[Congressional Record (Bound Edition), Volume 160 (2014), Part 12]
[Extensions of Remarks]
[Pages 16446-16447]
[From the U.S. Government Publishing Office, www.gpo.gov]




 HISTORICAL RECORD OF SENATE AND HOUSE HEARINGS ON FALEOMAVAEGA'S BILL 
   TO PROTECT VOTING RIGHTS OF AMERICAN SAMOA'S ACTIVE DUTY SERVICE 
                      MEMBERS AND OVERSEAS VOTERS

                                 ______
                                 

                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                       Tuesday, December 2, 2014

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to include, for 
historical purposes, information on Senate and House hearings on a bill 
to protect the voting rights of American Samoa's active duty service 
members and overseas voters.

                     [Press Release, July 14, 2004]

 Senate Holds Hearing on Faleomavaega Bill To Protect Voting Rights of 
            Active Duty Service Members and Overseas Voters

       Congressman Faleomavaega announced today that the Senate 
     Energy and Natural Resources Subcommittee on Public Lands and 
     Forests held a hearing on H.R. 2010, a bill he introduced to 
     protect the voting rights of active duty service members and 
     overseas voters whose home of residence is American Samoa.
       At this time, I want to thank Chairman Larry Craig and 
     Ranking Member Ron Wyden for holding this hearing and for 
     entering the full text of my statement into the record, 
     Congressman Faleomavaega said. I also want to thank Senator 
     Daniel Akaka who is a senior member of both the Energy 
     Committee and the Subcommittee on Public Lands. Senator Akaka 
     was instrumental in getting this hearing held and I thank him 
     for his support and kind words.
       At today's hearing, Senator Akaka said, ``H.R. 2010 was 
     introduced by my good friend, Eni Faleomavaega, a senior 
     member of the House who couldn't testify himself because of 
     the centennial celebration for the islands of Manua. On this 
     occasion, I d like to send the people of American Samoa our 
     best wishes as they celebrate the 100th anniversary since the 
     stars and stripes were first raised by their traditional 
     chiefs.''
       Senator Akaka continued by saying, ``I do not have a 
     question, Mr. Chairman, but a comment as someone who is very 
     familiar with the challenges of transportation and 
     communications out in the Pacific. This bill would resolve a 
     long-standing problem in electing the Delegate from American 
     Samoa: How to conduct a run-off election in just 14 days in a 
     territory with a very large number of absentee voters and 
     only two regular flights from the U.S. each week? This bill 
     would provide for election of the Delegate by a plurality 
     vote. Or, if the local government wants, by a majority vote 
     following a primary election. It would resolve a long-
     standing problem.''
       Chairman Craig thanked Senator Akaka for his opening 
     comments and I also thank Senator Akaka for being at today's 
     hearing. Although I was invited to testify before the Senate 
     Subcommittee, I thought it was equally important to attend 
     Flag Day celebrations being held in American Samoa to 
     recognize Manua's 100 year relationship with the United 
     States, Congressman Faleomavaega said. This celebration is an 
     historic event and I am pleased to be with the people on this 
     important occasion and, again, I am pleased that Chairman 
     Craig recognized the importance of Flag Day and included my 
     written testimony in the Committee records.
       I am also pleased to welcome the MV Sili to Manua. It is 
     most fitting for our new vessel to arrive from Louisiana just 
     in time to commemorate Manuas history and to honor our 
     traditional leaders and chiefs, past and present. The arrival 
     of this vessel has been more than a year in the making and I 
     am grateful to our friends in the House and Senate who 
     supported our efforts to set aside funding for this vessel.
       When Republicans in the Senate wanted to cut funding for 
     the Territories from the Tax Act of 2003, Democratic Senator 
     Benjamin Nelson from Nebraska fought hard to help us keep our 
     funding in place. Later, Republican Chairman Bill Thomas of 
     the House Ways and Means Committee sent me a letter saying 
     that he was pleased he could assist me in this effort.
       Because we were successful in including the Territories, 
     American Samoa received more than $10 million from the Tax 
     Act of 2003 and I am grateful that Senator John Breaux of 
     Louisiana and Ranking Member Charles Rangel of the House 
     Committee on Ways and Means stood with me in establishing 
     Congressional intent on how these funds should be spent, 
     Congressman Faleomavaega said.
       I am also pleased that Governor Togiola stood with me and 
     agreed that $5 million should be set aside for the purchase 
     of a new vessel for Manua. I am also thankful that Senator 
     Breaux put us in touch with one of the best shipyards in the 
     world located in Louisiana and then personally made sure that 
     American Samoa was receiving one of the best vessels 
     Louisiana had to offer at a cost of $4 million. I consider 
     Senator Breaux a good friend and I can say with certainty 
     that he is also a friend of American Samoa.
       This year, we have much to be thankful for including this 
     historic legislation which is moving through Congress to 
     protect the voting rights of our active duty service members 
     and our college students and other overseas voters. H.R. 2010 
     is a bipartisan bill which is supported by Republican 
     Chairman Richard Pombo and Ranking Democratic Member Nick 
     Rahall of the House Committee on Resources, Faleomavaega 
     said.
       On May 5, 2004, the House Committee on Resources passed 
     this bill by unanimous consent. On June 14, 2004, a 
     Republican controlled House passed H.R. 2010 without 
     objection. I am pleased that the Senate is now considering 
     H.R. 2010 and I would like to note for the record that on 
     October 29, 2003 the House Committee on Resources also held a 
     hearing on this bill. On behalf of the U.S. Department of the 
     Interior, Mr. David Cohen, the Assistant Secretary for 
     Insular Affairs, was invited to testify but declined citing 
     that this was a local issue.
       Locally, H.R. 2010 is supported by the Governor of American 
     Samoa, the President of the Senate, the Speaker of the House, 
     and 85% of those surveyed in American Samoa agree that 
     overseas voters and active duty service members should have 
     the right to vote in federal elections held in the Territory, 
     Faleomavaega said.
       Given that Assistant Secretary Cohen accepted todays 
     invitation to testify before the Senate Subcommittee on 
     Public Lands and Forests, I am pleased that his testimony was 
     supportive. Two weeks ago, when the Senate first informed me 
     that H.R. 2010 would be considered today, I called Mr. Cohen 
     to discuss the bill and determine where the Department of 
     Interior stood on the issue. Assistant Secretary Cohen and I 
     came to an understanding prior to the hearing and I thank him 
     for his support.
       While the Assistant Secretary focused his comments on the 
     will of the people, when asked by Chairman Craig how he 
     believed the will of the people should be determined, Mr. 
     Cohen said he believed the Committee should rely on the 
     statements which I included in the Record. As I have said on 
     many occasions, this matter has been before the people and 
     the local leaders of American Samoa for the past six years.
       Since 1998, I have written to our Governors, past and 
     present. I have written and testified before our local 
     Legislature and I have also included copies of my testimony, 
     my letters, and local responses in the House and Senate 
     Committee records. These enclosures now on file with the 
     Committees are more than 70 pages in length. Included in the 
     record is Governor Togiola's support of H.R. 2010.
       Once more, I want to commend Governor Togiola for 
     supporting this bill as we have always agreed that our 
     military men and women should have the right to vote 
     especially when they contribute almost a million dollars per 
     year in taxes to our local government. I also thank the 
     President of the American Samoa Senate, the Honorable Lutu 
     Tenari S. Fuimaono, and Speaker Matagi Ray McMoore for their 
     support, Faleomavaega said.
       H.R. 2010 is an historic bill. It is a bill that 
     immediately restores the voting rights of our overseas voters 
     and active duty military members. It is also a bill that 
     makes clear in

[[Page 16447]]

     no uncertain terms that the American Samoa Legislature is 
     vested with the authority it needs to establish primary 
     elections for the office of the Delegate, if it so chooses.
       H.R. 2010 also protects American Samoa's future in the U.S. 
     Congress. Without H.R. 2010, future Delegates could miss out 
     on key committee assignments as a result of delayed outcomes 
     and run-off elections. Like Governor Togiola, I do not 
     believe American Samoa's future should be weakened or 
     disadvantaged and this is one more reason I appreciate his 
     support of H.R. 2010.
       Given the importance and urgency of this bill, I thank the 
     members of the House Resources Committee, both Democrats and 
     Republicans, who unanimously voted in favor of this bill. 
     H.R. 2010 is the right thing to do and, as a Vietnam veteran, 
     I will not rest until we fully guarantee that our active duty 
     service members have the right to vote in federal elections 
     held in American Samoa.
       To alleviate any concerns that I will personally benefit 
     from this legislation, I offered an amendment in the nature 
     of a substitute for purposes of changing the effective date 
     of this bill from January 2004 to January 2006. This 
     amendment was unanimously supported at mark-up by the House 
     Resources Committee and, as such, any change in law will not 
     go into effect until the 2006 election cycle, Faleomavaega 
     said.
       As I have repeatedly stated, H.R. 2010 in no way affects 
     how the American Samoa Government chooses to elect its local 
     leaders and, having made every change requested of me by our 
     local leaders and after years of good-faith efforts on my 
     part, I believe the time has come to do right by our overseas 
     voters and men and women in the military. Our sons and 
     daughters have fought and died to preserve our freedoms and I 
     will do everything I can to protect their right to vote.
       Again, I thank the Chairman and Ranking Member of the 
     Senate Subcommittee on Public Lands and Forests for holding 
     this historic hearing on H.R. 2010 and I am hopeful that they 
     will support its successful passage. In a dramatic moment 
     before the hearing came to a close, Senator Akaka said, ``As 
     a person from the Pacific, I want to make a final comment 
     about H.R. 2010.''
       Chairman Craig granted the Senators request and Senator 
     Akaka said, ``As you know, Mr. Cohen, H.R. 2010 will resolve 
     a long standing problem made worse by the current conflict in 
     the Middle East where many American Samoans are now serving. 
     Those Americans are fighting for democracy and I speak out in 
     support of this bill. Mr. Chairman, I believe we should act 
     quickly to pass this bill so that those men and women will 
     have the opportunity to vote to help select their 
     representative to the U.S. House of Representatives.''
       Like Senator Akaka, I also believe the Senate should act on 
     this bill and I thank my dear friend Senator Akaka for 
     standing with the people of American Samoa on this important 
     issue. I also thank our men and women from American Samoa who 
     are serving on active duty at a time when our nation is at 
     war. I wish them the very best and I pray for their safe 
     return, the Congressman concluded.
                                  ____


                     [Press Release, Oct. 31, 2003]

Resources Committee Holds Hearing on Election Bill, Lieutenant Governor 
                               Testifies

       Congressman Faleomavaega announced today that on Wednesday 
     October 29, 2003 the House Committee on Resources held a 
     hearing on H.R. 2010, a bill he introduced to protect the 
     voting rights of military men and women whose home of record 
     is American Samoa.
       Governor Togiola asked the Lieutenant Governor to testify 
     in support of the bill and I am pleased by the outcome, 
     Congressman Faleomavaega. At this time, we are in full 
     agreement that H.R. 2010 is the right thing to do. Like 85% 
     of those surveyed in American Samoa, we believe that our 
     active duty service members should be afforded the same 
     rights and privileges as every other man and woman serving in 
     the U.S. Armed Forces. Our service members and college 
     students deserve the right to vote and we believe it is our 
     duty to protect their rights.
       I am also pleased that Senator Fuimaono, President of the 
     Senate, has also agreed to support our efforts. On October 
     27, 2003, he sent me a letter stating his full support for 
     H.R. 2010 and wishing Chairman Pombo the best of luck in 
     moving the bill forward.
       In a statement submitted to the Committee, Governor Togiola 
     stated that although I had previously expressed misgivings 
     about the bill, after further review, I have come to support 
     the measure for the following reasons: 1) The bill in its 
     current form provides that when American Samoa devises a 
     system for primary elections for election of our Congressman, 
     the U.S. Congress will amend the section to restore the 
     election of the Congressman by majority vote. 2) Currently 
     there is no other way to maximize the participation of 
     American Samoan residents serving in the U.S. Armed Forces 
     and those attending college, as well as their families, to 
     fully participate in the election of our Congressional 
     Delegate.
       As I have said before, H.R. 2010 is a good compromise and 
     includes the suggestions of our local leaders. H.R. 2010 
     provides for both plurality and majority voting. It also 
     clearly authorizes the Fono to establish primary elections, 
     if it so chooses, Congressman Faleomavaega said.
       I am pleased that the Governor, the Lieutenant Governor, 
     and the President of the Senate are now fully supportive of 
     this bill. I thank them for their support and I also thank 
     Chairman Pombo and Ranking Member Nick Rahall of the House 
     Resources Committee for holding a hearing on this bill.
       Finally, I want to thank our college students and our men 
     and women serving in the U.S. Armed Forces. We are living in 
     difficult times and we must work together to make a 
     difference for generations to come, the Congressman 
     concluded.

                          ____________________