IN THE SENATE OF THE UNITED STATES 113th Cong., 1st Sess. S. 1237

Transcription

1 FLOB JOINT STAFF AMENDMENT S.L.C. AMENDMENT NO.llll Purpose: In the nature of a substitute. Calendar No.lll IN THE SENATE OF THE UNITED STATES th Cong., st Sess. S. To improve the administration of programs in the insular areas, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by lllllll Viz: Strike all after the enacting clause and insert the following: SECTION. SHORT TITLE. This Act may be cited as the Omnibus Territories Act of 0. SEC.. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec.. Short title. Sec.. Table of contents. Sec.. Amendments to the Consolidated Natural Resources Act. Sec.. Study of electric rates in the insular areas. Sec.. Reports on estimates of revenues. Sec.. Low-income home energy assistance program. Sec.. Guam War Claims Review Commission. Sec.. Improvements in HUD assisted programs. Sec.. Benefit to cost ratio study for projects in American Samoa. Sec.. Waiver of local matching requirements. Sec.. Fishery endorsements.

2 FLOB JOINT STAFF AMENDMENT S.L.C. Sec.. Effects of Minimum Wage differentials in American Samoa. Sec.. Office of National Drug Control Policy. Sec.. Drivers licenses and personal identification cards. 0 SEC.. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT. Section 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, (Public Law ; 0 Stat., Stat. ), is amended () in subsection (a) (A) in paragraph (), by striking December, 0, except as provided in subsections (b) and (d) and inserting December, 0 ; and (B) by striking paragraph (), and inserting the following: () CERTAIN EDUCATION FUNDING. (A) IN GENERAL. In addition to fees charged pursuant to section (m) of the Immigration and Nationality Act ( U.S.C. (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $ per nonimmigrant worker to each prospective employer who is issued a permit

3 FLOB JOINT STAFF AMENDMENT S.L.C. 0 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 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds. ; and

4 FLOB JOINT STAFF AMENDMENT S.L.C. 0 () in subsection (d) (A) in the third sentence of paragraph (), by striking not to extend beyond December, 0, unless extended pursuant to paragraph of this subsection and inserting ending on December, 0 ; (B) by striking paragraph (); and (C) by redesignating paragraph () as paragraph (). SEC.. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS. (a) DEFINITIONS. In this section: () COMPREHENSIVE ENERGY PLAN. The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 0 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes, approved December, 0 ( U.S.C. ). () ENERGY ACTION PLAN. The term energy action plan means the plan required by subsection (d). () FREELY ASSOCIATED STATES. The term Freely Associated States means the Federated

5 FLOB JOINT STAFF AMENDMENT S.L.C. 0 States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. () INSULAR AREAS. The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands. () SECRETARY. The term Secretary means the Secretary of the Interior. () TEAM. The term team means the team established by the Secretary under subsection (b). (b) ESTABLISHMENT. Not later than 0 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 () to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and () to assist each of the insular areas and Freely Associated States in implementing such plan. (c) PARTICIPATION OF REGIONAL UTILITY ORGANI- ZATIONS. 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

6 FLOB JOINT STAFF AMENDMENT S.L.C. 0 () recommendations, based on the comprehensive energy plan where applicable, to (A) reduce reliance and expenditures on imported fuels; (B) develop indigenous fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; () a schedule for implementation of such 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. (e) REPORTS TO SECRETARY. Not later than 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 0 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.

7 FLOB JOINT STAFF AMENDMENT S.L.C. 0 SEC.. REPORTS ON ESTIMATES OF REVENUES. The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that () 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 () as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts. SEC.. LOW-INCOME HOME ENERGY ASSISTANCE PRO- GRAM. With respect to fiscal years 0 through 0, the percentage described in section 0(b)()(B)(i) of the Low-Income Home Energy Assistance Act of ( U.S.C. (b)()(b)(i)) shall be 00 percent when applied to households located in the Virgin Islands. SEC.. GUAM WAR CLAIMS REVIEW COMMISSION. (a) RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM. () RECOGNITION OF THE SUFFERING OF THE RESIDENTS OF GUAM. The United States recognizes that, as described by the Guam War Claims

8 FLOB JOINT STAFF AMENDMENT S.L.C. 0 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. () 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. () 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).

9 FLOB JOINT STAFF AMENDMENT S.L.C. 0 () COMPOSITION OF FUND. The Claims Fund established under paragraph () shall be composed of amounts deposited into the Claims Fund under paragraph () and any other amounts made available for the payment of claims under this Act. () PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED FROM GUAM DEPOSITED INTO FUND. (A) IN GENERAL. Notwithstanding section 0 of the Organic Act of Guam ( U.S.C. h), the excess of (i) any amount of duties, taxes, and fees collected under such subsection after fiscal year 0, over (ii) the amount of duties, taxes, and fees collected under such subsection during fiscal year 0, 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. () LIMITATION ON PAYMENTS MADE FROM FUND.

10 FLOB JOINT STAFF AMENDMENT S.L.C. 0 (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 (). (B) AMOUNTS. For each fiscal year in which funds are deposited into the Claims Fund under paragraph (), 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. () DEDUCTIONS FROM FUND FOR ADMINIS- TRATIVE EXPENSES. The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 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. () PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERN- MENT. After the Secretary of the Treasury receives the certification from the Chairman of the Foreign

11 FLOB JOINT STAFF AMENDMENT S.L.C. 0 Claims Settlement Commission as required under subsection (d)()(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 ()(B)(i), $,000. (ii) In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph ()(B)(ii), $,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 ()(B)(iii), $,000. (B) SURVIVORS OF COMPENSABLE GUAM DECEDENTS. In the case of a compensable Guam decedent, the Secretary shall pay $,000 for distribution to survivors of the decedent in accordance with paragraph (). The

12 FLOB JOINT STAFF AMENDMENT S.L.C. 0 Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A). () DISTRIBUTION OF SURVIVOR PAYMENTS. A payment made under paragraph ()(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, 0 percent of the payment shall be made to the spouse and 0 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

13 FLOB JOINT STAFF AMENDMENT S.L.C. 0 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. () 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

14 FLOB JOINT STAFF AMENDMENT S.L.C. 0 Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of (Public Law ) 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

15 FLOB JOINT STAFF AMENDMENT S.L.C. 0 than 0 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 (). (d) ADJUDICATION. () AUTHORITY OF FOREIGN CLAIMS SETTLE- MENT 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 0 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. () CLAIMS SUBMITTED FOR PAYMENTS. (A) SUBMITTAL OF CLAIM. For purposes of paragraph ()(A) and subject to subpara-

16 FLOB JOINT STAFF AMENDMENT S.L.C. 0 graph (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 NO- TICE. (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 0 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.

17 FLOB JOINT STAFF AMENDMENT S.L.C. 0 (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 (Public Law ) 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 PROVI- SION OF REPRESENTATIONAL SERVICES.

18 FLOB JOINT STAFF AMENDMENT S.L.C. 0 (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 $,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

19 FLOB JOINT STAFF AMENDMENT S.L.C. 0 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)(), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) RELEASE OF RELATED CLAIMS. Ac- ceptance 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,

20 FLOB JOINT STAFF AMENDMENT S.L.C. 0 0 arising under the Guam Meritorious Claims Act of (Public Law ), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law ), or this Act. SEC.. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. Section (a)() of the Housing and Community Development Act of 0 ( U.S.C. a(a)()) 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.. 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 benefitto-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 () assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration

21 FLOB JOINT STAFF AMENDMENT S.L.C. 0 (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 contiguous States; and () assess, in particular, the use of benefit-tocost 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. () REPORT TO CONGRESS. Not later than 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.. WAIVER OF LOCAL MATCHING REQUIREMENTS. (a) WAIVER OF CERTAIN MATCHING REQUIRE- MENTS. Section 0 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and

22 FLOB JOINT STAFF AMENDMENT S.L.C. 0 for other purposes, approved October, ( U.S.C. a; Stat. ) is amended () in the last sentence of subsection (d), by striking by law ; and () 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: () For a grant requiring matching funds (including in-kind contributions) of $00,000 or less, the entire matching requirement shall be waived. () For a grant requiring matching funds (including in-kind contributions) of more than $00,000, $00,000 of the matching requirement shall be waived.. (b) CONFORMING AMENDMENT. Section 0 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes, approved March, 0 ( U.S.C. a note; Stat. 0), is amended by striking, and adding the

23 FLOB JOINT STAFF AMENDMENT S.L.C. 0 following sentence and all that follows through Islands.. SEC.. FISHERY ENDORSEMENTS. Section of title, United States Code, is amended by adding at the end the following: (j) CERTAIN EXEMPTION. Paragraph () of subsection (a) shall not apply to any vessel () that offloads its catch in part or full in American Samoa; and () that was rebuilt outside of the United States before January, 0.. SEC.. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN AMERICAN SAMOA. Section of the Fair Minimum Wage Act of 00 ( U.S.C. 0 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 of title, 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

24 FLOB JOINT STAFF AMENDMENT S.L.C. 0 forth in section (a)() of the Fair Labor Standards Act ( U.S.C. 0(a)()).. SEC.. 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 0(b)()(B) of the Office of National Drug Control Policy Reauthorization Act of ( U.S.C. (b)()(b)) is amended by inserting the borders of Puerto Rico and the Virgin Islands of the United States and after in particular. SEC.. DRIVERS LICENSES AND PERSONAL IDENTIFICA- TION CARDS. (a) DEFINITION OF STATE. Section 0() of the REAL ID Act of 00 ( U.S.C. 00 note; Public Law ) is amended by striking the Trust Territory of the Pacific Islands,.

25 FLOB JOINT STAFF AMENDMENT S.L.C. (b) EVIDENCE OF LAWFUL STATUS. Section 0(c)()(B) of the REAL ID Act of 00 ( U.S.C. 00 note; Public Law ) is amended () in clause (viii), by striking or after the semicolon at the end; () in clause (ix), by striking the period at the end and inserting ; or ; and () 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..