[Congressional Record Volume 147, Number 48 (Wednesday, April 4, 2001)]
[Extensions of Remarks]
[Page E538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CONTRIBUTIONS TO FEDERAL CANDIDATES BY U.S. NATIONALS

                                 ______
                                 

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                        Wednesday, April 4, 2001

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce legislation 
which will clarify campaign finance respect to contributions to federal 
candidates by U.S. nationals.
  American Samoa is the only jurisdiction under U.S. authority in which 
a person can be born with the status of U.S. national, and over half of 
the residents of American Samoa are U.S. nationals but not citizens. A 
U.S. national is a person who owes his or her allegiance to the United 
States, but is not a citizen. U.S. nationals travel with U.S. passports 
and are eligible for permanent residence in the United States. They are 
not foreign citizens or foreign nationals. In fact, they have the same 
privileges and immunities as U.S. citizens, except that in the United 
States, they cannot hold public office, vote, serve as commissioned 
officers in the military services, hold certain security clearances, or 
hold positions which require high-level security clearances.
  Mr. Speaker, federal campaign law currently specifies that U.S. 
citizens and permanent resident foreign nationals may make 
contributions to candidates for federal office. This section of law was 
enacted into law before American Samoa had a delegate in the House of 
Representatives. My concern is that if Congress changes this section of 
campaign finance law while we know of the U.S. national problem, our 
action could be interpreted to mean that Congress intended to prohibit 
non-citizen U.S. nationals from contributing to federal elections.
  This would cause a major problem in American Samoa, because a 
majority of the residents of my Congressional district would be 
prohibited from contributing to candidates running for federal office, 
particularly the office of Delegate to the U.S. House of 
Representatives. Moreover, the U.S. nationals residing in the states 
and other territories of the United States, estimated to be 
approximately 100,000 to 130,000, would also be prohibited from 
contributing. Few U.S. nationals are aware of the U.S. citizen/U.S. 
national distinction made in federal campaign laws, and many contribute 
to candidates for the U.S. House, U.S. Senate, and to candidates for 
U.S. President. One interpretation of the law could find these 
candidates in violation of campaign finance laws for having received 
contributions from persons not authorized under the law.
  This substance of this bill passed the House in the 106th Congress as 
part of broader legislation on the subject of campaign finance reform, 
but the provision was not enacted into law. As we continue the debate 
the financing of federal elections, I hope that we will be able to 
clarify this point of law also.

                          ____________________