[House Report 118-564]
[From the U.S. Government Publishing Office]


118th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     118-564

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

 
   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 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

                                _______
                                

 June 27, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6062]

    The Committee on Natural Resources, to whom was referred 
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 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 6062 is 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 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.

                  Background and Need for Legislation

    Following U.S. acquisition, American Samoa was placed under 
the U.S. Navy's administrative authority until 1951 when the 
authority was transferred to the Department of the Interior 
(DOI) in 1956 through Executive Order 10264.\1\ The Department 
of the Interior's Office of Insular Affairs (OIA) coordinates 
political relations with American Samoa and other U.S. 
territories (except Puerto Rico, which falls under the 
Executive Office of the President).\2\ American Samoa has a 
local (territorial) constitution; however, Congress has not 
enacted an Organic Act for the territory. American Samoa's 
constitution is unique in that it seeks to preserve Samoan 
cultural identity and way of life, particularly on land 
ownership, Samoa's ``Maitai'' social hierarchy, and 
immigration.\3\ Furthermore, American Samoa does not have an 
Organic Act due to concerns within American Samoa that it would 
erode the Samoan way of life.\4\ The Secretary of the Interior 
retains broad administrative authority over American Samoa, 
including over its constitutional amendment process.
---------------------------------------------------------------------------
    \1\E.O. 10264. https://www.archives.gov/federal-register/
codification/executive-order/10264.html.
    \2\Memorandum for the Heads of Executive Departments and Agencies. 
57 Fed. Reg. 57093.
    \3\For more information on American Samoa's culture and 
relationship with the U.S. Constitution, refer to Defining Status--A 
Comprehensive Analysis of U.S. Territorial Policy. Arnold H. Leibowitz. 
2013.
    \4\Id.
---------------------------------------------------------------------------
    In 1983, Congress passed, and the President signed into law 
Public Law 98-213. Section 12 of the law stated that any 
changes to the Constitution of American Samoa may be made only 
by an Act of Congress.\5\ Prior to 1983, only the approval of 
the Secretary of the Interior was required for constitutional 
amendments.\6\ The legislative history concerning Section 12 
suggests that a personnel dispute embodying self-government 
concerns motivated Congress to enact the provision. There were 
concerns within American Samoa about the then-Assistant 
Secretary of the Interior, acting on behalf of the Secretary of 
the Interior, making a unilateral decision to remove the 
incumbent Attorney General of American Samoa.\7\ Changing 
federal law ensured that the Secretary of the Interior could 
not make unilateral appointments of American Samoa's cabinet 
and removed the possibility of unilateral amendment to the 
Constitution by the Secretary of the Interior.\8\
---------------------------------------------------------------------------
    \5\Office of Rep. Eni Faleomavaega, ``Faleomavaega Announces a 
Draft Bill to Repeal Congressional Approval for Amendments to the 
American Samoa Constitution,'' press release, February 10, 2012, 
https://www.webharvest.gov/congress112th/20121215060831/http:/
www.house.gov/list/press/as00_faleomavaega/appealfofolaw.html.
    \6\48 U.S.C. Sec. 1662a.
    \7\U.S. Congress, Senate Committee on Energy and Natural Resources, 
Subcommittee on Energy Conservation and Supply, Revised Constitution of 
American Samoa, hearing, 98th Cong., 2nd sess., May 8, 1984, S. Hrg. 
98-997 (Washington: GPO, 1984), pp. 3-4. Rep. Sunia's written statement 
appears in all capital letters. The quoted material is reformatted to 
comport with CRS style.
    \8\Legal Authority Supporting DOI and Congressional Approval or 
Disapproval of Amendments to the Constitution of American Samoa. Jon 
Van Dyke. University of Hawaii School of Law Library. Jon Van Dyke 
Archives Collection. https://scholarspace.manoa.hawaii.edu/server/api/
core/bitstreams/159c73b2-1b50-407a-b59e-8e757fb03ba4/content.
---------------------------------------------------------------------------
    Debate over Section 12 continued in 1984, both in Congress 
and in American Samoa, even though the provision became law in 
late 1983. In May 1984, the same Senate subcommittee that had 
overseen Section 12's development again received testimony 
about the provision. On that occasion, Section 12 discussions 
arose amid consideration of constitutional amendments proposed 
in 1984, after a territorial convention.\9\
---------------------------------------------------------------------------
    \9\U.S. Congress, Senate Committee on Energy and Natural Resources, 
Subcommittee on Energy Conservation and Supply, Revised Constitution of 
American Samoa, hearing, 98th Cong., 2nd sess., May 8, 1984, S. Hrg. 
98-997 (Washington: GPO, 1984). https://republicans- 
naturalresources.house.gov/UploadedFiles/
Hearing_Revised_Constitution_of_American_
Samoa.pdf.
---------------------------------------------------------------------------
    Since 1984, American Samoa has made attempts to return to 
the pre-1983 policy where the Secretary of the Interior has the 
sole authority to approve changes to the American Samoan 
Constitution as there were no longer concerns about unilateral 
actions by the Department of the Interior. Concerns have been 
raised within American Samoa and personnel at the U.S. 
Department of Justice (DOJ) about whether Section 12 could 
adversely affect American Samoan culture. In a May 8, 1984, 
Senate Energy and Natural Resources hearing, the DOJ witness 
stated:

          I feel constrained to bring to your attention a case 
        now pending in the Supreme Court of the United States 
        on petition for a writ of certiorari. This case raises 
        the seemingly paradoxical possibility that the very 
        Congressional approval of the Samoan Constitution, in 
        particular of those provisions which might be 
        inconsistent with the Constitution of the United 
        States, could facilitate scrutiny and possible 
        invalidation of Samoan institutions by the federal 
        courts under our own Constitution.\10\
---------------------------------------------------------------------------
    \10\U.S. Congress, Senate Committee on Energy and Natural 
Resources, Subcommittee on Energy Conservation and Supply, Revised 
Constitution of American Samoa, hearing, 98th Cong., 2nd sess., May 8, 
1984, S. Hrg. 98-997 (Washington: GPO, 1984). See ``Statement of Robert 
B. Shanks, Deputy Assistant Attorney General, Office of Legal Counsel, 
Department of Justice.'' https://republicans-
naturalresources.house.gov/UploadedFiles/
Hearing_Revised_Constitution_of_
American_Samoa.pdf.

    Furthermore, concerns have been raised within American 
Samoa that Section 12 has stalled the approval of all 
amendments to the Constitution of American Samoa and has 
created an inequitable amendment process for American Samoa 
when compared to the other U.S. territories. Of the other U.S. 
territories with a local constitution, American Samoa is the 
only territory that must go through Congress to institute 
changes voted by their own citizens.\11\
---------------------------------------------------------------------------
    \11\Commonwealth of Northern Mariana Islands. Constitution. https:/
/cnmilaw.org/cons.php#gsc.tab=0 and Puerto Rico Law. https://
law.justia.com/puerto-rico/
#::text=Article%20Seven%20provides%20the%20process,abolish%20the%20Bill
%20of%20Rights.
---------------------------------------------------------------------------
    H.R. 6062 would repeal Section 12 of Public Law 98-213, 
granting the President of the United States, and subsequently 
the Secretary of the Interior, the power to approve amendments 
to the Constitution of American Samoa without Congressional 
approval. Congress would still retain its authority to regulate 
the territories, including the authority to make any changes to 
the Constitution of American Samoa, provided under the 
Territories Clause of the U.S. Constitution.
    The Territorial Clause of the U.S. Constitution grants 
Congress broad authority over U.S. territories. Specifically, 
Article IV, Section 3 of the Constitution states, in part, that 
``The Congress shall have Power to dispose of and make all 
needful Rules and Regulations respecting the Territory or other 
Property belonging to the United States.''\12\
---------------------------------------------------------------------------
    \12\``Article 4 Section 3 Clause 2.'' U.S. Constitution Annotated. 
https://constitution.
congress.gov/browse/article-4/section-3/clause-2/.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 6062 was introduced on October 25, 2023, by Del. Aumua 
Radewagen (R-AS). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian and Insular Affairs. On January 18, 2024, the 
Subcommittee on Indian and Insular Affairs held a hearing on 
the bill. On May 7, 2024, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Indian and 
Insular Affairs was discharged from further consideration of 
H.R. 6062 by unanimous consent. The bill was ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Indian and Insular Affairs held 
on January 18, 2024.

                      Section-by-Section Analysis


Section 1. Removal of restriction on amendments to or modifications of 
        the Constitution of American Samoa

    Repeals Section 12 P.L. 98-213 (48 U.S.C. Sec. 1662a) which 
requires any amendments or modifications to American Samoa's 
constitution, as approved by the Secretary of the Interior, to 
be made only by an Act of Congress.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause 3(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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):

                    SECTION 12 OF PUBLIC LAW 98-213

  [Sec. 12.  Amendments of, or modifications to, the 
constitution of American Samoa, as approved by the Secretary of 
the Interior pursuant to Executive Order 10264 as in effect 
January 1, 1983, may be made only by Act of Congress.]

                                  [all]