 
effects of eliminating such differentials prior to the time 
when such rates are scheduled to be equal to the minimum wage 
set forth in section 6(a)(1) of the Fair Labor Standards Act 
(29 U.S.C. 206(a)(1)).

           *       *       *       *       *       *       *

                              ----------                              


   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 1998


                   Public Law 105-277; 21 U.S.C. 1703


AN ACT Making omnibus consolidated and emergency appropriations for the 
fiscal year ending September 30, 1999, and for other purposes

           *       *       *       *       *       *       *


DIVISION C--OTHER MATTERS

           *       *       *       *       *       *       *



   TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION


SEC. 701. SHORT TITLE.

    This title may be cited as the ``Office of National Drug 
Control Policy Reauthorization Act of 1998''.

           *       *       *       *       *       *       *


SEC. 704. APPOINTMENT AND DUTIES OF THE DIRECTOR AND DEPUTY DIRECTORS.

           *       *       *       *       *       *       *


    (b) Responsibilities.--The Director--
          (1) shall assist the President in the establishment 
        of policies, goals, objectives, and priorities for the 
        National Drug Control Program;

           *       *       *       *       *       *       *

          (13) shall require each National Drug Control Program 
        agency to submit to the Director on an annual basis an 
        evaluation of progress by the agency with respect to 
        drug control program goals using the performance 
        measures for the agency developed under section 706(c), 
        including progress with respect to--
                  (A) success in reducing domestic and foreign 
                sources of illegal drugs;
                  (B) success in protecting the borders of the 
                United States (and in particular the borders of 
                Puerto Rico and the Virgin Islands of the 
                United States and the Southwestern border of 
                the United States) from penetration by illegal 
                narcotics;
                  (C) success in reducing violent crime 
                associated with drug use in the United States;

           *       *       *       *       *       *       *

                              ----------                              


                          REAL ID Act of 2005


                    Division B of Public Law 109-13


 AN ACT Making Emergency Supplemental Appropriations for Defense, the 
 Global War on Terror, and Tsunami Relief, for the fiscal year ending 
September 30, 2005, and for other purposes

           *       *       *       *       *       *       *


                    DIVISION B--REAL ID ACT OF 2005


SECTION 1. SHORT TITLE.

    This division may be cited as the ``REAL ID Act of 2005''.

           *       *       *       *       *       *       *


    TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                          IDENTIFICATION CARDS


SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
          (1) Driver's license.--The term ``driver's license'' 
        means a motor vehicle operator's license, as defined in 
        section 30301 of title 49, United States Code.
          (2) Identification card.--The term ``identification 
        card'' means a personal identification card, as defined 
        in section 1028(d) of title 18, United States Code, 
        issued by a State.
          (3) Official purpose.--The term ``official purpose'' 
        includes but is not limited to accessing Federal 
        facilities, boarding federally regulated commercial 
        aircraft, entering nuclear power plants, and any other 
        purposes that the Secretary shall determine.
          (4) Secretary.--The ``Secretary'' means the Secretary 
        of Homeland Security.
          (5) State.--The ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Northern 
        Mariana Islands, [the Trust Territory of the Pacific 
        Islands], and any other territory or possession of the 
        United States.

SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
                    FEDERAL RECOGNITION.

           *       *       *       *       *       *       *


    (c) Minimum Issuance Standards.--
          (1) In general.--To meet the requirements of this 
        section, a State shall require, at a minimum, 
        presentation and verification of the following 
        information before issuing a driver's license or 
        identification card to a person:
                  (A) A photo identity document, except that a 
                non-photo identity document is acceptable if it 
                includes both the person's full legal name and 
                date of birth.
                  (B) Documentation showing the person's date 
                of birth.
                  (C) Proof of the person's social security 
                account number or verification that the person 
                is not eligible for a social security account 
                number.
                  (D) Documentation showing the person's name 
                and address of principal residence.
          (2) Special requirements.--
                  (A) In general.--To meet the requirements of 
                this section [this note], a State shall comply 
                with the minimum standards of this paragraph.
                  (B) Evidence of lawful status.--A State shall 
                require, before issuing a driver's license or 
                identification card to a person, valid 
                documentary evidence that the person--
                          (i) is a citizen or national of the 
                        United States;

           *       *       *       *       *       *       *

                          (viii) has approved deferred action 
                        status; [or]
                          (ix) has a pending application for 
                        adjustment of status to that of an 
                        alien lawfully admitted for permanent 
                        residence in the United States or 
                        conditional permanent resident status 
                        in the United States [.] ; or
                          (x) is a citizen of the Republic of 
                        the Marshall Islands, the Federated 
                        States of Micronesia, or the Republic 
                        of Palau who has been admitted to the 
                        United States as a nonimmigrant 
                        pursuant to a Compact of Free 
                        Association between the United States 
                        and the Republic or Federated States.

           *       *       *       *       *       *       *


                                  
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