[House Report 108-515]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-515

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

 
   TO PROTECT THE VOTING RIGHTS OF MEMBERS OF THE ARMED SERVICES IN 
 ELECTIONS FOR THE DELEGATE REPRESENTING AMERICAN SAMOA IN THE UNITED 
        STATES HOUSE OF REPRESENTATIVES, AND FOR OTHER PURPOSES

                                _______
                                

  June 1, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2010]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2010) to protect the voting rights of members of the 
Armed Services in elections for the Delegate representing 
American Samoa in the United States House of Representatives, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. FINDINGS.

  Congress finds the following:
          (1) It is in the national interest that qualifying members of 
        the Armed Forces on active duty and other overseas voters be 
        allowed to vote in Federal elections.
          (2) Since 1980, when the first election for the Congressional 
        Delegate from American Samoa was held, general elections have 
        been held in the first week of November in even-numbered years 
        and runoff elections have been held 2 weeks later.
          (3) This practice of holding a run-off election 2 weeks after 
        a general election deprives members of the Armed Forces on 
        active duty and other overseas voters of the opportunity to 
        participate in the Federal election process in American Samoa.
          (4) Prior to and since September 11, 2001, and due to limited 
        air service, mail delays, and other considerations, it has been 
        and remains impossible for absentee ballots to be prepared and 
        returned within a 2-week period.
          (5) American Samoa law requiring members of the Armed Forces 
        on active duty and other overseas voters to register in person 
        also prevents participation in the Federal election process and 
        is contrary to the Uniformed and Overseas Citizens Absentee 
        Voting Act.
          (6) Given that 49 states elect their Representatives to the 
        United States House of Representatives by plurality, it is in 
        the national interest for American Samoa to do the same until 
        such time as the American Samoa Legislature establishes primary 
        elections and declares null and void the local practice of 
        requiring members of the Armed Forces on active duty and other 
        overseas voters to register in person which is contrary to the 
        federal Uniformed and Overseas Citizens Absentee Voting Act.

SEC. 2. PLURALITY OF VOTES REQUIRED FOR ELECTION OF DELEGATE.

  Section 2 of the Act entitled ``An Act to provide that the Territory 
of American Samoa be represented by a nonvoting Delegate to the United 
States House of Representatives, and for other purposes'', approved 
October 31, 1978 (48 U.S.C. 1732; Public Law 95-556) is amended--
          (1) in subsection (a)--
                  (A) by striking ``majority'' and inserting 
                ``plurality'' the first place it appears; and
                  (B) by striking ``If no candidate'' and all that 
                follows through ``office of Delegate.''; and
          (2) by adding at the end the following new subsections:
  ``(c) Establishment of Primary Elections.--The legislature of 
American Samoa may, but is not required to, provide for primary 
elections for the election of Delegate.
  ``(d) Effect of Establishment of Primary Elections.--Notwithstanding 
subsection (a), if the legislature of American Samoa provides for 
primary elections for the election of Delegate, the Delegate shall be 
elected by a majority of votes cast in any subsequent general election 
for the office of Delegate for which such primary elections were 
held.''.

SEC. 3. EFFECTIVE DATES.

  The amendments made by paragraph (1) of section 2 shall take effect 
on January 1, 2006. The amendment made by paragraph (2) of section 2 
shall take effect on January 1, 2005.

                          Purpose of the Bill

    The purpose of H.R. 2010 is to protect the voting rights of 
members of the Armed Services in elections for the Delegate 
representing American Samoa in the United States House of 
Representatives, and for other purposes.

                  Background and Need for Legislation

    H.R. 2010 replaces the current ``majority'' requirement 
needed in the election for the Delegate of American Samoa to 
the U.S. House of Representatives with a plurality requirement. 
The ``majority'' requirement will be kept, however, if the 
American Samoa legislature (Fono) enacts a primary election 
system for the Delegate position prior to the general election 
of 2006, or for any other subsequent general election 
thereafter.
    The position of a non-voting Delegate to the U.S. House of 
Representatives to represent the Territory of American Samoa 
was created in 1978 with the enactment of Public Law 95-556. 
Pursuant to such law, the first non-voting Delegate from 
American Samoa was elected in 1980. Under this law, the 
Delegate from American Samoa to the U.S. House of 
Representatives is elected to office at large, by separate 
ballot, and by a majority of the votes cast for the office of 
Delegate. If no candidate receives a majority, a runoff 
election is held on the fourteenth day following the election 
between the candidates receiving the highest and the second 
highest number of votes cast for the office of Delegate.
    Although the U.S. Postal Service operates in American 
Samoa, its service is not daily and it is dependent upon 
commercial air service originating from Hawaii. Flights 
arriving from and departing to Hawaii operate twice per week. 
This situation has proven problematic in sending and receiving 
absentee ballots in a timely manner during the Congressionally-
mandated 14 day runoff election period.
    The Uniformed and Overseas Citizens Absentee Voting Act was 
enacted to ensure that the right to vote in federal elections 
can be exercised by all, especially U.S. military servicemen 
and women and their families living abroad. The procedures and 
deadlines to vote absentee vary based on State laws. The 
circumstances of a runoff election being held 14 days after a 
general election, coupled with inadequate mail service to 
American Samoa, has the potential of disenfranchising absent 
voters from fully participating in electing American Samoa's 
non-voting Delegate.
    The Committee recognizes that the time allotted between the 
general election and runoff for Delegate is a hindrance to the 
full participation of eligible active duty military personnel, 
their families, and students located abroad in the runoff 
elections through the use of absentee ballots. It is estimated 
that there are potentially 2,000 active duty military 
personnel, their families, and 120 students living abroad who 
could be eligible to participate in the election of American 
Samoa's Delegate. The Committee believes that steps should be 
taken to increase the participation of these voters in the 
election for the office of Delegate.
    Other insular areas, including the Virgin Islands and Guam, 
have acted within their territorial powers under subsection (a) 
of 48 U.S.C. 1734 to enact requirements for a primary to select 
candidates for their non-voting representative to Congress, 
thereby avoiding the problem faced by American Samoa.
    In the Committee's continuing effort to provide insular 
governments a greater measure of self-government, H.R. 2010, as 
amended by the Committee, makes clear that the authority to 
establish a primary election system rests with the Fono. In 
addition, the Fono has the authority to enact legislation 
governing all other matters of local application pertaining to 
the election and the office of Delegate for which H.R. 2010, as 
amended, has not otherwise expressly provided for. In so doing, 
and in recognition that such action will have a direct effect 
on the office of Delegate, the Committee encourages that the 
Fono work collaboratively with the Delegate from American 
Samoa, and act consistently with the laws of the United States 
and the Revised Constitution of American Samoa, where 
applicable.

                            Committee Action

    H.R. 2010 was introduced on May 7, 2003, by Congressman Eni 
Faleomavaega (D-AS).\1\ The bill was referred to the Full 
Committee on Resources. On October 29, 2003, the Committee held 
a hearing on the bill. On May 5, 2004, the Full Resources 
Committee met to consider the bill. Congressman Faleomavaega 
offered an amendment in the nature of a substitute to clarify 
the powers of the Fono to adopt a primary voting structure for 
the office of the Delegate, as well as to make technical 
changes to the legislation with regard to dates of 
implementation. It was adopted by unanimous consent. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.
---------------------------------------------------------------------------
    \1\ In the 107th Congress, Congressman Faleomavaega introduced both 
H.R. 3576 and H.R. 4838, which are similar to the legislation 
introduced as H.R. 2010 in the 108th Congress. During the 107th 
Congress, the Committee scheduled a Full Committee hearing on H.R. 
4838, but Mr. Faleomavaega asked that the hearing be postponed due to a 
request made by the Legislature of American Samoa (Fono) on July 10, 
2002.
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                      Section-by-Section Analysis


Section 1. Findings

    This section lists Congressional findings regarding how 
members of the Armed Forces and other overseas voters face 
specific logistical obstacles to their ballots being included 
in the election of the Delegate from American Samoa.

Section 2. Plurality of Votes Required for Election of Delegate

    Section 2 amends subsection 1732 (a) of Public Law 95-556 
(48 U.S.C. 1732) to provide for a primary election system. This 
section also specifically authorizes the Fono to establish a 
primary election for the office of Delegate. Further, if the 
Fono establishes this primary, the general election will revert 
to a majority election system.

Section 3. Effective Dates

    Section 3 makes the legislation effective on January 1, 
2006. This does not include subsection (c) regarding the powers 
of the Fono to establish a primary, which is effective on 
January 1, 2005.

            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 I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant 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. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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, May 21, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2010, a bill to 
protect the voting rights of members of the Armed Services in 
elections for the Delegate representing American Samoa in the 
United States House of Representatives, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Matthew 
Pickford (for federal costs) and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                      Elizabeth M. Robinson
                                         (For Douglas Holtz-Eakin).
    Enclosure.

H.R. 2010--A bill to protect the voting rights of members of the Armed 
        Services in elections for the Delegate representing American 
        Samoa in the United States House of Representatives, and for 
        other purposes

    H.R. 2010 would amend Public Law 95-556, which provided the 
Territory of American Samoa with a nonvoting delegate to the 
U.S. House of Representatives. Specifically, the bill would 
revise the voting procedures used for the election of American 
Samoa's delegate. Currently, the delegate must be elected by a 
majority of votes, and a run-off vote is held 14 days after the 
initial vote if no candidate receives a majority. Under H.R. 
2010, only a plurality would be required and no run-off 
election would be held. However, if the legislature of American 
Samoa were to provide for primary elections for the election of 
the delegate, then the delegate would be elected by a majority 
of votes cast in a subsequent general election. CBO estimates 
that implementing H.R. 2010 would have no impact on the federal 
budget. The legislation would not affect direct spending or 
revenues.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provisions that 
enforce the constitutional rights of individuals. CBO has 
determined that H.R. 2010 would fall within that exclusion 
because it would protect the voting rights of absentee voters, 
including members of the armed forces. Therefore, CBO has not 
reviewed the bill for mandates.
    The CBO staff contacts for this estimates are Matthew 
Pickford (for federal costs) and Marjorie Miller (for the state 
and local impact). This estimate was approved by Robert A. 
Sunshine, 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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 31, 1978


                          (Public Law 95-556)

 AN ACT To provide that the Territory of American Samoa be represented 
by a nonvoting Delegate to the United States House of Representatives, 
and for other purposes.

           *       *       *       *       *       *       *


  Sec. 2. (a) The Delegate shall be elected by the people 
qualified to vote for the popularly elected officials of the 
Territory of American Samoa at the general Federal election of 
1980, and thereafter at such general election every second year 
thereafter. The Delegate shall be elected at large, by separate 
ballot, and by a [majority] plurality of the votes cast for the 
office of Delegate. [If no candidate receives such majority, on 
the fourteenth day following such election a runoff election 
shall be held between the candidates receiving the highest and 
the second highest number of votes cast for the office of 
Delegate.] In case of a permanent vacancy in the office of 
Delegate, by reason of death, resignation, or permanent 
disability, the office of Delegate shall remain vacant until a 
successor shall have been elected and qualified.

           *       *       *       *       *       *       *

  (c) Establishment of Primary Elections.--The legislature of 
American Samoa may, but is not required to, provide for primary 
elections for the election of Delegate.
  (d) Effect of Establishment of Primary Elections.--
Notwithstanding subsection (a), if the legislature of American 
Samoa provides for primary elections for the election of 
Delegate, the Delegate shall be elected by a majority of votes 
cast in any subsequent general election for the office of 
Delegate for which such primary elections were held.

           *       *       *       *       *       *       *


                                  
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