Removal of Restriction on Amendments to or Modifications of the Constitution of American Samoa

Floor Speech

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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 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Section 12 of Public Law 98-213 (48 U.S.C. 1662a) is repealed.

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Mr. WESTERMAN. 6062, the bill now under consideration.

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.

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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.

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