[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     repealed.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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