[House Report 106-582]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-582

======================================================================



 
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES WITH REGARD TO THE 
 CENTENNIAL OF THE RAISING OF THE UNITED STATES FLAG IN AMERICAN SAMOA

                                _______
                                

   April 13, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 443]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the 
resolution (H. Res. 443) expressing the sense of the House of 
Representatives with regard to the centennial of the raising of 
the United States flag in American Samoa, having considered the 
same, report favorably thereon with an amendment and recommend 
that the resolution be agreed to.
  The amendment is as follows:
  Strike out the preamble and insert in lieu thereof the 
following:

Whereas the people of American Samoa have inhabited Tutuila and the Manu'a 
Islands for at least 3,000 years and developed a unique and autonomous 
seafaring and agrarian culture, governing themselves through their own form 
of government;

Whereas in 1722, Dutch explorer Jacob Roggeveen became the first European 
to sight--but not land on--the shores of the Samoan Islands, islands which 
remained isolated for another 46 years because Roggeveen miscalculated 
their location;

Whereas in 1768, French explorer Louis Antoine de Bougainville, the second 
European to sight the Samoan islands, became so impressed with the sailing 
skills of the natives he named the islands ``L'Archipel des Navigateurs,'' 
and for generations thereafter the entire Samoan island group was known to 
the Western World as the ``Navigator Islands'';

Whereas in 1787, Frenchman Jean Francois La Perouse landed on the shores of 
these islands and thus began the ``opening'' of Samoa to the West, with 
American whalers as the principal group to engage the people of Samoa in 
trade and commerce, followed from 1830 on by English missionaries;

Whereas in 1839, as part of a congressionally authorized trip to the 
Pacific, United States Navy commander Charles Wilkes visited the island of 
Tutuila and later reported favorably in support of establishing a 
structured relationship between the island and the United States;

Whereas on March 2, 1872, Richard Meade, commander of the U.S.S. 
Narragansett, visited Pago Pago, and, on his own responsibility, made an 
agreement with High Chief Mauga entitled ``Commercial Regulations, etc.,'' 
which was submitted to, but never ratified by, the Senate;

Whereas on February 13, 1878, a ``treaty of friendship and commerce with 
the people of Samoa'' was proclaimed ratified;

Whereas on June 14, 1889, a treaty known as the General Act of 1889, 
between the United States, Germany, and Great Britain, and assented to by 
the Samoan Government, ``to provide for the security of the life, property 
and trade of the citizens and subjects of their respective Governments 
residing in, or having commercial relations with the Islands of Samoa,'' 
was concluded and later ratified;

Whereas on December 2, 1899, a tripartite treaty between the United States, 
Germany, and Great Britain, which provided for the division of the several 
islands of Samoa, was signed by the three parties in Washington, D.C.;

Whereas on April 17, 1900, by treaty of cession, the traditional chiefs of 
the South Pacific Islands of Tutuila and Aunu'u agreed to become a part of 
the United States in return for protection of their land and culture, and 
the United States flag was raised on what is now known as the United States 
Territory of American Samoa;

Whereas on July 14, 1904, by treaty of cession, His Majesty the King of 
Manu'a and his traditional chiefs from the Islands of Ta'u, Ofu, and 
Olosega, agreed to become part of the United States in return for the 
protection of their land and culture;

Whereas since that time, the residents of American Samoa have been proud of 
their affiliation with this great Nation and have demonstrated their 
loyalty and patriotism in countless ways;

Whereas April 17 is known as Flag Day in American Samoa and is the biggest 
holiday in the territory, and is celebrated not only in American Samoa, but 
throughout the United States wherever there is a sizable Samoan community;

Whereas American Samoans in Hawaii, California, Nevada, Utah, Alaska, 
Washington, and other parts of the United States pause each year on this 
important date to celebrate this monumental occasion in American Samoa's 
history;

Whereas the per capita rate of enlistment in the Armed Forces among 
American Samoans is among the highest in the United States, with hundreds 
of American Samoans enlisting annually;

Whereas for decades American Samoa served as a Naval coaling station for 
United States ships in the Pacific, providing the Nation with what is 
commonly referred to as the best deep-water harbor in the entire Pacific--a 
harbor where American ships are protected from severe and sudden tropical 
storms by natural, high, sloping mountains--a harbor which, in the Nation's 
youth, served as a critical and crucial refueling and replenishing port for 
military and commercial interests, enabling the United States to pursue its 
foreign and commercial policies, logistically unrestrained, throughout the 
Asian Pacific region;

Whereas during World War II, American Samoa was the staging point for 
30,000 United States Marines involved in the Pacific theater, with American 
Samoans serving both as hosts and as fellow soldiers to these Marines via 
the revered Fita Fita Guard;

Whereas American Samoa was the first land astronauts from numerous Apollo 
missions came to upon returning to Earth--including astronauts from Apollo 
10, Apollo 12, Apollo 13, Apollo 14, and Apollo 17;

Whereas American Samoa produces more National Football League players per 
capita than any other State or territory of the United States, with 
approximately 15 Samoans currently playing professionally;

Whereas April 17, 2000, will mark the 100th anniversary of American Samoa 
joining in political, military, and economic union with the United States;

Whereas local government leaders in American Samoa have been preparing for 
this centennial celebration for the last three years; and

Whereas although 100 years have elapsed since the formation of this 
mutually beneficial relationship, American Samoans today--as did their 
forebears in 1900--remain deeply thankful and appreciative of the benefits 
they have received and continue to receive as a result of the unique 
relationship American Samoa shares with this great Republic, and they are 
proud that in return for the benefits received under this relationship, 
they actively contribute economically, militarily, and culturally to the 
health and well-being of this great Nation: Now, therefore, be it

                          PURPOSE OF THE BILL

    The purpose of H. Res. 443, is to express the sense of the 
House of Representatives with regard to the centennial of the 
raising of the United States flag in American Samoa.

                  BACKGROUND AND NEED FOR LEGISLATION

    United States Government contact with the islands 
comprising what is today the unorganized and unincorporated 
territory of American Samoa began in 1839, as a result of a 
Congressionally authorized Naval expedition to the South 
Pacific. It was this United States Exploring Expedition, led by 
Commander Charles Wilkes, United States Navy, that produced the 
first formal contact and written document facilitating the 
United States presence in Samoa.
    The results of the Congressional expedition served as the 
basis for a series of subsequent agreements and treaties that 
culminated with President William McKinley's Executive Order of 
February 19, 1900, placing the eastern islands of the Samoa 
group under control of the Department of the Navy and requiring 
that, ``the Secretary of the Navy will take such steps as may 
be necessary to establish the authority of the United States 
and to give the islands the necessary protection.''
    On April 17, 1900, with the signing of instruments of 
cession by the leaders of the islands of Tutuila and Aunu'u, 
the United States flag was raised at the United States Naval 
Station, Tutuila. A little over four years later, a similar 
Instrument of Cession was signed by the last Samoan King of 
Manu'a and the titular chiefs of the Manu'a islands, comprising 
what is today the easternmost islands of the territory of 
American Samoa.
    In 1929, Congress recognized in law the instruments of 
cession by the islands of Tutuila, Manu'a and eastern Samoa. 
The same law delegated the authority for the administration of 
the islands to the President of the United States. The 
President in turn delegated that authority, first to the 
Secretary of the Navy, and later to the Secretary of the 
Interior in 1951. Subsequently, the Secretary of the Interior 
took action providing for the current local governance by the 
residents of the territory. The American Samoa government is 
republican in form and the governor has been directly elected 
by the people rather than appointed by the President since 
1977. American Samoa has been represented in Congress by a 
delegate in the House of Representatives since 1981.

                            COMMITTEE ACTION

    H. Res. 443 was introduced on March 16, 2000, by Delegate 
Eni Faleomavaega (D-AS). The resolution was referred to the 
Committee on Resources. On April 5, 2000, the Full Resources 
Committee met to consider the measure. Mr. Faleomavaega offered 
an amendment to make technical amendments to the preamble of 
the resolution. It was adopted by voice vote. The resolution as 
amended was then approved by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 7, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H. Res. 443, expressing 
the sense of the House of Representatives with regard to the 
centennial of the raising of the United States flag in American 
Samoa.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H. Res. 443--Expressing the sense of the House of Representatives with 
        regard to the centennial of the raising of the United States 
        flag in American Samoa

    CBO estimates that passage of H. Res. 443 would have no 
impact on the federal budget. The resolution would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H. Res. 443 would recognize the historical significance of 
the centennial of the raising of the American flag over the 
United States Territory of American Samoa.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    This resolution makes no changes in existing law.