Section 1 Short title
This Act may be cited as the “Territorial Omnibus Act of 2013”.
Territorial Omnibus Act of 2013
A BILL
To improve the administration of programs in the insular areas, and for other purposes.
Sec. 2 Table of contents
The table of contents for this Act is as follows:
Sec. 3 Territorial sea
In general— The first section and section 2 of Public Law 93–435 (48 U.S.C. 1705, 1706) are amended by inserting “the Commonwealth of the Northern Mariana Islands,” after “Guam,” each place it appears.
References to date of enactment— For the purposes of the amendment made by subsection (a), each reference in Public Law 93–435 to the “date of enactment” shall be considered to be a reference to the date of the enactment of this section.
Sec. 4 Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands
Section 8103(b)(1)(B) of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (as amended by section 2 of Public Law 111–244) is amended by striking “2011” and inserting “2011, 2013, and 2015”.
Sec. 5 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), is amended—
in subsection (a)—
in paragraph (2), by inserting after “subsections (b)” the following: “, (c),”; and
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 Homeland Security, a plan for the expenditure of funds and a projection of the effectiveness of these expenditures in the placement of United States workers into jobs.
“(C) GAO report—The Comptroller General of the United States 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.”
in subsection (c)—
in paragraph (1), by striking “during the transition period,”; and
by adding at the end the following:
“(3) Duration—Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated.”
in subsection (d)(2), by striking “December 31, 2014” and inserting “December 31, 2019”.
Sec. 6 Empowering insular communities
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 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).
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 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, the Commonwealth of 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).
Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall 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.
Participation of regional utility organizations— In establishing the team, the Secretary shall consider including regional utility organizations.
Energy action plan— In accordance with subsection (b), the energy action plan shall include—
recommendations, based on the comprehensive energy plan where applicable, to—
reduce reliance and expenditures on imported fossil fuels;
develop indigenous, nonfossil fuel energy sources; and
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.
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.
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.
Sec. 7 Chief financial officer of the Virgin Islands
Referendum— As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast.
Chief Financial Officer of the Virgin Islands—
Appointment of Chief Financial Officer—
In general— The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer.
Acting Chief Financial Officer— If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer.
Duties of Chief Financial Officer— The duties of the Chief Financial Officer shall include the following:
Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public.
Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced.
Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head.
Documents provided— The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer.
Conditions related to Chief Financial Officer—
Term— The Chief Financial Officer shall be appointed for a term of 5 years.
Removal— The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands.
Replacement— If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1).
Salary— The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency.
Establishment of commission—
Establishment— There is established a commission to be known as the “Virgin Islands Chief Financial Officer Search Commission”.
Duty of commission— The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems.
Membership—
Number and appointment— The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows:
1 individual appointed by the Governor of the Virgin Islands.
1 individual appointed by the President of the Legislature of the Virgin Islands.
1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands.
1 individual appointed by the Chamber of Commerce of St. Thomas-St. John.
1 individual appointed by the Chamber of Commerce of St. Croix.
1 individual appointed by the President of the University of the Virgin Islands.
1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands.
1 individual appointed by the President of AARP Virgin islands.
Terms—
In general— Each member shall be appointed for the life of the Commission.
Vacancies— A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term.
Basic pay— Members shall serve without pay.
Quorum— Five members of the Commission shall constitute a quorum.
Chairperson— The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie.
Meetings— The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection.
Government employment— Members may not be current government employees, except for the member appointed under subparagraph (A)(iii).
Report; recommendations— The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands.
Termination— The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer.
Definitions— For the purposes of this section, the following definitions apply:
Chief Financial Officer— In subsections (a) and (b), the term Chief Financial Officer means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under subsection (a)(1).
Commission— The term Commission means the Virgin Islands Chief Financial Officer Search Commission established pursuant to subsection (b).
Governor— The term Governor means the Governor of the Virgin Islands.
Removal for cause— The term removal for cause means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge.
Sec. 8 Low-income home energy assistance program
In general— The Secretary of Health and Human Services is authorized to make grants under section 2602 of the Low Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) to the government of Virgin Islands in an amount equal to three times the FY 2013 allotment for programs under this title.
Eligibility— With respect to fiscal years 2013 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. 9 Castle Nugent National Historic Site Establishment
Definitions— In this section:
Historic site— The term historic site means the Castle Nugent National Historic Site established in subsection (b).
Secretary— The term Secretary means the Secretary of the Interior.
Castle nugent national historic site—
Establishment— There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features.
Boundaries— The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled “Castle Nugent National Historic Site Proposed Boundary Map”, numbered T22/100,447, and dated October 2009.
Map availability— The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
Acquisition of land—
In general— Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange.
U.S. virgin island lands— The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange.
Administration—
In general— The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including—
the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.); and
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
Shared resources— To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service on the Island of St. Croix or other Federal assets on the island of St. Croix to administer the historic site.
Continued use— In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site.
Management plan— Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site.
Sec. 10 St. Croix National Heritage area
Definitions— In this section:
Heritage area— The term Heritage Area means the St. Croix National Heritage Area established by subsection (b)(1).
Local coordinating entity— The term local coordinating entity means the local coordinating entity for the Heritage Area designated by subsection (b)(4).
Management plan— The term management plan means the management plan for the Heritage Area required under subsection (d).
Map— The term map means the map entitled “Proposed St. Croix National Heritage Area” and dated XXXXXXXX.
Secretary— The term Secretary means the Secretary of the Interior.
State— The term State means St. Croix, U.S. Virgin Islands.
St. croix national heritage area—
Establishment— There is established in the State the St. Croix National Heritage Area.
Conceptual boundaries— The Heritage Area shall consist of the entire island.
Map— A map of the Heritage Area shall be—
included in the management plan; and
on file and available for public inspection in the appropriate offices of the National Park Service.
Local coordinating entity—
In general— The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc.
Membership requirements— Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act.
Administration—
Authorities— For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to—
make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
obtain money or services from any source including any that are provided under any other Federal law or program;
contract for goods or services; and
undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan.
Duties— The local coordinating entity shall—
in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—
carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
establishing and maintaining interpretive exhibits and programs in the Heritage Area;
developing recreational and educational opportunities in the Heritage Area;
increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;
protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and
promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;
consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
for any year that Federal funds have been received under this section—
submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);
make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
encourage by appropriate means economic viability that is consistent with the Heritage Area.
Prohibition on the acquisition of real property— The local coordinating entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
Cost-sharing requirement— The Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
Management plan—
In general— Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
Requirements— The management plan shall—
incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;
take into consideration State and local plans;
include—
an inventory of—
the resources located in the core area described in subsection (b)(2); and
any other property in the core area that—
is related to the themes of the Heritage Area; and
should be preserved, restored, managed, or maintained because of the significance of the property;
describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development;
a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;
a program of implementation for the management plan by the local coordinating entity that includes a description of—
actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation;
the identification of sources of funding for carrying out the management plan;
analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and
a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and
recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.
Deadline— If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.
Approval or disapproval of management plan—
In general— Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
Criteria for approval— In determining whether to approve the management plan, the Secretary shall consider whether—
the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.
Action following disapproval— If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
advise the local coordinating entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
Amendments—
In general— The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
Use of funds— The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
Relationship to other federal agencies—
In general— Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and coordination— The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
Other federal agencies— Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections— Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report—
In general— Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation— An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the local coordinating entity with respect to—
accomplishing the purposes of this section for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report—
In general— Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis— If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress— On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
Termination of authority— The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
Sec. 11 Guam World War II Loyalty Recognition Act
Short title— This section may be cited as the “Guam World War II Loyalty Recognition Act”.
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 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.
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 (d) and (e).
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.
Payment of certain duties, taxes, and fees collected from Guam deposited into fund—
In general— Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of—
any amount of duties, taxes, and fees collected under such section after fiscal year 2012; over
the amount of duties, taxes, and fees collected under such section during fiscal year 2012,
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 (d) have been made.
Limitation on payments made from fund—
In general— No payment may be made in a fiscal year under subsection (d) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3).
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 (d) may not exceed the amount of funds available in the Claims Fund for such fiscal year.
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 percent 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.
Payments for Guam World War II claims—
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 (e)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of compensable Guam decedents as follows:
Compensable Guam victim— Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows:
In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000.
In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000.
In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000.
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 subparagraph only after all payments are made under subparagraph (A).
Distribution of Survivor Payments— A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows:
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.
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.
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.
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—
had a parent who is living as of such date, the payment shall be made to the parent; or
had two parents who are living as of such date, the payment shall be divided equally between the parents.
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:
Compensable Guam decedent— The term compensable Guam decedent means an individual determined under subsection (e) 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.
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 (e) 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:
Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
Forced labor or a personal injury not under clause (i) (such as disfigurement, scarring, or burns).
Forced march, internment, or hiding to evade internment.
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 clauses (i) and (ii), respectively, of subparagraph (B).
Adjudication—
Authority of Foreign Claims Settlement Commission—
In general— The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (d).
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.
Claims Submitted for Payments—
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 (d) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.
Filing period for claims and notice—
Filing period— An individual filing a claim for a payment under subsection (d) 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).
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)—
in the Federal Register; and
in newspaper, radio, and television media in Guam.
Adjudicatory decisions— The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall—
be by majority vote;
be in writing;
state the reasons for the approval or denial of the claim; and
if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment.
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.
Interest— No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (d).
Limited compensation for provision of representational services—
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.
Penalties— Whoever demands or receives any compensation in excess of the amount allowed under clause (i) shall be fined not more than $5,000 or imprisoned not more than one year, or both.
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.
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 (d).
Treatment of affidavits— For purposes of subsection (d) 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 (d)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought.
Release of related claims— Acceptance of a payment under subsection (d) 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. 12 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 “any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for such assistance.”.
Sec. 13 Formula for projects in American Samoa
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.
Contents— In conducting the study, the Comptroller General shall—
assess whether the benefit-to-cost ratio formulas described in subsection (a) 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; and
assess, in particular, the use of benefit-to-cost ratio formulas by—
the Secretary of Transportation with respect to airport traffic control tower programs; and
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 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.
Sec. 14 Waiver of local matching requirements
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—
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 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.”
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. 15 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 that—
“(1) offloads in American Samoa; and
“(2) was rebuilt outside of the United States before January 1, 2011.”
Sec. 16 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. 17 American Samoa Citizenship Plebiscite Act
Short title— This section may be cited as the “American Samoa Citizenship Plebiscite Act”.
Findings and purpose—
Findings— Congress finds the following:
Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth.
The term national of the United States is defined under the Immigration and Nationality Act to include persons who, though not citizens of the United States, owe permanent allegiance to the United States.
For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu’u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu’a of the Manu’a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu’u and the Treaty of Cession of Manu’a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa.
Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan.
It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States.
Purpose— The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship.
Citizenship vote— The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship.
“As United States Citizens:
“(A) Individuals born in American Samoa would be United States citizens by Federal law.
“(B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals.”
Sec. 18 Use of certain expenditures as in-kind contributions
In general— Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following:
Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2781).
Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2781).
The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act (Public Law 99–658; 100 Stat. 3672).
Determination of amounts To be considered in-Kind contributions— The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States divided by a reasonable estimate of the number of inhabitants from the Freely Associated States living in that affected jurisdiction.
Competitive grants— Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid in cash or in-kind services under this section.
Affected jurisdictions— The term affected jurisdiction shall have the meaning give that term in section 104(e) of Public Law 108–188. (117 Stat. 2739).