[Congressional Record Volume 170, Number 112 (Monday, July 8, 2024)]
[House]
[Pages H4467-H4468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMOVAL OF RESTRICTION ON AMENDMENTS TO OR MODIFICATIONS OF THE
CONSTITUTION OF AMERICAN SAMOA
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6062) to restore the ability of the people of American Samoa
to approve amendments to the territorial constitution based on majority
rule in a democratic act of self-determination, as authorized pursuant
to an Act of Congress delegating administration of Federal territorial
law in the territory
[[Page H4468]]
to the President, and to the Secretary of the Interior under Executive
Order 10264, dated June 29, 1951, under which the Constitution of
American Samoa was approved and may be amended without requirement for
further congressional action, subject to the authority of Congress
under the Territorial Clause in article IV, section 3, clause 2 of the
United States Constitution.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6062
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REMOVAL OF RESTRICTION ON AMENDMENTS TO OR
MODIFICATIONS OF THE CONSTITUTION OF AMERICAN
SAMOA.
Section 12 of Public Law 98-213 (48 U.S.C. 1662a) is
repealed.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Nevada (Ms. Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 6062, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 6062, sponsored by Delegate Radewagen, aims to
improve the amendment process for the Constitution of American Samoa. I
appreciate Delegate Radewagen's work on this bill and her tireless
efforts to represent the needs and views of American Samoa.
H.R. 6062 would repeal section 12 of Public Law 98-213, which
requires any amendments or modifications to the Constitution of
American Samoa, as approved by the Secretary of the Interior, to be
made only by an Act of Congress. This law was enacted in 1983 when
there was concern among American Samoans about the Department of the
Interior making unilateral amendments to the Constitution of American
Samoa. The change in Federal law ensured Congress would step in if the
DOI attempted to make such amendments.
These concerns proved to be unfounded, and since 1984, American Samoa
has made attempts to return to the previous policy of Department of the
Interior Secretarial approval. Many now believe the current
congressional approval requirement has stalled American Samoa's
constitutional amendment process.
H.R. 6062 would revert American Samoa's constitutional amendment
process to the pre-1983 status quo by requiring approval from the
Secretary of the Interior for amendments to the Constitution of
American Samoa.
I would like to note that Congress will retain authority over
American Samoa as provided by the Territorial Clause of the United
States Constitution.
Mr. Speaker, I urge my colleagues to join me in supporting this
legislation, and I reserve the balance of my time.
Ms. LEE of Nevada. Mr. Speaker, I rise in support of H.R. 6062, which
is sponsored by our colleague from American Samoa (Mrs. Radewagen).
This bill would eliminate the requirement for Congress to approve
changes to the American Samoan Constitution in addition to the
Secretary of the Interior.
When American Samoa drafted and ratified its constitution in the
1960s, only the Secretary of the Interior was empowered to ratify
amendments to it. However, in 1983, legislation was enacted to add
Congress, in addition to the Secretary of the Interior, to the approval
process for making changes to the American Samoan Constitution.
American Samoan leaders at the time objected to this additional step
and urged returning to the prior process of needing only the Secretary
to approve changes to their constitution.
In particular, American Samoan leaders feared that congressional
involvement could threaten their current political status, which
incorporates their traditional ``matai,'' ``chief'' and communal land
ownership system.
This legislation removes the duplicative, unnecessary step of
requiring congressional approval for American Samoa to amend its own
constitution. It is a commonsense bill that promotes democracy and
self-determination.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
American Samoa (Mrs. Radewagen), who is the sponsor of the bill.
Mrs. RADEWAGEN. Mr. Speaker, I rise today in support of my bill, H.R.
6062, which repeals the outdated statute requiring amendments to
American Samoa's Constitution be ratified by Congress.
I want to thank Chairman Westerman and Subcommittee Chair Hageman for
their efforts to move this bill through committee, and I thank Ranking
Members Grijalva and Leger Fernandez for making this a bipartisan
effort. I would also like to extend my sincere gratitude to my fellow
territorial Delegates, Delegate Moylan and Delegate Sablan, for their
cosponsorship and support.
The original piece of legislation that H.R. 6062 repeals was moved
through without regular order, and over the past several decades,
multiple attempts were made to walk back the bill and allow the
necessary hearings and oversight to occur. Today that misstep has been
corrected.
H.R. 6062 provides equal treatment among the U.S. territories, as no
other territory has a similar restriction on editing their local laws.
It is a critical and key piece of legislation for American Samoa,
allowing us to enact constitutional changes as approved by our people
without the burden of unnecessary bureaucracy in Washington.
This bill is designed to restore the essential structure of our
government to what it was intended to be, providing a much-needed
adjustment to the previous 1983 law. The 1983 law, as it stands, is
inconsistent with the principles of local self-government over local
affairs, an area where Congress has rightly delegated local authority
to us. The current law imposes restrictions that are outdated and
counterproductive, hindering our ability to govern ourselves
effectively.
This bill is about more than just procedural changes. It is about
reaffirming our commitment to self-governance and democratic values. By
removing unnecessary obstacles, we are reinforcing the principle that
the people of American Samoa have the right and the ability to govern
themselves.
Mr. WESTERMAN. Mr. Speaker, I have no further requests for time, I am
prepared to close, and I reserve the balance of my time.
Ms. LEE of Nevada. Mr. Speaker, I, too, have no further requests for
time, and I am prepared to close.
Mr. Speaker, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, once again, H.R. 6062 would reinstate the
process to approve amendments to the Constitution of American Samoa via
approval by the Secretary of the Interior and address concerns of
American Samoans.
Again, Mr. Speaker, I would like to thank Delegate Radewagen for her
work on this legislation. I urge adoption of the bill, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 6062.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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