[Congressional Record Volume 148, Number 15 (Friday, February 15, 2002)]
[Extensions of Remarks]
[Page E183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 BIPARTISAN CAMPAIGN REFORM ACT OF 2001

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                               speech of

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                      Wednesday, February 13, 2002

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2356) to 
     amend the Federal Election Campaign Act of 1971 to provide 
     bipartisan campaign reform:

  Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in support of the Shays-
Meehan substitute and want to explain one provision in the bill which 
will clarify campaign finance law with 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. A 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 most of the same 
privileges and immunities as U.S. citizens. However, federal campaign 
law was enacted before American Samoa had representation in the U.S. 
Congress and current law fails to address the issue of contributions 
from U.S. nationals.
  Mr. Chairman, federal campaign law currently specifies that U.S. 
citizens and permanent resident foreign nationals may make 
contributions to candidates for federal office. Although there is an 
advisory opinion from the Federal Election Commission which interprets 
current law to allow U.S. nationals to contribute to federal elections, 
a federal court could at any time interpret the law to exclude U.S. 
nationals. Our failure to amend current law could also be interpreted 
to mean that Congress originally intended to prohibit U.S. nationals 
from contributing to federal elections.
  Mr. Chairman, I do not believe it was or is the intent of Congress, 
or the law, to exclude U.S. nationals from contributing to federal 
campaigns. Congress simply enacted a law before American Samoa had 
representation in the U.S. Congress. Now it is time to amend the law to 
specifically address the issue of U.S. nationals. Therefore, I urge my 
colleagues to support this technical change in any bill which moves 
forward.

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