[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[Extensions of Remarks]
[Page E821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       A BILL TO AMEND THE FEDERAL ELECTION CAMPAIGN ACT OF 1971

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                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                         Tuesday, May 12, 1998

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce legislation 
to make a technical correction to the Federal Election Campaign Act of 
1971. The bill clarifies the right of non-citizen nationals of the 
United States to make contributions in connection with federal 
elections.
  Mr. Speaker, I represent the territory of American Samoa, the only 
U.S. soil in the Southern hemisphere. Persons born in American Samoa of 
non-citizen U.S. parents are given the status of U.S. national. These 
individuals are nationals of the United States, but not U.S. citizens. 
They owe their allegiance to the United States, serve in the U.S. 
military, carry U.S. passports, and have the same access to the United 
States as do U.S. citizens. They are not foreign nationals or aliens. 
Approximately 90% of the residents of American Samoa are non-citizen 
U.S. nationals. This status can be acquired only by birth in American 
Samoa or by birth in a foreign country from parents, one or both of 
whom are U.S. nationals.
  Federal law currently specifies that U.S. citizens and permanent 
resident aliens may make contributions to candidates for federal 
office. If federal law were interpreted to prohibit non-citizen U.S. 
nationals from contributing to federal elections, the vast majority of 
the residents of my Congressional district would be prohibited from 
contributing to candidates running for the office of delegate to the 
U.S. House of Representatives from American Samoa. Additionally, the 
non-citizen U.S. nationals residing in the states of the United States, 
estimated to be between 35,000 and 100,000, would also be prohibited 
from contributing. I do not believe this was the intent of Congress 
when it passed the Federal Election Campaign Act. At that time, there 
were many fewer U.S. nationals in the United States, and the position 
of delegate to the U.S. House of Representatives from American Samoa 
did not exist.
  Several years ago, out of concern that then current law could be 
interpreted to prohibit non-citizen nationals from making political 
contributions, I requested and received an opinion from the Federal 
Elections Commission indicating that political contributions could be 
accepted from non-citizen nationals. This administrative clarification 
of an ambiguous law has been the basis upon which I have relied in 
accepting funds in my Congressional district.
  Federal court opinions in recent years have led to increased 
flexibility in the use of some campaign funds, and publicized 
violations of federal election law in the 1996 presidential campaign 
have prompted efforts in Congress to change the current system.
  H.R. 34, a bill to prohibit individuals who are not citizens of the 
United States from making contributions or expenditures to candidates 
for federal office passed the House by a vote of 369-43, with one 
member voting present, on March 30, 1998. If H.R. 34 were to become 
law, the delegate from American Samoa would be prohibited from 
receiving political contributions from the vast majority of the 
residents of his or her Congressional district. This is a consequence 
which I consider unfavorable and which would move the campaign finance 
system further from the voters in American Samoa. Additionally, I 
believe that if H.R. 34 were to become law, it would favor the 
incumbent delegate from American Samoa and work to the detriment of any 
challengers.
  As it now appears that campaign finance legislation will be 
considered by the House this spring, I wish to bring the issue of non-
citizen U.S. nationals to the attention of my colleagues and offer a 
legislative remedy.
  The number of U.S. nationals in the United States and its territories 
is comparatively small, but this is no reason to ignore this technical 
problem which could have a significant impact on future elections for 
the delegate from American Samoa, and which could also, should H.R. 34 
or similar language be enacted into law, ensnare candidates for other 
federal office who unknowingly accept contributions from U.S. 
nationals.
  I urge my colleagues to support this technical change to the Federal 
Election Campaign Act.

                                H.R. --

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED 
                   STATES TO MAKE POLITICAL CONTRIBUTIONS.

       Section 319(b)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 441e(b)(2)) is amended by inserting after 
     ``United States'' the following: ``or a national of the 
     United States (as defined in section 101(a)(22) of the 
     Immigration and Nationality Act)''.

     

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