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Calendar No. 64 105TH CONGRESS 1ST SESSION S. 210 [Report No. 105–22] A BILL To amend the Organic Act of Guam, the Revised Organic Act of the Virgin Islands, and the Com- pact of Free Association Act, and for other pur- poses. MAY 28, 1997 Reported under authority of the order of the Senate of May 23, 1997, with an amendment II Calendar No. 64 105TH CONGRESS 1ST SESSION S. 210 [Report No. 105–22] To amend the Organic Act of Guam, the Revised Organic Act of the Virgin Islands, and the Compact of Free Association Act, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 1997 Mr. MURKOWSKI (for himself, Mr. AKAKA, and Mr. BUMPERS) introduced the following bill; which was read twice and referred to the Committee on En- ergy and Natural Resources MAY 28, 1997 Reported under authority of the order of the Senate of May 23, 1997, by Mr. MURKOWSKI, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Organic Act of Guam, the Revised Organic Act of the Virgin Islands, and the Compact of Free Association Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 S 210 RS SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND 1 FOOD PROGRAMS. 2 Section 103(h)(2) of the Compact of Free Association 3 Act of 1985 (48 U.S.C. 1903(h)(2)) is amended by strik- 4 ing ‘‘ten’’ and inserting ‘‘fifteen’’ and by adding at the 5 end of subparagraph (B) the following: ‘‘The President 6 shall ensure that the amount of commodities provided 7 under these programs reflects the changes in the popu- 8 lation that have occurred since the effective date of the 9 Compact.’’. 10 SEC. 2. AMERICAN MEMORIAL PARK. 11 Section 5 of Public Law 95–348 is amended by strik- 12 ing subsection (f). 13 SEC. 3. TERRITORIAL LAND GRANT COLLEGES. 14 (a) LAND GRANT STATUS.—Section 506(a) of the 15 Education Amendments of 1972 (Public Law 92–318, as 16 amended; 7 U.S.C. 301 note) is amended by striking ‘‘the 17 College of Micronesia,’’ and inserting ‘‘the College of the 18 Marshall Islands, the College of Micronesia-FSM, the 19 Palau Community College,’’. 20 (b) ENDOWMENT.—The amount of the land grant 21 trust fund attributable to the $3,000,000 appropriation 22 for Micronesia authorized by the Education Amendments 23 of 1972 (Public Law 92–318, as amended; 7 U.S.C. 301 24 note) shall, upon enactment of this Act, be divided equally 25 among the Republic of the Marshall Islands, the Fed- 26 3 S 210 RS erated States of Micronesia, and the Republic of Palau 1 for the benefit of the College of the Marshall Islands, the 2 College of Micronesia-FSM, and the Palau Community 3 College. 4 (c) TREATMENT.—Section 1361(c) of the Education 5 Amendments of 1980 (Public Law 96–374, as amended; 6 7 U.S.C. 301 note) is amended by striking ‘‘and the Trust 7 Territory of the Pacific Islands (other than the Northern 8 Mariana Islands)’’ and inserting ‘‘the Republic of the 9 Marshall Islands, the Federated States of Micronesia, and 10 the Republic of Palau’’. 11 SEC. 4. AMENDMENT TO THE GUAM ORGANIC ACT. 12 Section 28 of the Organic Act of Guam (48 U.S.C. 13 1421f) is amended by adding at the end the following new 14 subsection: 15 ‘‘(d) TRANSFER OF EXCESS LAND.—(1) At least 180 16 days before transferring to any Federal agency excess real 17 property located in Guam other than real property identi- 18 fied on map llllll and dated llll as land 19 subject to transfer only by statute, the Administrator of 20 General Services Administration shall notify the Govern- 21 ment of Guam that the property is available under this 22 section. 23 ‘‘(2) The Administrator shall transfer to the Govern- 24 ment of Guam all right, title, and interest of the United 25 4 S 210 RS States in and to excess real property located in Guam, 1 by quit claim deed and without reimbursement, if the Gov- 2 ernment of Guam, within 180 days after receiving notifica- 3 tion under paragraph (1) regarding the property, notifies 4 the Administrator that the Government of Guam intends 5 to acquire the property under this section. 6 ‘‘(3) For purposes of this subsection, the term ‘excess 7 real property’ means excess property (as that term is de- 8 fined in section 3 of the Federal Property and Administra- 9 tive Services Act of 1949) that is real property. 10 ‘‘(4) With respect to any real property identified on 11 the map referenced in paragraph (1) of this subsection, 12 such property may not be transferred to another Federal 13 agency or out of Federal ownership except pursuant to an 14 Act of Congress specifically identifying such property.’’. 15 SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES. 16 Section 901(a)(2) of the Omnibus Crime Control and 17 Safe Streets Act of 1968 (42 U.S.C. 3791(a)(2)) is 18 amended to read as follows: 19 ‘‘(2) ‘‘State’’ means any State of the United States, 20 the District of Columbia, the Commonwealth of Puerto 21 Rico, the Virgin Islands, American Samoa, Guam, and the 22 Commonwealth of the Northern Mariana Islands;’’. 23 5 S 210 RS SEC. 6. AMENDMENTS TO THE REVISED ORGANIC ACT OF 1 THE VIRGIN ISLANDS. 2 (a) TEMPORARY ABSENCE OF OFFICIALS.—Section 3 14 of the Revised Organic Act of the Virgin Islands (48 4 U.S.C. 1595) is amended by adding at the end the follow- 5 ing new subsection: 6 ‘‘(g) An absence from the Virgin Islands of the Gov- 7 ernor or the Lieutenant Governor, while on official busi- 8 ness, shall not be a ‘temporary absence’ for purposes of 9 this section.’’. 10 (b) PRIORITY OF BONDS.—Section 3 of Public Law 11 94–392 (48 U.S.C. 1574c) is amended— 12 (1) by striking ‘‘priority for payment’’ and in- 13 serting ‘‘a parity lien with every other issue of bonds 14 or other obligations issued for payment’’; and 15 (2) by striking ‘‘in the order of the date of 16 issue’’. 17 (c) APPLICATION.—The amendment made by sub- 18 section (b) shall apply to obligations issued on or after 19 the date of enactment of this section. 20 SEC. 7. COMMISSION ON THE ECONOMIC FUTURE OF THE 21 VIRGIN ISLANDS. 22 (a) ESTABLISHMENT AND MEMBERSHIP.— 23 (1) There is hereby established a Commission 24 on the Economic Future of the Virgin Islands (the 25 ‘‘Commission’’). The Commission shall consist of six 26 6 S 210 RS members appointed by the President, two of whom 1 shall be selected from nominations made by the Gov- 2 ernor of the Virgin Islands. The President shall des- 3 ignate one of the members of the Commission to be 4 Chairman. 5 (2) In addition to the six members appointed 6 under paragraph (1), the Secretary of the Interior 7 shall be an ex-officio member of the Commission. 8 (3) Members of the Commission appointed by 9 the President shall be persons who by virtue of their 10 background and experience are particularly suited to 11 contribute to achievement of the purposes of the 12 Commission. 13 (4) Members of the Commission shall serve 14 without compensation, but shall be reimbursed for 15 travel, subsistence and other necessary expenses in- 16 curred by them in the performance of their duties. 17 (5) Any vacancy in the Commission shall be 18 filled in the same manner as the original appoint- 19 ment was made. 20 (b) PURPOSE AND REPORT.— 21 (1) The purpose of the Commission is to make 22 recommendations to the President and Congress on 23 the policies and actions necessary to provide for a 24 secure and self-sustaining future for the local econ- 25 7 S 210 RS omy of the Virgin Islands through 2020 and on the 1 rule of the Federal Government. In developing rec- 2 ommendations, the Commission shall— 3 (A) solicit and analyze information on pro- 4 jected private sector development and shifting 5 tourism trends based on alternative forecasts of 6 economic, political and social conditions in the 7 Caribbean; 8 (B) analyze capital infrastructure, edu- 9 cation, social, health, and environmental needs 10 in light of these alternate forecasts; and 11 (C) assemble relevant demographic, eco- 12 nomic, and revenue and expenditure data from 13 over the past 25 years. 14 (2) The recommendations of the Commission 15 shall be transmitted in a report to the President, the 16 Committee on Energy and Natural Resources of the 17 United States Senate and the Committee on Re- 18 source of the United States House of Representa- 19 tives no later than June 30, 1999. The report shall 20 set forth the basis for the recommendations and in- 21 clude an analysis of the capability of the Virgin Is- 22 lands to meet projected needs based on reasonable 23 alternative economic, political and social conditions 24 in the Caribbean, including the possible effect of ex- 25 8 S 210 RS pansion in the near future of Cuba in trade, tourism 1 and development. 2 (c) POWERS.— 3 (1) The Commission may— 4 (A) hold such hearings, sit and act at such 5 times and places, take such testimony and re- 6 ceive such evidence as it may deem advisable; 7 (B) use the United States mail in the same 8 manner and upon the same conditions as de- 9 partments and agencies of the United States; 10 and 11 (C) within available funds, incur such ex- 12 penses and enter into contracts or agreements 13 for studies and surveys with public and private 14 organizations and transfer funds to Federal 15 agencies to carry out the Commission’s func- 16 tions. 17 (2) Within funds available for the Commission, 18 the Secretary of the Interior shall provide such office 19 space, furnishings, equipment, staff, and fiscal and 20 administrative services as the Commission may re- 21 quire. 22 (3) The President, upon request of the Commis- 23 sion, may direct the head of any Federal agency or 24 9 S 210 RS department to assist the Commission and if so di- 1 rected such head shall— 2 (A) furnish the Commission to the extent 3 permitted by law and within available appro- 4 priations such information as may be necessary 5 for carrying out the functions of the Commis- 6 sion and as may be available to or procurable 7 by such department or agency; and 8 (B) detail to temporary duty with the 9 Commission on a reimbursable basis such per- 10 sonnel within his administrative jurisdiction as 11 the Commission may need or believe to be use- 12 ful for carrying out its functions, each such de- 13 tail to be without loss of seniority, pay or other 14 employee status. 15 (d) CHAIRMAN.—Subject to general policies that the 16 Commission may adopt, the Chairman of the Commission 17 shall be the chief executive officer of the Commission and 18 shall exercise its executive and administrative powers. The 19 Chairman may make such provisions as he may deem ap- 20 propriate authorizing the performance of his executive and 21 administrative functions by the staff of the Commission. 22 (e) FUNDING.—There is hereby authorized to be ap- 23 propriated to the Secretary of the Interior such sums as 24 may be necessary, but not to exceed an average of 25 10 S 210 RS $300,000 per year, in fiscal years 1997, 1998 and 1999 1 for the work of the Commission. 2 (f) TERMINATION.—The Commission shall terminate 3 3 months after the transmission of the report and rec- 4 ommendations under subsection (b)(2). 5 SEC. 8. PUBLIC HEALTH SERVICE PHYSICIANS. 6 The Secretary of Health and Human Services shall 7 provide, on a non-reimbursable basis, assistance for direct 8 radiation related medical surveillance and treatment pro- 9 grams under section 177(b) of the Compact of Free Asso- 10 ciation. Such programs may include the services of physi- 11 cians, surgeons, dentists, nurses, and other health care 12 practitioners. 13 SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE. 14 (a) Section 214(a) of the Housing Community Devel- 15 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended— 16 (1) by striking ‘‘or’’ at the end of paragraph 17 (5); 18 (2) by striking the period at the end of para- 19 graph (6) and inserting ‘‘; or’’; and 20 (3) by adding at the end the following new 21 paragraph: 22 ‘‘(7) an alien who is lawfully resident in the 23 United States and its territories and possessions 24 under section 141 of the Compacts of Free Associa- 25 11 S 210 RS tion between the Government of the United States 1 and the Governments of the Marshall Islands, the 2 Federated States of Micronesia (48 U.S.C. 1901 3 note) and Palau (48 U.S.C. 1931 note) while the ap- 4 plicable section is in effect: Provided, That, within 5 Guam and the Commonwealth of the Northern Mari- 6 ana Islands any such alien shall not be entitled to 7 a preference in receiving assistance under this Act 8 over any United States citizens or national resident 9 therein who is otherwise eligible for such assist- 10 ance.’’. 11 SEC. 10. CONSENT TO HAWAIIAN HOMES COMMISSION ACT 12 AMENDMENTS. 13 As required by section 4 of the Act entitled ‘‘An Act 14 to provide for the admission to the State of Hawaii into 15 the Union’’, approved March 18, 1959 (73 Stat. 4), the 16 United States consents to the following amendments to 17 the Hawaiian Homes Commission Act, 1920, adopted by 18 the State of Hawaii in the manner required for State legis- 19 lation: 20 (1) Act 339 of the Session Laws of Hawaii, 21 1993, and 22 (2) Act 37 of the Session Laws of Hawaii, 23 1994. 24 12 S 210 RS SEC. 11. AMERICAN SAMOA STUDY COMMISSION. 1 (a) SHORT TITLE.—This section may be cited as 2 ‘‘The American Samoa Development Act of 1997’’. 3 (b) ESTABLISHMENT AND MEMBERSHIP.— 4 (1) There is hereby established a Commission 5 on the Economic Future of American Samoa (the 6 ‘‘Commission’’). The Commission shall consist of six 7 members appointed by the President, three of whom 8 shall be selected from nominations made by the Gov- 9 ernor of American Samoa, and the Secretary of the 10 Interior ex officio. The President shall designate one 11 of the appointed members of the Commission to be 12 Chairman. 13 (2) Members of the Commission appointed by 14 the President shall be persons who by virtue of their 15 background and experience are particularly suited to 16 contribute to achievement of the purposes of the 17 Commission. 18 (3) Members of the Commission shall serve 19 without compensation, but shall be reimbursed for 20 travel, subsistence and other necessary expenses in- 21 curred by them in the performance of their duties. 22 (4) Any vacancy in the Commission shall be 23 filled in the same manner as the original appoint- 24 ment was made. 25 (c) PURPOSE AND REPORT.— 26 13 S 210 RS (1) The purpose of the Commission is to make 1 recommendations to the President and Congress on 2 the policies and actions necessary to provide for a 3 secure and self-sustaining future for the local econ- 4 omy of American Samoa through 2020 and on the 5 role of the Federal Government. In developing rec- 6 ommendations, the Commission shall— 7 (A) solicit and analyze information on pro- 8 jected private sector development, including, but 9 not limited to, tourism, manufacturing and in- 10 dustry, agriculture, and transportation and 11 shifting trends based on alternative forecasts of 12 economic, political and social conditions in the 13 Pacific; 14 (B) analyze capital infrastructure, edu- 15 cation, social, health, and environmental needs 16 in light of these alternative forecasts; 17 (C) assemble relevant demographic, eco- 18 nomic, and revenue and expenditure data from 19 over the past 25 years; 20 (D) review the application of Federal laws 21 and programs and the effects of such laws and 22 programs on the local economy and make such 23 recommendations for changes in the application 24 as the Commission deems advisable; and 25 14 S 210 RS (E) consider the impact of Federal trade 1 and other international agreements, including, 2 but not limited to those related to marine re- 3 sources, on American Samoa and make such 4 recommendations as may be necessary to mini- 5 mize or eliminate any adverse effects on the 6 local economy. 7 (2) The recommendations of the Commission 8 shall be transmitted in a report to the President, the 9 Committee on Energy and Natural Resources of the 10 United States Senate and the Committee on Re- 11 sources of the United States House of Representa- 12 tives no later than June 30, 1999. The report shall 13 set forth the basis for the recommendations and in- 14 clude an analysis of the capability of American 15 Samoa to meet projected needs based on reasonable 16 alternative economic, political and social conditions 17 in the Pacific Basin. The report shall also include 18 projections of the need for direct or indirect Federal 19 assistance for operations and infrastructure over the 20 next decade and what additional assistance will be 21 necessary to develop the local economy to a level suf- 22 ficient to minimize or eliminate the need for direct 23 Federal operational assistance. As part of the re- 24 port, the Commission shall also include an overview 25 15 S 210 RS of the history of American Samoa and its relation- 1 ship to the United States from 1872 with emphasis 2 on those events or actions that affect future eco- 3 nomic development and shall include, as an appendix 4 to its report, copies of the relevant historical docu- 5 ments, including, but not limited to, the Convention 6 of 1899 (commonly referred to as the Tripartite 7 Treaty) and the documents of cession of 1900 and 8 1904. 9 (d) POWERS.— 10 (1) The Commission may— 11 (A) hold such hearings, sit and act at such 12 times and places, take such testimony and re- 13 ceive such evidence as it may deem advisable: 14 Provided, That the Commission shall conduct 15 public meetings in Tutuila, Ofu, Olosega, and 16 Tau; 17 (B) use the United States mail in the same 18 manner and upon the same conditions as de- 19 partments and agencies of the United States; 20 and 21 (C) within available funds, incur such ex- 22 penses and enter into contracts or agreements 23 for studies and surveys with public and private 24 organizations and transfer funds to Federal 25 16 S 210 RS agencies to carry out the Commission’s func- 1 tions. 2 (2) Within funds available for the Commission, 3 the Secretary of the Interior shall provide such office 4 space, furnishings, equipment, staff, and fiscal and 5 administrative services as the Commission may re- 6 quire. 7 (3) The President, upon request of the Commis- 8 sion, may direct the head of any Federal agency or 9 department to assist the Commission and if so di- 10 rected such head shall— 11 (A) furnish the Commission to the extent 12 permitted by law and within available appro- 13 priations such information as may be necessary 14 for carrying out the functions of the Commis- 15 sion and as may be available to or procurable 16 by such department or agency; and 17 (B) detail to temporary duty with the 18 Commission on a reimbursable basis such per- 19 sonnel within his administrative jurisdiction as 20 the Commission may need or believe to be use- 21 ful for carrying out its functions, each such de- 22 tail to be without loss of seniority, pay or other 23 employee status. 24 17 S 210 RS (e) CHAIRMAN.—Subject to general policies that the 1 Commission may adopt, the Chairman of the Commission 2 shall be the chief executive officer of the Commission and 3 shall exercise its executive and administrative powers. The 4 Chairman may make such provisions as he may deem ap- 5 propriate authorizing the performance of his executive and 6 administrative functions by the staff of the Commission. 7 (f) FUNDING.—There are hereby authorized to be ap- 8 propriated to the Secretary of the Interior such sums as 9 may be necessary, but not to exceed an average of 10 $300,000 per year, in fiscal years 1997, 1998 and 1999 11 for the work of the Commission. 12 (g) TERMINATION.—The Commission shall terminate 13 3 months after the transmission of the report and rec- 14 ommendations under subsection (c)(2). 15 SECTION 1. MARSHALL ISLANDS AGRICULTURAL AND FOOD 16 PROGRAMS. 17 Section 103(h)(2) of the Compact of Free Association 18 Act of 1985 (48 U.S.C. 1903(h)(2) is amended by striking 19 ‘‘ten’’ and inserting ‘‘fifteen’’ and by adding at the end of 20 subparagraph (B) the following: ‘‘The President shall en- 21 sure that the amount of commodities provided under these 22 programs reflects the changes in the population that have 23 occurred since the effective date of the Compact.’’. 24 18 S 210 RS SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM. 1 Section 8 of the Organic Act of Guam (48 U.S.C. 2 1422b), as amended, is further amended by adding at the 3 end thereof the following new subsection: 4 ‘‘(e) An absence from Guam of the Governor or the 5 Lieutenant Governor, while on official business, shall not 6 be a ‘temporary absence’ for the purposes of this section.’’ 7 SEC. 3. TERRITORIAL LAND GRANT COLLEGES. 8 (a) LAND GRANT STATUS.—Section 506(a) of the Edu- 9 cation Amendments of 1972 (Public Law 92–318, as 10 amended; 7 U.S.C. 301 note) is amended by striking ‘‘the 11 College of Micronesia,’’ and inserting ‘‘the College of the 12 Marshall Islands, the College of Micronesia-FSM, the Palau 13 Community College,’’. 14 (b) ENDOWMENT.—The amount of the land grant trust 15 fund attributable to the $3,000,000 appropriation for Mi- 16 cronesia authorized by the Education Amendments of 1972 17 (Public Law 92–318, as amended; 7 U.S.C. 301 note) shall, 18 upon enactment of this Act, be divided equally among the 19 Republic of the Marshall Islands, the Federated States of 20 Micronesia, and the Republic of Palau for the benefit of the 21 College of the Marshall Islands, the College of Micronesia- 22 FSM, and the Palau Community College. 23 (c) TREATMENT.—Section 1361(c) of the Education 24 Amendments of 1980 (Public Law 96–374, as amended; 7 25 U.S.C. 301 note) is amended by striking ‘‘and the Trust 26 19 S 210 RS Territory of the Pacific Islands (other than the Northern 1 Mariana Islands)’’ and inserting ‘‘the Republic of the Mar- 2 shall Islands, the Federated States of Micronesia, and the 3 Republic of Palau’’. The proportion of any allocation of 4 funds to the Trust Territory of the Pacific islands under 5 any Act in accordance with section 1361(c) of Public Law 6 96–374 prior to the enactment of this Act shall hereafter 7 remain the same with the amount of such funds divided 8 as may be agreed among the Federated States of Micronesia, 9 the Republic of the Marshall Islands, and the Republic of 10 Palau. 11 SEC. 4. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO 12 ACQUIRE EXCESS REAL PROPERTY IN GUAM. 13 (a) TRANSFER OF EXCESS REAL PROPERTY.—(1) Ex- 14 cept as provided in subsection (d), before screening excess 15 real property located on Guam for further Federal utiliza- 16 tion under section 202 of the Federal Property and Admin- 17 istrative Services Act of 1949 (40 U.S.C. 471, et seq.) (here- 18 inafter the ‘‘Property Act’’), the Administrator shall notify 19 the Government of Guam that the property is available for 20 transfer pursuant to this section. 21 (2) If the Government of Guam, within 180 days after 22 receiving notification under paragraph (1), notifies the Ad- 23 ministrator that the Government of Guam intends to ac- 24 quire the property under this section, the Administrator 25 20 S 210 RS shall transfer such property in accordance with subsection 1 (b). Otherwise, the property shall be disposed of in accord- 2 ance with the Property Act. 3 (b) CONDITIONS OF TRANSFER.—(1) Any transfer of 4 excess real property to the Government of Guam for other 5 than a public purpose shall be for consideration equal to 6 the fair market value. 7 (2) Any transfer of excess real property to the Govern- 8 ment of Guam for a public purpose shall be without further 9 consideration. 10 (3) All transfers of excess real property to the Govern- 11 ment of Guam shall be subject to such restrictive covenants 12 as the Administrator, in consultation with the Secretary 13 of Defense, in the case of property reported excess by a mili- 14 tary department, determines in their sole discretion to be 15 necessary to ensure that (A) the use of the property is com- 16 patible with continued military activities on Guam, (B) the 17 use of the property is consistent with the environmental 18 condition of the property; (C) access is available to the 19 United States to conduct any additional environmental re- 20 mediation or monitoring that may be required; (D) to the 21 extent the property was transferred for a public purpose, 22 that the property is so utilized; and (E) to the extent the 23 property has been leased by another Federal agency for a 24 minimum of two (2) years under a lease entered into prior 25 21 S 210 RS to May 1, 1997, that the transfer to the Government of 1 Guam be subject to the terms and conditions of those lease- 2 hold interests. 3 (4) All transfers of excess real property to the Govern- 4 ment of Guam are subject to all otherwise applicable Fed- 5 eral laws. 6 (c) DEFINITIONS.—For the purposes of this section: 7 (1) The term ‘‘Administrator’’ means— 8 (A) the Administrator of General Services; 9 or 10 (B) the head of any Federal agency with the 11 authority to dispose of excess real property on 12 Guam. 13 (2) The term ‘‘base closure law’’ means the De- 14 fense Authorization Amendments and Base Closure 15 and Realignment Act of 1988 (Public Law 100–526), 16 the Defense Base Closure and Realignment Act of 17 1990 (Public Law 101–510), or similar base closure 18 authority. 19 (3) The term ‘‘excess real property’’ means excess 20 property (as that term is defined in section 3 of the 21 Property Act) that is real property and was acquired 22 by the United States prior to enactment of this sec- 23 tion. 24 22 S 210 RS (4) The term ‘‘Guam National Wildlife Refuge’’ 1 includes those lands within the refuge overlay under 2 the jurisdiction of the Department of Defense, identi- 3 fied as DoD lands in figure 3, on page 74, and as 4 submerged lands in figure 7, on page 78 of the ‘‘Final 5 Environmental Assessment for the Proposed Guam 6 National Wildlife Refuge, Territory of Guam, July 7 1993’’ to the extent that the federal government holds 8 title to such lands. 9 (5) The term ‘‘public purpose’’ means those pub- 10 lic benefit purposes for which the United States may 11 dispose of property pursuant to section 203 of the 12 Property Act, as implemented by the Federal Prop- 13 erty Management Regulations (41 CFR 101–47) or 14 other public benefit uses provided under the Guam 15 Excess Lands Act (Public Law 103–339. 108 Stat. 16 3116). 17 (d) EXEMPTIONS.—Notwithstanding that such prop- 18 erty may be excess real property, the provisions of this sec- 19 tion shall not apply: 20 (1) To real property on Guam that is declared 21 excess by the Department of Defense for the purpose 22 of transferring that property to the Coast Guard; or 23 (2) To real property on Guam that is declared 24 excess by the managing Federal agency for the pur- 25 23 S 210 RS pose of transferring that property to the Federal 1 Agency which has occupied the property for a mini- 2 mum of two (2) years at the time the property is de- 3 clared excess and which was occupying such property 4 prior to May 1, 1997. 5 (3) To real property on Guam that is located 6 within the Guam National Wildlife Refuge, which 7 shall be transferred according to the following proce- 8 dure: 9 (A) The Administrator shall notify the Gov- 10 ernment of Guam and the Fish and Wildlife 11 Service that such property has been declared ex- 12 cess. The Government of Guam and the Fish and 13 Wildlife Service shall have 180 days to engage in 14 discussions toward an agreement providing for 15 the future ownership and management of such 16 real property. 17 (B) If the parties reach an agreement under 18 paragraph (A) within 180 days after notifica- 19 tion of the declaration of excess, the real property 20 shall be transferred and managed in accordance 21 with such agreement: Provided, That such agree- 22 ment shall be transmitted to the Committee on 23 Energy and Natural Resources of the United 24 States Senate and the appropriate committees of 25 24 S 210 RS the United States House of Representatives not 1 less than 60 days prior to such transfer and any 2 such transfer shall be subject to the other provi- 3 sions of this section. 4 (C) If the parties do not reach an agreement 5 under paragraph (A) within 180 days after noti- 6 fication of the declaration of excess, the Adminis- 7 trator shall provide a report to Congress on the 8 status of the discussions, together with his rec- 9 ommendations on the likelihood of resolution of 10 differences and the comments of the Fish and 11 Wildlife Service and the Government of Guam. If 12 the subject property is under the jurisdiction of 13 a military department, the military department 14 may transfer administrative control over the 15 property to the General Services Administration. 16 (D) If the parties come to agreement prior 17 to congressional action, the real property shall be 18 transferred and managed in accordance with 19 such agreement: Provided, That such agreement 20 shall be transmitted to the Committee on Energy 21 and Natural Resources of the United States Sen- 22 ate and the appropriate committees of the United 23 States House of Representatives not less than 60 24 days prior to such transfer and any such trans- 25 25 S 210 RS fer shall be subject to the other provisions of this 1 section. 2 (E) Absent an agreement on the future own- 3 ership and use of the property, such property 4 may not be transferred to another federal agency 5 or out of federal ownership except pursuant to 6 an Act of Congress specifically identifying such 7 property. 8 (4) To real property on Guam that is declared 9 excess as a result of a base closure law, except that 10 with respect to property identified for disposal prior 11 to the date of enactment of this section, such lands 12 shall be subject to subsection (b) of this section. 13 (e) DUAL CLASSIFICATION PROPERTY.—If a parcel of 14 real property on Guam that is declared excess as a result 15 of a base closure law also falls within the boundary of the 16 Guam National Wildlife Refuge, such parcel of property 17 shall be disposed of in accordance with the base closure law. 18 (f) AUTHORITY TO ISSUE REGULATIONS.—The Ad- 19 ministrator of General Services, after consultation with the 20 Secretary of Defense and the Secretary of Interior, may 21 issue such regulations as he deems necessary to carry out 22 this section. 23 26 S 210 RS SEC. 5. CLARIFICATION OF ALLOTMENT FOR TERRITORIES. 1 Section 901(a)(2) of the Omnibus Crime Control and 2 Safe Streets Act of 1968 (42 U.S.C. 3791(a)(2)) is amended 3 to read as follows: 4 ‘‘(2) ‘State’ means any State of the United 5 States, the District of Columbia, the Commonwealth 6 of Puerto Rico, the Virgin Islands, American Samoa, 7 Guam, and the Commonwealth of the Northern Mari- 8 ana Islands;’’. 9 SEC. 6. AMENDMENTS TO THE REVISED ORGANIC ACT OF 10 THE VIRGIN ISLANDS. 11 (a) TEMPORARY ABSENCE OF OFFICIALS.—Section 14 12 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 13 1595) is amended by adding at the end the following new 14 subsection: 15 ‘‘(g) An absence from the Virgin Islands of the Gov- 16 ernor or the Lieutenant Governor, while on official business, 17 shall not be a ‘temporary absence’ for purposes of this sec- 18 tion.’’. 19 (b) PRIORITY OF BONDS.—Section 3 of Public Law 20 94–392 (90 Stat. 1193, 1195) is amended— 21 (1) by striking ‘‘priority for payment’’ and in- 22 serting ‘‘a parity lien with every other issue of bonds 23 or other obligations issued for payment’’; and 24 (2) by striking ‘‘in the order of the date of 25 issue’’. 26 27 S 210 RS (c) APPLICATION.—The amendments made by sub- 1 section (b) shall apply to obligations issued on or after the 2 date of enactment of this section. 3 (d) SHORT TERM BORROWING.—Section 1 of Public 4 Law 94–392 (90 Stat. 1193) is amended by adding the fol- 5 lowing new subsection at the end thereof: 6 ‘‘(d) The legislature of the government of the Virgin 7 Islands may cause to be issued notes in anticipation of the 8 collection of the taxes and revenues for the current fiscal 9 year. Such notes shall mature and be paid within one year 10 from the date they are issued. No extension of such notes 11 shall be valid and no additional notes shall be issued under 12 this section until all notes issued during a preceding year 13 shall have been paid.’’ 14 SEC. 7. COMMISSION ON THE ECONOMIC FUTURE OF THE 15 VIRGIN ISLANDS. 16 (a) ESTABLISHMENT AND MEMBERSHIP.— 17 (1) There is hereby established a Commission on 18 the Economic Future of the Virgin Islands (the ‘‘Com- 19 mission’’). The Commission shall consist of six mem- 20 bers appointed by the President, two of whom shall be 21 selected from nominations made by the Governor of 22 the Virgin Islands. The President shall designate one 23 of the members of the Commission to be Chairman. 24 28 S 210 RS (2) In addition to the six members appointed 1 under paragraph (1), the Secretary of the Interior 2 shall be an ex-officio member of the Commission. 3 (3) Members of the Commission appointed by the 4 President shall be persons who by virtue of their back- 5 ground and experience are particularly suited to con- 6 tribute to achievement of the purposes of the Commis- 7 sion. 8 (4) Members of the Commission shall serve with- 9 out compensation, but shall be reimbursed for travel, 10 subsistence and other necessary expenses incurred by 11 them in the performance of their duties. 12 (5) Any vacancy in the Commission shall be 13 filled in the same manner as the original appoint- 14 ment was made. 15 (b) PURPOSE AND REPORT.— 16 (1) The purpose of the Commission is to make 17 recommendations to the President and Congress on 18 the policies and actions necessary to provide for a se- 19 cure and self-sustaining future for the local economy 20 of the Virgin Islands through 2020 and on the role of 21 the Federal Government. In developing recommenda- 22 tions, the Commission shall— 23 (A) solicit and analyze information on pro- 24 jected private sector development and shifting 25 29 S 210 RS tourism trends based on alternative forecasts of 1 economic, political and social conditions in the 2 Caribbean; 3 (B) analyze capital infrastructure, edu- 4 cation, social, health, and environmental needs 5 in light of these alternative forecasts; and 6 (C) assemble relevant demographic, eco- 7 nomic, and revenue and expenditure data from 8 over the past twenty-five years. 9 (2) The recommendation of the Commission shall 10 be transmitted in a report to the President, the Com- 11 mittee on Energy and Natural Resources of the Unit- 12 ed States Senate and the Committee on Resources of 13 the United States House of Representatives no later 14 than June 30, 1999. The report shall set forth the 15 basis for the recommendations and include an analy- 16 sis of the capability of the Virgin Islands to meet pro- 17 jected needs based on reasonable alternative economic, 18 political and social conditions in the Caribbean, in- 19 cluding the possible effect of expansion in the near fu- 20 ture of Cuba in trade, tourism and development. 21 (c) POWERS.— 22 (1) The Commission may— 23 30 S 210 RS (A) hold such hearings, sit and act at such 1 times and places, take such testimony and re- 2 ceive such evidence as it may deem advisable; 3 (B) use the United States mail in the same 4 manner and upon the same conditions as depart- 5 ments and agencies of the United States; and 6 (C) within available funds, incur such ex- 7 penses and enter into contracts or agreements for 8 studies and surveys with public and private or- 9 ganizations and transfer funds to Federal agen- 10 cies to carry out the Commission’s functions. 11 (2) Within funds available for the Commission, 12 the Secretary of the Interior shall provide such office 13 space, furnishings, equipment, staff, and fiscal and 14 administrative services as the Commission may re- 15 quire. 16 (3) The President, upon request of the Commis- 17 sion, may direct the head of any Federal agency or 18 department to assist the Commission and if so di- 19 rected such head shall— 20 (A) furnish the Commission to the extent 21 permitted by law and within available appro- 22 priations such information as may be necessary 23 for carrying out the functions of the Commission 24 31 S 210 RS and as may be available to or procurable by such 1 department or agency; and 2 (B) detail to temporary duty with the Com- 3 mission on a reimbursable basis such personnel 4 within his administrative jurisdiction as the 5 Commission may need or believe to be useful for 6 carrying out its functions, each such detail to be 7 without loss of seniority, pay or other employee 8 status. 9 (d) CHAIRMAN.—Subject to general policies that the 10 Commission may adopt, the Chairman of the Commission 11 shall be the chief executive officer of the Commission and 12 shall exercise its executive and administrative powers. The 13 Chairman may make such provisions as he may deem ap- 14 propriate authorizing the performance of his executive and 15 administrative functions by the staff of the Commission. 16 (e) FUNDING.—There is hereby authorized to be appro- 17 priated to the Secretary of the Interior such sums as may 18 be necessary, but not to exceed an average of $300,000 per 19 year, in fiscal years 1997, 1998 and 1999 for the work of 20 the Commission. 21 (f) TERMINATION.—The Commission shall terminate 22 three months after the transmission of the report and rec- 23 ommendations under subsection (b)(2). 24 32 S 210 RS SEC. 8. COMPACT IMPACT REPORTS. 1 Paragraph 104(e)(2) of Public Law 99–239 (99 Stat. 2 1770, 1788) is amended by deleting ‘‘President shall report 3 to the Congress with respect to the impact of the Compact 4 on the United States territories and commonwealths and 5 on the State of Hawaii.’’ and inserting in lieu thereof, 6 ‘‘Governor of any of the United States territories or com- 7 monwealths or the State of Hawaii may report to the Sec- 8 retary of the Interior by February 1 of each year with re- 9 spect to the impacts of the compacts of free association on 10 the Governor’s respective jurisdiction. The Secretary of the 11 Interior shall review and forward any such reports to the 12 Congress with the comments of the Administration. The 13 Secretary of the Interior shall, either directly or, subject to 14 available technical assistance funds, through a grant to the 15 affected jurisdiction, provide for a census of Micronesians 16 at intervals no greater than five years from each decenial 17 United States census using generally acceptable statistical 18 methodologies for each of the impact jurisdictions where the 19 Governor requests such assistance, except that the total ex- 20 penditures to carry out this sentence may not exceed 21 $300,000 in any year.’’. 22 SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE. 23 (a) Section 214(a) of the Housing Community Devel- 24 opment Act of 1980 (42 U.S.C. 1436a(a)) is amended— 25 (1) by striking ‘‘or’’ at the end of paragraph (5); 26 33 S 210 RS (2) by striking the period at the end of para- 1 graph (6) and inserting ‘‘; or’’; and 2 (3) by adding at the end the following new para- 3 graph: 4 ‘‘(7) an alien who is lawfully resident in the 5 United States and its territories and possessions 6 under section 141 of the Compacts of Free Association 7 between the Government of the United States and the 8 Governments of the Marshall Islands, the Federated 9 States of Micronesia (48 U.S.C. 1901 note) and Palau 10 (48 U.S.C. 1931 note) while the applicable section is 11 in effect: Provided, That, within Guam and the Com- 12 monwealth of the Northern Mariana Islands any such 13 alien shall not be entitled to a preference in receiving 14 assistance under this Act over any United States citi- 15 zen or national resident therein who is otherwise eli- 16 gible for such assistance.’’. 17 SEC. 10. AMERICAN SAMOA STUDY COMMISSION. 18 (a) SHORT TITLE.—This section may be cited as ‘‘The 19 American Samoa Development Act of 1997’’. 20 (b) ESTABLISHMENT AND MEMBERSHIP.— 21 (1) There is hereby established a Commission on 22 the Economic Future of American Samoa (the ‘‘Com- 23 mission’’). The Commission shall consist of six mem- 24 bers appointed by the President, three of whom shall 25 34 S 210 RS be selected from nominations made by the Governor of 1 American Samoa, and the Secretary of the Interior ex 2 officio. The President shall designate one of the ap- 3 pointed members of the Commission to be Chairman. 4 (2) Members of the Commission appointed by the 5 President shall be persons who by virtue of their back- 6 ground and experience are particularly suited to con- 7 tribute to achievement of the purposes of the Commis- 8 sion. 9 (3) Members of the Commission shall serve with- 10 out compensation, but shall be reimbursed for travel, 11 subsistence and other necessary expenses incurred by 12 them in the performance of their duties. 13 (4) Any vacancy in the Commission shall be 14 filled in the same manner as the original appoint- 15 ment was made. 16 (c) PURPOSE AND REPORT.— 17 (1) The purpose of the Commission is to make 18 recommendations to the President and Congress on 19 the policies and actions necessary to provide for a se- 20 cure and self-sustaining future for the local economy 21 of American Samoa through 2020 and on the role of 22 the Federal Government. In developing recommenda- 23 tions, the Commission shall— 24 35 S 210 RS (A) solicit and analyze information on pro- 1 jected private sector development, including, but 2 not limited to, tourism, manufacturing and in- 3 dustry, agriculture, and transportation and 4 shifting trends based on alternative forecasts of 5 economic, political and social conditions in the 6 Pacific; 7 (B) analyze capital infrastructure, edu- 8 cation, social, health, and environmental needs 9 in light of these alternative forecasts; 10 (C) assemble relevant demographic, eco- 11 nomic, and revenue and expenditure data from 12 over the past twenty-five years; 13 (D) review the application of federal laws 14 and programs and the effects of such laws and 15 programs on the local economy and make such 16 recommendations for changes in the application 17 as the Commission deems advisable; 18 (E) consider the impact of federal trade and 19 other international agreements, including, but 20 not limited to those related to marine resources, 21 on American Samoa and make such rec- 22 ommendations as may be necessary to minimize 23 or eliminate any adverse effects on the local 24 economy. 25 36 S 210 RS (2) the recommendations of the Commission shall 1 be transmitted in a report to the President, the Com- 2 mittee on Energy and Natural Resources of the 3 United States Senate and the Committee on Resources 4 of the United States House of Representatives no later 5 than June 30, 1999. The report shall set forth the 6 basis for the recommendations and include an analy- 7 sis of the capability of American Samoa to meet pro- 8 jected needs based on reasonable alternative economic, 9 political and social conditions in the Pacific Basin. 10 The report shall also include projections of the need 11 for direct or indirect Federal assistance for operations 12 and infrastructure over the next decade and what ad- 13 ditional assistance will be necessary to develop the 14 local economy to a level sufficient to minimize or 15 eliminate the need for direct Federal operational as- 16 sistance. As part of the report, the Commission shall 17 also include an overview of the history of American 18 Samoa and its relationship to the United States from 19 1872 with emphasis on those events or actions that af- 20 fect future economic development and shall include, as 21 an appendix to its report, copies of the relevant his- 22 torical documents, including, but not limited to, the 23 Convention of 1899 (commonly referred to as the Tri- 24 37 S 210 RS partite Treaty) and the documents of cession of 1900 1 and 1904. 2 (d) POWERS.— 3 (1) The Commission may— 4 (A) hold such hearings, sit and act at such 5 times and places, take such testimony and re- 6 ceive such evidence as it may deem advisable: 7 Provided, That the Commission shall conduct 8 public meetings in Tutuila, Ofu, Olosega, and 9 Tau; 10 (B) use the United States mail in the same 11 manner and upon the same conditions as depart- 12 ments and agencies of the United States; and 13 (C) within available funds, incur such ex- 14 penses and enter into contracts or agreements for 15 studies and surveys with public and private or- 16 ganizations and transfer funds to Federal agen- 17 cies to carry out the Commission’s functions. 18 (2) Within funds available for the Commission, 19 the Secretary of the Interior shall provide such office 20 space, furnishings, equipment, staff, and fiscal and 21 administrative services as the Commission may re- 22 quire. 23 (3) The President, upon request of the Commis- 24 sion, may direct the head of any Federal agency or 25 38 S 210 RS department to assist the Commission and if so di- 1 rected such head shall— 2 (A) furnish the Commission to the extent 3 permitted by law and within available appro- 4 priations such information as may be necessary 5 for carrying out the functions of the Commission 6 and as may be available to or procurable by such 7 department or agency; and 8 (B) detail to temporary duty with the Com- 9 mission on a reimbursable basis such personnel 10 within his administrative jurisdiction as the 11 Commission may need or believe to be useful for 12 carrying out its functions, each such detail to be 13 without loss of seniority, pay or other employee 14 status. 15 (e) CHAIRMAN.—Subject to general policies that the 16 Commission may adopt, the Chairman of the Commission 17 shall be the chief executive officer of the Commission and 18 shall exercise its executive and administrative powers. The 19 Chairman may make such provisions as he may deem ap- 20 propriate authorizing the performance of his executive and 21 administrative functions by the staff of the Commission. 22 (f) FUNDING.—There are hereby authorized to be ap- 23 propriated to the Secretary of the Interior such sums as 24 may be necessary, but not to exceed an average of $300,000 25 39 S 210 RS per year, in fiscal years 1997, 1998 and 1999 for the work 1 of the Commission. 2 (g) TERMINATION.—The Commission shall terminate 3 three months after the transmission of the report and rec- 4 ommendations under subsection (c)(2). 5 SEC. 11. FEDERAL PROGRAMS COORDINATION IN THE 6 FREELY ASSOCIATED STATES AND PROVI- 7 SIONS FOR BIKINI. 8 (a) Section 108 of Public Law 101–219 (103 Stat. 9 1870, 1872) is amended by deleting ‘‘shall station’’ and in- 10 serting in lieu thereof ‘‘shall, subject to appropriations, sta- 11 tion’’. 12 (b) Section 501 of Public Law 95–134 is amended by 13 deleting ‘‘the Trust Territory of the Pacific Islands,’’ and 14 inserting in lieu thereof ‘‘the Republic of the Marshall Is- 15 lands, the Federated States of Micronesia, the Republic of 16 Palau,’’. 17 (c) Under the heading ‘‘COMPACT OF FREE ASSO- 18 CIATION’’ in TITLE I—DEPARTMENT OF THE IN- 19 TERIOR of Public Law 100–446 (102 Stat. 1774, 1798) 20 delete ‘‘$2,000,000 in any year from income for projects on 21 Kili or Ejit:’’ and insert in lieu thereof ‘‘$2,500,000 in any 22 year from income for projects on Kili or Ejit: Provided fur- 23 ther, That commencing on October 1, 1998 and every year 24 thereafter, this dollar amount shall be changed to reflect any 25 40 S 210 RS fluctuation occurring during the previous twelve months in 1 the Consumer Price Index, as determined by the Secretary 2 of Labor:’’. 3