Summary: H.R.5561 — 98th Congress (1983-1984)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House agreed to Senate amendment with amendment (09/14/1984)

(House agreed to Senate amendment with amendments)

Title I - Authorizes appropriations through FY 1987 for technical assistance (including but not limited to management, marketing, and finance in developing private enterprises) in Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands.

Directs the Secretary of the Interior to report to specified congressional committees yearly through FY 1987 on the executive branch's efforts regarding and recommendations for developing private enterprises in Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands.

Title II - Amends the Revised Organic Act of the Virgin Islands to permit the government of the Virgin Islands to issue industrial development bonds. Authorizes the government of American Samoa to issue such bonds.

Exempts such bonds from all State and local taxation in effect on or after October 1, 1984, except for State or local gift, estate, inheritance, legacy, succession, or other wealth transfer taxes.

Amends the Organic Act of Guam to permit the Secretary of the Treasury, at the request of the Board of Directors of the Guam Power Authority for a second refinancing agreement, to guarantee for purchase by the Federal Financing Bank, on or before December 31, 1984, obligations of the Guam Power Authority that: (1) carry an annual simple interest rate of seven percent; (2) shall be paid in equal semiannual installments of principal and interest; (3) mature not later than December 31, 2004; and (4) contain no prepayment penalty. Authorizes appropriations.

Permits the Governors of the territories for 1984-1985 to allocate the amount ceiling on tax-exempt mortgage subsidy bonds among governmental units authorized to issue them.

Title III - Deems the U.S. nationals of American Samoa and the citizens of the Northern Mariana Islands to be U.S. citizens for the purposes of vessel documentation and manning laws.

Permits the licensing of foreign-built vessels under 200 gross tons in weight for fishing in the territorial sea and fishery conservation zone adjacent to the Pacific territories and the coastwise trade of fisheries products in and among the Pacific territories.

Permits a documented vessel to be sold, chartered, leased, mortgaged, or transferred by other means to any citizen of the United States without the approval of the Secretary of Transportation.

Title IV - Authorizes appropriations for FY 1986 for grants to the government of Guam to further the rehabilitation, upgrading, and construction of public facilities.

Authorizes appropriations for FY 1985 to be used by the Secretary of the Interior for planning improvements and construction for the Alexander Hamilton Airport in St. Croix, Virgin Islands.

Directs the Secretary to study the desirability and feasibility of initiating a program for the development of housing in American Samoa and to submit such recommendations as appropriate to specified congressional committees.

Authorizes appropriations in FY 1986 for grants to the government of the Northern Mariana Islands for improvements in the production and distribution of water.

Title V - Conveys to the Frederick Lutheran Church of Charlotte Amalie, St. Thomas, Virgin Islands, all of the right, title, and interest of the United States in and to a certain parcel of land (known as Ebenezer Home) and improvements thereof.

Transfers the title to Government House in St. Croix, Virgin Islands, to the government of the Virgin Islands.

Permits the Department of the Army to remove from American Samoa any of the 45 kilowatt power plants sent there pursuant to the 1974 loan agreement between the Departments of the Army and the Interior. Excuses all charges that may accrue or may have accrued under such agreement.

Amends the Military Construction Authorization Act, 1981, to provide that reasonable development costs shall be a fixed standard percentage of the monetary consideration received by the Government of Guam. Provides that the fixed standard percentage, not to exceed 30 percent, shall be determined by a study conducted by the Secretary of the Navy.

Title VI - Extends the waiver of required matching payments required for any Federal grant program to Guam and the Virgin Islands.

Provides that authorizations under the Urban Parks and Recreation Recovery Program shall continue until appropriations are made.

Defines American Samoa and the Northern Mariana Islands as cities under the Urban Development Action Grant Program.

Defines Guam, American Samoa, and the Northern Mariana Islands as States under the Agricultural Conservation Program.

Defines the Northern Mariana Islands as a State under the Energy Conservation Program for public buildings.

Defines the Trust Territory of the Pacific Islands and any territory or possession of the United States as States for the purposes of the National Energy Extension Service Act and the Energy Policy and Conservation Act.

Amends the Organic Act of Guam to require that the taxes of members of the Armed Forces and military employees of the United States who are residents of Guam be returned to the Government of Guam.

Amends the Immigration and Nationality Act to permit the Departments of Justice, State, and the Interior, under certain circumstances, to waive visa requirements for persons visiting Guam for not more than 15 days for tourist or business purposes.

Title VII: Virgin Islands - Amends the Revised Organic Act of the Virgin Islands to permit prosecution in the district court of all offenses against Federal and local laws to be had by indictment by grand jury or by information. Authorizes the establishment of a local appellate court.

Authorizes the legislature of the Virgin Islands to vest in the local courts jurisdiction over all cases in the Virgin Islands over which no Federal court has exclusive jurisdiction, subject to the concurrent jurisdiction of the District Court of the Virgin Islands.

Grants to the district court the jurisdiction of a Federal bankruptcy court. Grants to the district court exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, except certain laws enacted by the Virgin Islands legislature.

Grants to the district court general original jurisdiction over all causes of action in the Virgin Islands the jurisdiction over which is not vested by local law in the local courts. Grants jurisdiction over certain minor civil and criminal cases to the local courts. Grants concurrent jurisdiction to the district court and the local courts over criminal offenses against the laws of the Virgin Islands that are similar to statutes over which the district court has jurisdiction.

Declares that relations between the Federal courts and the local courts shall be the same as relations between the Federal courts and State courts. Provides that, for 15 years following the establishment of a local appellate court, the U.S. Court of Appeals for the Third Circuit (rather than the U.S. Supreme Court) shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands on Federal questions.

Authorizes the appellate division of the district court to review, until the local appellate court is established, the judgments and orders of the local courts. Prohibits the Virgin Islands legislature from precluding the review of a judgment involving a Federal question. Sets forth the membership of the appellate division of the district court. Grants the U.S. Court of Appeals for the Third Circuit jurisdiction over appeals from all final decisions of the district court on appeal from courts established by local law.

Changes the term of office for judges of the district court from eight years to ten years.

Makes the Federal rules of civil and criminal procedure applicable, where appropriate, to the district court and to appeals from the district court.

Sets forth the judicial divisions of the Virgin Islands.

Repeals certain provisions of the Organic Act of the Virgin Islands and specified sections of other Acts that have been replaced by later law.

Title VIII: Guam - Amends the Organic Act of Guam to grant the District Court of Guam the jurisdiction of a Federal bankruptcy court. Requires the district court to determine the requirements of indictment by grand jury or trial by jury for local causes of action.

Authorizes the Guam legislature to establish an appellate court on or after January 1, 1983. Authorizes the legislature to vest in the local courts jurisdiction over all causes in Guam over which no Federal case has exclusive jurisdiction, subject to the exclusive or concurrent jurisdiction of the district court.

Declares that relations between the Federal courts and the local courts of Guam shall be the same as relations between the Federal courts and State courts. Provides that, for 15 years following the establishment of a local appellate court, the U.S. Court of Appeals for the Ninth Circuit (rather than the U.S. Supreme Court) shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam on Federal questions.

Authorizes the appellate division of the district court to review, until the local appellate court is established, the judgments and orders of the local courts. Prohibits local law from precluding review of a judgment involving a Federal question. Sets forth the membership of the appellate division of the district court. Grants the U.S. Court of Appeals for the Ninth Circuit jurisdiction over appeals from all final decisions of the appellate division of the district court.

Makes the Federal rules of civil and criminal procedure applicable, where appropriate, to the district court and to appeals from the district court.

Changes the term of office for judges of the District Court of Guam from eight years to ten years. Repeals a provision of the law relating to grand jury indictments on Guam that has been replaced by later law.

Title IX: Marina Islands - Changes the term of office for judges of the District Court of the Northern Mariana Islands from eight years to ten years.

Grants the District Court for the Northern Mariana Islands the jurisdiction of a Federal bankruptcy court.

Grants the district court authority to review, until the establishment of an appellate court for the Northern Mariana Islands, the judgments and orders of the local courts. Prohibits the laws of the Northern Mariana Islands from precluding the review of a judgment involving a Federal question.

Grants the U.S. Court of Appeals for the Ninth Circuit jurisdiction over appeals from all final decisions of the appellate division of the district court.

Title X: General Provisions - Repeals certain provisions of the Bankruptcy Act of 1978 which have been incorporated in this Act.

Provides for recall to duty of certain territorial judges whose terms have expired.

Sets forth the circumstances in which a territory may appeal to a Federal court in a criminal case.

Makes the provisions of this Act extending the terms of district court judges applicable to the judges of those courts holding office on the effective date of this Act.

Makes Titles VII, VIII, IX, and X of this Act effective as of the 90th day following enactment.